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Local Government Act 1993

Queensland Local Government Act 1993 Reprinted as in force on 1 July 2010 immediately before repeal Reprint No. 12L This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 Act No. 17 s 291

Information about this reprint This Act is reprinted as at 1 July 2010 immediately before repeal. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Local Government Act 1993 Contents Chapter 1 Part 1 1 Part 2 2 Part 3 3 4 6 8 Part 4 9 10 Part 5 11 12 Chapter 2 Part 1 Division 1 15 16 17 18 Division 2 19 20 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Objects Objects of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Meaning of owner of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Meaning of material personal interest . . . . . . . . . . . . . . . . . . . . . 57 Documents open to inspection not to contain information about protected persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Application of Act to Brisbane City Council Act applies only so far as expressly provided. . . . . . . . . . . . . . . . 60 How local government Acts apply to Brisbane City Council . . . . . 61 Application of Act to joint local governments Act applies except so far as application displaced . . . . . . . . . . . . 62 How Act applies to joint local governments . . . . . . . . . . . . . . . . . 63 The local government system Local governments Local government areas Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Declaration of local government areas . . . . . . . . . . . . . . . . . . . . . 64 Local government required for each local government area . . . . 64 Declaration of classes of local government areas . . . . . . . . . . . . 64 Roles of local governments Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . 65 Roles of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Division 3 21 22 23 24 25 26 27 28 29 30 31 Division 4 32 Division 5 33 34 35 36 Division 6 37 38 38A Part 2 Division 1 39 Division 2 41 Division 3 42 Division 4 43 44 2 Local Government Act 1993 Jurisdiction of local governments Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Exercise of jurisdiction for its local government area—the basic territorial unit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exercise of jurisdiction outside its local government area—the additional territorial units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Territorial unit of local government . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction of local government . . . . . . . . . . . . . . . . . . . . . . . . . . Law-making matters included in jurisdiction of local government. Limitation on exercise of jurisdiction for basic territorial unit . . . . Limitation on exercise of jurisdiction for additional territorial units Local laws and policies apply to additional territorial units only if expressly applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General limitations on exercise of jurisdiction . . . . . . . . . . . . . . . Inconsistency with State law . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of councillors Number of councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Names, legal status and general powers of local governments Local government name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other provisions about local governments Site of public office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Execution of documents by local governments . . . . . . . . . . . . . . Liability does not attach to councillors etc. acting honestly . . . . . Joint local governments Extended application of part Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Consultation Consultation before exercise of powers under part . . . . . . . . . . . Joint local government areas Declaration of joint local government areas . . . . . . . . . . . . . . . . . Establishment and operation of joint local governments Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations about establishment and operation of joint local governments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 66 66 66 66 66 67 67 67 67 68 68 68 68 69 69 70 70 71 72 72 72 72 73

3 Local Government Act 1993 Division 5 45 46 Division 6 47 48 Division 7 49 49A 50 51 52 Division 8 53 53A 54 Part 3 Division 1 55 Division 2 57 58 59 60 Chapter 3 Part 1 Division 1 61 62 63 64 65 Division 2 Subdivision 1 66 Jurisdiction of joint local governments Jurisdiction generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jurisdiction exclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of joint local governments Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Number of representatives etc. . . . . . . . . . . . . . . . . . . . . . . . . . . Legal status and general powers of joint local governments Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on power to make or levy rate . . . . . . . . . . . . . . . . . . Delegation to component local governments . . . . . . . . . . . . . . . . Other provisions about joint local governments Execution of documents by joint local governments. . . . . . . . . . . Liability does not attach to members acting honestly . . . . . . . . . . Adjustments between joint local government and component local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Joint action by local governments Extended application of part Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Joint action Joint responsibility for boundary works . . . . . . . . . . . . . . . . . . . . Extension of operations outside local government area. . . . . . . . Cooperation between local governments . . . . . . . . . . . . . . . . . . . Interstate cooperation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interaction with the State Reviewable local government matters Preliminary Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Definitions for pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of owner of land for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of reviewable local government matter . . . . . . . . . . . . . Meaning of limited reviewable local government matter. . . . . . . . Local Government Electoral and Boundaries Review Commissions Establishment, constitution and functions of commissions Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 73 74 74 74 75 75 76 76 76 77 77 78 78 78 78 79 79 80 80 80 83 83

4 Local Government Act 1993 67 68 Subdivision 2 69 70 71 72 73 74 75 Subdivision 3 76 Division 3 Subdivision 1 77 78 79 Subdivision 2 80 Division 4 Subdivision 1 81 82 83 84 85 Subdivision 2 86 87 88 89 90 91 Constitution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business and meetings of commissions Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interests by members of expanded commission. . . Additional provisions for disclosure of interests by commissioner and deputy commissioner . . . . . . . . . . . . . . . . . . . Miscellaneous Resignation and removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References of, and applications for, reviewable local government matters References to commissioner by Minister Minister may refer certain reviewable local government matters to commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References of reviewable local government matters to be tabled etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Request by commissioner for reference . . . . . . . . . . . . . . . . . . . . Applications to commissioner by local governments Limited reviewable local government matters. . . . . . . . . . . . . . . . Procedures for major and minor references of reviewable local government matters Preliminary References of reviewable local government matters . . . . . . . . . . Appointment of additional review commissioners. . . . . . . . . . . . . Commissions may declare major references . . . . . . . . . . . . . . . . Commissions must have regard to prescribed issues . . . . . . . . . Restrictions on determinations for City of Brisbane . . . . . . . . . . . Major references of reviewable local government matters Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . Preliminary procedures for certain references . . . . . . . . . . . . . . . Determination not to implement matter . . . . . . . . . . . . . . . . . . . . Public notice of proposed determination to implement matter . . . Commission to consider submissions . . . . . . . . . . . . . . . . . . . . . 84 84 85 85 85 85 85 86 87 87 88 89 89 90 91 92 92 92 92 93 93 93 95 95 97

5 Local Government Act 1993 92 93 94 95 96 Subdivision 3 97 98 99 100 101 102 103 104 Division 5 105 106 107 108 109 110 111 Division 6 Subdivision 1 112 113 Subdivision 2 114 115 116 117 118 119 120 121 Holding of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making final determination and preparation of report. . . . . . . . . . Notification of determination and report to Minister . . . . . . . . . . . Implementation of matter on commission’s report . . . . . . . . . . . . Implementation of matter at request of Legislative Assembly . . . Minor references of reviewable local government matters Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . Determination not to implement matter . . . . . . . . . . . . . . . . . . . . Notice of proposed determination to implement matter and recommendations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission to consider submissions . . . . . . . . . . . . . . . . . . . . . Making final determination and preparation of report. . . . . . . . . . Notification of determination and report to Minister . . . . . . . . . . . Implementation of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limited reviewable local government matters Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission may make inquiries . . . . . . . . . . . . . . . . . . . . . . . . . Commission must have regard to prescribed issues . . . . . . . . . . Restriction on determination to implement matter . . . . . . . . . . . . Action after determination to implement matter . . . . . . . . . . . . . . Action after determination not to implement matter . . . . . . . . . . . Implementation of matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inquiries by expanded commissions General Expanded commission may decide to hold inquiry for certain matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of decision to hold inquiry . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of inquiries Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission’s duties on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . Commission may decide procedures . . . . . . . . . . . . . . . . . . . . . . Public may attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 98 100 101 102 103 103 103 103 105 105 107 108 109 109 109 109 110 111 111 112 112 112 112 113 113 113 113 114 114

6 Local Government Act 1993 122 Division 7 Subdivision 1 123 124 Subdivision 2 125 126 127 128 129 130 131 132 133 134 135 136 Subdivision 3 137 138 139 140 141 142 Subdivision 4 143 144 Division 8 Subdivision 1 145 Subdivision 2 146 147 Change of commission members. . . . . . . . . . . . . . . . . . . . . . . . . Referendums Preliminary Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approving or opposing referendum question . . . . . . . . . . . . . . . . Holding referendums Wording of referendum question . . . . . . . . . . . . . . . . . . . . . . . . . Appointment and role of returning officers for referendum . . . . . . Referendum day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of referendum day and other information . . . . . . . . . . . . . Voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voters roll to be open to inspection and purchase . . . . . . . . . . . . Explanatory statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission may request information from local government . . . Giving statements to affected electors and display of statements and proposed determination . . . . . . . . . . . . . . . . . . . Local government views on referendum. . . . . . . . . . . . . . . . . . . . Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of referendum. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement provisions Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction that poll be conducted by postal ballot . . . . . . . . . . . . . Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mode of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of ballot paper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Referendum cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions about commission members Commissioner and deputy commissioner Commissioner may direct deputy commissioner to perform commissioner’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment, and duration of appointment, of review commissioners Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 115 115 116 116 117 117 118 119 119 119 119 120 120 120 126 126 126 126 127 128 129 129 129 130 131

7 Local Government Act 1993 Subdivision 3 148 149 150 151 Division 9 152 153 154 155 156 Division 10 157 158 159 Part 1B Division 1 159YA 159YB 159YC 159YD 159YE Division 2 Subdivision 1 159YF Subdivision 2 159YG 159YH 159YHA Subdivision 3 159YI 159YJ Subdivision 4 159YK 159YL Terms of appointment, resignation and termination of appointment of certain commission members Definition for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Staff and administrative support. . . . . . . . . . . . . . . . . . . . . . . . . . Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certain reports to be tabled etc.. . . . . . . . . . . . . . . . . . . . . . . . . . Reports open to inspection and available for purchase . . . . . . . . Additional procedures may be prescribed by regulation. . . . . . . . Implementing reviewable local government matters Implementation of reviewable local government matter . . . . . . . . Requirement before implementation . . . . . . . . . . . . . . . . . . . . . . Liability for State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementation of whole of Queensland local government boundaries reform Preliminary Application of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objectives of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operation of pt 1B in relation to pt 1. . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishment of new local government areas and adjustments of local government areas Preliminary Operation of sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New local government areas Establishment of new local government areas (sch 1A, pt 1). . . . Operation of sch 1A, pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular entities go out of existence. . . . . . . . . . . . . . . . . . . . . . Adjusted local government areas Transfer of transferring areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operation of sch 1A, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing local government areas Changes applying to continuing local government areas . . . . . . . Operation of sch 1A, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 131 131 131 132 132 132 133 133 134 135 135 136 136 136 137 141 142 143 143 144 144 145 146 147

8 Local Government Act 1993 Subdivision 5 159YM 159YN Subdivision 6 159YO 159YP Division 3 159YQ 159YQA Division 4 Subdivision 1 159YR 159YS 159YT 159YU 159YV 159YW 159YX Subdivision 2 159YY 159YZ Division 5 159Z 159ZA Division 6 159ZB 159ZC 159ZD Division 7 159ZE 159ZF Regulations supporting divisions 2 to 4 Limit of division arrangements regulation . . . . . . . . . . . . . . . . . . . Regulation for declaring information about local governments. . . Division boundaries for new, adjusted and continuing local government areas Commissioner to decide division boundaries . . . . . . . . . . . . . . . . Review of commissioner’s decision . . . . . . . . . . . . . . . . . . . . . . . Implementation of reform matters Reform implementation regulations . . . . . . . . . . . . . . . . . . . . . . . Other transitional regulation-making power . . . . . . . . . . . . . . . . . Local transition committees Local transition committees for new local government areas Establishment and composition of local transition committees for new local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidelines for local transition committees . . . . . . . . . . . . . . . . . . Responsibility to act in public interest . . . . . . . . . . . . . . . . . . . . . Functions of local transition committee . . . . . . . . . . . . . . . . . . . . First meeting of local transition committee and public notification Appointment of interim chief executive officer for new local government ..................................... Employment subcommittee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transferring area local transition committees Establishment and composition of transferring area local transition committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of transferring area local transition committee . . . . . . . Transition action plans Transition action plans for new local government area. . . . . . . . . Guidelines for transition action plans . . . . . . . . . . . . . . . . . . . . . . Interim chief executive officers Functions of interim chief executive officer before changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Responsibility of chief executive officer to help interim chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of interim chief executive officer from changeover day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment matters Definition for div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 149 149 150 151 153 153 154 155 155 156 157 158 158 159 159 159 160 161 162 162 163

9 Local Government Act 1993 159ZG 159ZH 159ZI Division 8 159ZJ 159ZK 159ZL 159ZM 159ZN 159ZO Division 9 159ZP 159ZQ 159ZR 159ZS 159ZT Division 10 159ZU 159ZV 159ZW 159ZX Division 11 159ZZ 159ZZA Part 1C Division 1 159ZZB 159ZZC Division 2 159ZZD 159ZZE 159ZZF Prohibition on retrenchment because of reform matter implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government workforce transition code of practice . . . . . . . When workforce transition code of practice takes effect . . . . . . . 2008 quadrennial elections for all local government areas Quadrennial elections in 2008 to be held on 15 March instead of 29 March . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Holding of 2008 quadrennial elections . . . . . . . . . . . . . . . . . . . . . Conduct of 2008 quadrennial elections by electoral commission. Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils . . . . . . . . . . . . . . . . . . . . . . Other changes to ch 5 for type 1, 2 and 3 elections . . . . . . . . . . . Changed references to particular matters . . . . . . . . . . . . . . . . . . State intervention powers Definition for div 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Giving of directions under div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . Directions by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special arrangements for transition period Definition for div 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prohibition on major policy decision in transition period. . . . . . . . Invalidity of major policy decision in transition period if decision revoked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous State Transition Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of pt 1B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Particular provisions for implementation of reform matters for indigenous regional councils Preliminary Application of pt 1B definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 1C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Torres Strait Island Regional Council Particular entities go out of existence. . . . . . . . . . . . . . . . . . . . . . TSIRC jurisdiction extends to Island custom . . . . . . . . . . . . . . . . Changed application of ss 220 and 254 . . . . . . . . . . . . . . . . . . . . 163 164 165 165 166 166 167 168 169 169 169 170 170 171 171 172 172 173 173 173 174 174 174 175 175

10 Local Government Act 1993 Division 3 159ZZG 159ZZH Division 4 Subdivision 1 159ZZI 159ZZJ 159ZZK 159ZZL 159ZZM 159ZZN 159ZZO Subdivision 2 159ZZP 159ZZQ 159ZZR 159ZZS 159ZZT 159ZZU 159ZZV 159ZZW 159ZZX 159ZZY 159ZZZ 159ZZZA Subdivision 3 159ZZZB 159ZZZC 159ZZZD 159ZZZE 159ZZZG 159ZZZH Northern Peninsula Area Regional Council Particular entities go out of existence. . . . . . . . . . . . . . . . . . . . . . NPARC jurisdiction extends to Aboriginal tradition and Island custom ........................................ Indigenous regional councils generally Community forums Function of community forum . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishing community forums . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor or mayoral candidate ineligible for community forum membership .................................... Payment of expenses to ordinary members of community forum. Community forum convenor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of community forum convenor . . . . . . . . . . . . . . . . . . . Meetings open to public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management of community deeds of grant in trust Indigenous regional council as trustee of community deed of grant in trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on exercise of indigenous regional council’s powers as trustee under Land Act . . . . . . . . . . . . . . . . . . . . . . . . Mayor does not vote at meetings of trustee . . . . . . . . . . . . . . . . . Community forum constituted as land panel . . . . . . . . . . . . . . . . Convenor for land panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of convenor for land panel . . . . . . . . . . . . . . . . . . . . . . Trustee decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land panel participation in making of trustee decision . . . . . . . . Special requirements for absolute majority and for agreement of councillor for relevant division. . . . . . . . . . . . . . . . . . . . . . . . . . . . Seeking advice and views other than about trustee decision. . . . Meetings of trustee to be open to the public unless otherwise resolved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grouping of trust land not available . . . . . . . . . . . . . . . . . . . . . . . Other matters Extended jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional reasons for appointment of financial controller . . . . . . Revocation or suspension of particular resolutions or orders . . . Councillor to chair community forum . . . . . . . . . . . . . . . . . . . . . . Power of indigenous regional council to make and levy charge on residents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limited application of ch 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 176 177 177 178 179 179 180 180 181 181 182 182 182 183 183 184 185 186 186 187 187 187 188 189 189 189

159ZZZI Part 2 Division 1 160 161 162 163 164 165 166 Division 2 167 168 169 Division 3 170 171 172 173 174 175 176 177 Division 4 178 179 180 181 182 183 184 185 186 187 188 11 Local Government Act 1993 Disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Intervention by the State Powers of intervention Procedures before exercise of certain powers . . . . . . . . . . . . . . . Revocation and suspension of resolutions and orders. . . . . . . . . Effect of revocation or suspension . . . . . . . . . . . . . . . . . . . . . . . . Overruling local laws and subordinate local laws etc. . . . . . . . . . Dissolution of local government . . . . . . . . . . . . . . . . . . . . . . . . . . Exclusion of part of local government area from Act . . . . . . . . . . Abolition of joint local government and its area . . . . . . . . . . . . . . Inquiries, investigations and inspections Inquiries, investigations and inspections by authorised persons . Reports on inquiries, investigations and inspections . . . . . . . . . . Chief executive may request information from local government . Conduct of inquiries Authorised person’s duties on inquiry. . . . . . . . . . . . . . . . . . . . . . Authorised person may decide procedures . . . . . . . . . . . . . . . . . Public may attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised person’s powers on inquiry. . . . . . . . . . . . . . . . . . . . . Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . Change of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . Administrators When administrator must be appointed . . . . . . . . . . . . . . . . . . . . Jurisdiction, powers and duties of administrator. . . . . . . . . . . . . . Title of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee to help administrator . . . . . . . . . . . . . . . . . . . . . . . . . Conditions of appointment as administrator or member of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of amounts from local governments . . . . . . . . . . . . . . . Role of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision by Minister on referral by administrator . . . . . . . . . . . . . Procedures of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of administrator’s appointment . . . . . . . . . . . . . . . . . Termination of appointment of committee member etc. . . . . . . . . 189 190 191 191 191 192 192 193 193 194 194 194 195 195 195 196 196 196 197 197 197 198 198 198 199 199 199 200 200 201

12 Local Government Act 1993 Division 5 188A 188B 188C 188D 188E 188F 188G 188H Part 3 Division 1 189 Division 2 191 192 193 194 Division 3 195 Division 4 196 197 198 199 200 Division 5 Subdivision 1 201 202 Subdivision 2 203 204 205 206 207 Financial controllers Procedures before appointment of financial controller . . . . . . . . . Appointment of financial controller . . . . . . . . . . . . . . . . . . . . . . . . Functions of financial controller . . . . . . . . . . . . . . . . . . . . . . . . . . Power of financial controller to advise chief executive about resolution or order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Countersigning cheques and authorising electronic funds transfers ....................................... Local government to cooperate with financial controller. . . . . . . . Financial controller’s employment conditions . . . . . . . . . . . . . . . . Recovery of amounts from local government . . . . . . . . . . . . . . . . Local Government Grants Commission Extended application of part Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Commission membership Local Government Grants Commission and its members . . . . . . Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacation of and removal from office . . . . . . . . . . . . . . . . . . . . . . . Acting members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role of commission Commission makes recommendations to Minister . . . . . . . . . . . . Recommendations, allocation and distribution Preparing recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission’s recommendations to Minister . . . . . . . . . . . . . . . . Allocation of amount after recommendations . . . . . . . . . . . . . . . . Recommendations to be tabled . . . . . . . . . . . . . . . . . . . . . . . . . . Distribution of financial assistance amount . . . . . . . . . . . . . . . . . Inquiries by commission General Commission may decide to hold inquiry. . . . . . . . . . . . . . . . . . . . Notice of decision to hold inquiry . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of inquiries Extended meaning of commission in subdivision. . . . . . . . . . . . . Commission’s duties on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . Commission may decide procedures . . . . . . . . . . . . . . . . . . . . . . Public may attend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . 201 202 202 203 203 204 204 204 204 205 205 206 206 207 207 208 208 208 209 209 209 209 210 210 210 210

13 Local Government Act 1993 208 209 210 211 Division 6 212 213 214 215 216 Division 7 217 218 Chapter 4 Part 1 Division 1 219 Division 2 220 221 222 223 224A 225 226 Division 2A 226A 226B 226C 226D Division 3 227 228 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness at inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of member. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commission proceedings Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Way business to be conducted. . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Cooperation by departments etc. . . . . . . . . . . . . . . . . . . . . . . . . . Assistance to the commission . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government councillors Membership of local governments Extended application of part Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Qualifications and disqualifications General qualifications for membership . . . . . . . . . . . . . . . . . . . . . General disqualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disqualification and vacation of office for certain offences. . . . . . Review of lawfulness of membership of local government . . . . . . Councillor ceases to be councillor on becoming candidate for the Legislative Assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Councillor ceases to be councillor on becoming director of significant business entity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of local government employment on becoming councillor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Councillors holding paid State appointment Meaning of paid State appointment for div 2A . . . . . . . . . . . . . . . Meaning of class A local government and class B local government for div 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect on paid State appointment of person’s election as councillor ..................................... Councillor not to be appointed to paid State appointment . . . . . . Term of office Duration of membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resignation from office as a councillor. . . . . . . . . . . . . . . . . . . . . 211 211 212 212 212 212 213 213 213 213 214 214 214 215 217 218 219 219 219 220 221 222 223 223 224

Part 2 Division 1 229 230 231 Division 2 232 233 234 235 236 Part 3 Division 1 236A 236B 237 238 238A 239 240 Division 2 241 242 243 243A 244 245 246 246A 247 248 249 250 14 Local Government Act 1993 Councillors’ roles Councillors’ roles generally Councillors’ role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitations on councillors’ roles . . . . . . . . . . . . . . . . . . . . . . . . . . Additional roles of mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy mayor and acting mayor Deputy mayor of local government . . . . . . . . . . . . . . . . . . . . . . . . Office of deputy mayor may be declared vacant . . . . . . . . . . . . . Additional role of deputy mayor . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of acting mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role of acting mayor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Entitlements and obligations Entitlements of councillors and committee members Remuneration for councillors of local governments . . . . . . . . . . . Reimbursement of expenses and provision of facilities for councillors of local governments . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee . . . . . . . . . . . Superannuation benefits for councillors . . . . . . . . . . . . . . . . . . . . Councillors may make salary sacrifice arrangements . . . . . . . . . Insurance of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnity for councillors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of councillors Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Requirements of councillors before acting in office . . . . . . . . . . . Acting as councillor without authority . . . . . . . . . . . . . . . . . . . . . . Compliance with code of conduct. . . . . . . . . . . . . . . . . . . . . . . . . Exclusion from meeting of councillor with material personal interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Removal of disability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalty for contravening exclusion from meeting . . . . . . . . . . . . . Recording of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . Registers of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Queries on contents of register . . . . . . . . . . . . . . . . . . . . . . . . . . Improper use of information by councillors. . . . . . . . . . . . . . . . . . 224 225 226 227 227 227 227 228 228 229 230 231 232 233 233 233 233 235 235 235 236 236 237 237 238 239 240

15 Local Government Act 1993 Division 3 Subdivision 1 250AA 250AB 250AC 250AD 250AE Subdivision 2 250AF 250AG Subdivision 3 250AH 250AI 250AJ Subdivision 4 250AK 250AL Subdivision 5 250AM 250AN 250AO Subdivision 6 250AP 250AQ Division 4 250AR 250AS 250AT 250AU Part 3A Division 1 250A 250B 250C 250D Local Government Remuneration Tribunal Establishment, functions and membership Establishment of Local Government Remuneration Tribunal . . . . Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Members of remuneration tribunal . . . . . . . . . . . . . . . . . . . . . . . . Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . Remuneration and appointment conditions of members . . . . . . . Staffing arrangements and meetings Work performance arrangements. . . . . . . . . . . . . . . . . . . . . . . . . Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Categorising local governments Establishing categories of local governments . . . . . . . . . . . . . . . Criteria for establishing categories . . . . . . . . . . . . . . . . . . . . . . . . Deciding and reviewing categories of local governments to which local governments belong . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration schedule Deciding remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discretion to vary remuneration in exceptional circumstances. . . Inquiries conducted by remuneration tribunal Remuneration tribunal may make inquiries . . . . . . . . . . . . . . . . . Conduct of inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of remuneration tribunal changes during inquiry . . . Reports Remuneration tribunal reports . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification and tabling of report. . . . . . . . . . . . . . . . . . . . . . . . . . Reimbursement of expenses and provision of facilities Chief executive to approve proposed expenses reimbursement policy or amendments of the policy . . . . . . . . . . . . . . . . . . . . . . . Requirement to adopt expenses reimbursement policy or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notification of adoption of expenses reimbursement policy . . . . . Meetings in public about expenses reimbursement policy . . . . . . Code of conduct for councillors Preliminary Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirement to adopt code of conduct for councillors . . . . . . . . . Model code of conduct for councillors . . . . . . . . . . . . . . . . . . . . . 241 241 241 242 242 243 244 244 244 245 246 247 247 247 248 249 249 250 250 251 251 251 251 252 253

16 Local Government Act 1993 250E Division 2 250F 250G 250H 250I Division 3 250J 250K 250L Division 4 Subdivision 1 250M 250N Subdivision 2 250O 250P 250Q Subdivision 3 250R 250S Subdivision 4 250T 250U 250V 250W Subdivision 5 250X 250Y Subdivision 6 250Z 250ZA 250ZB 250ZC 250ZD Application and duration of code of conduct . . . . . . . . . . . . . . . . Content of codes of conduct for councillors Statutory and additional obligations of councillors . . . . . . . . . . . . Ethics principles for local government councillors . . . . . . . . . . . . Code must state what a repeat breach is . . . . . . . . . . . . . . . . . . . Information about making a complaint . . . . . . . . . . . . . . . . . . . . . Procedure for making code of conduct for councillors Notice of draft code of conduct for councillors . . . . . . . . . . . . . . . Requirement to consider comments. . . . . . . . . . . . . . . . . . . . . . . Code of conduct to be available for inspection and purchase . . . Enforcement of code of conduct for councillors Preliminary Categories of code of conduct breaches . . . . . . . . . . . . . . . . . . . References in div 4 to code of conduct breaches. . . . . . . . . . . . . Meeting breaches Making a complaint about a meeting breach . . . . . . . . . . . . . . . . When local government must deal with the complaint . . . . . . . . . How local government must deal with complaint . . . . . . . . . . . . . Minor breaches Making a complaint about a minor breach . . . . . . . . . . . . . . . . . . How local government must deal with complaints officer’s report Repeat breaches and statutory breaches Making a complaint about a statutory breach. . . . . . . . . . . . . . . . Referring complaints about statutory breaches to conduct review panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of complaints by conduct review panel . . . . . . . . . . . . . . Decision by local government about repeat breach or statutory breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Penalties Penalties local government may impose . . . . . . . . . . . . . . . . . . . Effect of suspension of councillor for s 252 . . . . . . . . . . . . . . . . . Conduct review panel Pool of members for conduct review panel. . . . . . . . . . . . . . . . . . Qualifications for appointment as member of conduct review panel .......................................... Removal from pool of conduct review panel members. . . . . . . . . Quorum for meetings of conduct review panel . . . . . . . . . . . . . . . Chairperson of conduct review panel . . . . . . . . . . . . . . . . . . . . . . 253 253 254 254 254 255 256 256 256 257 257 257 258 259 259 260 261 261 262 263 264 264 264 265 265 265

17 Local Government Act 1993 250ZE 250ZF 250ZG 250ZH 250ZI Subdivision 7 250ZJ Part 4 251 252 253 254 255 256 Part 5 257 258 259 260 261 262 263 264 265 Part 5 Division 1 284AA 284A Division 2 285 286 Division 3 287 Meetings of conduct review panel . . . . . . . . . . . . . . . . . . . . . . . . Payment of fee to members of conduct review panel by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Costs of conduct review panel to be met by local government. . . Indemnity for panel members . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indemnity for persons giving information to a conduct review panel .......................................... Miscellaneous Frivolous or vexatious complaint . . . . . . . . . . . . . . . . . . . . . . . . . Vacancies in membership of local governments Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . When councillor’s office becomes vacant. . . . . . . . . . . . . . . . . . . Filling of earlier vacancies by by-election . . . . . . . . . . . . . . . . . . . Filling of later vacancies by appointment . . . . . . . . . . . . . . . . . . . Duty to seek political party’s nominee for appointment to vacancy ...................................... Duty to seek other nominees for appointment to vacancy . . . . . . Membership of joint local governments Election of members. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When members are to be elected . . . . . . . . . . . . . . . . . . . . . . . . Delegate members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filling of casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Returning officer for elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of representatives on default . . . . . . . . . . . . . . . . . . President and deputy president . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overriding duty of joint local government member . . . . . . . . . . . . Division of local government areas Preliminary Non-application of part to indigenous regional councils . . . . . . . . Definition for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quota requirements for divided local governments Equitable division of local government areas . . . . . . . . . . . . . . . . Quota to be complied with in division of local government area and assignment of councillors . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure requirements and references Disclosure of compliance or noncompliance with quota requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266 266 266 266 267 267 268 268 268 269 271 271 272 272 272 273 273 273 274 274 274 275 275 275 276 277

288 Chapter 6 Part 1 Division 1 442 443 444 Division 2 445 446 447 448 449 450 451 Division 3 452 453 454 455 456 457 458 459 Division 4 460 461 461A 462 463 464 Division 5 466 467 468 469 470 18 Local Government Act 1993 Matter of area’s division referred to commissioner . . . . . . . . . . . . General operation of local governments Proceedings of local governments What meetings are held Post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agenda of post-election meetings . . . . . . . . . . . . . . . . . . . . . . . . Other meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government meetings Place of meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjournment of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal or amendment of resolutions . . . . . . . . . . . . . . . . . . . . . . Committees and their meetings Appointment of committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Advisory committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegate members of committees . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes must be kept unless committee exempted . . . . . . . . . . . Meetings generally Division applies to local governments and their committees . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recording of reasons for particular decisions . . . . . . . . . . . . . . . Meetings in public unless otherwise resolved . . . . . . . . . . . . . . . Closed meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public notice of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Records Safe custody of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Loss or destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of records by the public . . . . . . . . . . . . . . . . . . . . . . . . Inspection of records by members . . . . . . . . . . . . . . . . . . . . . . . . Duty to make records available . . . . . . . . . . . . . . . . . . . . . . . . . . 278 279 279 280 280 280 280 281 281 281 282 282 282 283 283 283 283 284 284 284 284 285 286 286 287 287 287 288 288 288

19 Local Government Act 1993 Division 6 471 472 473 473A Part 2 474 475 476 477 478 479 480 Part 3 Division 1 481 481A 481B 483 Division 2 Subdivision 1 483A Subdivision 2 483B 483C Subdivision 3 483D 483E 483F 483G 483H Subdivision 4 483I 483J 483K 483L 483M Miscellaneous Correspondence with local government . . . . . . . . . . . . . . . . . . . . Delegation by local government . . . . . . . . . . . . . . . . . . . . . . . . . . Preservation of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Community boards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Polls Authority to conduct poll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subject matter of polls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Poll must be on Saturday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Electoral provisions that apply to a poll . . . . . . . . . . . . . . . . . . . . Cases for and against question in poll . . . . . . . . . . . . . . . . . . . . . Publication of poll result . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on conducting another poll on the same question . . Contracts and related activities Preliminary Principles governing the making of contracts . . . . . . . . . . . . . . . . What are procurement activities of a local government . . . . . . . . What are designated disposal activities of a local government . . Entering into a contract under delegation. . . . . . . . . . . . . . . . . . . Strategic contracting model Preliminary Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Choice of strategic contracting model Power to choose strategic contracting model . . . . . . . . . . . . . . . . Effect of choice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements relating to procurement activities Annual procurement plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of procurement plan . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of procurement plan . . . . . . . . . . . . . . . . . . . . . . . . . . Significant procurement activity plans . . . . . . . . . . . . . . . . . . . . . Procurement manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements relating to designated disposal activities Annual asset disposal plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for asset disposal plan . . . . . . . . . . . . . . . . . . . . . Amendment of asset disposal plan . . . . . . . . . . . . . . . . . . . . . . . Inspection of asset disposal plan . . . . . . . . . . . . . . . . . . . . . . . . . Plans for significant designated disposal activities. . . . . . . . . . . . 289 289 290 290 291 291 291 291 292 292 292 293 293 293 294 294 295 295 296 297 297 297 298 298 299 299 299 300

20 Local Government Act 1993 483N Subdivision 5 483O Division 3 Subdivision 1 483P Subdivision 2 484 485 486 487 488 489 490 Subdivision 3 491 492 Subdivision 4 492A Part 4 Division 1 493 493A 494 495 Division 2 496 497 Division 3 498 499 500 501 Part 5 501A 501B Asset disposal manual . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for disposal of particular land Procedural contracting model generally applies for disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procedural contracting model Preliminary Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purchasing When tenders are required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When quotations are required . . . . . . . . . . . . . . . . . . . . . . . . . . . Exceptions to the requirement to seek tenders or quotations . . . Panel of suitable providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changes to tenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short listing after calling for expressions of interest . . . . . . . . . . . Acceptance of tender or quotation . . . . . . . . . . . . . . . . . . . . . . . . Disposal of land or particular non-current assets When tenders or auctions are required . . . . . . . . . . . . . . . . . . . . Exemptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Required manuals Required procurement and asset disposal manuals . . . . . . . . . . Enterprises Preliminary Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Non-application of part to indigenous regional councils . . . . . . . . Matters relevant to good rule and government. . . . . . . . . . . . . . . Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enterprise powers Engagement in or help to enterprises . . . . . . . . . . . . . . . . . . . . . Specific enterprise powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Safeguards Requirements for exercise of enterprise powers . . . . . . . . . . . . . Restrictions on exercise of enterprise powers . . . . . . . . . . . . . . . Establishing enterprise powers limits . . . . . . . . . . . . . . . . . . . . . . Register of enterprises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General complaints process Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 301 301 301 302 302 303 304 304 304 305 305 307 308 308 308 309 309 310 310 311 311 312 313 313

501C 501D 501E 501F Part 6 501G Chapter 7 Part 1 502 503 Part 2 504 505 506 507 508 509 510 511 512 513 Part 2A 513A 513B 513C Part 3 514 515 516 517 Part 4 518 519 520 520A 521 21 Local Government Act 1993 Meaning of administrative action . . . . . . . . . . . . . . . . . . . . . . . . . Local government to establish general complaints process . . . . . Requirements for general complaints process . . . . . . . . . . . . . . . Refusal to investigate complaint. . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Prohibition on loans to individuals . . . . . . . . . . . . . . . . . . . . . . . . Financial operation and accountability of local governments Local Government Finance Standards Issue of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standards must be complied with . . . . . . . . . . . . . . . . . . . . . . . . Corporate and operational plans Preparation and adoption of corporate plan . . . . . . . . . . . . . . . . . Period of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements of corporate plans . . . . . . . . . . . . . . . . . . . . . . . . . Preparation and adoption of operational plan . . . . . . . . . . . . . . . Amendment of operational plan . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements of operational plan . . . . . . . . . . . . . . . . . . . . . . . . Compliance with corporate and operational plans . . . . . . . . . . . . Evaluation of activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copies of plans to be available for inspection and purchase . . . . Revenue policy Preparation and adoption of revenue policy . . . . . . . . . . . . . . . . . Requirements and content of revenue policy . . . . . . . . . . . . . . . . Copies of revenue policy to be available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funds and accounting procedures Funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reserves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Trust fund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compliance with sound accounting principles and procedures . . Budget Adoption of budget and revenue statement . . . . . . . . . . . . . . . . . Requirements of budgets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Content of operating fund budgets . . . . . . . . . . . . . . . . . . . . . . . . Requirements and content of revenue statement. . . . . . . . . . . . . Financial information to be presented to budget meeting. . . . . . . 313 314 314 316 316 317 319 319 319 320 320 320 320 320 321 321 321 321 322 322 322 323 323 324 324 324 325 326 326

522 523 524 Part 5 525 526 Part 6 527 528 529 Part 7 530 Part 8 531 532 533 534 535 Part 9 536 537 Part 10 538 539 540 541 542 Chapter 8 Part 1 543 544 Part 2 545 22 Local Government Act 1993 Spending of local government pending adoption of budget . . . . . Councillors’ liability for disbursements . . . . . . . . . . . . . . . . . . . . . Budgets and revenue statements to be available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Borrowing and investment Local governments are statutory bodies . . . . . . . . . . . . . . . . . . . Councillors’ liability for unauthorised borrowings . . . . . . . . . . . . . Accounts Accounting records to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . Statements of account to be presented to local government . . . . Statements of accounts open to inspection . . . . . . . . . . . . . . . . . Audit General reporting provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report Annual report to be prepared and adopted . . . . . . . . . . . . . . . . . Content of report about financial position of local government . . Content of report about implementing corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Content of report about other issues of public interest. . . . . . . . . Copies of report to be available for inspection and purchase. . . . Duties about property stolen or unaccounted for Report of missing property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government to take part in prosecution . . . . . . . . . . . . . . . Joint local governments Contribution by component local governments . . . . . . . . . . . . . . Notice for contribution to joint local government. . . . . . . . . . . . . . Results of failure to pay contribution . . . . . . . . . . . . . . . . . . . . . . Adoption of a budget by joint local government for part of a year Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction . . . . . . . . . . . . . . . . . . National competition reform of significant business activities Object and application Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Definitions Definitions for ch 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327 327 328 328 328 329 329 330 330 331 331 331 331 334 334 335 335 335 336 336 337 337 338 338

Part 3 546 547 548 Part 4 Division 1 549 550 551 552 553 Division 2 554 Division 3 555 556 557 558 559 Division 4 560 561 562 563 564 565 566 Part 5 567 568 569 570 23 Local Government Act 1993 Identification of new type 1 and 2 business activities Minister to decide threshold amounts for identifying new type 1 or 2 business activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual review of business activities . . . . . . . . . . . . . . . . . . . . . . . Notice to Minister of new type 1 or 2 business activities . . . . . . . Public benefit assessment of significant business activities Subject matter of public benefit assessments Matters to be addressed by public benefit assessment for type 1 or new type 1 business activity . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be addressed by public benefit assessment for type 2 or new type 2 business activity . . . . . . . . . . . . . . . . . . . . . . . . . What is corporatisation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What is full cost pricing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Content of public benefit assessment report Matters to be addressed in public benefit assessment reports . . Local government to undertake assessments Public benefit assessments to be undertaken . . . . . . . . . . . . . . . Fresh public benefit assessment if reforms not implemented within 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to resolve on assessment and report process Timing for assessments and reports . . . . . . . . . . . . . . . . . . . . . . Regulation about public benefit assessment and public benefit assessment reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action to be taken on public benefit assessment reports Object of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to give public notice of public benefit assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public access to public benefit assessment reports. . . . . . . . . . . Local government to resolve whether to implement reforms . . . . Timetable for implementation of reforms . . . . . . . . . . . . . . . . . . . Notice to Minister of resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . Reforms not implemented, may later be implemented . . . . . . . . . Full cost pricing for significant business activities Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of full cost pricing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guarantees by State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to implement full cost pricing for significant business activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 342 343 343 344 345 345 346 347 347 348 349 349 350 351 351 351 352 352 353 353 354 354 354 355 355

24 Local Government Act 1993 Part 6 Division 1 571 Division 2 572 573 574 Division 3 575 576 577 Division 4 578 Division 5 579 580 Division 6 581 582 583 Part 7 Division 1 Subdivision 1 584 Subdivision 2 585 586 587 588 Subdivision 3 589 590 591 592 Commercialisation of significant business activities Preliminary Application of pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Background and objectives of part Objectives of commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . How objectives of commercialisation are to be achieved—key principles and their elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key objectives of commercial business units under commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interpretation Meaning of commercialisation . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of key principles of commercialisation . . . . . . . . . . . . . . Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishment of commercial business unit Local government to establish commercial business unit . . . . . . Operations of commercial business unit Additional requirements for corporate plan . . . . . . . . . . . . . . . . . Performance plan for commercial business units . . . . . . . . . . . . . Annual statement on operations of commercial business unit Annual statement on operations of commercial business unit . . . Commonwealth and State tax equivalents . . . . . . . . . . . . . . . . . . Guarantees by State. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government owned corporations Preliminary Application of part Application of pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outline of part and its background and objectives What this part provides. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Objectives of corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . How objectives of corporatisation are to be achieved—key principles and their elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . Key objectives of corporatised corporation under corporatisation Interpretation Meaning of corporatisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of key principles of corporatisation . . . . . . . . . . . . . . . . Meaning of statement of corporate intent. . . . . . . . . . . . . . . . . . . Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356 356 356 356 357 358 359 360 360 361 361 362 362 363 363 364 364 364 365 365 367 367

25 Local Government Act 1993 593 594 Subdivision 4 595 Subdivision 5 596 597 Division 2 Subdivision 1 600 601 Subdivision 2 602 603 Subdivision 3 604 605 606 607 Subdivision 4 608 609 Subdivision 5 610 611 612 613 Subdivision 6 614 Subdivision 7 615 616 617 References to doing of act by corporatised corporation . . . . . . . . References to local governments etc. . . . . . . . . . . . . . . . . . . . . . Corporatised corporation not a local government Corporatised corporation not a local government . . . . . . . . . . . . Operation of part and application of laws Extraterritorial operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of existing laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mechanisms for creating LGOCs and subsidiaries Proposal for corporatisation Local government proposes corporatisation . . . . . . . . . . . . . . . . Nomination of candidate LGOC or LGOC’s subsidiary . . . . . . . . Preparation of corporatisation charter—preliminary Meaning of corporatisation charter. . . . . . . . . . . . . . . . . . . . . . . . Candidate LGOC’s business may become business of LGOC following corporatisation charter. . . . . . . . . . . . . . . . . . . . . . . . . . Preparation of corporatisation charter—establishment committee Establishment committee to be appointed . . . . . . . . . . . . . . . . . . Composition of establishment committee. . . . . . . . . . . . . . . . . . . Procedure for appointment of establishment committee . . . . . . . Draft corporatisation charter to be given to local government . . . Preparation of corporatisation charter—requirements for charter Matters to be included in draft corporatisation charter . . . . . . . . . Other matters relevant to draft corporatisation charter preparation .................................... Corporatisation charter—approvals Approval of draft corporatisation charter . . . . . . . . . . . . . . . . . . . Approval of amendments of corporatisation charter. . . . . . . . . . . Corporatisation charter open to inspection . . . . . . . . . . . . . . . . . Deletion of commercially sensitive matters from corporatisation charter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporatisation charter—expiry of charter transitional part Expiry of charter transitional part . . . . . . . . . . . . . . . . . . . . . . . . . Corporatisation facilitative mechanisms—significant business entities Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Significant business entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfer of assets, liabilities etc. to significant business entity . . . 371 371 372 372 372 373 373 374 374 374 375 375 376 376 377 377 378 378 378 378 379 379 380

26 Local Government Act 1993 Subdivision 8 618 619 620 621 Subdivision 9 622 623 Subdivision 10 624 625 626 627 628 Subdivision 11 629 Division 3 Subdivision 1 630 631 632 633 634 Subdivision 2 635 Subdivision 3 637 638 639 640 641 642 Significant business entities—directors and employees Composition of boards including councillors and local government employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration and allowances to directors of significant business entities who are councillors or employees of a local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on councillors and employees being directors . . . . . Prohibition on councillors being employees . . . . . . . . . . . . . . . . . Interim board Interim board of directors for significant business entity. . . . . . . . Application of certain provisions about directors and executives to significant business entities . . . . . . . . . . . . . . . . . . Corporatisation facilitative mechanisms—general Assistance to significant business entities . . . . . . . . . . . . . . . . . . Share capital and issue of shares . . . . . . . . . . . . . . . . . . . . . . . . Variation of share capital . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division does not affect existing legal relationships . . . . . . . . . . . Local government may deal with other matters . . . . . . . . . . . . . . Acting chief executive officer of significant business entity on corporatisation Appointment of acting chief executive officer for significant business entity on corporatisation . . . . . . . . . . . . . . . . . . . . . . . . Local government owned corporations and subsidiaries Declaration of LGOCs and subsidiaries Declaration of entity as LGOC . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements for LGOCs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of entity as subsidiary . . . . . . . . . . . . . . . . . . . . . . . . Requirements for subsidiaries . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration does not affect legal personality etc. . . . . . . . . . . . . . Application of Corporations Act Corporations Act does not apply to corporatised corporations . . Shares of corporatised corporations Local governments to be shareholders of LGOCs . . . . . . . . . . . . LGOC to be shareholder of LGOC’s subsidiary . . . . . . . . . . . . . . If 2 or more local governments are shareholders, shares and entitlements apportioned by agreement . . . . . . . . . . . . . . . . . . . . Variation of shares and share capital of corporatised corporation Transfer, issue etc. of shares . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shareholders must act jointly . . . . . . . . . . . . . . . . . . . . . . . . . . . . 381 382 383 383 383 384 385 385 386 386 387 387 388 388 389 389 389 389 390 390 390 390 391 391

27 Local Government Act 1993 Subdivision 4 643 Subdivision 5 644 645 646 647 648 649 Subdivision 6 650 651 652 653 654 Subdivision 7 655 656 Subdivision 8 657 658 659 660 661 662 663 664 Subdivision 9 665 666 667 Subdivision 10 668 669 Shareholders and councillors Appointment of councillors as shareholder’s delegates . . . . . . . . Board of directors Corporatised corporation to have board of directors . . . . . . . . . . Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional provisions about board—div 5 . . . . . . . . . . . . . . . . . . . First board of LGOC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . First board of LGOC subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive officer Corporatised corporations to have chief executive officer . . . . . . Duties of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . Things done by chief executive officer . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . Additional provisions about chief executive officer—div 6 . . . . . . Corporate plan—general LGOC must have corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . Corporate plan to apply to subsidiaries . . . . . . . . . . . . . . . . . . . . Preparation, agreement on and changes to corporate plan Draft corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special procedures in relation to draft corporate plan . . . . . . . . . Corporate plan on agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporate plan pending agreement . . . . . . . . . . . . . . . . . . . . . . . Changes to corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporate plan open to inspection . . . . . . . . . . . . . . . . . . . . . . . . Deletion of commercially sensitive matters from corporate plan . Statement of corporate intent—general Corporatised corporations must have statements of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LGOC’s statement of corporate intent must be consistent with corporate plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsidiary’s statement of corporate intent to be consistent with LGOC’s corporate plan and statement of corporate intent . . . . . . Matters to be included in statement of corporate intent Matters to be included in statement of corporate intent . . . . . . . . Deletion of commercially sensitive matters from statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 391 393 393 393 394 394 394 395 395 395 395 396 396 396 396 396 397 397 397 398 398 399 399 399 400 400 401

28 Local Government Act 1993 Subdivision 11 670 671 672 673 674 675 676 Subdivision 12 677 678 Subdivision 13 679 Subdivision 14 680 Subdivision 15 681 Subdivision 16 682 683 684 685 686 687 Subdivision 17 688 689 690 691 692 693 694 695 Preparation, agreement on and modification of statement of corporate intent Draft statement of corporate intent. . . . . . . . . . . . . . . . . . . . . . . . Consultation with industrial organisations etc. . . . . . . . . . . . . . . . Special procedures in relation to draft statement of corporate intent ......................................... Statement of corporate intent on agreement . . . . . . . . . . . . . . . . Statement of corporate intent pending agreement . . . . . . . . . . . . Changes to statement of corporate intent . . . . . . . . . . . . . . . . . . Statement of corporate intent open to inspection. . . . . . . . . . . . . Community service obligations Meaning of community service obligations. . . . . . . . . . . . . . . . . . Community service obligations to be stated in statement of corporate intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General reserve powers of shareholder Reserve power of shareholder to give directions to LGOC in public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suspected insolvency from directions Notice of suspected insolvency because of direction . . . . . . . . . . Limitation on local government directions Corporatised corporation and board not otherwise subject to local government direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports and other accountability matters Application of Financial Accountability Act 2009 . . . . . . . . . . . . . Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . Omission of certain matters from annual report etc. . . . . . . . . . . LGOC board to keep shareholder informed . . . . . . . . . . . . . . . . . Duties and liabilities of directors and other officers Disclosure of interests by directors . . . . . . . . . . . . . . . . . . . . . . . Voting by interested director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty and liability of certain officers of corporatised corporation. . Prohibition on loans to directors . . . . . . . . . . . . . . . . . . . . . . . . . . When corporatised corporation not to indemnify officers . . . . . . . Corporatised corporation not to pay premiums for certain liabilities of officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Director’s duty to prevent insolvent trading. . . . . . . . . . . . . . . . . . Court may order compensation . . . . . . . . . . . . . . . . . . . . . . . . . . 402 403 403 404 404 404 405 405 406 407 407 409 410 410 411 412 413 413 415 415 416 418 419 419 420 421

29 Local Government Act 1993 696 697 698 699 Subdivision 18 700 701 702 703 704 705 706 Subdivision 19 707 708 Subdivision 20 708A 709 710 Subdivision 21 711 712 713 Subdivision 22 714 715 716 Subdivision 23 717 718 719 720 Examination of persons concerned with corporatised corporations .................................... Power to grant relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . False or misleading information or documents. . . . . . . . . . . . . . . Notice of suspected insolvency otherwise than because of direction ........................................ Legal capacity and powers Objects of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers of corporatised corporations . . . . . . . . . . . . . . . Restrictions on powers of corporatised corporations . . . . . . . . . . Persons having dealings with corporatised corporations etc.. . . . LGOC may direct subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subsidiaries must comply with directions. . . . . . . . . . . . . . . . . . . Sections 704 and 705 not limiting . . . . . . . . . . . . . . . . . . . . . . . . Finance—taxation State taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commonwealth and State tax equivalents . . . . . . . . . . . . . . . . . . Finance—borrowings and guarantees Application of Statutory Bodies Financial Arrangements Act 1982 ......................................... Guarantees by local government . . . . . . . . . . . . . . . . . . . . . . . . . Payment for cost of funds advantage of guarantees by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Finance—dividends Payment of dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Interim dividends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dividend payment for financial year of becoming a corporatised corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition and disposal of assets and subsidiaries Reserve power of shareholder to direct that asset not be disposed of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disposal of main undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquiring of other subsidiaries prohibited . . . . . . . . . . . . . . . . . . Employees Employees of corporatised corporations . . . . . . . . . . . . . . . . . . . Terms of employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Arrangements relating to staff . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation schemes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 421 424 425 426 428 428 429 430 432 432 432 433 433 434 434 435 435 436 437 437 438 438 438 438 439 439

30 Local Government Act 1993 721 722 Subdivision 24 723 724 725 726 727 728 Division 4 729 730 731 732 733 Division 5 Subdivision 1 734 735 Subdivision 2 736 737 738 739 740 741 742 743 Subdivision 3 744 745 746 747 748 Superannuation for officers and employees of corporatised corporation who were previously officers of a local government . Preservation of leave and other entitlements of certain former employees of local government . . . . . . . . . . . . . . . . . . . . . . . . . . Other matters Corporatised corporation’s seal . . . . . . . . . . . . . . . . . . . . . . . . . . Change of functions and name of corporatised corporation . . . . Authentication of documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial notice of certain signatures . . . . . . . . . . . . . . . . . . . . . . . Crime and Misconduct Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of Ombudsman Act 2001 . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Monitoring and assessment of corporatised corporations . . . . . . Giving of documents to board . . . . . . . . . . . . . . . . . . . . . . . . . . . Judicial notice of certain resolutions. . . . . . . . . . . . . . . . . . . . . . . When resolutions amending certain resolutions take effect . . . . . Local governments and certain officers not directors etc. . . . . . . Additional provisions relating to board of corporatised corporations Composition of board Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . Meetings and other business of board Meaning of required minimum number of directors . . . . . . . . . . . Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . Participations in meetings by telephone etc. . . . . . . . . . . . . . . . . Resolutions without meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to directors Appointment of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LGOC director not to be chief executive officer or other employee of LGOC’s subsidiary . . . . . . . . . . . . . . . . . . . . . . . . . . Procedure for appointment of directors . . . . . . . . . . . . . . . . . . . . Terms of appointment not provided for under divs 1–4 . . . . . . . . Appointment of acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . 440 441 442 442 442 443 443 443 444 445 445 445 445 446 446 447 447 447 447 448 448 448 449 449 449 449 450 451

31 Local Government Act 1993 749 750 Division 6 751 752 753 754 755 756 757 Chapter 9 Part 1 758 759 760 Part 2 761 762 Part 3 763 763A 764 Part 4 765 766 767 768 Chapter 10 Part 1 769 770 Part 2 772 772A Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of appointment as director . . . . . . . . . . . . . . . . . . . . Additional provisions relating to chief executive officers Appointment of chief executive officer . . . . . . . . . . . . . . . . . . . . . Local government employees can not be chief executive officers of corporatised corporations . . . . . . . . . . . . . . . . . . . . . . Director may be chief executive officer . . . . . . . . . . . . . . . . . . . . . Appointment of acting chief executive officer . . . . . . . . . . . . . . . . Terms of appointment not provided for under divs 1–4 . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conduct of competitive business activities Object and application Object of ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Competitive neutrality principles. . . . . . . . . . . . . . . . . . . . . . . . . . Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Definitions Definitions for ch 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of business activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . Code of competitive conduct Code must be applied to roads business activities. . . . . . . . . . . . Code must be applied to building certification business activities ..................................... When code must be applied to other business activities . . . . . . . Annual review of business activities Annual review of business activities . . . . . . . . . . . . . . . . . . . . . . . Local government to resolve whether to apply code of competitive conduct to business activities . . . . . . . . . . . . . . . . . . Application of code of competitive conduct to other activities . . . Information to be included in annual report . . . . . . . . . . . . . . . . . Reform of certain water and sewerage services Object and application Object of ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Interpretation Definitions for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consumption as the basis for utility charges for water services. . 451 451 451 451 452 452 452 452 452 453 453 453 454 455 455 456 456 456 456 457 457 458 458 459 460

32 Local Government Act 1993 Part 3 773 774 775 776 777 Part 4 778 779 780 781 782 Part 5 783 783A 784 785 786 Chapter 11 Part 1 787 788 789 790 Part 2 Division 1 791 792 Division 2 793 794 795 796 Assessment of cost effectiveness of two-part tariffs for water supply Assessment of cost effectiveness of two-part tariffs to be carried out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to decide on assessment and report process ..................................... Timing for assessments and reports . . . . . . . . . . . . . . . . . . . . . . Fresh assessment within 3 years if recommendation on two-part tariffs not applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation about assessments and reports . . . . . . . . . . . . . . . . . Decision on two-part tariff reports Object of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public access to two-part tariff reports . . . . . . . . . . . . . . . . . . . . . Local government to resolve whether to apply two-part tariff. . . . Timing for resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to Minister of resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . Implementation of certain charging arrangements and reporting procedures Local governments to implement charging and operational arrangements for relevant business activities. . . . . . . . . . . . . . . . Implementing resolution under s 780 to apply two-part tariff . . . . Start of work to apply two-part tariffs . . . . . . . . . . . . . . . . . . . . . . Timetable for implementing arrangements . . . . . . . . . . . . . . . . . . Strategies for applying s 783(b)–(e) . . . . . . . . . . . . . . . . . . . . . . . Complaints about competitive neutrality Preliminary Object of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Definitions for ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaint process for local government business entities Preliminary Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affected persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Complaints about competitive neutrality Local government to establish complaint process . . . . . . . . . . . . Requirements for complaint process . . . . . . . . . . . . . . . . . . . . . . Grounds for complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of complaint on activities . . . . . . . . . . . . . . . . . . . . . . . . . . 460 461 461 461 462 462 462 463 463 464 464 464 465 465 465 466 466 467 467 470 470 471 471 472 472

797 798 Division 3 799 800 801 802 803 804 805 Division 4 806 807 808 809 Division 5 810 811 812 813 814 Division 6 815 816 817 818 819 820 Part 3 Division 1 821 Division 2 822 823 33 Local Government Act 1993 Referee to act fairly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be considered by referee on complaint . . . . . . . . . . . . Investigation of complaints Requirement of referee to investigate . . . . . . . . . . . . . . . . . . . . . Investigation notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of giving an investigation notice . . . . . . . . . . . . . . . . . . . . . General procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . Handling of documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Confidential information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports on complaints Giving of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contents of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government decisions on recommendations . . . . . . . . . . . General provisions about complaints process Disposal of documents held by referee . . . . . . . . . . . . . . . . . . . . Protection from liability of referee or person assisting referee . . . Protection from liability of person giving information to referee . . Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Draft reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provisions for Queensland Competition Authority as referee Local government may resolve Queensland Competition Authority to be referee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of complaints process . . . . . . . . . . . . . . . . . . . . . . . . Making a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further information to support complaint . . . . . . . . . . . . . . . . . . . Application of part and Queensland Competition Authority Act 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government decisions on recommendations . . . . . . . . . . . References to Queensland Competition Authority Application of part Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Institution of reference Reference of outcome of complaint to Queensland Competition Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making a reference. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 472 472 474 475 475 476 476 476 477 478 478 479 480 480 481 481 481 482 482 483 483 483 484 485 485 486 486

34 Local Government Act 1993 824 825 826 827 Division 3 828 829 830 831 Part 4 832 833 834 835 836 837 838 839 840 841 842 843 844 845 Part 5 846 847 Chapter 12 Part 1 Division 1 848 849 Division 2 850 851 Request for referee’s documents . . . . . . . . . . . . . . . . . . . . . . . . . Further information to support reference . . . . . . . . . . . . . . . . . . . Matters to be considered by Queensland Competition Authority in considering reference . . . . . . . . . . . . . . . . . . . . . . . . Procedures for dealing with references . . . . . . . . . . . . . . . . . . . . Reports of Queensland Competition Authority about references Giving of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contents of reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reports open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government decisions about reports. . . . . . . . . . . . . . . . . . Accreditation Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Purpose of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigation notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matters to be considered by authority for investigation . . . . . . . . Procedures for investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions on grant of accreditation . . . . . . . . . . . . . . . . . . . . . . . Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Publication of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Period of effect of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . Surrender of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cancellation of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lists of accreditations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Register of accreditations, complaints etc. . . . . . . . . . . . . . . . . . . Annual report to include summary of complaints and decisions by local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local laws and subordinate local laws Preliminary Object and application Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of chapter to Brisbane City Council . . . . . . . . . . . . . . Local laws and related concepts Meaning of local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of model local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 487 487 488 488 489 490 490 490 491 491 492 492 492 494 494 495 496 496 496 497 497 498 498 499 500 500 501 501

852 853 854 854A 854AA 854B Part 2 Division 1 855 856 856A 857 858 Division 2 859 860 861 862 863 863A Division 3 864 865 866 867 868 869 870 871 872 873 874 35 Local Government Act 1993 Meaning of interim local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of subordinate local law . . . . . . . . . . . . . . . . . . . . . . . . . Local laws and subordinate local laws about development . . . . . No jurisdiction to make local laws and subordinate local laws about distributing how-to-vote cards. . . . . . . . . . . . . . . . . . . . . . . No jurisdiction to make local laws and subordinate local laws prohibiting placement of election signs or posters . . . . . . . . . . . . Local laws and subordinate local laws about airport landing charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Making local laws and subordinate local laws Making model local laws Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 1—propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2—make a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . Making interim local laws Interim local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 1—propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2—get Minister’s agreement to use interim local law process ....................................... Step 3—make proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 4—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . Making proposed interim local law under div 3 . . . . . . . . . . . . . . Making other local laws Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 1—propose a law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 2—ensure proposed law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3—consult with public about proposed law . . . . . . . . . . . . . Step 4—give public access to proposed law . . . . . . . . . . . . . . . . Step 5—accept and consider all submissions . . . . . . . . . . . . . . . Step 6—decide whether to proceed with making proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 7—again ensure proposed law satisfactorily deals with any State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 8—make proposed law . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 9—give public notice of law . . . . . . . . . . . . . . . . . . . . . . . . . 501 501 501 503 503 503 504 504 504 504 505 506 506 507 508 508 509 510 510 510 510 512 513 513 513 514 515 515

Division 4 875 876 877 878 879 880 881 882 883 Division 5 884 885 886 887 888 889 890 891 892 893 Division 6 893A 893B 893C 893D 893E 893F 893G 36 Local Government Act 1993 Making subordinate local laws Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subordinate local law process . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 1—propose a subordinate local law . . . . . . . . . . . . . . . . . . . Step 2—consult with public about proposed subordinate local law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Step 3—give public access to proposed subordinate local law . . Step 4—accept and consider all submissions . . . . . . . . . . . . . . . Step 5—make proposed subordinate local law . . . . . . . . . . . . . . Step 6—give public notice of subordinate local law . . . . . . . . . . . Early commencement under subordinate local law making process ........................................ Anti-competitive provisions of proposed local laws and proposed subordinate local laws Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local laws and subordinate local laws not to be made unless local government complies with division . . . . . . . . . . . . . . . . . . . Review of proposed local law or proposed subordinate local law to identify possible anti-competitive provisions. . . . . . . . . . . . . . . Public interest test of possible anti-competitive provisions. . . . . . Local government to decide on test and report process . . . . . . . Public interest test report to be presented to local government meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government to resolve whether to implement recommendations of public interest test . . . . . . . . . . . . . . . . . . . . Public interest test reports are open to inspection . . . . . . . . . . . . Regulation about public interest tests and public interest test reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions of existing local laws and existing subordinate local laws Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of local laws and subordinate local laws unless local government complies with division . . . . . . . . . . . . . . . . . . . . . . . . Review of anti-competitive provisions in local laws and subordinate local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public interest test of anti-competitive provisions . . . . . . . . . . . . . Local government to decide on test and report process . . . . . . . Public interest test report to be presented to local government meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 516 516 517 518 518 519 519 520 521 522 522 522 522 523 524 524 525 525 526 526 526 527 527 528 528

37 Local Government Act 1993 893H 893I 893J 893K 893L Part 3 894 895 Part 4 896 896A 897 897A 897B 898 899 Part 5 899A 899B 899C 899D Chapter 13 Part 1 900 Part 2 Division 1 901 Division 2 902 903 904 905 Local government to resolve whether to implement recommendations of public interest test . . . . . . . . . . . . . . . . . . . . Public interest test reports open to inspection . . . . . . . . . . . . . . . Repeal or amendment of anti-competitive provision . . . . . . . . . . Timing for resolution and implementation. . . . . . . . . . . . . . . . . . . Regulation about public interest tests and public interest test reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public access to local laws and subordinate local laws Local laws and subordinate local laws available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subordinate local law register . . . . . . . . . . . . . . . . . . . . . . . . . . . Status of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws Effect of local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of expiry of interim local law . . . . . . . . . . . . . . . . . . . . . . . . Extent to which subordinate local law is binding . . . . . . . . . . . . . When subordinate local laws cease to have effect. . . . . . . . . . . . Consolidated versions of local laws and subordinate local laws . Proof of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws . . . . . . . . . . . . Local law and subordinate local law presumed to be within jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review and expiry of local laws and subordinate local laws Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of local laws and subordinate local laws . . . . . . . . . . . . . . Reviews of local laws and subordinate local laws . . . . . . . . . . . . Repeal of redundant provision . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government infrastructure Extended application of chapter Application of chapter to Brisbane City Council . . . . . . . . . . . . . . Roads Control of roads Local governments’ control of roads . . . . . . . . . . . . . . . . . . . . . . Realignment and widening of roads Realignment of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of notice of realignment . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for realignment of road . . . . . . . . . . . . . . . . . . . . . Claims for compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 528 529 529 531 531 531 532 532 532 533 533 534 535 535 536 536 536 537 538 538 539 540 540 540

906 907 908 909 910 911 912 913 Division 3 914 915 Division 4 916 917 918 919 919A 920 921 Part 2A 921A Part 3 922 923 924 925 926 927 928 929 Part 4 930 931 932 933 934 934A 38 Local Government Act 1993 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessment of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . Award of compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition of land instead of compensation . . . . . . . . . . . . . . . . Notice of realignment not effective in certain circumstances . . . . Realignment not carried out . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation if realignment not carried out . . . . . . . . . . . . . . . . Acquisition of land for use as footpath . . . . . . . . . . . . . . . . . . . . . Opening and closure of roads Notice to local government of opening or closure of roads . . . . . Limited closure of roads by local government . . . . . . . . . . . . . . . Miscellaneous Temporary roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fixing road levels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation for change in road level . . . . . . . . . . . . . . . . . . . . Ancillary works and encroachments on roads . . . . . . . . . . . . . . . Assessment of impacts on roads from certain activities . . . . . . . Categorisation of roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roads map and register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public thoroughfare easements Public thoroughfare easements . . . . . . . . . . . . . . . . . . . . . . . . . . Malls Purpose of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closure of roads to traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provision of works for mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Establishment of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Closure of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operation of mall . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Control of vehicles and animals in malls . . . . . . . . . . . . . . . . . . . No entitlement to compensation for mall . . . . . . . . . . . . . . . . . . . Marine and aquatic matters Ferry service in local government area . . . . . . . . . . . . . . . . . . . . Ferry service on boundary of local government areas . . . . . . . . . Lease of ferries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local laws about ferries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Harbours, jetties, breakwaters and ramps . . . . . . . . . . . . . . . . . . Canals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 541 541 542 542 542 543 544 544 545 545 546 546 547 547 547 549 549 549 551 551 551 552 552 552 552 552 553 553 553 553 553 554

935 936 Part 5 Division 1 937 Division 2 938 939 940 941 Division 3 942 Division 4 955 Part 6 Division 1 955A Division 2 955B 955C 955D 955E Division 3 955F 955G Division 4 955H Part 7 956 956A 956B 956C 956D 956E 956F 39 Local Government Act 1993 Management and regulation of bathing reserves . . . . . . . . . . . . . Control of foreshore . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government control over levee banks Jurisdiction of local governments Limited exclusion of jurisdiction of local government . . . . . . . . . . Control of levee banks Regulation of levee banks etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . Decision on application for permission. . . . . . . . . . . . . . . . . . . . . Issue of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application for permission for existing levee banks . . . . . . . . . . . Review by QCAT Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of part Effect of part on legal rights and remedies. . . . . . . . . . . . . . . . . . Kuranda rail line Preliminary Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tourist infrastructure levy Imposition of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Payment of levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unpaid levy interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Obligation to give annual statements . . . . . . . . . . . . . . . . . . . . . . How levy is to be applied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expiry of part 6 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Stormwater drainage Local government may require stormwater to discharge to its stormwater drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval required to connect . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sanitary drainage must not connect to stormwater drainage . . . . Owner may be directed to do certain work. . . . . . . . . . . . . . . . . . Prohibition on discharge of prohibited substances and trade waste into stormwater drainage . . . . . . . . . . . . . . . . . . . . . . . . . . Cost of repairing damaged stormwater drainage . . . . . . . . . . . . . Interference with path of stormwater . . . . . . . . . . . . . . . . . . . . . . 555 555 556 556 557 558 558 559 559 559 560 560 561 561 561 561 562 562 562 563 563 564 564 565

40 Local Government Act 1993 Part 8 956G Chapter 14 Part 1 Division 1 957 Division 2 958 959 960 961 962 Part 2 963 964 965 966 967 968 969 970 971 971A 971B 972 973 973AA 973A Part 3 Division 1 976 977 978 979 Special entertainment precincts Establishment of special entertainment precinct . . . . . . . . . . . . . Rates and charges General Rateable land What land is rateable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Averaging of valuations Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Local government may decide to average land values for rating purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Averaging over 3 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Averaging over 2 years . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information available to calculate averaging factor. . . . . . . . . . . . Making and levying rates and charges Power to make and levy rates and charges . . . . . . . . . . . . . . . . . Making of rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . General rate or differential general rates must be made each year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Differential general rate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum general rate levy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum general rate levy on time shared property . . . . . . . . . . Minimum general rate levy on mining tenements . . . . . . . . . . . . . Unimproved value of mining claims . . . . . . . . . . . . . . . . . . . . . . . Special rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adjustment of special rates and charges . . . . . . . . . . . . . . . . . . . Refund of special rates and charges—special circumstances . . . Separate rates and charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utility charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utility charges for facilities under construction . . . . . . . . . . . . . . . Validity of particular utility charges . . . . . . . . . . . . . . . . . . . . . . . . Categorisation of land for differential rating Categorisation of land Land must be categorised for differential general rates . . . . . . . . Establishing criteria and categories . . . . . . . . . . . . . . . . . . . . . . . Identification of categories for parcels of land . . . . . . . . . . . . . . . Specification of categories for parcels of land . . . . . . . . . . . . . . . 565 567 568 569 569 570 570 571 571 571 571 572 572 573 573 574 576 577 578 578 581 581 582 582 583 583

Division 2 980 981 982 Division 3 983 Division 4 984 985 986 987 988 989 990 991 Division 5 992 993 Part 4 Division 1 994 995 996 Division 2 999 1000 Division 3 1004 1005 1006 1006A 1007 Part 5 Division 1 1008 1009 41 Local Government Act 1993 Entry on land for categorisation Meaning of authorised person for division . . . . . . . . . . . . . . . . . . Purposes for which powers may be exercised . . . . . . . . . . . . . . . Power of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of categorisation Notice to owner of categorisation . . . . . . . . . . . . . . . . . . . . . . . . . Objections and appeals Owner’s objection to categorisation . . . . . . . . . . . . . . . . . . . . . . . Decision on owner’s objection . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of decision on objections . . . . . . . . . . . . . . . . . . . . . . . . . . Right of appeal against decision . . . . . . . . . . . . . . . . . . . . . . . . . Where and how to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution and procedure of Land Court . . . . . . . . . . . . . . . . . . Decision on appeal by Land Court . . . . . . . . . . . . . . . . . . . . . . . . Levy and recovery of rate unaffected by objection or appeal . . . . Late categorisation Late categorisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time of effect of late categorisation . . . . . . . . . . . . . . . . . . . . . . . Land record of local government Land record Land record to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Land record open to inspection . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of land record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of decisions by QCAT to amend land record Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers of QCAT on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notices of change in ownership Notice of sale of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of surrender or forfeiture to State . . . . . . . . . . . . . . . . . . . Notice of change in ownership . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of sale or change in ownership by new owner . . . . . . . . . Result of failure to give notice of change in ownership . . . . . . . . Levying and payment of rates Levying of rates Levying rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate may be levied or adjusted after end of financial year. . . . . . 583 584 584 585 586 586 587 587 588 588 588 589 589 589 590 590 591 591 591 592 592 593 593 594 594 597

42 Local Government Act 1993 Division 2 1010 1011 1012 1013 1014 1015 Division 3 1016 1017 1018 Division 4 1019 1020 1021 1022 1023 Division 5 Subdivision 1 1024 1025 1026 Subdivision 2 1027 1028 1029 1030 1030A Part 6 Division 1 1031 1032 1033 1034 1035 Payment of rates Person who is liable to pay rate . . . . . . . . . . . . . . . . . . . . . . . . . . Liability to pay rate if change of ownership. . . . . . . . . . . . . . . . . . Continuing responsibility for rates on land that ceases to be rateable land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where rates can be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Time within which rates must be paid . . . . . . . . . . . . . . . . . . . . . Payment by instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overdue rates Meaning of overdue rate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery of overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Overdue rates may bear interest . . . . . . . . . . . . . . . . . . . . . . . . . Discounts and other benefits for prompt payment of rates Discount for prompt payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discount if payment of rates by instalments . . . . . . . . . . . . . . . . . Discount if special circumstances prevent prompt payment. . . . . Discount if other rates are overdue . . . . . . . . . . . . . . . . . . . . . . . Other benefits for prompt payment . . . . . . . . . . . . . . . . . . . . . . . . Changes to land that affect rates General Different period starts on day of change . . . . . . . . . . . . . . . . . . . Basis on which a rate is levied . . . . . . . . . . . . . . . . . . . . . . . . . . . Rate levied for a period in which a change takes effect . . . . . . . . Changes affecting rates Change in unimproved value of land . . . . . . . . . . . . . . . . . . . . . . Land becomes or ceases to be rateable land. . . . . . . . . . . . . . . . Land included in a new rating category . . . . . . . . . . . . . . . . . . . . Entitlement to occupy land is ended. . . . . . . . . . . . . . . . . . . . . . . Land becomes or ceases to be land on which a special rate or charge may be levied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Concessions Concessions for individual land owners Remission, composition and settlement of rates . . . . . . . . . . . . . Deferral of liability to pay rates . . . . . . . . . . . . . . . . . . . . . . . . . . . Resort to remission, composition, settlement or deferral requires justification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remission for occupancy by pensioners . . . . . . . . . . . . . . . . . . . Conditions on exercise of concession powers under div 1 . . . . . . 597 598 598 598 598 599 600 600 600 601 602 603 603 603 603 603 604 604 604 605 605 605 606 607 608 609 609

Division 2 1035A Division 3 1036 Part 7 Division 1 1037 Division 2 1037A 1038 Division 3 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 Division 4 1051 1051A 1052 1052A 1053 Division 5 1054 1055 1056 1057 1057A 1058 43 Local Government Act 1993 Concessions for classes of land owners Local government may grant concessions to classes of land owners ......................................... Limitation on rate increases Limitation of increase in rate levied . . . . . . . . . . . . . . . . . . . . . . . Recovery of rates Extended application of part Application of part to Brisbane City Council . . . . . . . . . . . . . . . . . Registering charges for, and recovery of, overdue rates Registering charge over land . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery by court action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale of land for overdue rates Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government must first give notice . . . . . . . . . . . . . . . . . . . . Starting and ending of sale procedures . . . . . . . . . . . . . . . . . . . . Procedures for sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reserve price at auction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sale by agreement after auction. . . . . . . . . . . . . . . . . . . . . . . . . . Unsold land acquired by local government. . . . . . . . . . . . . . . . . . Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . Sale operates as a discharge. . . . . . . . . . . . . . . . . . . . . . . . . . . . Issue of title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Acquisition by local government of title to land. . . . . . . . . . . . . . . Acquisition by local government of valueless land Purpose of this division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resolution to remove valueless land from land record. . . . . . . . . Local government must first give notice . . . . . . . . . . . . . . . . . . . . Restoration of valueless land to land record . . . . . . . . . . . . . . . . Application to be registered as owner . . . . . . . . . . . . . . . . . . . . . Provisions about dealing with land under this part One instrument of title for conterminous land. . . . . . . . . . . . . . . . Sale of land and title valid despite irregularities . . . . . . . . . . . . . . Restrictions on local government dealing with land . . . . . . . . . . . Priority of State debts preserved . . . . . . . . . . . . . . . . . . . . . . . . . Priority of State preserved—housing Act contracts . . . . . . . . . . . Satisfaction of rates and charges on termination of tenure . . . . . 610 612 613 613 613 614 614 615 615 615 616 617 617 617 618 618 619 619 619 620 620 621 621 622 622 623 623 624

44 Local Government Act 1993 Chapter 15 Part 1 1059 Part 2 1060 Part 3 1061 Part 4 Division 1 1062 1063 1064 1065 1066 1067 1068 1069 Division 2 1070 1071 Division 2A 1071A 1071B 1071C 1071D 1071E Division 3 1072 1076 1077 1078 1079 1080 1081 Provisions aiding local government Extended application of chapter Application of chapter to Brisbane City Council . . . . . . . . . . . . . . Powers under this chapter Powers of entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right to take materials Taking materials from land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Execution of local government Acts Compliance with requirements of local government Acts Owner’s right of entry to comply with notice or order . . . . . . . . . . Order on occupier who refuses entry . . . . . . . . . . . . . . . . . . . . . . Protection of owner against occupier’s obstruction . . . . . . . . . . . Discharge of obligations by occupier on failure of owner . . . . . . . Performing work for owner or occupier. . . . . . . . . . . . . . . . . . . . . Cost of work recoverable as a rate . . . . . . . . . . . . . . . . . . . . . . . . Cost of work a charge over land. . . . . . . . . . . . . . . . . . . . . . . . . . Limitation of time in absence of notice of work done . . . . . . . . . . Entry on land Entry on land for local government purposes. . . . . . . . . . . . . . . . Compensation for loss or damage . . . . . . . . . . . . . . . . . . . . . . . . Regulatory fees Power to fix regulatory fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation may prescribe circumstances in which regulatory fee can include tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements of local law or resolution fixing regulatory fee including tax component. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tax component of prescribed regulatory fees applies only to rateable land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of regulatory fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Obstructing execution of local government Act etc. . . . . . . . . . . . Fines. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indictable and summary offences. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . Limitation on who may summarily hear indictable offence proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on time for starting summary proceedings. . . . . . . . . . Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 624 625 625 627 627 629 629 629 630 631 631 632 633 633 634 634 635 635 635 636 636 637 638 638 638

45 Local Government Act 1993 Part 5 Division 1 1082 1083 Division 2 1084 1085 1086 1087 1088 1089 Division 3 1090 Division 4 1091 1092 1093 Division 5 1094 1095 Division 6 1096 1097 Division 7 1098 1099 1100 1101 Division 7A 1101A Division 8 1102 Division 9 1103 1104 Enforcement of local government Acts Interpretation Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to local government and authorised person . . . . . . . Authorised persons Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on authorised person’s powers . . . . . . . . . . . . . . . . . . Authorised person’s appointment conditions . . . . . . . . . . . . . . . . Authorised person’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . Production of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Infringement notice offences Power to require name and address . . . . . . . . . . . . . . . . . . . . . . Investigations about offences Entry to places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Agreement to entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Evidence of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants Warrants for entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warrants—applications made otherwise than in person . . . . . . . Monitoring authorisations and notices and processing applications Monitoring authorisations and processing applications . . . . . . . . Limitation on entry to residence . . . . . . . . . . . . . . . . . . . . . . . . . . Approved inspection programs Approval of inspection program . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of proposed inspection program . . . . . . . . . . . . . . . . . . . . Access to program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power of entry under approved inspection program. . . . . . . . . . . Monitoring commission water restrictions Power of entry for monitoring commission water restrictions . . . . Powers on entry General powers after entering places . . . . . . . . . . . . . . . . . . . . . Other enforcement matters Authorised person to give notice of damage . . . . . . . . . . . . . . . . Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 639 639 640 640 640 641 641 642 642 643 643 644 645 646 647 648 648 649 650 650 651 652 653 653

46 Local Government Act 1993 Division 11 Subdivision 1 1105A Subdivision 2 1105B 1105C 1105D 1105E 1105F 1105G 1105H 1105I Subdivision 3 1105J 1105K 1105L 1105M 1105N 1105O Subdivision 4 1105P Part 6 1106 1107 1108 1109 1110 1111 1112 Part 7 1113 1114 1115 1116 Consideration of errors or omissions in registers of interests and election disclosure returns Preliminary Definitions for div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigating officers Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigating officer’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Investigating officer’s identity card . . . . . . . . . . . . . . . . . . . . . . . . Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . When investigating officer ceases to hold office. . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Impersonation of an investigating officer . . . . . . . . . . . . . . . . . . . Investigations Making of inquiries for local government . . . . . . . . . . . . . . . . . . . Making of inquiries for department . . . . . . . . . . . . . . . . . . . . . . . . Power to require information or document for local government investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require information or document for department investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Referral to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to information in register . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive officer’s authority under division 11 Chief executive officer not subject to local government . . . . . . . . Legal processes involving local governments Authentication of documents made by local governments . . . . . . Service of documents on local governments . . . . . . . . . . . . . . . . Substituted service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from stating law in the case of substituted service . . . Service on time share owners . . . . . . . . . . . . . . . . . . . . . . . . . . . Acting for local government in legal proceedings . . . . . . . . . . . . . Judges and other office holders not disqualified from adjudicating ................................... Evidentiary matters Constitution and limits of local government need not be proved . Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of proceedings of local government . . . . . . . . . . . . . . . . . . Evidentiary value of land record . . . . . . . . . . . . . . . . . . . . . . . . . . 654 655 655 656 656 657 657 657 657 658 658 658 660 661 661 662 662 662 663 663 663 664 664 665 665 665 665

47 Local Government Act 1993 1117 1118 1119 1120 1121 Part 8 1122 1123 1124 1125 1126 Chapter 16 Part 1 1127 1128 Part 2 1129 1130 Part 3 1131 1132 1133 1134 1135 1136 1137 Part 3A Division 1 1137A 1137B 1137C 1137D Division 2 1137E Division 3 1137F Evidentiary value of copies and certificates . . . . . . . . . . . . . . . . . Proof of matters about roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of directions given to local government. . . . . . . . . . . . . . . . Proof of orders for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proof of complainant’s knowledge of matter. . . . . . . . . . . . . . . . . General administrative matters Ownership of things in local government’s control . . . . . . . . . . . . Insurance against liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of time share scheme to local government . . . . . . . . . . . . Changes affecting time share schemes . . . . . . . . . . . . . . . . . . . . Land registry searches free of charge . . . . . . . . . . . . . . . . . . . . . Local government staff Corporate structure and staff resources Corporate structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resources for staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employment of staff and personnel practices Employment of staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Personnel practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive officer and other employees Role of chief executive officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . Selection of chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requests to employees for help or advice . . . . . . . . . . . . . . . . . . Role of other local government employees . . . . . . . . . . . . . . . . . Concurrent employment of local government employees. . . . . . . Equal opportunity of employment Purpose of part and related matters Purpose and role of EEO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How purpose is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . Merit principle reinforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from compliance with this part . . . . . . . . . . . . . . . . . . Development of equal employment opportunity management plan Local government to develop EEO management plan . . . . . . . . . Implementation of plan Local government to give effect to EEO management plan 666 666 667 667 667 667 668 668 669 669 670 670 670 671 671 672 673 673 673 674 674 675 675 676 676 677 677

1137G Division 4 1137H 1137I 1137J Division 5 1137K 1137L 1137M 1137N Division 6 1137O Part 4 1138 1139 1140 1141 1142 1143 1144 Part 5 1145 1146 1147 1148 1149 1150 Part 6 1151 1152 1153 1154 1155 1156 48 Local Government Act 1993 Employment powers to be exercised having regard to EEO management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision by chief executive Chief executive may take action if dissatisfied with EEO management ............................... Local government to comply with recommendation unless chief executive notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive’s power if local government does not act or give satisfactory reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision by QCAT QCAT’s powers for an investigation . . . . . . . . . . . . . . . . . . . . . . . End of reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recommendation may be to amend EEO management plan . . . Local government to comply with recommendation . . . . . . . . . . . Tabling of reports and review of division Minister may table report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Obligations of local government employees Integrity of local government employees . . . . . . . . . . . . . . . . . . . Registers of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Access to register of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . Queries on content of register . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of employee’s interest in particular issues . . . . . . . . . Improper conduct by local government employees . . . . . . . . . . . Indemnity for local government employees . . . . . . . . . . . . . . . . . Disciplinary action Limitations on who may take disciplinary action. . . . . . . . . . . . . . When disciplinary action may be taken . . . . . . . . . . . . . . . . . . . . Types of disciplinary action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deductions from salary or wages . . . . . . . . . . . . . . . . . . . . . . . . . Suspension of employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employee to be given notice of grounds for disciplinary action . . Appeals about disciplinary action Appeal against disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . Formation of appeal tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secretary of appeal tribunals . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expenses of tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grounds of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions open to appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . 677 678 678 678 679 679 680 680 680 680 681 682 683 684 684 685 685 685 686 686 687 687 688 688 688 689 689 689

49 Local Government Act 1993 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 Chapter 17 Part 1 1170 1171 Part 2 Division 1 1172 1173 1174 1175 Division 2 1176 1177 1178 Division 3 1179 Part 3 Division 1 1180 1181 Division 2 1182 1183 1184 Duties of appeal tribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal tribunal may decide procedures . . . . . . . . . . . . . . . . . . . . Preliminary hearing of appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . Appeal tribunal’s powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Prosecution of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of witness at appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leave for attending an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . Contempt of appeal tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Change of person forming appeal tribunal . . . . . . . . . . . . . . . . . . Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recovery on orders of appeal tribunal . . . . . . . . . . . . . . . . . . . . . Superannuation Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of permanent employee . . . . . . . . . . . . . . . . . . . . . . . . . Queensland Local Government Superannuation Board Establishment, functions and powers of board Establishment of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Legal status of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Board of directors Board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Role of the board of directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . Composition of board of directors . . . . . . . . . . . . . . . . . . . . . . . . General Delegation of board’s powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Superannuation Scheme Continuation and membership of scheme Scheme continued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of LG Super scheme . . . . . . . . . . . . . . . . . . . . . . . . Contributions for permanent employees Local governments’ liability for permanent employees . . . . . . . . . Permanent employees’ liability for contributions. . . . . . . . . . . . . . Additional contributions to LG Super scheme . . . . . . . . . . . . . . . 690 690 691 691 691 692 692 693 693 693 694 694 694 695 697 698 698 699 699 699 700 700 700 701 701 703 703 704

50 Local Government Act 1993 1185 1186 Division 3 1187 Division 4 1188 Part 4 1189 1190 1191 1192 1193 1193AA Chapter 18 Part 1 1194 1195 1196 1197 1198 1199 Part 2 1200 1201 1202 1203 1204 1205 1205A Chapter 19 Part 1 Division 1 1206 1207 1208 Contributions may be deducted from employees’ salaries . . . . . . Adjustment of contributions because of change in salary . . . . . . Contributions for non-contributory members Local governments’ liability for non-contributory members . . . . . General Interest payable on outstanding contributions . . . . . . . . . . . . . . . Miscellaneous Prohibition on local governments establishing certain superannuation schemes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Management of other superannuation schemes . . . . . . . . . . . . . Relevant persons superannuation schemes . . . . . . . . . . . . . . . . Auditor-general’s role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of chapter to board’s employees . . . . . . . . . . . . . . . . Provision for local government employees transferred to new water entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Local Government Association Establishment of corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Litigation of common interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . When payments by local governments are payable . . . . . . . . . . . Accounts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual balance and audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation by chief executive of department . . . . . . . . . . . . . . . . Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of existing electoral wards of City of Brisbane. . . . . . Application of Judicial Review Act . . . . . . . . . . . . . . . . . . . . . . . . Application of certain provisions. . . . . . . . . . . . . . . . . . . . . . . . . . Transitional, validation and savings provisions, repeals and amendments Transitional, validation and savings provisions Preliminary Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . References to commencement day . . . . . . . . . . . . . . . . . . . . . . . References to local authority etc. . . . . . . . . . . . . . . . . . . . . . . . . . 704 704 705 705 706 706 706 706 706 707 708 708 709 709 709 709 710 710 710 710 711 711 712 712 713 713

Division 2 1209 1210 Part 4 1242 Part 5 1243 1244 Part 6 Division 1 1245 Division 2 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 51 Local Government Act 1993 Financial operation and accountability Administration of sinking fund for liquidation of current borrowings ..................................... Trustees are statutory bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation provision for Local Government and Other Legislation Amendment Act 1999 Validation for particular rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation provision for Local Government and Other Legislation Amendment Act 2000 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Validation for particular utility charges . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Local Government and Other Legislation Amendment Act 2001 Preliminary Interpretation for pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Townsville-Thuringowa Water Supply Joint Board Former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exemption from State tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rights and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Existing entitlement to take water. . . . . . . . . . . . . . . . . . . . . . . . . Existing contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contracts and tendering—application of ch 6, pt 3 . . . . . . . . . . . Guarantees, undertakings and securities. . . . . . . . . . . . . . . . . . . Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discontinuance or lessening of supply of water . . . . . . . . . . . . . . Former board’s manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation options for continuing employees. . . . . . . . . . . . Transfer of property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . Corporate and operational plans . . . . . . . . . . . . . . . . . . . . . . . . . Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Remuneration of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointment of other members . . . . . . . . . . . . . . . . . . . . . . . . . . References to former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 715 715 716 716 716 717 718 718 718 719 719 719 719 720 720 720 721 722 722 723 724 724 724 724 725 725 725

Division 3 1268 Part 7 1269 1270 Part 8 1271 Part 9 1272 Part 10 1272A Part 11 1273 Part 12 1274 1275 Part 13 1276 Part 14 Division 1 1277 1278 Division 2 1279 1280 1281 1282 52 Local Government Act 1993 Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for State Housing and Other Acts Amendment Act 2002 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . Sale of land for overdue rates . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Local Government Legislation Amendment Act 2003 Continuation of general charges and former register of general charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Validation provision for Local Government and Other Legislation Amendment Act 2003 Validation for particular resolutions limiting increase in rate levied ........................................ Transitional provision for Integrated Planning and Other Legislation Amendment Act 2003 Continuation of former fees fixed by local laws or resolutions . . . Transitional provision for Housing and Other Acts Amendment Act 2005 Validation of levying of rates for certain lands . . . . . . . . . . . . . . . Transitional provisions for Local Government Reform Act 2007 Review of anti-competitive provisions of local laws and subordinate local laws made in 2007 . . . . . . . . . . . . . . . . . . . . . . Public office for new local government . . . . . . . . . . . . . . . . . . . . . Transitional provision for Local Government Amendment Act 2007 No prosecution for offence under repealed s 159ZY . . . . . . . . . . Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 Preliminary Application of ch 3, pt 1B definitions . . . . . . . . . . . . . . . . . . . . . . Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Torres Strait Island Regional Council Amounts loaned to individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . Delayed application of ch 7 to TSIRC. . . . . . . . . . . . . . . . . . . . . . TSIRC becomes trustee for deeds of grant in trust for particular Island council areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local laws and subordinate local laws for local government area of TSIRC. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 726 726 726 727 728 729 729 730 730 731 732 732 732 733 734 735

53 Local Government Act 1993 1283 Division 3 1284 1285 1286 1287 1288 1289 Division 4 1290 Division 5 1291 Division 6 1292 1293 Part 15 1294 1295 1296 1297 1298 Part 16 1299 Schedule 1 1 2 3 4 5 6 Schedule 1A Continued application of rates and other charges . . . . . . . . . . . . Northern Peninsula Area Regional Council Amounts loaned to individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . Delayed application of ch 7 to NPARC . . . . . . . . . . . . . . . . . . . . . NPARC becomes trustee for deeds of grant in trust for particular Island council and community government areas . . . . . . . . . . . . Local laws and subordinate local laws for local government area of NPARC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continued application of rates and other charges under repealed Torres Strait Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continued application of charges under Community Government Areas Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Indigenous regional councils generally Delayed application of ch 6, pts 3 and 5. . . . . . . . . . . . . . . . . . . . Remuneration schedule Remuneration for 2008. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Transitional provision for repeal of ch 2A . . . . . . . . . . . . . . . . . . . Special provisions for liquor licences and permits . . . . . . . . . . . . Transitional provisions for Local Government and Industrial Relations Amendment Act 2008 Effect of change of legal status on existing local governments and joint local governments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contractual rights etc. are unaffected. . . . . . . . . . . . . . . . . . . . . . Chief executive to make transitional expenses reimbursement policy .......................................... New local government may defer review of business activities and public benefit assessments . . . . . . . . . . . . . . . . . . . . . . . . . . Constitution of new local government from changeover day to conclusion of 2008 quadrennial election . . . . . . . . . . . . . . . . . . . Transitional provision for Sustainable Planning Act 2009 Application of former s 854. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ethics principles for local government councillors . . . . . . . . Integrity of local government . . . . . . . . . . . . . . . . . . . . . . . . . . . . Primacy of the public interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . Independence of action by councillors . . . . . . . . . . . . . . . . . . . . . Appropriate use of information by councillors . . . . . . . . . . . . . . . Transparency and scrutiny . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appropriate use of entitlements . . . . . . . . . . . . . . . . . . . . . . . . . . Local government reform implementation . . . . . . . . . . . . . . . 735 736 737 738 739 740 741 741 742 742 743 744 745 746 747 747 747 749 749 749 749 749 749 750 751

54 Local Government Act 1993 Schedule 1B Schedule 1C Schedule 2 Composition of new local transition committees for particular new local governments . . . . . . . . . . . . . . . . . . . . . . Composition of transferring area local transition committees .................................. Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 756 757 759 Endnotes 1 2 3 4 5 6 7 8 9 10 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of forms notified or published in the gazette . . . . . . . . . . . . . . . . Schedule of renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about retrospectivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 781 781 782 782 785 785 797 916 920 987

s 1 55 s 2 Local Government Act 1993 Local Government Act 1993 [as amended by all amendments that commenced on or before 1 July 2010 immediately before repeal] An Act to provide for local government, and for related purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Local Government Act 1993 . Part 2 Objects 2 Objects of this Act The objects of this Act include— (a) providing a legal framework for an effective, efficient and accountable system of local government; and (b) recognising a jurisdiction of local government sufficient to allow a local government to take autonomous responsibility for the good rule and government of its area with a minimum of intervention by the State; and (c) providing for community participation in the local government system; and

s 3 56 s 4 Local Government Act 1993 (d) defining the role of participants in the local government system; and (e) establishing an independent process for ongoing review of certain important local government issues. Part 3 Interpretation 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Meaning of owner of land (1) An owner of land is— (a) a registered proprietor of freehold land; or (b) a purchaser of land to be held as freehold land that is being purchased from the State under an Act; or (ba) a purchaser of land under a housing Act contract; or (bb) a person who has a share in land that the person bought under a housing Act contract; or (c) a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or (d) a holder of— (i) a mining claim or lease; or (ii) land mentioned in the Mineral Resources Act 1989 , schedule, definition owner ; or (e) a lessee under any of the following Acts— • Petroleum Act 1923 • Petroleum and Gas (Production and Safety) Act 2004 • Greenhouse Gas Storage Act 2009 ; or

s 6 57 s 6 Local Government Act 1993 (f) a lessee of land held from a government entity or local government; or (g) the holder of— (i) an occupation permit under an Act, a stock grazing permit under an Act or a permit prescribed by regulation; or (ii) a permit to occupy under the Land Act 1994 ; or (iii) a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act 1959 ; or (h) a licensee under the Land Act 1994 ; or (i) for land on which there is a structure subject to a time share scheme—the person notified to the local government concerned as the person responsible for the administration of the scheme as between participants in the scheme; or (j) another person who— (i) is entitled to receive the rent for the land; or (ii) would be entitled to receive the rent for the land if it were leased at a rack-rent. 1 (2) However, an owner does not include the State or a government entity except so far as it is liable under an Act to pay a rate. 6 Meaning of material personal interest (1) A person has a material personal interest in an issue if the person has, or should reasonably have, a realistic expectation that, whether directly or indirectly, the person or an associate stands to gain a benefit or suffer a loss, including a benefit or loss as a director of a significant business entity under chapter 8, part 7 that is, or is to become, an LGOC, depending on the issue’s outcome. 1 Rack-rent of land is a rent for the land that is the highest possible rent for the land. It implies that the land is leased commercially.

s 6 58 s 6 Local Government Act 1993 (2) An associate is any of the following persons— (a) a spouse or other member of the person’s household; (b) an entity (other than a government entity) of which the person or the person’s nominee is a member; (c) a partner of the person; (d) an employer (other than a government entity) of the person; (e) a person prescribed by regulation. (3) However, a person does not have a material personal interest in an issue— (a) if the issue is about— (i) the remuneration of councillors or members of a local government committee or directors of significant business entities that are, or are to become, LGOCs; or (ii) salary, wages or other remuneration of local government employees; or (iii) the terms on which goods, services or facilities are to be offered by the local government for use or enjoyment of the public in its area; or (iv) the making or levying of a rate, or the fixing of a regulatory fee, by the local government; or (v) a planning scheme of general application in the local government’s area; or (vi) provision of superannuation entitlements or accident insurance for councillors or employees of the local government; or (b) if the interest is merely— (i) as an elector, ratepayer or resident of the local government’s area; or (ii) as a user of goods, services or facilities supplied, or to be supplied, by the local government (whether under a contract or otherwise) as a member of the public in common with other members of the public; or

s 8 59 s 8 Local Government Act 1993 (iii) as a member of a non-profit, charitable or religious organisation involving no personal gain or loss to the person; or (iv) as a member of another entity in which the member does not have personal financial interest; or (c) merely because the person— (i) is an employee of the State or a government entity; or (ii) is a candidate for election or appointment as mayor or deputy mayor of the local government or chairperson, deputy chairperson, member or delegate member of any of its committees or a director of a significant business entity that is, or is to become, an LGOC or the shareholder’s delegate for an LGOC; or (iii) may become entitled to benefits under a policy of accident insurance, public liability or professional indemnity insurance held, or to be held, by the local government. (4) This section does not apply to section 689. 8 Documents open to inspection not to contain information about protected persons (1) This section applies to a document that— (a) is, under this Act, open to inspection; and (b) is, or is based on, a document given to the local government by the chief executive (valuations); and (c) would, apart from this section, include the name and postal address of a protected person. (2) If the chief executive (valuations) gives notice to the local government under the Valuation of Land Act 1944 , section 73A, 2 about a protected person, the local government must not include the name and postal address of the protected person in the document when the document is open to inspection. (3) In this section—

s 9 60 s 9 Local Government Act 1993 chief executive (valuations) means the chief executive of the department in which the Valuation of Land Act 1944 is administered. protected person means a person for whose benefit the chief executive (valuations) has made a direction under the Valuation of Land Act 1944 , section 75B(2), that continues to have effect. Part 4 Application of Act to Brisbane City Council 9 Act applies only so far as expressly provided (1) This Act applies to the Brisbane City Council only so far as is expressly provided by this or another Act. (2) The provisions of this Act that apply to Brisbane City Council include the following— • chapter 2, part 1, divisions 2 and 3 and parts 2 and 3 • chapter 3, parts 1 and 3 2 Valuation of Land Act 1944 , section 73A— 73A Local governments to be given notice about protected persons (1) If a valuation roll or part of a valuation roll is, under section 73, given to a local government, the chief executive must, at the time the roll or part is given to the local government, give notice to the local government about the suppression directions for the benefit of protected persons whose names and addresses appear in the roll or part. (2) If a valuation roll or part of a valuation roll has, under section 73, been given to a local government and a person, whose name and address appears in the roll or part, becomes a protected person, the chief executive must give notice to the local government about the suppression direction for the benefit of the protected person, no later than 7 days after the date of the direction. (3) If matters stated in a suppression direction change (including, for example, the land stated in the direction), the chief executive must give notice to a local government that has previously been given notice about the direction. (4) A notice under this section must be in the approved form.

s 10 61 s 10 Local Government Act 1993 • chapter 4, part 1, part 3, division 2 and parts 3A and 4 • chapter 5, part 5 • sections 298 to 300, 302 and 314 • chapter 5, parts 8 and 9 • chapter 6, parts 4 and 5 • chapters 8 to 13 • chapter 14, part 1, division 2 and part 7 • chapter 15, other than sections 1114 and 1115 • section 1205 • chapter 19, part 1, division 4, part 5, part 7 and part 8, section 1271(3) and (4). (3) If the Brisbane City Council is or is to become a component local government in a joint local government, this Act applies to the Brisbane City Council as a component local government as if it were a local government established under this Act. 10 How local government Acts apply to Brisbane City Council If a provision of a local government Act (other than the City of Brisbane Act 1924 ) applies to the Brisbane City Council— (a) a reference in the provision— (i) to a local government area includes a reference to the City of Brisbane; and (ii) to a local government includes a reference to the Brisbane City Council; and (iii) to a division of a local government area includes a reference to a ward of the City of Brisbane; and (iv) to the chief executive officer of a local government includes a reference to the town clerk of the Brisbane City Council; and (v) to the operating fund of a local government includes a reference to the City Fund; and

s 11 62 s 11 Local Government Act 1993 (vi) to a local government Act includes the City of Brisbane Act 1924 ; and (vii) to a 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 quadrennial election includes a quadrennial 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; and (xii) to a local government’s annual report includes a reference to an annual report of the Brisbane City Council; and (xiii) to a utility charge includes a reference to a utility charge under the City of Brisbane Act 1924 ; and (xiv) to a local government’s land record includes a reference to a record of rateable land kept by the Brisbane City Council; and (b) the provision applies with all necessary changes and any changes prescribed by regulation. Part 5 Application of Act to joint local governments 11 Act applies except so far as application displaced (1) This Act applies to a joint local government except so far as its application is displaced by a contrary intention.

s 12 63 s 12 Local Government Act 1993 (2) The provisions of this Act that apply only to a joint local government include the following— • chapter 2, part 2 • section 166 • chapter 4, part 5 • chapter 7, part 10 • section 1137(3). (3) Other provisions that affect the application of this Act to a joint local government include the following— • section 62, definition local government • section 64(7) to (9). 12 How Act applies to joint local governments (1) A reference in this Act— (a) to a local government area includes a reference to a joint local government area; and (b) to a local government includes a reference to a joint local government; and (c) to the mayor of a local government includes a reference to the president of a joint local government; and (d) to the deputy mayor of a local government includes a reference to the deputy president of a joint local government; and (e) to a councillor of a local government includes a reference to a member of a joint local government; and (f) to the chief executive officer of a local government includes a reference to the chief executive officer of a joint local government. (2) This Act applies to a joint local government with all necessary changes and any changes prescribed by regulation.

s 15 64 s 18 Local Government Act 1993 Chapter 2 The local government system Part 1 Local governments Division 1 Local government areas 15 Areas The local government area is the fundamental geographical basis of Queensland’s local government system. 16 Declaration of local government areas (1) A regulation may declare a part of the State to be a local government area. (2) The regulations may not declare more than 1 local government area for a part of the State. 17 Local government required for each local government area There must be a local government for each local government area. 18 Declaration of classes of local government areas (1) A regulation may declare the class of a local government area. 3 (2) The class of a local government area may be 1 of the following— • region • city 3 This is a reviewable local government matter and requires a report and recommendation by the commissioner before implementation.

s 19 65 s 21 Local Government Act 1993 • town • shire • another class prescribed under a regulation. (3) A local government area may be declared to be a region, city or town, or another class prescribed under a regulation, only if it satisfies the criteria prescribed by regulation. (4) A provision of this Act that makes a reference generally to the 4 classes of region, city, town or shire is taken also to include a similar reference to any other class prescribed under a regulation under subsection (2). Division 2 Roles of local governments 19 Application to Brisbane City Council This division applies to the Brisbane City Council. 20 Roles of local government In exercising its jurisdiction of local government, a local government has— (a) a law-making role for local laws; and (b) an executive role for— (i) adoption and implementation of policy; and (ii) administration of local government; and (iii) enforcement of its local laws. Division 3 Jurisdiction of local governments 21 Application to Brisbane City Council This division applies to the Brisbane City Council.

s 22 66 s 26 Local Government Act 1993 22 Exercise of jurisdiction for its local government area—the basic territorial unit (1) A local government may exercise the jurisdiction of local government for all parts of its local government area. (2) Its local government area is its basic territorial unit . 23 Exercise of jurisdiction outside its local government area—the additional territorial units A local government also may exercise the jurisdiction of local government for any place (an additional territorial unit ) outside its basic territorial unit that is put under its control or acquired by it. 24 Territorial unit of local government The territorial unit of a local government consists of its basic territorial unit and any additional territorial units. 25 Jurisdiction of local government Each local government has jurisdiction (the jurisdiction of local government ) to make local laws for, and otherwise ensure, the good rule and government of, its territorial unit. 26 Law-making matters included in jurisdiction of local government (1) A local government’s jurisdiction of local government includes jurisdiction to make local laws with respect to any matter— (a) required or permitted to be prescribed under this or another Act; or (b) necessary or convenient to be prescribed or exercised for carrying out or giving effect to its local laws. (2) To avoid any doubt, a local law may be made— (a) making it an offence to contravene a local law; and

s 27 67 s 30 Local Government Act 1993 (b) fixing a penalty for an offence against a local law (including different penalties for successive offences against a local law) of not more than 850 penalty units. 27 Limitation on exercise of jurisdiction for basic territorial unit A local government may not exercise the jurisdiction of local government for a part of its basic territorial unit to the extent to which another local government may exercise the jurisdiction of local government for the part. 28 Limitation on exercise of jurisdiction for additional territorial units A local government may exercise the jurisdiction of local government for an additional territorial unit only for the purpose for which the place was put under its control or acquired by it. 29 Local laws and policies apply to additional territorial units only if expressly applied A local government’s local law or subordinate local law applies to an additional territorial unit of the local government only if the local law or subordinate local law expressly states that it applies to the additional territorial unit. 30 General limitations on exercise of jurisdiction (1) A local government has no jurisdiction to make a local law— (a) that the Parliament could not validly make; or (b) purporting to exclude or limit the future repeal or amendment of the law. (2) A local government also has no jurisdiction to do anything else that the State can not do.

s 31 68 s 34 Local Government Act 1993 31 Inconsistency with State law If a State law and a local law (whether made before or after the State law) are inconsistent, the State law prevails over the local law to the extent of the inconsistency. Division 4 Number of councillors 32 Number of councillors (1) The number of councillors for a local government is the number prescribed for the local government under a regulation. Note — This is a reviewable local government matter and requires a report and recommendation by the commissioner before implementation. (2) However if no number is prescribed under a regulation, the number is 5. Division 5 Names, legal status and general powers of local governments 33 Local government name A local government may be called either— (a) ‘Council of the … ( insert Region/City/Town/Shire) of … ( insert name of local government area)’; or (b) ‘… ( insert name of local government area) … ( insert Regional/City/Town/Shire) Council’. 34 Constitution (1) A local government is constituted by the councillors for the time being of the local government. (2) However, subject to section 178(3), if at any time there are no councillors of a local government, the local government is constituted by the local government’s chief executive officer.

s 35 69 s 36 Local Government Act 1993 Note — If dissolved, a local government is constituted by an administrator appointed under section 178. (3) A local government is not a corporation. 35 Proceedings (1) A proceeding by a local government must be started in the name of the local government. (2) A proceeding against a local government must be started against the local government in its name. 36 General powers (1) A local government has, in the exercise of its jurisdiction, all the powers of an individual. (2) A local government may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be fixed; and (d) do other things necessary or convenient to be done in the exercise of its jurisdiction. (3) A local government also has the powers given to it under this or another Act. (4) A local government may exercise its powers inside and outside its territorial unit. (5) A local government may exercise its powers outside the State and outside Australia. (6) A local government may exercise its powers in its own name.

s 37 70 s 38 Local Government Act 1993 Division 6 Other provisions about local governments 37 Site of public office (1) A local government must keep premises for use as its public office. (2) The public office must be in the local government’s area or within a reasonable distance outside its area. 38 Execution of documents by local governments (1) A local government may execute a document in any of the following ways— (a) if the local government is constituted by its councillors— (i) by the mayor of the local government signing the document on behalf of the local government; or (ii) by an authorised councillor of the local government signing the document on behalf of the local government; (b) if the local government is constituted by its chief executive officer under section 34(2)—by the chief executive officer signing the document on behalf of the local government; (c) if the local government is constituted by an administrator of the local government appointed under section 178—by the administrator signing the document on behalf of the local government; (d) if a way is prescribed under a regulation—in the way prescribed. (2) Subsection (1) does not limit section 472 or 483. Notes — 1 A local government may, by resolution, delegate its powers, including powers under section 36, to particular persons under section 472.

s 38A 71 Local Government Act 1993 s 38A 2 A local government’s delegate may make, vary or discharge a contract for the local government in particular circumstances under section 483. (3) In this section— authorised councillor , of a local government, means a councillor of the local government who is authorised in writing by the mayor of the local government to execute documents on behalf of the local government. 38A Liability does not attach to councillors etc. acting honestly (1) No matter or thing done honestly by— (a) a local government; or (b) any councillor in constituting the local government; in the administration of this Act or in the performance or exercise, or intended performance or exercise, of any of the local government’s functions or powers under an Act subjects any councillor of the local government to any liability in relation to the matter or thing. (2) No matter or thing done honestly by— (a) the chief executive officer of a local government in constituting the local government; or (b) the administrator of a local government in constituting the local government; in the administration of this Act or in the performance or exercise, or intended performance or exercise, of the local government’s functions or powers under an Act subjects the chief executive officer or administrator to any liability in relation to the matter or thing. (3) The protection given to a councillor, chief executive officer or administrator under this section is in addition to any other protection available to the councillor, chief executive officer or administrator under an Act or law.

s 39 72 s 43 Local Government Act 1993 Part 2 Joint local governments Division 1 Extended application of part 39 Application of part to Brisbane City Council This part applies to the Brisbane City Council. Division 2 Consultation 41 Consultation before exercise of powers under part Before the Governor in Council exercises a power under this part, the Minister must consult with the local governments that would be affected by the exercise of the power and take any views expressed by them into account. Division 3 Joint local government areas 42 Declaration of joint local government areas A regulation may declare a part of the State consisting of the whole or parts of 2 or more local government areas to be a joint local government area. Division 4 Establishment and operation of joint local governments 43 Establishment (1) A regulation may establish a joint local government for a joint local government area. (2) A regulation may establish 2 or more joint local governments for a joint local government area, or part of a joint local government area, if the joint local governments have different jurisdictions.

s 44 73 s 46 Local Government Act 1993 44 Regulations about establishment and operation of joint local governments A regulation may, for a joint local government (the joint body )— (a) specify its name; and (b) provide for the election or appointment of a president and deputy president of the joint body; and (c) fix the time and place for holding the first meeting of the joint body; and (d) specify the proportion of the cost of the operations of the joint body that must be contributed by each of its component local governments; and (e) specify that the first budget of the joint body be for a specified part of a financial year; and (f) provide for its initial local laws; and (g) provide for any other matter for which— (i) it is necessary or convenient to provide for its establishment or operation; and (ii) this Act does not make provision or adequate provision. Division 5 Jurisdiction of joint local governments 45 Jurisdiction generally A joint local government has the jurisdiction of local government that it is given by regulation. 46 Jurisdiction exclusive (1) A component local government may not exercise the jurisdiction of local government within its joint local government’s area about a matter within the joint local government’s jurisdiction.

s 47 74 s 49 Local Government Act 1993 (2) However, the component local government may exercise jurisdiction as a delegate of the joint local government. (3) The component local government also may make and levy a rate on land for a matter within its jurisdiction, even though— (a) the land is within the joint local government’s area; and (b) the purpose relates to a matter within the joint local government’s jurisdiction. Division 6 Membership of joint local governments 47 Members A joint local government consists of representatives of the local governments that are its component local governments. 48 Number of representatives etc. (1) A regulation may specify the number of representatives to which each component local government is entitled, either in its own right or as a member of a group of local governments, on its joint local government. (2) A regulation also may specify that a particular councillor of a component local government must be a member of the joint local government. Division 7 Legal status and general powers of joint local governments 49 Constitution (1) A joint local government is constituted by its members. (2) However, subsection (3) applies if, at any time, a local government that is a component local government of a joint local government is constituted by the chief executive officer of the local government or an administrator of the local government appointed under section 178.

s 49A 75 Local Government Act 1993 s 50 (3) For section 47, the representative of the local government is— (a) if the chief executive officer constitutes the local government—the chief executive officer; or (b) if the administrator constitutes the local government—the administrator. (4) A joint local government is not a corporation. 49A Proceedings (1) A proceeding by a joint local government must be started in the name of the joint local government. (2) A proceeding against a joint local government must be started against the joint local government in its name. 50 General powers (1) A joint local government has, in the exercise of its jurisdiction, all the powers of an individual. (2) A joint local government may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) charge for services and facilities it supplies, other than a service or facility for which a regulatory fee may be fixed; and (d) do other things necessary or convenient to be done in the exercise of its jurisdiction. (3) A joint local government also has the powers given to it under this or another Act. (4) A joint local government may exercise its powers inside and outside its territorial unit. (5) A joint local government may exercise its powers outside the State and outside Australia. (6) A joint local government may exercise its powers in its own name.

s 51 76 s 53 Local Government Act 1993 51 Restriction on power to make or levy rate A joint local government can not make or levy a rate on land. 52 Delegation to component local governments (1) A joint local government may delegate its powers about a component local government’s area to the component local government. (2) Subsection (1) does not limit by implication the persons to whom the joint local government may make a delegation. Division 8 Other provisions about joint local governments 53 Execution of documents by joint local governments (1) A joint local government may execute a document in any of the following ways— (a) if the joint local government is constituted by its members— (i) by the president of the joint local government signing the document on behalf of the joint local government; or (ii) by an authorised member of the joint local government signing the document on behalf of the joint local government; (b) if a way is prescribed under a regulation—in the way prescribed. (2) Subsection (1) does not limit section 472 or 483. Notes — 1 A joint local government may, by resolution, delegate its powers, including powers under section 50, to particular persons under section 472 as applied by section 12(1)(b). 2 A joint local government’s delegate may make, vary or discharge a contract for the joint local government in particular circumstances under section 483 as applied by section 12(1)(b). (3) In this section—

s 53A 77 Local Government Act 1993 s 54 authorised member , of a joint local government, means a member of the joint local government who is authorised in writing by the president of the joint local government to execute documents on behalf of the joint local government. 53A Liability does not attach to members acting honestly (1) No matter or thing done honestly by— (a) a joint local government; or (b) any member of the joint local government in constituting the joint local government; in the administration of this Act or in the performance or exercise, or intended performance or exercise, of any of the joint local government’s functions or powers under an Act subjects any member of the joint local government to any liability in relation to the matter or thing. (2) The protection given to a member under this section is in addition to any other protection available to the member under an Act or law. 54 Adjustments between joint local government and component local governments A regulation may make provision with respect to— (a) transferring assets and liabilities— (i) to a joint local government—from its component local governments; or (ii) from a joint local government to a local government that has ceased to be a component local government of it; and (b) deciding, adjusting or settling anything in dispute between— (i) a joint local government and any of its component local governments; or (ii) a joint local government and a local government that has ceased to be a component local government of it.

s 55 78 s 59 Local Government Act 1993 Part 3 Joint action by local governments Division 1 Extended application of part 55 Application of part to Brisbane City Council This part applies to the Brisbane City Council. Division 2 Joint action 57 Joint responsibility for boundary works (1) The cost of planning, constructing, maintaining and managing a bridge, road or other work that is to be, or is, built along the boundary between 2 or more local government areas, and partly in each of the areas, is the joint responsibility of the local governments of the areas. (2) The local governments must enter into the arrangements, and make the contracts, that are necessary for the proper performance of the responsibility. 58 Extension of operations outside local government area A local government may, under arrangements entered into by it with another local government, extend the operation of a facility, service or activity supplied or undertaken by it into the other local government’s area. 59 Cooperation between local governments (1) Local governments may enter into arrangements, and make contracts, between themselves for exercising the jurisdiction of local government in their areas. (2) The local governments may establish joint standing committees to exercise the jurisdiction of local government for matters to which the arrangement or contract relates.

s 60 79 s 61 Local Government Act 1993 (3) A joint standing committee must consist of councillors from the local governments. (4) This section does not limit by implication the powers of a local government. 60 Interstate cooperation (1) If a local government’s area borders another State or a Territory, the local government may— (a) enter into arrangements, and make contracts, with a person (the responsible person ) responsible for any jurisdiction of local government in an adjoining part of the other State or the Territory; or (b) acquire and hold land in the adjoining part and construct any facility on the land; or (c) contribute to the cost of the responsible person exercising its jurisdiction of local government. (2) The local government that holds property in another State or a Territory for any purpose under subsection (1) may dispose of the property when it is no longer required for the purpose. (3) This section does not limit by implication the powers of a local government. Chapter 3 Interaction with the State Part 1 Reviewable local government matters Division 1 Preliminary 61 Application of part to Brisbane City Council This part applies to the Brisbane City Council.

s 62 80 s 64 Local Government Act 1993 62 Definitions for pt 1 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. 63 Meaning of owner of land for pt 1 (1) In this part, an owner of land 4 includes— (a) the State—if the land— (i) is to be held as freehold land and is being purchased from the State under an Act; or (ii) is held under a lease from the State, other than a lease granted under the Land Act 1994 ; or (iii) is held under an occupation permit under an Act, a stock grazing permit under an Act or a permit prescribed under a regulation, other than a permit issued under the Land Act 1994 ; or (iv) is held under a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act 1959 ; 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. 64 Meaning of reviewable local government matter (1) The following are reviewable local government matters — 4 This section extends the meaning of owner of land for this part—see schedule 2, definition owner and section 4 (Meaning of owner of land).

s 64 81 s 64 Local Government Act 1993 (a) creating a new local government area, including, for example, creating a new local government area from— (i) 2 or more local government areas that are abolished; or (ii) a local government area that is abolished and a part of another local government area; or (iii) a part of a local government area that is excluded from the local government area; or (iv) a part of the State that is not part of a local government area; (b) naming a new local government area; (c) 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; (d) changing the name of a local government area; (e) including in a local government area a part of the State that is not part of a local government area; (f) abolishing a local government area and merging the local government area with another local government area; (g) dividing, redividing and abolishing divisions of a local government area; (h) changing the boundaries of divisions of a local government area by— (i) excluding part of a division and including the part in another division of the local government area; or (ii) creating a new division of the local government area; (i) assigning and reassigning councillors of a local government to divisions of its area; (j) deciding and changing the class of a local government area; (k) deciding and changing the composition of a local government;

s 64 82 s 64 Local Government Act 1993 (l) anything else relating to local government declared by regulation to be a reviewable local government matter. (2) However, for subsection (1)(d), (i), (j) or (k)— (a) Brisbane City Council is not a local government; and (b) the City of Brisbane is not a local government area. (3) 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. (4) 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. (5) A reviewable local government matter includes— (a) any aspect of a matter mentioned in subsection (1); and (b) a particular proposal about a matter, or an aspect of a matter, mentioned in subsection (1). (6) Without limiting subsection (5), naming the electoral wards of the City of Brisbane is an aspect of the matters mentioned in subsection (1)(g) and (h). (7) A reviewable local government matter does not include a matter relating to— (a) the creation, naming, abolition or area of a joint local government; or (b) the composition of a joint local government. (8) A matter (the relevant matter ) relating to a local government area, the whole or part of which is in a joint local government’s area, may be a reviewable local government matter although its implementation would, apart from subsection (9), affect a matter mentioned in subsection (7)(a) or (b). (9) If the relevant matter is a reviewable local government matter, implementation of the relevant matter does not affect the existence or extent of a joint local government’s area or the composition of a joint local government.

s 65 83 s 66 Local Government Act 1993 (10) In this section— local government area includes a proposed local government area. 65 Meaning of limited reviewable local government matter (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. Division 2 Local Government Electoral and Boundaries Review Commissions Subdivision 1 Establishment, constitution and functions of commissions 66 Establishment 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. 5 5 See division 3 (References of, and applications for, reviewable local government matters), subdivisions 1 (References to commissioner by Minister) and 2 (Applications to commissioner by local governments).

s 67 84 s 68 Local Government Act 1993 67 Constitution (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. (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. 68 Functions 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.

s 69 85 s 73 Local Government Act 1993 Subdivision 2 Business and meetings of commissions 69 Conduct of business 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. 70 Times and places of meetings (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. 71 Quorum at meetings Business may be conducted at an expanded commission meeting only if a majority of commission members are present. 72 Presiding member 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. 73 Voting at meetings At a meeting of an expanded commission— (a) a question is to be decided by a majority of commission members present and voting; and

s 74 86 s 74 Local Government Act 1993 (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. 74 Disclosure of interests by members of expanded commission (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 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

s 75 87 s 76 Local Government Act 1993 remaining members present are a quorum for considering or deciding the issue at the meeting. 75 Additional provisions for disclosure of interests by commissioner and deputy commissioner (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 76 Resignation and removal (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

s 77 88 s 77 Local Government Act 1993 appointment of a review commissioner to partly constitute a commission. 6 Division 3 References of, and applications for, reviewable local government matters Subdivision 1 References to commissioner by Minister 77 Minister may refer certain reviewable local government matters to commissioner (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 — 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 6 The Acts Interpretation Act 1954 , section 25 deals with incidental powers to a power of appointment.

s 78 89 s 79 Local Government Act 1993 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. 78 References of reviewable local government matters to be tabled etc. 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. 79 Request by commissioner for reference (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 80 90 s 80 Local Government Act 1993 Subdivision 2 Applications to commissioner by local governments 80 Limited reviewable local government matters (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 107 have been taken into consideration.

s 81 91 s 81 Local Government Act 1993 Division 4 Procedures for major and minor references of reviewable local government matters Subdivision 1 Preliminary 81 References of reviewable local government matters (1) As soon as practicable after a special reference of a reviewable local government matter is referred to the commissioner— (a) the Governor in Council is to appoint the commission members mentioned in section 67(1)(a) and (b) 7 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 67, to be constituted for the reference—appoint a review commissioner or commissioners to partly constitute the commission. 7 The commission members under section 67(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 82 92 s 85 Local Government Act 1993 82 Appointment of additional review commissioners 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. 83 Commissions may declare major references (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. (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. 84 Commissions must have regard to prescribed issues (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. 85 Restrictions on determinations for City of Brisbane (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. 8 8 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 86 93 s 88 Local Government Act 1993 (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 86 Application of subdivision This subdivision applies for a reviewable local government matter, the subject of a major reference, being considered by a commission. 87 Commission may make inquiries In considering the reviewable local government matter, the commission may make the inquiries it considers appropriate. 9 88 Preliminary procedures for certain references (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. 9 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 6 (Inquiries by expanded commissions).

s 88 94 s 88 Local Government Act 1993 (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 (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 89, 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 90.

s 89 95 s 90 Local Government Act 1993 (8) In determining whether the matter should be implemented, the commission must consider all suggestions and comments properly given to it. 89 Determination not to implement matter (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. 90 Public notice of proposed determination to implement matter (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 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 (b) that particulars of the proposed determination and recommendations on implementation issues for the matter, 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

s 90 96 s 90 Local Government Act 1993 (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) If, in the proposed determination of the matter, the commission proposes to adopt a margin of allowance under section 286(3) for the quota of voters for each councillor for a division of a local government, the notice must also state the margin of allowance to be adopted. (6) If the commission proposes to make a delayed implementation determination for the matter, the notice must also state— (a) the matter is to be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) the elections are to be conducted as if the determination were implemented. (7) 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. (8) The particulars are to be open to inspection until the day after the stated day.

s 91 97 s 92 Local Government Act 1993 91 Commission to consider submissions (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 90, of the amended proposed determination and recommendations on implementation issues for the matter. (4) Section 90 and this section apply to the amended proposed determination as if it were the proposed determination. 92 Holding of referendum (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. (3) However, the commission may decide to hold a non-compulsory referendum only after it has consulted with

s 93 98 s 93 Local Government Act 1993 the local governments that would be affected by the matter if it were implemented. 10 93 Making final determination and preparation of report (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) If the matter is the subject of a delayed implementation reference and the commission makes a determination to implement the matter, the commission— (a) must determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) must determine not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments’ areas. (3) If the matter is a reviewable local government matter mentioned in section 64(1)(c) (other than a matter the subject of a delayed implementation reference) for a local government area that is divided, the commission may determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination only if— 10 Division 7 applies to the holding of compulsory and non-compulsory referendums.

s 93 99 s 93 Local Government Act 1993 (a) the commission is satisfied it is appropriate to delay implementing the matter having regard to the delayed implementation issues for the matter; and (b) the commission determines not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments’ areas. (4) Also, if the matter is a matter mentioned in section 64(1)(c) (the first matter ) and the commission makes a determination to implement the first matter, the commission may, if it is satisfied it is appropriate for another reviewable local government matter mentioned in section 64(1)(g) or (h) included in the reference of the first matter, make a determination to implement the other matter only so far as the other matter relates to all of the divisions of a local government area directly affected by the determination of the first matter. (5) However, subsection (4) does not apply if the commission makes a determination of a matter mentioned in section 64(1)(i) or (k) included in the reference of the first matter. (6) For subsection (4), a division of a local government area is directly affected by the determination of the first matter only if, under the determination— (a) the division’s boundaries are to be changed because of the exclusion of part of the local government area (the excluded part ) and including the excluded part in another local government area; or (b) the division adjoins the excluded part; or (c) the division adjoins a division mentioned in paragraph (a) or (b). (7) 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

s 94 100 s 94 Local Government Act 1993 (ii) if section 88 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. (8) 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 (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. (9) 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. (10) 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. 94 Notification of determination and report to Minister (1) The commission must— (a) give notification of its final determination, or its determination under section 89— (i) by gazette notice; and

s 95 101 s 95 Local Government Act 1993 (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 government 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; and (d) if the commission makes a delayed implementation determination for the matter—state in general terms the effect of the determination; and (e) if section 96 applies to the matter—state in general terms the effect of the section. 95 Implementation of matter on commission’s report (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) However, if the commission makes a delayed implementation determination for the matter— (a) the Governor in Council must implement the matter to commence on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination; and

s 96 102 s 96 Local Government Act 1993 (b) a regulation implementing the matter must provide for the conduct of the next quadrennial elections of the local governments as if the matter were implemented. (3) 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 (3) — 1 Because of the holding of quadrennial 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. (4) Subsection (1) has effect subject to section 158. 96 Implementation of matter at request of Legislative Assembly (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 (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

s 97 103 s 100 Local Government Act 1993 implemented as soon as practicable merely because of the later commencement. Example of subsection (4) — 1 Because of the holding of quadrennial 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 97 Application of subdivision This subdivision applies for a reviewable local government matter, the subject of a minor reference, being considered by a commission. 98 Commission may make inquiries In considering the reviewable local government matter, the commission may make the inquiries it considers appropriate. 99 Determination not to implement matter (1) If after considering the reviewable local government matter, 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. 100 Notice of proposed determination to implement matter and recommendations (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

s 100 104 Local Government Act 1993 s 100 (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 (b) that particulars of the proposed determination and recommendations on implementation issues for the matter, 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) If, in the proposed determination of the matter, the commission proposes to adopt a margin of allowance under section 286(3) for the quota of voters for each councillor for a division of a local government, the notice must also state the margin of allowance to be adopted. (4) If the commission proposes to make a delayed implementation determination for the matter, the notice must also state— (a) the matter is to be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and (b) the elections are to be conducted as if the determination were implemented.

s 101 105 Local Government Act 1993 s 102 (5) 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 commission’s office at Brisbane. (6) The notice given to the local governments must be accompanied by a copy of the particulars mentioned in subsection (2)(b). (7) The particulars are to be open to inspection until the day after the stated day. 101 Commission to consider submissions (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 100, of the amended proposed determination and recommendations on implementation issues for the matter. (4) Section 100 and this section apply to the amended proposed determination as if it were the proposed determination. 102 Making final determination and preparation of report (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) If the matter is the subject of a delayed implementation reference and the commission makes a determination to implement the matter, the commission— (a) must determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and

s 102 106 Local Government Act 1993 s 102 (b) must determine not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments’ areas. (3) If the matter is a reviewable local government matter mentioned in section 64(1)(c) (other than a matter the subject of a delayed implementation reference) for a local government area that is divided, the commission may determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination only if— (a) the commission is satisfied it is appropriate to delay implementing the matter having regard to the delayed implementation issues for the matter; and (b) the commission determines not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments’ areas. (4) Also, if the matter is a matter mentioned in section 64(1)(c) (the first matter ) and the commission makes a determination to implement the first matter, the commission may, if it is satisfied it is appropriate for another reviewable local government matter mentioned in section 64(1)(g) or (h) included in the reference of the first matter, make a determination to implement the other matter only so far as the other matter relates to all of the divisions of a local government area directly affected by the determination of the first matter. (5) However, subsection (4) does not apply if the commission makes a determination of a matter mentioned in section 64(1)(i) or (k) included in the reference of the first matter. (6) For subsection (4), a division of a local government area is directly affected by the determination of the first matter only if, under the determination— (a) the division’s boundaries are to be changed because of the exclusion of part of the local government area (the excluded part ) and including the excluded part in another local government area; or

s 103 107 Local Government Act 1993 s 103 (b) the division adjoins the excluded part; or (c) the division adjoins a division mentioned in paragraph (a) or (b). (7) 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. 103 Notification of determination and report to Minister (1) The commission must— (a) give notification of its final determination, or its determination under section 99— (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; and

s 104 108 Local Government Act 1993 s 104 (d) if the commission makes a delayed implementation determination for the matter—state in general terms the effect of the determination. 104 Implementation of matter (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) However, if the commission makes a delayed implementation determination for the matter— (a) the Governor in Council must implement the matter to commence on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination; and (b) a regulation implementing the matter must provide for the conduct of the next quadrennial elections of the local governments as if the matter were implemented. (3) 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 (3) — 1 Because of the holding of quadrennial elections under this Act, the regulation may commence after its notification. 2 Because of financial implications, the regulation may commence at the start of a financial year. (4) Subsection (1) has effect subject to section 158.

s 105 109 Local Government Act 1993 s 108 Division 5 Limited reviewable local government matters 105 Application of division (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. 106 Commission may make inquiries In considering the limited reviewable local government matter, the commission may make the inquiries it considers appropriate. 107 Commission must have regard to prescribed issues (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. 108 Restriction on determination to implement matter (1) This section applies if a local government that would be affected 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

s 109 110 Local Government Act 1993 s 109 allowance mentioned in section 286(2) for a quota for a local government’s area being departed from. 11 109 Action after determination to implement matter (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 (c) state that the determination is to be implemented by regulation. 11 See chapter 5 (Local government elections), part 5 (Division of local government areas).

s 110 111 Local Government Act 1993 s 111 110 Action after determination not to implement matter (1) This section applies if the commission determines that the limited reviewable local government matter not be implemented. (2) The commission must— (a) prepare a report for the Minister on the matter; and (b) give written notice of its determination to the landowners whose agreements accompanied the application for the determination of the matter; and (c) give to the Minister a copy of the commission’s report on the matter; and (d) give a copy of the report to the local governments whose agreements accompanied the application for determination of the matter. (3) The report must state the determination and reasons for it. (4) The notice must state that the commission’s report on the matter is— (a) open to inspection; and (b) available for purchase at the electoral commission’s office at Brisbane. 111 Implementation of matter (1) If the commission determines that the limited 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 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 quadrennial elections under this Act, the regulation may commence after its notification.

s 112 112 Local Government Act 1993 s 115 2 Because of financial implications, the regulation may commence at the start of a financial year. (3) Subsection (1) has effect subject to section 158. Division 6 Inquiries by expanded commissions Subdivision 1 General 112 Expanded commission may decide to hold inquiry for certain matters In considering a reviewable local government matter the subject of a major reference, an expanded commission may decide to hold an inquiry under this division. 113 Notice of decision to hold inquiry Before starting the inquiry, the commission must— (a) publish in a newspaper circulating in the areas of the local governments concerned a notice outlining the processes to be followed in the inquiry; and (b) give a copy of the notice to the local governments. Subdivision 2 Conduct of inquiries 114 Presiding member The chairperson presides at the inquiry. 115 Commission’s duties on inquiry When conducting an inquiry, the commission— (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.

s 116 113 Local Government Act 1993 s 119 116 Commission may decide procedures (1) The commission— (a) is not bound by the rules of evidence; and (b) may inform itself in any way the commission considers appropriate; and (c) may decide the procedures to be followed at an inquiry. (2) However, the commission must comply with this subdivision and any procedural rules prescribed by regulation. 117 Public may attend The commission must allow members of the public to attend an inquiry. 118 Commission’s powers on inquiry (1) In conducting an inquiry, the commission may— (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) adjourn the inquiry; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and (f) permit or refuse to permit a person (including a legal practitioner enrolled in Queensland or elsewhere) to represent someone else at the inquiry. (2) A commission member may administer an oath or affirmation to a person appearing as a witness before the inquiry. 119 Notice to witness (1) The commission may, by written notice given to a person, require the person to attend an inquiry at a specified time and place to give evidence or produce specified documents.

s 120 114 Local Government Act 1993 s 121 (2) A person who is given a notice must— (a) attend as required by the notice; and (b) continue to attend as required by the commission until excused from further attendance. Maximum penalty—35 penalty units. (3) A person required to appear as a witness before an inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the commission. 120 Duty of witness at inquiry (1) A person appearing as a witness at an inquiry must not— (a) fail to take an oath or make an affirmation when required by the commission; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the commission; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 119(1). Maximum penalty—35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 121 Contempt A person must not— (a) insult the commission or a commission member in an inquiry; or (b) deliberately interrupt an inquiry; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting an inquiry; or

s 122 115 Local Government Act 1993 s 124 (d) do anything that would be a contempt of court if the commission were a judge acting judicially. Maximum penalty—50 penalty units. 122 Change of commission members The inquiry is not affected by a change in the commission members. Division 7 Referendums Subdivision 1 Preliminary 123 Application of div 7 This division applies to a compulsory or non-compulsory referendum to be held in relation to a commission’s proposed determination of a reviewable local government matter. 124 Approving or opposing referendum question (1) This section applies for deciding whether the referendum question for the proposed determination of the reviewable local government matter is approved. (2) A person approves the referendum question if the person answers the question in the affirmative. (3) If the affected area for the reviewable local government matter is not divided into voting areas, the affected area approves the referendum question for the matter if the affected electors for the affected area who vote to approve the question are greater in number than the affected electors who vote to oppose the question. (4) If the affected area is divided into voting areas— (a) a voting area approves the referendum question if the affected electors for the voting area who vote to approve the question are greater in number than the affected electors who vote to oppose the question; and

s 125 116 Local Government Act 1993 s 126 (b) the affected area approves the referendum question if each voting area approves the question. (5) A person opposes the referendum question if the person answers the question in the negative. Subdivision 2 Holding referendums 125 Wording of referendum question The precise wording for the referendum question must be set under a regulation. 126 Appointment and role of returning officers for referendum (1) The commissioner must appoint a returning officer and an assistant returning officer for the referendum. (2) As soon as practicable after making an appointment, the commissioner must, by gazette notice, advise of the appointment. (3) The returning officer and the assistant returning officer are each entitled to the fees and allowances decided by the commissioner. (4) The returning officer must conduct the referendum. (5) If, for any reason, the returning officer can not perform the functions of office, the assistant returning officer must act as the returning officer. (6) The returning officer for the referendum must have a public office for the referendum. (7) The local governments for the affected area must give the returning officer all reasonable assistance the returning officer asks for in conducting the referendum.

s 127 117 Local Government Act 1993 s 128 127 Referendum day (1) The day for holding the referendum for the commission’s proposed determination of the reviewable local government matter (the referendum day ) must be a Saturday. (2) The returning officer must fix the referendum day. (3) However, the Governor in Council may, by gazette notice, fix as the referendum day a day that is later than the day previously fixed by the returning officer as the referendum day. (4) If a gazette notice is published under subsection (3), the returning officer must publish a notice giving necessary directions to affected electors about the procedures to be followed. (5) The returning officer’s notice must be published in a newspaper circulating generally in the affected area. 128 Notice of referendum day and other information (1) The returning officer for the referendum must publish a notice (the referendum notice )— (a) stating the referendum day for the referendum; and (b) stating the referendum roll cut off day fixed by the returning officer; and (c) advising whether, and if so to what extent, the referendum is to be conducted by postal ballot; and (d) giving a brief explanation about— (i) the question for the referendum; and (ii) who is an affected elector; and (e) giving notice of the address and telephone number of the returning officer’s public office. (2) The referendum notice must be published in a newspaper circulating generally in the affected area. (3) The returning officer may also publish the referendum notice in other ways the returning officer considers appropriate.

s 129 118 Local Government Act 1993 s 129 (4) The referendum notice must also be displayed in a conspicuous position at the returning officer’s public office from as soon as practicable after the referendum notice is first published in a newspaper until 6p.m. on the referendum day. (5) The returning officer may also display a copy of the referendum notice at other places the returning officer considers appropriate. (6) The referendum notice may be published before the making or commencement of the regulation setting the precise wording for the question for the referendum. (7) To the extent the referendum is not conducted by postal ballot, the referendum notice must state— (a) the location of ordinary polling booths to be used for the referendum; and (b) that the ordinary voting hours are from 8a.m. and 6p.m. (8) The referendum roll cut off day must be at least 5 days, but not more than 7 days, after the referendum notice is first published in a newspaper. 129 Voters rolls (1) As soon as practicable after the referendum roll cut off day, the returning officer must compile a voters roll for— (a) the affected area for the reviewable local government matter; or (b) if the affected area for the reviewable local government matter is divided into voting areas—each voting area. (2) A voters roll must consist of persons who, on the referendum roll cut off day, are electors under the Electoral Act 1992 and are enrolled on an electoral roll for an electoral district, or part of an electoral district, included in the affected area or, if subsection (1)(b) applies, the voting area concerned. (3) A voters roll— (a) must be in the form of the electoral roll used for elections of the Legislative Assembly; and

s 130 119 Local Government Act 1993 s 133 (b) must not include an elector’s address that, under the Electoral Act 1992 , is excluded from the publicly available part of an electoral roll. 130 Voters roll to be open to inspection and purchase (1) A voters roll is open to inspection until the final result of the referendum for the matter is notified. (2) The returning officer must sell a copy of a voters roll to anyone who asks to buy it. (3) The price of a voters roll must be no more than the cost of making a copy of the roll and, if the copy is posted to the purchaser, the postage cost. 131 Explanatory statement The commission for the reviewable local government matter must prepare a statement (the explanatory statement ) about the advantages and disadvantages of the proposed determination that, in the commission’s opinion, should be taken into account by an affected elector voting in the referendum. 132 Commission may request information from local government (1) The commission for the reviewable local government matter may, by written notice, request a local government to give the commission, in writing, information the commission reasonably needs from the local government for the preparation of an explanatory statement. (2) The request must specify a reasonable time within which the information must be given to the commission. (3) The local government must comply with the request. 133 Giving statements to affected electors and display of statements and proposed determination (1) The returning officer must give the explanatory statement for the referendum to each affected elector on the voters roll for

s 134 120 Local Government Act 1993 s 136 the affected area or, if the affected area is divided into voting areas, a voting area. (2) The statement must be given to the affected elector at a reasonable time before the referendum day. (3) If the referendum is to be conducted by postal ballot for all or part of the affected area, the explanatory statement may be given to an affected elector when the elector is given the ballot paper for the referendum. (4) An affected elector, other than an affected elector to whom the returning officer has given an explanatory statement, must be given a copy of the statement if the elector asks for it. (5) The returning officer must display a copy of the explanatory statement and the commission’s proposed determination of the matter— (a) in a prominent place in the returning officer’s public office; and (b) at other places the returning officer considers appropriate. 134 Local government views on referendum The provisions of this division do not prevent a local government that considers that it will be affected by the proposed determination of the commission about the reviewable local government matter to which the referendum relates from informing affected electors of its views about the referendum question. 135 Compulsory voting Voting at the referendum is compulsory, and each affected elector for the affected area for the reviewable local government matter, or a voting area in the affected area, is entitled to only 1 vote. 136 Conduct of referendum (1) Chapter 5, part 6 applies (with any necessary changes and any additional changes specified in subsection (8) or changes

s 136 121 Local Government Act 1993 s 136 prescribed under a regulation) to the referendum as if the referendum were an election. (2) Without limiting subsection (1), the necessary changes mentioned in subsection (1) include the non-application of provisions of chapter 5, part 6 to the extent that their application is inappropriate or unnecessary. (3) The application of provisions of chapter 5, part 6 is unnecessary to the extent that the provisions have particular reference to candidates. (4) Without limiting subsections (2) and (3)— (a) section 291 has no application; and (b) chapter 5, part 6, divisions 3 and 11 have no application; and (c) chapter 5, part 6, division 4, has no application; and (d) section 325(2)(d) to (f), (3) and (4) does not apply to the ballot paper to be used for the referendum; and (e) section 326 has no application; and (f) section 327 has no application; and (g) sections 357 and 358 have no application; and (h) in sections 366(1) and 367, the reference to a candidate, but not the reference to a scrutineer, may be ignored; and (i) sections 368 and 369 have no application; and (j) section 371(1)(b) has no application; and (k) section 385(1)(b) has no application; and (l) in section 407(2), the reference to a candidate or nominee as a candidate for election may be ignored, but not the reference to the returning officer. (5) Necessary changes also include the following changes having general operation— (a) a reference to chapter 5, part 6 is a reference to that part as applied under this section, and is also taken to include a reference to the other provisions of this division;

s 136 122 Local Government Act 1993 s 136 (b) a reference to the returning officer is a reference to the returning officer for the referendum; (c) a reference to an assistant returning officer is a reference to the assistant returning officer for the referendum; (d) a reference to an elector is a reference to an affected elector for the affected area or, if the affected area is divided into voting areas, each voting area in relation to the referendum; (e) a reference to a scrutineer for a candidate is a reference to a scrutineer for the referendum; (f) a reference to the voters roll is a reference to the voters roll compiled under this division for the affected area or, if the affected area is divided into voting areas, each voting area; (g) a reference to the local government area, or a division of the local government area, is, for the referendum, a reference to— (i) the affected area; or (ii) a voting area of the affected area; (h) a reference to the local government’s public office is a reference to the public office of the returning officer for the referendum; (i) a reference to the poll for the election is a reference to the poll for the referendum; (j) a reference to polling day is a reference to the referendum day for the referendum; (k) a reference to the notice under section 311 is a reference to the referendum notice for the referendum; (l) a reference to the election period is a reference to the period— (i) starting on the day the referendum notice for the referendum is first published; and (ii) ending at 6p.m. on the referendum day for the referendum;

s 136 123 Local Government Act 1993 s 136 (m) a reference to an electoral officer for an election is a reference to an electoral officer for the referendum. (6) Necessary changes also include the following changes having more specific operation— (a) for applying sections 321(6), 340(5) and 365(1), the returning officer for the referendum, instead of advising candidates, must advise the persons and groups who have appointed scrutineers for the referendum; (b) for applying sections 336(10)(b), 341(2)(c), 348(3)(c) and 351, a reference to division 11 is a reference to the provisions of this division about the marking of a ballot paper; (c) for applying section 341(2)(a), a reference to stating the names of candidates is a reference to reading out the referendum question; (d) for applying sections 363(1)(c)(ii) and (iii) and 366(3)(b) and (4)(c), the returning officer for the referendum must— (i) count the number of votes approving the referendum question marked on all formal ballot papers, and keep the ballot papers in a separate parcel; and (ii) count the number of votes opposing the referendum question marked on all formal ballot papers, and keep the ballot papers in a separate parcel; (e) for applying section 363(1)(d)(i), the written statement must set out, in words and numerals, the number of votes approving the referendum question and the number of votes opposing the referendum question; (f) for applying section 366(2), the returning officer for the referendum must ascertain the number of votes approving the referendum question and the number of votes opposing the referendum question; (g) for applying section 366(3) and (4), the returning officer for the referendum must count the number of votes

s 136 124 Local Government Act 1993 s 136 approving the referendum question and the number of votes opposing the referendum question; (h) for applying section 366(5), the returning officer for the referendum must add together the number of votes counted as approving the referendum question and the number of votes counted as opposing the referendum question; (i) for applying section 367(2), the reference to a vote for a particular candidate is a reference to whether the vote is a vote approving or opposing the referendum question, and the reference to the name of the candidate for whom a vote is counted is a reference to whether the vote is counted as a vote approving or opposing the referendum question; (j) for applying section 372, the reference to each candidate is a reference to the commission; (k) the result the returning officer must give under section 372 as applied under this division is— (i) if the affected area is divided into voting areas— (A) for each voting area of the affected area—how the voting area voted on the referendum question, including whether the voting area has approved the referendum question; and (B) for the affected area—whether the affected area has approved the referendum question; or (ii) if the affected area is not divided into voting areas—whether the affected area has approved the referendum question; (l) for applying sections 373, 374(1) and (3)(b), 375, 376 and 377, the reference to the local government is a reference to the local government for the local government area, or part of a local government area, for which a person listed as having failed to vote is enrolled;

s 136 125 Local Government Act 1993 s 136 (m) for applying section 378, the reference to the local government’s chief executive officer is a reference to the returning officer for the referendum; (n) for applying sections 379 and 380, a reference to the local government’s chief executive officer is a reference to the commissioner, but section 379(4) has no application at all; (o) for applying section 381, the reference to the local government is a reference to the commissioner; (p) for applying section 385(1)(c), the reference to support of, or opposition to, a candidate or a political party is a reference to approval of, or opposition to, the referendum question; (q) sections 391 and 404 are about how a person votes at the referendum, rather than the candidate for whom a person votes; (r) for applying section 407, the reference in section 407(1)(b) to chapter 5 is a reference to chapter 5, part 6 as applied under this division, and is also taken to include a reference to the other provisions of this division. (7) To avoid any doubt, sections 359 and 360 have application. (8) The following additional changes are specified— (a) for applying section 363A(2) or 364(2), the returning officer need not wait until after 8a.m. on the day before the referendum day or the referendum day to start the preliminary processing of declaration votes under that section, but may start at any time before the referendum day; (b) for applying section 407, an application to the Supreme Court may additionally be made by— (i) a local government; or (ii) an individual or group of individuals reasonably identified in the community, in the court’s opinion, as supporting or opposing the referendum question.

s 137 126 Local Government Act 1993 s 140 (9) Subsections (2) to (8) do not limit by implication the changes that may be prescribed under a regulation. Subdivision 3 Replacement provisions 137 Preliminary A provision of chapter 5, part 6 has no application to the extent it is inconsistent with the replacement provisions in this subdivision. 138 Direction that poll be conducted by postal ballot (1) The Governor in Council may, by gazette notice, direct that the poll for the referendum for the commission’s proposed determination of the reviewable local government matter be conducted by postal ballot. (2) The direction may be given for— (a) all of the affected area; or (b) a part of the affected area marked on a map. (3) The map is open to inspection at the place stated in the gazette notice. 139 Ballot papers If the affected area for the reviewable local government matter is divided into voting areas, a different coloured ballot paper must be used for each voting area. 140 Mode of voting (1) If an affected elector wishes to vote to approve the referendum question, the elector must place a tick in the square opposite the word ‘YES’ on the ballot paper. (2) If an affected elector wishes to vote to oppose the referendum question, the elector must place a tick in the square opposite the word ‘NO’ on the ballot paper.

s 141 127 Local Government Act 1993 s 141 (3) An affected elector is taken to have marked a ballot paper in the way mentioned in subsection (1) if the elector— (a) writes the word ‘YES’ in the square opposite the word ‘YES’ on the ballot paper; or (b) otherwise marks the ballot paper in a way clearly showing that the voter approves of the referendum question. (4) An affected elector is taken to have marked a ballot paper in the way mentioned in subsection (2) if the elector— (a) writes the word ‘NO’ in the square opposite the word ‘NO’ on the ballot paper; or (b) otherwise marks the ballot paper in a way clearly showing that the voter opposes the referendum question. (5) For the application of section 325(2)(a), the approved form of ballot paper must allow for the method of voting stated in this section. 141 Effect of ballot paper For a ballot paper to have effect as a vote of an affected elector in the referendum— (a) the ballot paper must be completed in the way stated in this subdivision; and (b) the ballot paper must not contain any writing or mark (other than a mark authorised under this division) by which the elector can, in the returning officer’s opinion, be identified; and (c) the ballot paper must have been put in a ballot box; and (d) for a ballot paper put in a declaration envelope as required under section 351 as applied under this division— (i) section 351(1) must have been complied with; and (ii) if the elector is an elector mentioned in section 343 or 344 or an applicant who is given an approved declaration form under section 347(4) or an elector who is given an approved declaration form under

s 142 128 Local Government Act 1993 s 142 section 349(2), and the declaration on the envelope is witnessed by a person other than an issuing officer—the signature of the person making the declaration must correspond to the signature of the relevant applicant under section 347, or the relevant elector under section 349; and (iii) if the declaration envelope is posted to the returning officer for the referendum—it must be received by the returning officer within 10 days after the referendum day. 142 Scrutineers (1) For the appointment of scrutineers for the referendum, a reference in section 330, 331 or 333 to a candidate for election is a reference to— (a) a local government for the affected area for the reviewable local government matter; or (b) an individual or group of individuals reasonably identified in the community, in the returning officer’s opinion, as supporting or opposing the referendum question. (2) An individual mentioned may appoint himself or herself as a scrutineer, and a group of individuals may appoint 1 or more of the group as a scrutineer or as scrutineers. (3) For appointing a scrutineer for a group, the appointment may be made on the group’s behalf by any of its members. (4) The returning officer may reject an appointment if the returning officer reasonably believes that if more scrutineers are appointed, the efficiency of the conduct of the referendum may be adversely affected. (5) The returning officer may direct 1 or more scrutineers to leave a place if the returning officer reasonably believes that the number of scrutineers at the place may adversely affect the efficiency of the conduct of the referendum. (6) A scrutineer must comply with a direction given under subsection (5). Maximum penalty for subsection (6)—10 penalty units.

s 143 129 Local Government Act 1993 s 145 Subdivision 4 Miscellaneous 143 Referendum cost (1) The cost of conducting the referendum, including the fees and allowances to which the returning officer and assistant returning officer for the referendum are entitled, must be paid by the local governments prescribed under a regulation for the referendum in the way stated in the regulation. (2) An amount required for the cost may, without resolution of a local government, be spent by it whether or not the disbursement is provided for in its budget. (3) An amount may be paid only if the returning officer for the referendum has presented an account to the local government’s chief executive officer. 144 Proof of voters roll In a proceeding, a document purporting to be a copy of a voters roll for an affected area, or a voting area of an affected area, and to be certified by the returning officer for the referendum, is evidence of the roll and the matters contained in the roll. Division 8 Provisions about commission members Subdivision 1 Commissioner and deputy commissioner 145 Commissioner may direct deputy commissioner to perform commissioner’s functions (1) This section applies if the commissioner— (a) constitutes, or partly constitutes, a commission; and (b) is unable, for any reason, to perform the functions of the commission or a commission member.

s 146 130 Local Government Act 1993 s 146 (2) For the purpose of the commission performing a function or exercising a power, the commissioner may direct the deputy commissioner to act in the place of the commissioner. (3) Anything done by the deputy commissioner in the place of the commissioner is taken to have been done by the commissioner as constituting the commission or as a commission member. Subdivision 2 Appointment, and duration of appointment, of review commissioners 146 Appointment (1) The Governor in Council is to appoint qualified individuals as review commissioners. (2) The Governor in Council may appoint the number of review commissioners the Governor in Council considers necessary. (3) An initial appointment as a review commissioner may be made only if the Minister has consulted with the Local Government Association about it. (4) A person is qualified for appointment as a review commissioner only if the person— (a) has extensive knowledge and experience in local government, public administration, law, public finance or community affairs; or (b) has other qualifications and experience the Governor in Council considers appropriate. (5) A person is not qualified for appointment as a review commissioner if the person— (a) is a member of an Australian Parliament; or (b) is a nominee for election as a member of an Australian Parliament; or (c) is a councillor; or (d) is a nominee for election as a councillor; or

s 147 131 Local Government Act 1993 s 151 (e) accepts appointment as a councillor; or (f) is a member of a political party. 147 Duration of appointment A review commissioner may be appointed for a term not longer than 3 years. Subdivision 3 Terms of appointment, resignation and termination of appointment of certain commission members 148 Definition for sdiv 3 In this subdivision— commissioner means a review commissioner or the chairperson of a special commission. 12 149 Terms of appointment (1) A commissioner is entitled to be paid the remuneration and allowances the Governor in Council may decide. (2) A commissioner holds office on the terms, not provided in this Act, the Governor in Council decides. 150 Resignation A commissioner may resign by giving a signed notice of resignation to the Minister. 151 Termination of appointment (1) The Governor in Council may terminate the appointment of a commissioner for misbehaviour or physical or mental incapacity. 12 The chairperson of a special commission is appointed by the Governor in Council under section 81(1)(a).

s 152 132 Local Government Act 1993 s 154 (2) The Governor in Council must terminate the appointment of a commissioner if the person— (a) nominates for election to an Australian Parliament; or (b) nominates for election to a local government or accepts appointment as a local government councillor; or (c) becomes a member of a political party; or (d) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or (e) contravenes section 74 without reasonable excuse. Division 9 Miscellaneous 152 Staff and administrative support The electoral commission must ensure that a commission has the staff and administrative support services required to carry out its functions effectively and efficiently. 153 Annual reports (1) As soon as practicable, but not later than 4 months, after the end of each financial year, the commissioner must give to the Minister a report of Local Government Electoral and Boundaries Review Commissions’ operations for the year (the review commissions’ report ). (2) The electoral commission’s annual report prepared under the Electoral Act 1992 , section 19, for the year must include the review commissions’ report. 154 Certain reports to be tabled etc. (1) In this section—

s 155 133 Local Government Act 1993 s 156 report means a report on a major or minor reference of a reviewable local government matter. 13 (2) The Minister must table a copy of a commission’s report in the Legislative Assembly within 7 sitting days after receiving it. 155 Reports open to inspection and available for purchase The commissioner must ensure copies of each commission’s report on a reviewable local government matter or a limited reviewable local government matter— (a) are open to inspection at the electoral commission’s office at Brisbane; and (b) are available for purchase at the electoral commission’s office at Brisbane for 6 months after— (i) for a report on a major or minor reference of a reviewable local government matter—it is tabled in the Legislative Assembly; or (ii) for a report on a limited reviewable local government matter—notification of the commission’s determination under section 109 or 110. 156 Additional procedures may be prescribed by regulation A regulation may be made about additional procedures for the following— (a) major and minor references of reviewable local government matters; (b) applications relating to limited reviewable local government matters. 13 See sections 89 (Determination not to implement matter) and 94 (Notification of determination and report to Minister) for major references of reviewable local government matters and sections 99 (Determination not to implement matter) and 103 (Notification of determination and report to Minister) for minor references of reviewable local government matters.

s 157 134 Local Government Act 1993 s 157 Division 10 Implementing reviewable local government matters 157 Implementation of reviewable local government matter (1) A reviewable local government matter may be implemented by regulation. (2) A regulation may provide for— (a) holding, postponing or cancelling an election for a local government area or a division of a local government area; or (b) appointing a returning officer for an election; or (c) recovering unpaid rates; or (d) exempting a local government from the requirement to prepare and adopt a corporate or operational plan or a revenue policy, and the application of this Act because of the exemption; or (e) the application of budgets; or (f) giving or keeping records; or (g) implementation issues for the matter; or (h) the giving of directions by the Governor in Council or the Minister about a matter; or (i) the transfer of assets and liabilities; or (j) in the case of a reviewable local government matter the subject of a delayed implementation determination—payment by a local government for not adequately supplying services and facilities in the interim period for the matter in a part of a local government area that, under the matter, has been, or is to be, transferred from 1 local government area to another local government area; or (k) any other matter for which— (i) it is necessary or convenient to provide to implement the reviewable local government matter; and

s 158 135 Local Government Act 1993 s 159 (ii) this Act does not make provision or adequate provision. (3) Subsection (2)(a) has effect subject to section 408(3). (4) A regulation under subsection (2)(a) applies despite sections 269 and 270. (5) Chapter 5 applies to an election for the implementation of a reviewable local government matter with all necessary changes and any changes prescribed by regulation as if the election were an election of the appropriate type. (6) In this section— division includes a proposed division. interim period , for a reviewable local government matter the subject of a delayed implementation determination, means the period from the notification of the determination by gazette notice to the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination. local government area includes a proposed local government area. 158 Requirement before implementation (1) A reviewable local government matter may be implemented under section 157 only if the commissioner, and the commission that determined the matter, have complied with this Act in relation to the matter. (2) For the purposes of subsection (1), strict compliance with this Act is not necessary and substantial compliance is sufficient. 159 Liability for State taxes (1) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a reviewable local government matter under this division. (2) In this section— State tax means a tax, other than duty under the Duties Act 2001 , fee, levy or charge imposed under an Act.

s 159YA 136 Local Government Act 1993 s 159YC Part 1B Implementation of whole of Queensland local government boundaries reform Division 1 Preliminary 159YA Application of pt 1B (1) This part does not apply to the Brisbane City Council. (2) This part applies to a Torres Strait Islander local government. (3) This part does not apply to a joint local government. (4) Subsection (3) does not prevent a reform implementation regulation from making provision for joint local governments. 159YB Objectives of pt 1B (1) This part has a number of objectives. (2) Firstly an objective of this part is the objective stated for part 1A in section 159B. (3) Secondly, an objective of this part is to implement decisions for the structural reform of local governments, which reform includes— (a) following the making of recommendations by the reform commission under part 1A, the establishment of particular local government areas to replace particular existing local government areas; and (b) the creation of new structural and governance arrangements. (4) Thirdly, an objective of this part is to provide for the transition of existing local governments to the new arrangements. 159YC Operation of pt 1B in relation to pt 1 To remove any doubt, it is declared that the requirements applying under part 1 for the implementation of reviewable

s 159YD 137 Local Government Act 1993 s 159YD local government matters do not apply to the implementation of a reform matter under this part. 159YD Definitions for pt 1B In this part— adjusted local government means a local government whose local government area is an adjusted local government area. adjusted local government area means a local government area that under this part is changed by— (a) the inclusion of an area in it; or (b) the exclusion of an area from it. area map means a map or group of maps showing 1 or more of the following— (a) the external boundaries of a local government area; (b) the division boundaries of a local government area that is divided; (c) a transferring area. caretaker period , for an election for a new local government, means the election period for the election. changeover day see section 159YE. chief returning officer means the commissioner. continuing local government means a local government whose local government area is a continuing local government area. continuing local government area see section 159YK. division arrangements regulation means a regulation under section 159YH, 159YJ or 159YL. employee , for division 7, see section 159ZE. existing local government means a local government whose local government area is an existing local government area. existing local government area means a local government area as in existence on the commencement of this section. function includes power.

s 159YD 138 Local Government Act 1993 s 159YD local transition committee means— (a) for a new local government area—a local transition committee established for the area under section 159YR; and (b) for division 9—see section 159ZP. major policy decision , for a merging local government, means a decision— (a) about the appointment of a chief executive officer of the local government; or (b) about the remuneration of the chief executive officer of the local government; or (c) to terminate the employment of the chief executive officer of the local government; or (d) to enter into a contract, other than a contract between the local government and the State or the Commonwealth, the total value of which is more than the greater of the following— (i) $150000; (ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report. merging local government means an existing local government whose local government area is a merging local government area. merging local government area means an existing local government area all or part of which, under this part, is abolished to become part of a new local government area. Note — Existing local government areas part of which, under this part, are abolished to become part of a new local government area are the existing local government areas of Beaudesert Shire Council, Ipswich City Council, Taroom Shire Council, Tiaro Shire Council and Torres Shire Council. new local government means a local government whose area is a new local government area.

s 159YD 139 Local Government Act 1993 s 159YD new local government area see section 159YG. reform implementation regulation see section 159YQ. reform matter means anything that takes effect under division 2. State Transition Committee see section 159ZZ. transferring area means transferring area A, B, C, D, E, F, G, H, I, J, K, L or M. transferring area A means— (a) generally, the northern urban areas of the existing local government area of the Beaudesert Shire Council; and (b) more particularly, the area marked as transferring area A on area map LGTA1. transferring area B means— (a) generally, the southern rural areas, including the Town of Beaudesert and the Tamborine area, of the existing local government area of the Beaudesert Shire Council; and (b) more particularly, the area marked as transferring area B on area map LGTA2. transferring area C means— (a) generally, the Harrisville/Peak Crossing area of the existing local government area of the Ipswich City Council; and (b) more particularly, the area marked as transferring area C on area map LGTA3, edition 2. transferring area D means— (a) generally, all parts of the local government area of the Gold Coast City Council north of the Albert River, including the Beenleigh/Eagleby areas; and (b) more particularly, the area marked as transferring area D on area map LGTA4. transferring area E means—

s 159YD 140 Local Government Act 1993 s 159YD (a) generally, division 1 (the Town of Taroom) of the existing local government area of the Taroom Shire Council; and (b) more particularly, the area shown as division 1 on area map LGB119, edition 1. transferring area F means— (a) generally, division 2 (the Wandoan area) of the existing local government area of the Taroom Shire Council; and (b) more particularly, the area shown as division 2 on area map LGB119, edition 1. transferring area G means— (a) generally, divisions 1 and 2 (the northern area) of the existing local government area of the Tiaro Shire Council; and (b) more particularly, the area shown as divisions 1 and 2 on area map LGB121, edition 2. transferring area H means— (a) generally, division 3 (the Theebine/Gunalda areas) of the existing local government area of the Tiaro Shire Council; and (b) more particularly, the area shown as division 3 on area map LGB121, edition 2. transferring area I means— (a) generally, the areas of Sweers Island and Bountiful Islands; and (b) more particularly, the area marked as transferring area I on area map LGTA5. transferring area J means— (a) an area included in the existing local government area of the Cook Shire Council; and (b) more particularly, the area marked as transferring area J on area map LGTA6. transferring area K means—

s 159YE 141 Local Government Act 1993 s 159YE (a) an area included in the existing local government area of the Cook Shire Council; and (b) more particularly, the area marked as transferring area K on area map LGTA7. transferring area L means the council areas described in the Community Services (Torres Strait) Regulation 1998 , schedule 1A, other than the Bamaga council area and the Seisia council area, to the extent the council areas are part of the existing local government area of the Torres Shire Council. transferring area M means the Bamaga council area and the Seisia council area, as described in the Community Services (Torres Strait) Regulation 1998 , schedule 1A, to the extent the council areas are part of the existing local government area of the Torres Shire Council. transferring area local transition committee , for a transferring area, means a transferring area local transition committee established for the area under section 159YY. transition action plan see section 159Z. transition matter means any matter relevant to the coming into effect or the implementation of a reform matter. transition period , for division 10, see section 159ZU. type 1 election see section 159ZK. type 2 election see section 159ZK. type 3 election see section 159ZK. 159YE Changeover day (1) The changeover day , for a new, adjusted or continuing local government area, is the day that is the conclusion of the last 2008 quadrennial election held for any councillor for the new, adjusted or continuing local government area under division 8. (2) However, the Minister may, by gazette notice, advise an earlier or later day as the changeover day for a particular new, adjusted or continuing local government area.

s 159YF 142 Local Government Act 1993 s 159YF (3) If the Minister advises a later or earlier day as the changeover day for a particular new, adjusted or continuing local government area, a provision of this part that refers to the changeover day for a new, adjusted or continuing local government area applies to the particular new, adjusted or continuing local government area on the basis that its changeover day is the day advised. Division 2 Establishment of new local government areas and adjustments of local government areas Subdivision 1 Preliminary 159YF Operation of sch 1A (1) Each area map mentioned in schedule 1A, in the definition of a transferring area or in a division arrangements regulation— (a) is identified by a map number marked on the map; and (b) may be inspected without fee at the office of the department in Brisbane. Editor’s note — A copy of each area map is also available on the department’s website. (2) A map stated in schedule 1A is fully effective to identify the external boundaries of a new, adjusted or continuing local government even if the map bears a name that is different from the name stated for the local government area in the schedule.

s 159YG 143 Local Government Act 1993 s 159YH Subdivision 2 New local government areas 159YG Establishment of new local government areas (sch 1A, pt 1) (1) A local government area (a new local government area ) is established for the part of the State specified in each area map stated in schedule 1A, part 1, column 3. (2) Each existing local government area is abolished, to the extent the area is the same as an area included in a part of the State mentioned in subsection (1). (3) The establishment of a new local government area under subsection (1), and the corresponding abolition under subsection (2) of any existing local government area and of any part of an existing local government area, takes effect on the changeover day for the new local government area. 159YH Operation of sch 1A, pt 1 Each item of schedule 1A, part 1 lists and describes a new local government on its changeover day as follows— (a) its local government area has the name stated in schedule 1A, part 1, column 1; (b) it is a local government of the class stated in schedule 1A, part 1, column 2; (c) it has the local government area shown in the area map stated in schedule 1A, part 1, column 3; (d) if the entry in schedule 1A, part 1, column 4 states ‘area not divided’, its local government area is not divided into divisions; (e) if the entry in schedule 1A, part 1, column 4 states division numbers— (i) its local government area is divided into divisions that have the division boundaries shown in the area map stated in schedule 1A, part 1, column 3; and

s 159YHA 144 Local Government Act 1993 s 159YI (ii) it has the number of councillors assigned to each division as stated in the entry in schedule 1A, part 1, column 4; (f) if the entry in schedule 1A, part 1, column 4 states ‘divided’— (i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and (ii) it has 1 councillor (other than the mayor) assigned to each division; (g) it has the composition stated in schedule 1A, part 1, column 5. 159YHA Particular entities go out of existence Each merging local government whose local government area is totally abolished under this part goes out of existence immediately the abolition of the local government area is complete. Examples — Calliope Shire Council goes out of existence on the changeover day for the new local government area of Gladstone. Taroom Shire Council goes out of existence on the changeover day for the adjusted local government area of Banana or on the changeover day for the new local government area of Dalby, whichever day is the later. Note — This section does not apply to Ipswich City Council or Torres Shire Council as their respective merging local government areas are not totally abolished under this part. Subdivision 3 Adjusted local government areas 159YI Transfer of transferring areas (1) Transferring area A is excluded from the existing local government area of the Beaudesert Shire Council and is included in the existing local government area of the Logan City Council.

s 159YJ 145 Local Government Act 1993 s 159YJ (2) Transferring area D is excluded from the existing local government area of the Gold Coast City Council and is included in the existing local government area of the Logan City Council. (3) Transferring area E is excluded from the existing local government area of the Taroom Shire Council and is included in the existing local government area of the Banana Shire Council. (4) Transferring area I is included in the existing local government area of the Mornington Shire Council. (5) Transferring area J is excluded from the existing local government area of the Cook Shire Council and is included in the existing local government area of Wujal Wujal Shire Council. (6) Transferring area K is excluded from the existing local government area of the Cook Shire Council and is included in the existing local government area of Hope Vale Shire Council. (7) The exclusion and inclusion of a transferring area under subsections (1), (2), (3), (5) or (6), and the inclusion of a transferring area under subsection (4), takes effect on the changeover day for the adjusted local government area resulting from the exclusion or inclusion. 159YJ Operation of sch 1A, pt 2 (1) Each item of schedule 1A, part 2 lists and describes a local government whose local government area becomes an adjusted local government area because of— (a) any inclusion or exclusion of a transferring area under this subdivision; or (b) the inclusion of a transferring area in the local government area of a new local government under subdivision 2. (2) Each item of schedule 1A, part 2 lists and describes an adjusted local government on its changeover day as follows— (a) its local government area has the name stated in schedule 1A, part 2, column 1;

s 159YK 146 Local Government Act 1993 s 159YK (b) it is a local government of the class stated in schedule 1A, part 2, column 2; (c) it has the local government area shown in the area map stated in schedule 1A, part 2, column 3; (d) if the entry in schedule 1A, part 2, column 4 states ‘area not divided’, its local government area is not divided into divisions; (da) if the entry in schedule 1A, part 2, column 4 states division numbers— (i) its local government area is divided into divisions that have the division boundaries shown in the area map stated in schedule 1A, part 2, column 3; and (ii) it has the number of councillors assigned to each division as stated in the entry in schedule 1A, part 2, column 4; (e) if the entry in schedule 1A, part 2, column 4 states ‘divided’— (i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and (ii) it has 1 councillor (other than the mayor) assigned to each division; (f) it has the composition stated in schedule 1A, part 2, column 5. Subdivision 4 Continuing local government areas 159YK Changes applying to continuing local government areas (1) Each local government area (a continuing local government area ) mentioned in schedule 1A, part 3 is a local government area whose external boundaries are not changed under this division. (2) Each continuing local government area whose existing division and composition arrangements are different from those stated for it in schedule 1A, part 3 is changed to the

s 159YL 147 Local Government Act 1993 s 159YL arrangements for its division and composition as stated for it in the part. (3) Each change under subsection (2) takes effect on the changeover day for the continuing local government area. (4) For completeness, schedule 1A, part 3 includes details of all continuing local government areas, even if their division and composition arrangements are not changed under subsection (2). 159YL Operation of sch 1A, pt 3 Each item of schedule 1A, part 3 lists and describes a continuing local government on its changeover day as follows— (a) its local government area has the name stated in schedule 1A, part 3, column 1; (b) it is a local government of the class stated in schedule 1A, part 3, column 2; (c) it has the local government area shown in the area map stated in schedule 1A, part 3, column 3; (d) if the entry in schedule 1A, part 3, column 4 states ‘area not divided’, its local government area is not divided into divisions; (e) if the entry in schedule 1A, part 3, column 4 states ‘divided’— (i) its local government area is divided into divisions that have the division boundaries shown in an area map stated in a regulation; and (ii) it has 1 councillor (other than the mayor) assigned to each division; (f) it has the composition stated in schedule 1A, part 3, column 5.

s 159YM 148 Local Government Act 1993 s 159YM Subdivision 5 Regulations supporting divisions 2 to 4 159YM Limit of division arrangements regulation (1) A division arrangements regulation must not affect, or purport to change— (a) the name, class, or composition of a new, adjusted or continuing local government as provided for in division 2, 3 or 4 and schedule 1A, part 1, 2 or 3; or (b) the external boundaries of the local government area of a new, adjusted or continuing local government as provided for in division 2, 3 or 4 and schedule 1A, part 1, 2 or 3. (2) Subsection (1) does not prevent the regulation from stating a new area map as the map identifying the external boundaries of a local government area. Example — a later edition of an area map that now includes division boundaries (3) A division arrangements regulation must not be stated to apply to a local government other than a new, adjusted or continuing local government area whose entry in schedule 1A, part 1, 2 or 3, column 4 states ‘divided’. (4) A division arrangements regulation may be included in a reform implementation regulation and need not be specifically identified as being a division arrangements regulation. (5) However, 1 or more division arrangements regulations, providing for all matters required to be provided for under a division arrangements regulation, must be made as soon reasonably practicable after the Minister receives notice of any commissioner’s decision about division boundaries under subdivision 6. (6) The division boundaries for a new, adjusted or continuing local government area provided for in a division arrangements regulation must be the boundaries decided by the commissioner under subdivision 6.

s 159YN 149 Local Government Act 1993 s 159YO (7) Failure to comply with subsection (5) does not affect a regulation’s validity. 159YN Regulation for declaring information about local governments (1) A regulation may at any time, whether before or after the changeover day for any new, adjusted or continuing local government, declare and update relevant information about existing, new, adjusted or continuing local governments. Example — The regulation may identify an area map for a new local government area that takes the place of 2 superseded area maps. (2) In this section— relevant information means information of the type included in schedule 1A. Subdivision 6 Division boundaries for new, adjusted and continuing local government areas 159YO Commissioner to decide division boundaries (1) This section applies in relation to each new, proposed or continuing local government area whose entry in schedule 1A, part 1, 2 or 3, column 4 states ‘divided’. (2) The commissioner must decide the division boundaries to apply for the local government area for the 2008 quadrennial elections. (3) The commissioner must decide the boundaries under subsection (2) as soon as possible, but in any event not later than 15 September 2007. (4) The commissioner must advise the Minister of the commissioner’s decision for each new, adjusted or continuing local government area as soon as possible after the decision is made.

s 159YP 150 Local Government Act 1993 s 159YP (5) Before deciding the division boundaries, the commissioner must— (a) publish a notice in a newspaper circulating generally in the local government area inviting submissions from interested persons about what the boundaries should be; and (b) advise in the notice that submissions must be received within 7 days after the publication of the notice; and (c) consider all submissions received within the time required under paragraph (b). (6) For deciding the divisions of the local government area, the commissioner must— (a) decide the total number of electors for the new, adjusted or continuing local government area on the basis of the enrolment information most recently available to the commissioner; and (b) apply the principles stated in sections 285 and 286(2) for calculating a quota and allowing for departure from the quota. 159YP Review of commissioner’s decision (1) A decision of the commissioner under this division— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside, or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground. (2) Without limiting subsection (1), a person may not bring a proceeding for an injunction or any other order to stop or otherwise restrain the performance of a designated act, or for a declaration about the validity of a designated act. (3) In this section—

s 159YQ 151 Local Government Act 1993 s 159YQ decision includes— (a) conduct engaged in to make a decision; and (b) conduct related to making a decision; and (c) failure to make a decision. designated act means an act of the commissioner, including the act of advising the Minister of a decision under this division, the performance of which is authorised, or purportedly authorised, under this division. Division 3 Implementation of reform matters 159YQ Reform implementation regulations (1) A regulation (a reform implementation regulation ) may be made under this part to support the coming into effect of any reform matter. (2) Part 1, division 10 applies to a reform implementation regulation as if it were a regulation implementing a reviewable local government matter under part 1. (3) However, the following provisions do not apply under subsection (2)— (a) section 157(2)(a), (b) and (j) and (3) to (6); (b) section 158. (4) For applying section 157(2)(g) and schedule 2, definition implementation issues , the reference in the definition to a reviewable local government matter mentioned in section 64(1)(a), (c), (e) or (f) may be taken to be a reference to any reform matter. (5) Without limiting section 157(2)(k) or schedule 2, definition implementation issues , paragraph (e), as applied under subsections (1) to (4), a reform implementation regulation may include provision for any of the following— (a) how and to what extent, from its changeover day— (i) any new local government is the successor of any existing local government; and

s 159YQ 152 Local Government Act 1993 s 159YQ (ii) any adjusted local government is the successor of any existing local government in relation to any transferring area; (b) how and to what extent functions of any existing local governments are, from changeover day for a new or adjusted local government area, to be exercised by the new or adjusted local government or by any other entity; (c) the continuing operation of delegations made by existing local governments; (d) the continuation of employment of employees of existing local governments by new or adjusted local governments; (e) requirements for the preparation of financial statements for existing local governments that under this part are merging local governments or become adjusted local governments and for the auditing of and reporting on the financial statements by the auditor-general; (f) obligations of existing local governments that under this part become adjusted local governments relating to the transition of transferring areas; (g) empowering and directing the Local Government Grants Commission to make decisions about the allocation of employees, assets, liabilities and property of any kind between local governments whose areas have a transferring area included in them or excluded from them; (h) payment by an existing local government or a successor of an existing local government for a failure of the existing local government to adequately supply services and facilities in its local government area in the period between the commencement of this section and the changeover day for a new or adjusted local government; (i) dealing with the custody of records under the control of existing local governments; (j) references in documents to existing local governments; (k) recording in registers kept under any Act the vesting of property affected by the regulation;

s 159YQA 153 Local Government Act 1993 s 159YR (l) dealing with legal proceedings by or against an existing local government. (6) A reform implementation regulation under subsection (5)(g) may direct whether, and if so to what extent, part 3, divisions 3 to 5 applies to the commission for the purposes of making decisions under the regulation. 159YQA Other transitional regulation-making power (1) A regulation (a transitional regulation ) may make provision of a saving or transitional nature for the operation of this Act in relation to a new local government or an adjusted local government if this Act does not make provision or sufficient provision. (2) A transitional regulation may have retrospective operation to a day not earlier than the changeover day. (3) A transitional regulation must declare it is a transitional regulation. Division 4 Local transition committees Subdivision 1 Local transition committees for new local government areas 159YR Establishment and composition of local transition committees for new local governments (1) Each merging local government whose local government area will, on the changeover day for a new local government area, partly or completely, be abolished to form part of the new local government area must take all necessary action to establish a local transition committee for the new local government area as required by this division. (2) The local transition committee for the new local government area must be made up of—

s 159YS 154 Local Government Act 1993 s 159YS (a) representatives of each merging local government, consisting of 2 councillors of the local government, nominated by the local government; and (b) up to 3 union representatives, as agreed by the relevant unions, with each representative being nominated by a relevant union; and (c) after the committee appoints the interim chief executive officer for the new local government—the interim chief executive officer. (3) However, a local transition committee must be made up in the way stated in schedule 1B for each of the following new local government areas— (a) Cassowary Coast Regional Council; (b) Torres Strait Island Regional Council. (4) The local transition committee may from time to time include on the committee, as voting members of the committee, other persons the committee considers are suitable to represent the views of the community within the new local government area. (5) In this section— relevant union means— (a) the Australian Services Union; or (b) the Australian Workers’ Union Queensland; or (c) the Queensland Council of Unions. 159YS Guidelines for local transition committees (1) The chief executive may publish guidelines on the department’s website for the establishment and operation of local transition committees. (2) The guidelines may include the following— (a) particulars about how local transition committees are to be established; (b) explanations about local transition committees’ functions;

s 159YT 155 Local Government Act 1993 s 159YU (c) the establishment and conduct of subcommittees of local transition committees; (d) how interim chief executive officers of local transition committees are to be appointed; (e) explanations about the functions of interim chief executive officers; (f) the content and preparation of transition action plans. (3) If a State Transition Committee has been established, the chief executive must, before publishing the guidelines, consult on the content of the guidelines with the committee. (4) It is the responsibility of each local transition committee, including of each member of a local transition committee, to ensure, to the greatest practicable extent, that the local transition committee acts in conformity with the guidelines. 159YT Responsibility to act in public interest (1) The members of a local transition committee must act in the public interest of the new local government area for which it is established. (2) If, for a member of a local transition committee, a conflict arises between the public interest mentioned in subsection (1) and the member’s private interest, the member must act in a way that gives preference to the public interest. (3) For a member of a local transition committee who is also a councillor, section 229(2) and (3) applies subject to subsection (2). 159YU Functions of local transition committee The functions of a local transition committee for a new local government area are— (a) to appoint an interim chief executive officer for the new local government for the new local government area as provided for in this division; and (b) to oversee the implementation of an approved framework for managing industrial relations and

s 159YV 156 Local Government Act 1993 s 159YV workforce transition in the period leading up to the 2008 quadrennial elections; and (c) to oversee the preparation of a transition action plan; and (d) to inform the local governments required to be represented on the committee, and the community generally, to promote a full understanding of the processes for establishing the new local government; and (e) to approve an interim executive organisational structure for the new local government for the new area; and (f) to provide guidance and support to the local governments required to be represented on the committee for resolving issues in the period leading up to the 2008 quadrennial elections; and (g) to establish financial and administrative arrangements for its own operation. 159YV First meeting of local transition committee and public notification (1) The first meeting of a local transition committee must be held as soon as possible after the commencement of this section. (2) At the first meeting of a local transition committee, the members must elect a member of the committee who is also a councillor to be the chairperson of the committee. (3) A local transition committee must, not later than 30 days after the commencement of this section, notify, in a newspaper circulating generally in the area to become the local government area of the new local government, information about the local transition committee, including the following information— (a) the name of each member of the local transition committee; (b) the name of the chairperson of the local transition committee; (c) contact information for the local transition committee.

s 159YW 157 Local Government Act 1993 s 159YW (4) A local transition committee must, within 7 days after a notice notifying the required information under subsection (3) is published, forward a copy of the notice to the chief executive. 159YW Appointment of interim chief executive officer for new local government (1) A local transition committee for a new local government area must appoint an interim chief executive officer for the new local government for the new area. (2) The appointment must be made as soon as possible after the committee’s first meeting, but in any event, within 30 days after the first meeting. (3) The appointment may be made by way of seconding an employee of a local government required to be represented on the committee to the role of interim chief executive officer. (4) If the interim chief executive officer appointed is an employee of a local government required to be represented on the committee, the local government must continue to employ the person on the terms the committee reasonably requires, even though the person is required to perform functions as interim chief executive officer for the new local government. (5) If the interim chief executive officer appointed is not an employee of a local government required to be represented on the committee, the committee must nominate 1 or more of the local governments to be the employer of the interim chief executive officer. (6) However, for the new local government of Torres Strait Island Regional Council, if the interim chief executive officer appointed is not an employee of a local government required to be represented on the committee, the Island Coordinating Council under the Community Services (Torres Strait) Act 1984 must be the employer of the interim chief executive officer. (7) The nominated local government must employ the person, on the terms the committee reasonably requires, to perform functions as interim chief executive officer for the new local government.

s 159YX 158 Local Government Act 1993 s 159YY 159YX Employment subcommittee (1) Each local transition committee must create, and appoint the members of, an employment subcommittee. (2) An employment subcommittee must consist of— (a) a representative of each union whose members include employees of a local government required to be on the local transition committee; and (b) other persons nominated by the local governments required to be represented on the local transition committee. (3) An employment subcommittee has the function of advising its local transition committee about staffing matters arising because of the implementation of the reform matters. (4) In this section— union means an employee association registered as an organisation under the Industrial Relations Act 1999 . Subdivision 2 Transferring area local transition committees 159YY Establishment and composition of transferring area local transition committees (1) The local governments stated in this section must take all necessary action to establish transferring area local transition committees as provided for in this section. (2) The Logan City Council and the Beaudesert Shire Council must establish a transferring area local transition committee for transferring area A. (3) The Logan City Council and the Gold Coast City Council must establish a transferring area local transition committee for transferring area D. (4) The Banana Shire Council and the Taroom Shire Council must establish a transferring area local transition committee for transferring area E.

s 159YZ 159 Local Government Act 1993 s 159ZA (5) A transferring area local transition committee must be made up in the way stated in schedule 1C. 159YZ Functions of transferring area local transition committee (1) Subdivision 1 applies to a transferring area local transition committee to the greatest practicable extent as if it were a local transition committee established under subdivision 1. (2) Without limiting subsection (1), subdivision 1 applies as if the transition to a new local government area were the transition of a transferring area from 1 local government area to another. (3) However, a transferring area local transition committee must not appoint an interim chief executive officer. Division 5 Transition action plans 159Z Transition action plans for new local government area (1) The interim chief executive officer for each new local government must prepare a plan (a transition action plan ) that provides details of how the transition to the new local government area is to be successfully achieved, including by ensuring that the momentum for the change is maintained and that the new local government is able to act effectively from the changeover day for the new local government area. (2) The interim chief executive officer must prepare the transition action plan in the period between appointment as the interim chief executive officer and the changeover day. (3) In preparing the plan, the interim chief executive officer must consult with the chief executive officers of the merging local governments for the new local government area. 159ZA Guidelines for transition action plans (1) The chief executive may publish on the department’s website guidelines for transition action plans. (2) The interim chief executive officer for a new local government must ensure that the transition action plan prepared by the

s 159ZB 160 Local Government Act 1993 s 159ZB officer is, and is prepared, to the greatest practicable extent in conformity with the guidelines. Division 6 Interim chief executive officers 159ZB Functions of interim chief executive officer before changeover day (1) In the period from the appointment of the interim chief executive officer for a new local government until immediately before the changeover day for the new local government area for the new local government, the interim chief executive officer must oversee all aspects of establishing the new local government. (2) Without limiting subsection (1), the interim chief executive officer must— (a) develop a draft organisational structure for the new local government; and (b) develop and implement a strategy for ensuring staff of the merging local governments are informed about and are able to contribute to the resolution of issues arising in relation to the transition to the new local government; and (c) review and assess existing systems and identify areas of concern for the transition to the new local government; and (d) work collaboratively with the local transition committee of which the interim chief executive officer is a member to ensure there is adequate preparation for the 2008 quadrennial elections for the new local government area; and (e) prepare a proposed interim staffing strategy and budget for the new local government; and (f) for facilitating the transition to the new local government, establish effective communication and consultation processes, including for example with the following—

s 159ZC 161 Local Government Act 1993 s 159ZC (i) councillors of merging local governments; (ii) employees, and organisations representing employees, of merging local governments; (iii) community leaders; (iv) the community generally. (3) The interim chief executive officer has no role or function in relation to the day to day operations of any existing local government, including any existing local government of which the interim chief executive officer was previously the chief executive officer. (4) In addition to the functions of an interim chief executive officer stated in subsections (1) and (2), the interim chief executive officer for each of the new local governments of the Northern Peninsula Area Regional Council and the Torres Strait Island Regional Council must conduct the elections of the members of the community forums for the new local government. 159ZC Responsibility of chief executive officer to help interim chief executive officer (1) The chief executive officer of an existing local government must, as required in this section, take all necessary action to give help to the interim chief executive officer of a new local government in relation to which the existing local government is a merging local government. (2) The chief executive officer must give the interim chief executive officer all the help the interim chief executive officer reasonably needs to perform the officer’s functions, including any help the interim chief executive officer reasonably requires to be given. (3) Without limiting subsection (2), the chief executive officer must act in a timely way to give the interim chief executive officer all financial statements and other financial information relating to the merging local government.

s 159ZD 162 Local Government Act 1993 s 159ZE 159ZD Functions of interim chief executive officer from changeover day (1) On the changeover day for a new local government area, the person who, immediately before the changeover day was the interim chief executive officer for the new local government— (a) becomes the acting chief executive officer of the new local government; and (b) in addition to the officer’s functions as the acting chief executive officer of the new local government, retains all the functions the officer had as the interim chief executive officer; and (c) becomes an employee of the new local government on the same terms and conditions as the officer was employed as the interim chief executive officer. (2) Unless the officer’s employment as acting chief executive officer is otherwise ended, the officer holds the appointment as acting chief executive officer until the new local government appoints a chief executive officer. (3) The new local government must take all reasonable steps to ensure it appoints a chief executive officer within 6 months after the changeover day. Division 7 Employment matters 159ZE Definition for div 7 (1) In this division— employee , of a local government, does not include a person who, in the context of local government employment, is a casual or temporary employee, other than a long term casual or temporary employee, of the local government. (2) In this section— long term casual or temporary employee , of a local government, means a casual or temporary employee of the local government who has been employed by the local government, or by the local government and its predecessor local government, on a regular and systematic basis, for

s 159ZF 163 Local Government Act 1993 s 159ZG several periods of employment, for at least 1 year immediately before the issue arises as to whether the employee is a long term casual or temporary employee. predecessor , of a local government, means an existing local government that, under a reform implementation regulation, is the predecessor of the local government. 159ZF Application of div 7 (1) This division applies to any local government as in existence at any time between the commencement of this section and 16 March 2011. (2) However, this division does not apply to— (a) an existing local government that under this part becomes a continuing local government; or (b) a continuing local government. (3) This division applies to a person as an employee of a local government, other than the chief executive officer of a local government. 159ZG Prohibition on retrenchment because of reform matter implementation (1) A local government must not take any action to end an employee’s employment with the local government if the action is taken, whether completely or partly and whether directly or indirectly, because of the taking effect under this Act of a reform matter. (2) For deciding whether a local government has contravened subsection (1), the reason given by a local government for taking action to end a person’s employment must be considered but is not conclusive. (3) Subsection (1) applies only to an action taken before 16 March 2011. (4) In this section— reform matter includes a matter included in a reform implementation regulation.

s 159ZH 164 Local Government Act 1993 s 159ZH 159ZH Local government workforce transition code of practice (1) The Minister may approve codes of practice ( workforce transition codes of practice ) directed at ensuring the proper transition of local government workforces from any existing local government to any new or adjusted local government as in existence after the changeover day for the new or adjusted local government area. (2) Without limiting subsection (1), a workforce transition code of practice may establish employment terms and conditions for employees, that are consistent with— (a) firstly, the essential principles stated in subsection (3); and (b) secondly, the supporting principles stated in subsection (4). (3) The essential principles are that— (a) service delivery levels should be maintained or enhanced; and (b) as far as possible, the locations at which local government employees perform their work should not be changed. (4) The supporting principles are that— (a) employment security for local government employees should be maximised; (b) local government staff should be retained to the maximum extent achievable; (c) the impact of reform matters on local government employees should be minimised; (d) there should be maximum employee involvement in the implementation of the reform matters as they affect employees; (e) contracts of employment should be honoured; (f) there should be maximum support given to employees; (g) employees should be treated fairly and with respect; (h) merit and equity should apply in all appointments;

s 159ZI 165 Local Government Act 1993 s 159ZJ (i) there should be prompt and sensitive dispute resolution; (j) there should be no overall loss of employment across the local government employment sector; (k) there should be no overall reduction in working conditions for any employee; (l) there should be no overall disadvantage to an employee in relation to the employee’s working conditions. (5) It is the responsibility of each local government to ensure, to the extent a workforce transition code of practice applies to the local government, that the local government acts in conformity with the code of practice. (6) A workforce transition code of practice, whether made before or after the commencement of this subsection, is not subordinate legislation, but is a statutory instrument. 159ZI When workforce transition code of practice takes effect (1) The Minister must notify the making of a workforce transition code of practice. (2) A workforce transition code of practice takes effect— (a) on the day the Minister’s notice is notified or published in the gazette; or (b) if a later day is stated in the Minister’s notice or the workforce transition code of practice—on that day. (3) A notice mentioned in subsection (2) is subordinate legislation. Division 8 2008 quadrennial elections for all local government areas 159ZJ Quadrennial elections in 2008 to be held on 15 March instead of 29 March (1) For 2008, and despite section 269(2), the date for the holding of each quadrennial election is 15 March 2008.

s 159ZK 166 Local Government Act 1993 s 159ZL (2) A different date may be fixed by regulation under section 269(3) for all quadrennial elections, or for 1 or more particular quadrennial elections, to be held in 2008. 159ZK Holding of 2008 quadrennial elections (1) The 2008 quadrennial elections for the mayors and councillors of all new, adjusted and continuing local governments must be held under chapter 5 — (a) as if all reform matters took effect on the commencement of this section; and (b) subject to any requirements of this part applying to the elections; and (c) subject to any necessary changes, including any changes stated in this part, about the way chapter 5 applies to the elections. (2) Each 2008 quadrennial election for a new local government is a type 1 election . (3) Each 2008 quadrennial election for an adjusted local government is a type 2 election . (4) Each 2008 quadrennial election for a continuing local government is a type 3 election . (5) The exclusion, under the Local Government (Community Government Areas) Act 2004 , section 11(2), of the application of chapter 5 to a community government area or the community government for an area has no effect for the 2008 quadrennial elections. 159ZL Conduct of 2008 quadrennial elections by electoral commission (1) The 2008 quadrennial elections of the mayor and other councillors for all new, adjusted and continuing local governments must be conducted by the electoral commission. (2) For the elections, the commissioner is to be known as the chief returning officer. (3) The chief returning officer has overall responsibility for the proper conduct of the 2008 quadrennial elections.

s 159ZM 167 Local Government Act 1993 s 159ZM (4) A returning officer’s responsibility for the proper conduct of an election is subject to subsection (3) and the further provisions of this section. (5) The chief returning officer may appoint and employ the returning officer and assistant returning officers for each election. (6) However, the chief returning officer may— (a) perform or exercise any of the functions of a returning officer appointed and employed under subsection (4) instead of the returning officer; and (b) give any reasonable directions to a returning officer or assistant returning officer about the performance of the officer’s functions. (7) Without limiting subsection (6), the chief returning officer may— (a) decide the places at which nominations are to be received; and (b) take any necessary action, including requiring the help of a local government, to ensure the proper conduct of the 2008 quadrennial elections. (8) The chief executive officer of a local government must give all the help the chief returning officer reasonably requires, including providing access to and use of facilities of the local government. (9) The chief returning officer may approve forms for use under this Act for the purposes of the conduct of the 2008 quadrennial elections. 159ZM Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils For applying section 220(1)(a) to the local government areas of the Northern Peninsula Area Regional Council and the Torres Strait Island Regional Council— (a) a person is qualified to become a councillor, other than the mayor, of the Northern Peninsula Area Regional

s 159ZN 168 Local Government Act 1993 s 159ZN Council only if the person lives in the particular division for which the person is to be a candidate; and (b) a person is qualified to become a councillor, including the mayor, of the Torres Strait Island Regional Council only if the requirements stated in part 1C, division 2 in relation to the application of sections 220 and 254 are complied with. 159ZN Other changes to ch 5 for type 1, 2 and 3 elections (1) For applying section 271 for a type 1, type 2 or type 3 election, a new, adjusted or continuing local government, or an existing local government, must, to the extent and at the times the Minister directs, reimburse the State for all costs reasonably incurred, including by the electoral commission, in conducting the election. (2) Sections 272 and 273 do not apply. (3) For a type 1 election, the chief returning officer must choose and publicly notify an office (the election office ) for the new local government for the election. (4) The election office for the new local government need not be the public office of an existing local government. (5) An election office notified under subsection (3) becomes the public office of the new local government for the purposes of the application of chapter 5 to the election. (6) For applying section 304(2) for a type 1, type 2 or type 3 election, a deposit must be held in the trust fund of the electoral commission. (7) A deposit to be dealt with under section 314(3) must be paid in to the operating fund of the relevant new, adjusted or continuing local government. (8) No action is required to be taken under chapter 5, part 5 for any type 1, type 2 or type 3 election. Note — Division 2 provides for the division of new, adjusted and continuing local government areas into divisions.

s 159ZO 169 Local Government Act 1993 s 159ZQ 159ZO Changed references to particular matters For applying section 441B, the reference to the chief executive officer of a local government is, for a type 1 election, taken to be a reference to— (a) until a returning officer is appointed for the election—the interim chief executive officer of the new local government; and (b) after a returning officer is appointed—the returning officer for the election. Division 9 State intervention powers 159ZP Definition for div 9 In this division— local transition committee includes a transferring area local transition committee. 159ZQ Giving of directions under div 9 (1) This division provides for the giving of directions by the Minister and by the chief executive. (2) A direction may be given under this division only if the entity exercising the power is satisfied on reasonable grounds of either or both of the following— (a) the giving of the direction is in the best interests of achieving the proper and efficient implementation of a reform matter; Example — The Minister or chief executive is satisfied on reasonable grounds that a local transition committee is not able to perform its functions. (b) if the direction is not given, there is a real possibility that the proper and efficient implementation of a reform matter will not happen.

s 159ZR 170 Local Government Act 1993 s 159ZS (3) A direction may be given under this division before or after the changeover day for a new or adjusted local government area. (4) This division applies to a continuing local government after the changeover day for the local government. 159ZR Directions by chief executive The chief executive may do any of the following— (a) direct a local government, a local transition committee, an interim chief executive officer, an acting chief executive officer or a chief executive officer, to give the chief executive information about a transition matter; (b) direct that a meeting of a local transition committee or another group of persons be convened; (c) direct an employee of a local government to take particular action about a transition matter, including, for example— (i) to perform an action that a provision of this part or a reform implementation regulation requires the local government or anyone else to perform; or (ii) to take an action that is consistent with the fulfilling of a responsibility imposed on the local government under this part or a reform implementation regulation. 159ZS Powers of Minister The Minister may do any of the following— (a) despite any requirement in this part for the composition of a local transition committee, direct a change in the composition of a local transition committee; (b) without limiting paragraph (a)— (i) direct that a single individual is to act in the place of a local transition committee either generally or for a particular purpose, including for example, to complete a transition action plan; or

s 159ZT 171 Local Government Act 1993 s 159ZU (ii) direct that a new group of persons is to form a local transition committee in the place of an existing group; (c) subject to any reform implementation regulation and to any decision of the Local Government Grants Commission under this part, give directions about the allocation of employees, assets, liabilities and property of any kind between local governments whose local government areas have a transferring area included in them or excluded from them; (d) direct that particular functions do not apply to, and may not be performed by, a stated local transition committee. 159ZT Compliance with direction (1) A person or local government given a direction by the Minister or chief executive under this division must comply with the direction. (2) If a person or local government contravenes subsection (1), the chief executive may direct an officer or employee of the department, or another person, to take all necessary action to ensure that the direction is effectively complied with. (3) An officer or employee given a direction under subsection (2) has all the powers of the person or local government that contravenes subsection (1) necessary for ensuring the direction is effectively complied with. Division 10 Special arrangements for transition period 159ZU Definition for div 10 In this division— transition period , for a merging local government, means the period— (a) starting on the commencement of this section; and

s 159ZV 172 Local Government Act 1993 s 159ZW (b) ending on the day immediately before the start of the caretaker period for the election for the new local government in relation to which the local government is a merging local government. 159ZV Application of div 10 This division applies to a merging local government only if it does not become an adjusted local government under this part. Note — Accordingly, this division does not apply to Ipswich City Council or Torres Shire Council. 159ZW Prohibition on major policy decision in transition period (1) A merging local government must not make a major policy decision in the transition period for the local government (2) However, if the local government considers that, having regard to exceptional circumstances that apply, it is necessary to make the major policy decision, the local government must notify the Minister of the making of the decision and the nature of the exceptional circumstances. (3) The Minister may, within 7 days after receiving notice of the making of the major policy decision, revoke the decision if the Minister is not satisfied that, having regard to exceptional circumstances that apply, it is necessary for the local government to make the decision. (4) This section applies despite chapter 6, part 3. (5) To remove any doubt, it is declared that a major policy decision for a merging local government does not include a decision about the appointment of a person to act as the chief executive officer of the local government until the changeover day for the new local government area that includes all or part of the local government area of the merging local government.

s 159ZX 173 Local Government Act 1993 s 159ZZA 159ZX Invalidity of major policy decision in transition period if decision revoked (1) A major policy decision made by a merging local government in the transition period for the local government is invalid if the Minister revokes the local government’s decision under this division. (2) A contract is void if it is the subject of a major policy decision that is invalid. (3) A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2), has a right to be compensated by the local government for the loss or damage. (4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction. Division 11 Miscellaneous 159ZZ State Transition Committee (1) The chief executive may appoint an advisory committee (the State Transition Committee ) to provide oversight in relation to the implementation of transition matters. (2) The committee may include officers of the department, councillors of local governments and other persons the chief executive decides. (3) The chief executive may decide all matters about the establishment and operation of the committee. 159ZZA Expiry of pt 1B This part expires at the end of 31 December 2011 or at an earlier time fixed under a regulation.

s 159ZZB 174 Local Government Act 1993 s 159ZZD Part 1C Particular provisions for implementation of reform matters for indigenous regional councils Division 1 Preliminary 159ZZB Application of pt 1B definitions Words defined for part 1B have the same meaning in this part. 159ZZC Definitions for pt 1C In this part— NPARC means the new local government known as the Northern Peninsula Area Regional Council. TSIRC means the new local government known as the Torres Strait Island Regional Council. Division 2 Torres Strait Island Regional Council 159ZZD Particular entities go out of existence (1) On the changeover day for the Torres Strait Island Region, each relevant entity, as in existence immediately before the changeover day, goes out of existence. (2) In this section— relevant entity means each Island council under the repealed Torres Strait Act, other than the Island councils for the following council areas under that Act— (a) Bamaga council area; (b) Seisia council area.

s 159ZZE 175 Local Government Act 1993 s 159ZZF 159ZZE TSIRC jurisdiction extends to Island custom In exercising the jurisdiction of local government under section 25, TSIRC may take account of Island custom. 159ZZF Changed application of ss 220 and 254 (1) For applying section 220(1) to the local government area of TSIRC, including for the 2008 quadrennial elections— (a) a person is qualified to become a councillor, other than the mayor, of TSIRC only if— (i) the person is a Torres Strait Islander or an Aborigine; and (ii) the person, on the nomination day for the election, has lived in the particular division for which the person is to be a candidate for the 2 years immediately preceding the nomination day; and (b) a person is qualified to become the mayor of TSIRC only if— (i) the person is a Torres Strait Islander or an Aborigine; and (ii) the person, on the nomination day for the election, has lived in the local government area of TSIRC for the 2 years immediately preceding the nomination day. (2) For applying section 254 to the local government area of TSIRC, a person is qualified to be appointed as the mayor or other councillor of TSIRC only if— (a) the person is a Torres Strait Islander or an Aborigine; and (b) on the day of the appointment, the person would be qualified to be nominated for election if the day of the appointment were the nomination day for an election.

s 159ZZG 176 Local Government Act 1993 s 159ZZH Division 3 Northern Peninsula Area Regional Council 159ZZG Particular entities go out of existence (1) On the changeover day for the Northern Peninsula Area Region, each relevant entity, as in existence immediately before the changeover day, goes out of existence. (2) In this section— relevant entity means— (a) each of the Island councils under the repealed Torres Strait Act for the following council areas under that Act— (i) Bamaga council area; (ii) Seisia council area; and (b) each of the community governments under the Local Government (Community Government Areas) Act 2004 for the following community government areas under that Act— (i) Injinoo; (ii) New Mapoon; (iii) Umagico. 159ZZH NPARC jurisdiction extends to Aboriginal tradition and Island custom (1) In exercising the jurisdiction of local government under section 25, NPARC may take account of— (a) in relation to the relevant Aboriginal areas—Aboriginal tradition; and (b) in relation to the relevant Torres Strait areas—Island custom. (2) In this section— relevant Aboriginal area means each of the following community government areas under the Local Government

s 159ZZI 177 Local Government Act 1993 s 159ZZJ (Community Government Areas) Act 2004 , immediately before the changeover day for NPARC— (a) Injinoo; (b) New Mapoon; (c) Umagico. relevant Torres Strait area means the area that, immediately before the changeover day for NPARC, was the Bamaga or Seisia council area under the repealed Torres Strait Act. Division 4 Indigenous regional councils generally Subdivision 1 Community forums 159ZZI Function of community forum (1) A community forum established under this subdivision has the function of advising its indigenous regional council about the following— (a) planning, including land use planning; (b) service delivery; (c) culture. (2) An indigenous regional council must not establish any other body to perform the functions of a community forum. 159ZZJ Establishing community forums (1) The Minister must establish a group of persons (a community forum ) for each division into which the local government area of an indigenous regional council is divided for electoral purposes. (2) In deciding, subject to subsections (3) and (4), the name of each community forum and its number of members, the Minister must seek the advice of—

s 159ZZK 178 Local Government Act 1993 s 159ZZK (a) for the first community forum—the local transition committee for the new local government area of the indigenous regional council; or (b) otherwise—the indigenous regional council. (3) Each community forum must have— (a) at least 3, but not more than 7, ordinary members, qualified as prescribed under a regulation; and (b) a chairperson who is the councillor for the division for which the community forum is established. (4) A community forum must be called ‘... ( insert name of division or other distinguishing title) ... Community Forum’. (5) Any processes in relation to establishing a community forum, including electing ordinary members of the community forum and filling casual vacancies, must be carried out in accordance with a regulation. (6) The election of the ordinary members of a community forum must be held at the time, provided for under a regulation, that is at the same time as, or is as close as practicable to, the quadrennial elections for the community forum’s indigenous regional council. (7) An ordinary member of a community forum holds office until the completion of the next election of the ordinary members of the forum that happens after the election at which the ordinary member was elected. (8) Subject to the requirements of this section, including a regulation under subsection (5), a community forum’s indigenous regional council must decide all matters necessary for the operation of the forum. (9) The Minister must publish in the gazette the name of each community forum and the names of its members. 159ZZK Mayor or mayoral candidate ineligible for community forum membership A person is not qualified to be elected as an ordinary member of a community forum if the person is—

s 159ZZL 179 Local Government Act 1993 s 159ZZM (a) if the election for the ordinary members of the community forum happens at the same time as an election for the mayor of the community forum’s indigenous regional council—a candidate for election as mayor of the council; or (b) otherwise—the mayor of the community forum’s indigenous regional council. 159ZZL Payment of expenses to ordinary members of community forum (1) An ordinary member of a community forum is not entitled to payment of any remuneration. (2) However, an indigenous regional council may authorise— (a) the payment to the ordinary members of a community forum of the expenses incurred, or to be incurred, by the members; or (b) the provision of facilities to the ordinary members of a community forum. 159ZZM Community forum convenor (1) The indigenous regional council must, for each community forum, appoint a qualified person as the convenor for the community forum. (2) A councillor, including the mayor, of the indigenous regional council can not be appointed as the convenor of a community forum. (3) The same person may be appointed as convenor for 2 or more community forums if the indigenous regional council is satisfied the person can effectively exercise the convenor’s functions for the 2 or more community forums. (4) The convenor for a community forum— (a) may be appointed on a full time or part time basis; and (b) may perform functions for the indigenous regional council in addition to the convenor’s functions as a convenor.

s 159ZZN 180 Local Government Act 1993 s 159ZZO (5) The terms and conditions of appointment of the convenor are decided by the indigenous regional council. (6) The person appointed as convenor for a community forum must not also be an ordinary member or the chairperson of the forum. (7) The convenor is otherwise taken to be a member of the forum, but may not vote as a member at meetings of the forum. (8) In this section— qualified means having experience in the administration of land. 159ZZN Functions of community forum convenor The convenor for a community forum has the following functions— (a) to facilitate the meetings of the community forum; (b) to report the decisions of the forum to the indigenous regional council; (c) to provide necessary administrative support to the community forum. 159ZZO Meetings open to public (1) All meetings of a community forum, including of a community forum constituted as a land panel under subdivision 2, must be open to the public. (2) The convenor of the community forum must give public notice, within the division for which the community forum is established, of the time and date of each meeting at least 7 days before the meeting takes place.

s 159ZZP 181 Local Government Act 1993 s 159ZZQ Subdivision 2 Management of community deeds of grant in trust 159ZZP Indigenous regional council as trustee of community deed of grant in trust (1) An indigenous regional council, as the trustee of community deeds of grant in trust, must separately constitute itself to perform its functions as the trustee. (2) The trustee, must, to the greatest practicable extent, establish formal arrangements for advising the indigenous regional council, in its capacity as a local government, of matters relating to trust land. (3) The indigenous regional council must establish arrangements for the keeping of any trustee accounts, but the trustee must otherwise keep separate records for all matters relating to community deeds of grant in trust. (4) Meetings of the trustee must be convened and conducted as separate meetings from meetings of the indigenous regional council. (5) Subsections (2) to (4) do not limit subsection (1). 159ZZQ Restrictions on exercise of indigenous regional council’s powers as trustee under Land Act (1) The requirements applying under this subdivision to the trustee of a community deed of grant in trust are additional to all requirements applying under the Land Act 1994 and any other law. Example of other law — Aboriginal and Torres Strait Islanders (Land Holding) Act 1985 (2) However, the ability of the trustee to manage land the subject of the deed of grant in trust under the Land Act 1994 or this Act is not otherwise affected. (3) Nothing in this division is intended to affect the status that any land has under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 .

s 159ZZR 182 Local Government Act 1993 s 159ZZT 159ZZR Mayor does not vote at meetings of trustee (1) Meetings of the trustee of a community deed of grant in trust are chaired by the mayor of the indigenous regional council that is the trustee. (2) However the mayor is not entitled to a vote on any matter arising at a meeting of the trustee, including on any trustee decision. 159ZZS Community forum constituted as land panel (1) A community forum must separately constitute itself as a land panel in relation to any community deed of grant in trust whose trust land is within the division for which the community forum is established. (2) The land panel has the separate function of advising the trustee of the community deed of grant in trust in relation to all matters arising about trust land the subject of the deed of grant in trust. (3) The chairperson of the community forum is also the chairperson of the land panel. (4) The Minister may decide the name of the land panel, but a land panel must be called ‘... ( insert name of division or other distinguishing title) ... Land Panel’. (5) In deciding, subject to subsection (4), the name of the land panel, the Minister must seek the advice of the trustee. (6) Subject to the requirements of this section, the trustee must decide all matters necessary for the operation of the land panel. (7) The Minister must publish in the gazette the name of each land panel and the names of its members. 159ZZT Convenor for land panel The convenor for a community forum that is also a land panel is also the convenor for the land panel.

s 159ZZU 183 Local Government Act 1993 s 159ZZV 159ZZU Functions of convenor for land panel The convenor for a land panel has the following functions— (a) to the greatest practicable extent, to ensure the land panel operates in an effective and efficient way; (b) if asked by the trustee of the community deed of grant in trust for which the land panel is constituted, to help the trustee to manage the trustee’s responsibilities— (i) under the Land Act 1994 ; and (ii) under any other Act that applies to the trustee; (c) to facilitate the meetings of the land panel; (d) to report the decisions of the land panel to the trustee; (e) to provide necessary administrative support to the land panel; (f) to facilitate the attendance of the local community at meetings of the land panel; (g) to communicate the trustee’s views, information and requests about land matters to the land panel, and the land panel’s views, information and requests about land matters to the trustee; (h) other functions decided by the trustee by resolution. 159ZZV Trustee decisions Requirements stated under this subdivision apply to the trustee of a community deed of grant in trust for any of the following decisions (each a trustee decision ) in relation to the trust land under the deed of grant in trust— (a) any decision relating to the creation of an interest in the trust land; Example — a decision under the Land Act 1994 to lease the trust land, to amend a trustee lease over the land, to approve the transfer, mortgage or sublease of a trustee lease or to issue a trustee permit (b) any decision to establish an improvement on the trust land;

s 159ZZW 184 Local Government Act 1993 s 159ZZW (c) any other decision in relation to the trust land that the trustee by resolution decides is a decision to which this section applies. 159ZZW Land panel participation in making of trustee decision (1) When a trustee decision is to be made in relation to a community deed of grant in trust, the trustee must give written notice of its intention to make the decision to the land panel for the division that is the subject of the community deed of grant in trust. (2) The written notice must give the land panel reasonably sufficient information about the trustee decision to be made, and reasonably sufficient time, to allow the land panel to form a view on what the decision should be. (3) The land panel must within a reasonable time give written notice to the trustee, advising the trustee of what the land panel thinks the decision should be. (4) The convenor for the land panel must keep the trustee informed of the progress of the land panel towards deciding what to advise the trustee. (5) When the trustee makes the trustee decision, the trustee must have regard to any advice received from the land panel. (6) Subsections (7) and (8) apply if— (a) the trustee makes its trustee decision; and (b) the decision is not consistent with the advice received from the land panel under this section. (7) The trustee must give the land panel written notice of the reasons for its decision. (8) If the land panel advises the trustee, or gives advice to the trustee to the effect, that it does not support the trustee’s decision, the trustee must take reasonable steps to make the reasons publicly available.

s 159ZZX 185 Local Government Act 1993 s 159ZZX 159ZZX Special requirements for absolute majority and for agreement of councillor for relevant division (1) This section states 2 special requirements for an effective trustee decision. (2) Firstly, to have effect, a trustee decision must have the agreement of a majority of the councillors (other than the mayor) of the indigenous regional council that is the trustee, regardless of how many councillors take part in the meeting that makes the decision. Example — If the trustee is TSIRC, the number of votes needed would be 8, regardless of how many attend the meeting. (3) Secondly, and subject to subsections (5) to (7), to have effect, a trustee decision must have the agreement of the councillor (the relevant councillor ) for the division that is the subject of the community deed of grant in trust. (4) For subsection (3), it does not matter whether the agreement of the relevant councillor is given as part of the majority vote of the trustee or is in some other way clearly communicated to the trustee. (5) The trustee must take all reasonable steps to ensure that the relevant councillor is able to vote on, or otherwise communicate the councillor’s agreement or disagreement with, the trustee decision. (6) If, despite the trustee’s reasonable steps under subsection (5), the relevant councillor does not participate in the trustee decision either by vote or by communication of agreement or disagreement, the trustee— (a) may proceed to decide what the trustee decision is proposed to be; and (b) must advise the land panel of which the relevant councillor is the chairperson of its proposed decision; and (c) must give the land panel a reasonable opportunity to state its views on the proposed decision.

s 159ZZY 186 Local Government Act 1993 s 159ZZZ (7) If the land panel does not advise its views to the trustee within a reasonable time, the trustee may nevertheless proceed to make the trustee decision. 159ZZY Seeking advice and views other than about trustee decision (1) The trustee of a community deed of grant in trust may, by resolution, refer a matter, other than a trustee decision, about land to a land panel to obtain its advice. (2) The trustee must allow the land panel a reasonable time to provide its advice. 159ZZZ Meetings of trustee to be open to the public unless otherwise resolved (1) All meetings of the trustee of a community deed of grant in trust must be open to the public unless the trustee has resolved under this section that the meeting be closed to the public. (2) A trustee, may resolve that a meeting mentioned in subsection (1) be closed to the public if the trustee considers it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the trustee’s budget; or (d) contracts proposed to be made by the trustee; or (e) starting or defending legal proceedings involving the trustee; or (f) other business for which a public discussion would be likely to prejudice the interests of the trustee or someone else, or enable a person to gain a financial advantage. (3) A resolution that a meeting be closed must specify the nature of the matters to be considered while the meeting is closed. (4) The trustee must not make a resolution (other than a procedural resolution) in a closed meeting.

s 159ZZZA 187 Local Government Act 1993 s 159ZZZC 159ZZZA Grouping of trust land not available The chief executive under the Land Act 1994 must not approve the grouping of trust land under the Land Act 1994 , section 62, if any of the trust land is the subject of a community deed of grant in trust. Subdivision 3 Other matters 159ZZZB Extended jurisdiction For an indigenous regional council, the jurisdiction of local government under section 25 includes to make local laws for, and to otherwise ensure the promotion, maintenance and regulation, in its local government area, of— (a) peace and order; and (b) the delivery of services appropriate to the social needs of its communities. 159ZZZC Additional reasons for appointment of financial controller Without limiting section 188B, the Minister may recommend the Governor in Council act under section 188B(1) in relation to an indigenous regional council if the Minister is satisfied on reasonable grounds that the indigenous regional council— (a) has made a disbursement from a fund that is not provided for in the indigenous regional council’s budget; or (b) has made a disbursement from grant moneys for a purpose other than the purpose for which the grant was given; or (c) has failed to implement adequate financial management strategies for the funds under its control.

s 159ZZZD 188 Local Government Act 1993 s 159ZZZD 159ZZZD Revocation or suspension of particular resolutions or orders (1) This section applies to an indigenous regional council in addition to section 188D. (2) A financial controller for an indigenous regional council may, by written notice to the indigenous regional council’s chief executive officer— (a) revoke, or suspend the operation of, a resolution of the council or an order issued by the council to give effect to a resolution; and (b) end the suspension of the resolution or order. (3) However, the financial controller may revoke or suspend a resolution or order under subsection (1) only if the financial controller reasonably believes— (a) the resolution or order will result in unlawful expenditure by the indigenous regional council; or (b) the resolution or order will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) the resolution or order will cause the indigenous regional council to become insolvent. (4) The notice must state the reasons for the revocation or suspension. (5) The suspension may be for a stated period or indefinite. (6) A resolution or order that is revoked under this section— (a) ceases to have effect on the day stated in the notice to the indigenous regional council’s chief executive officer; or (b) if no day is stated—is taken never to have had effect. (7) A resolution or order of an indigenous regional council the operation of which is suspended under this section does not have effect while it is suspended. (8) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the

s 159ZZZE 189 Local Government Act 1993 s 159ZZZI revocation or suspension of an indigenous regional council’s resolution or order under this section. 159ZZZE Councillor to chair community forum (1) This section applies to a person who is a councillor of an indigenous regional council in addition to section 229. (2) The person must chair the community forum, and any land panel, for the division for which the person is the councillor. 159ZZZG Power of indigenous regional council to make and levy charge on residents (1) An indigenous regional council may, by resolution, make and levy a charge on residents of residential premises in its local government area. (2) However, the indigenous regional council may exempt a resident from payment of a charge under subsection (1). (3) Without limiting subsection (2), the indigenous regional council may give an exemption if another amount is payable to the indigenous regional council in relation to the premises. (4) This section does not limit section 973. 159ZZZH Limited application of ch 14 Chapter 14 does not apply to an indigenous regional council, or to the local government area of an indigenous regional council, to the extent that its application relies on the valuation of land under the Valuation of Land Act 1944 . 159ZZZI Disposal of land (1) Chapter 6, part 3, division 3 does not apply to the disposal of land, or an interest in land, the subject of a deed of grant in trust of which an indigenous regional council is the trustee. (2) For applying section 492(1)(a) to any other land or interest in land of an indigenous regional council, the exemption from section 491 is taken to include an exemption for the disposal of the land or interest to persons whose restored enjoyment of

s 160 190 Local Government Act 1993 s 160 the land or interest would be consistent with Aboriginal tradition or Island custom. Note — Under transitional arrangements, chapter 6, part 3 applies to an indigenous regional council only to the extent a regulation states that it applies. See chapter 19, part 14. Part 2 Intervention by the State Division 1 Powers of intervention 160 Procedures before exercise of certain powers (1) Before the Governor in Council or Minister exercises a power under this division in relation to a local government, the Minister must give written notice of the proposed exercise of the power to the local government. (2) However, notice need not be given if— (a) the power is proposed to be exercised at the local government’s request; or (b) in the Minister’s opinion, giving notice— (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state— (a) the reasons for the proposed exercise of power; and (b) a time within which the local government may make submissions to the Minister about the proposed exercise of power. (4) Reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the local government within the specified time.

s 161 191 Local Government Act 1993 s 163 (6) If— (a) the proposed exercise of power is to proceed despite submissions of the local government; or (b) no submissions of the local government are received by the Minister within the specified time; the power may be exercised without further notice to the local government. 161 Revocation and suspension of resolutions and orders (1) The Governor in Council may, by regulation— (a) revoke, or suspend the operation of, a resolution of a local government or an order issued by a local government to give effect to a resolution; and (b) end the suspension of the resolution or order. (2) The suspension may be for a specified period or indefinite. 162 Effect of revocation or suspension (1) A resolution or order of a local government that is revoked by regulation— (a) ceases to have effect on the day specified by the regulation; or (b) if no day is specified—is taken never to have had effect. (2) A resolution or order of a local government whose operation is suspended by a regulation does not have effect while it is suspended. (3) The State is not legally liable for any loss or expense incurred by a person because of the revocation or suspension by regulation of a local government’s resolution or order. 163 Overruling local laws and subordinate local laws etc. (1) The Governor in Council may, by regulation, declare that a local law or subordinate local law, or a provision of a local law or subordinate local law, ceases to have effect, if the

s 164 192 Local Government Act 1993 s 165 Governor in Council is of the opinion that it is necessary to make the declaration to protect State interests. (2) The Governor in Council may, by regulation, later declare that the local law, subordinate local law or provision again has effect, if the Governor in Council is of the opinion that it is no longer necessary for the declaration under subsection (1) to continue to have effect to protect State interests. 164 Dissolution of local government (1) The Governor in Council may, by regulation, dissolve a local government if the Minister is satisfied that the local government— (a) has acted unlawfully or corruptly; or (b) has acted in a way that puts at risk its capacity to exercise properly its jurisdiction of local government; or (c) is incompetent or can not properly exercise its jurisdiction of local government. (2) Subsection (1) is subject to the Constitution of Queensland 2001 , chapter 7, part 2. (3) If the Legislative Assembly ratifies the dissolution of the local government under subsection (1)— (a) the local government’s councillors go out of office; and (b) the local government continues in existence and continues to be constituted by the local government’s administrator. 165 Exclusion of part of local government area from Act (1) The Governor in Council may, by regulation, declare that this Act does not apply to a specified part of a local government’s area. (2) On the making of the declaration, the local government’s local laws and subordinate local laws cease to apply to the specified part of its area.

s 166 193 Local Government Act 1993 s 167 (3) The Governor in Council may, by regulation, later declare that this Act again applies to the specified part of the local government’s area. (4) On the making of the declaration, the local government’s local laws and subordinate local laws again apply to the specified part of its area. (5) Subsections (2) and (4) do not limit by implication the effect of a declaration under this section. (6) In this section— local law includes a planning scheme. 166 Abolition of joint local government and its area (1) The Governor in Council may, by regulation, abolish a joint local government and its area. (2) A regulation may provide for— (a) the apportionment of the joint local government’s assets and liabilities among its component local governments; and (b) any other matter for which it is necessary or convenient to make provision on the dissolution of the joint local government. Division 2 Inquiries, investigations and inspections 167 Inquiries, investigations and inspections by authorised persons (1) The chief executive of the department may appoint an officer of the department or another appropriately qualified person (an authorised person ) to conduct an inquiry, investigation or inspection about— (a) the functioning of local government in the State; or (b) any matter relevant to the administration of this Act.

s 168 194 Local Government Act 1993 s 170 (2) However, subsection (1) does not permit the chief executive to appoint a person to conduct an inquiry, investigation or inspection about a reviewable local government matter. (3) A local government must cooperate fully with an inquiry, investigation or inspection by a person appointed under subsection (1). 168 Reports on inquiries, investigations and inspections (1) When an authorised person has completed the inquiry, investigation or inspection for which the person was appointed, the authorised person must, as quickly as possible, give the chief executive of the department a written report on the inquiry, investigation or inspection. (2) The Minister may table a copy of the report in the Legislative Assembly. 169 Chief executive may request information from local government (1) The chief executive of the department may, by written notice, request a local government to give to the chief executive information in writing about anything within its jurisdiction of local government. (2) The request must specify a reasonable time within which the information must be given to the chief executive. (3) The local government must comply with the request. Maximum penalty for subsection (3)—35 penalty units. Division 3 Conduct of inquiries 170 Authorised person’s duties on inquiry When conducting an inquiry, an authorised person— (a) must observe natural justice; and

s 171 195 Local Government Act 1993 s 173 (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. 171 Authorised person may decide procedures (1) The authorised person— (a) is not bound by the rules of evidence; and (b) may inform himself or herself in any way the authorised person considers appropriate; and (c) may decide the procedures to be followed at the inquiry. (2) However, the authorised person must comply with this division and any procedural rules prescribed by regulation. 172 Public may attend The authorised person must allow members of the public to attend the inquiry. 173 Authorised person’s powers on inquiry (1) In conducting the inquiry, the authorised person may— (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or affirmation or by statutory declaration; and (c) adjourn the inquiry; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and (f) permit or refuse to permit a person (including a legal practitioner enrolled in Queensland or elsewhere) to represent someone else at the inquiry. (2) The authorised person may administer an oath or affirmation to a person appearing as a witness before the inquiry.

s 174 196 Local Government Act 1993 s 176 174 Notice to witness (1) The authorised person may, by written notice given to a person, require the person to attend at a specified time and place to give evidence or produce specified documents. (2) A person who is given a notice must— (a) attend as required by the notice; and (b) continue to attend as required by the authorised person until excused from further attendance. Maximum penalty—35 penalty units. (3) A person required to appear as a witness before an inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the authorised person. 175 Duty of witness at inquiry (1) A person appearing as a witness at the inquiry must not— (a) fail to take an oath or make an affirmation when required by the authorised person; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the authorised person; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 174(1). Maximum penalty—35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 176 Contempt of authorised person A person must not— (a) insult the authorised person in the inquiry; or (b) deliberately interrupt an inquiry; or

s 177 197 Local Government Act 1993 s 179 (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the authorised person is conducting the inquiry; or (d) do anything that would be a contempt of court if the authorised person were a judge acting judicially. Maximum penalty—50 penalty units. 177 Change of authorised person An inquiry is not affected by a change in the authorised person holding the inquiry. Division 4 Administrators 178 When administrator must be appointed (1) If a regulation is made under section 164(1) dissolving a local government, the Governor in Council must appoint a person as administrator of the local government. (2) Notification of the appointment must be given by gazette notice. (3) On the appointment, the local government is constituted by the administrator. 179 Jurisdiction, powers and duties of administrator (1) The administrator of a local government has all the jurisdiction, powers and duties of the local government concerned. (2) However— (a) a regulation may limit the jurisdiction, powers and duties of the administrator; and (b) the administrator does not have a duty of a local government appropriate only to a body of persons. (3) If the mayor of a local government is required or permitted by law to exercise a power, the administrator is required or permitted to exercise the power instead of the mayor.

s 180 198 Local Government Act 1993 s 182 (4) This Act and other Acts apply to the administrator, with all necessary changes and any changes prescribed by regulation, as if the administrator were the local government. 180 Title of administrator For the purpose of exercising the jurisdiction of local government, the title of an administrator is ‘Administrator of the … (name of the local government).’. 181 Committee to help administrator (1) When an administrator is appointed, the Minister may appoint a committee of persons to help the administrator in exercising the jurisdiction of local government of the local government concerned. (2) A person may be appointed as a member of a committee for a limited time or indefinitely. (3) The administrator is chairperson of the committee and must preside at every meeting of the committee at which the administrator is present. (4) If, because of absence or incapacity, the administrator can not perform the functions of chairperson of the committee, the other members of the committee must appoint a member to act as chairperson at meetings of the committee until the administrator is able to perform the functions. 182 Conditions of appointment as administrator or member of committee (1) An administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council. (2) The fees, allowances and expenses are payable by the local government concerned. (3) An officer of the public service who is appointed as an administrator or as a member of a committee may hold the appointment as well as the public service office.

s 183 199 Local Government Act 1993 s 185 183 Recovery of amounts from local governments (1) The Governor in Council may direct a local government for which an administrator is appointed to pay to the Minister an amount specified in the direction as the costs and expenses of the administrator. (2) The specified amount may include salary and allowances payable to an officer of the public service who is appointed as administrator or a member of a committee. (3) The direction may specify a time for payment. (4) The specified amount is a debt payable to the State. 184 Role of committee (1) An administrator appointed for a local government must ensure that every decision of the committee about the exercise of the jurisdiction of local government for the local government’s area is implemented as soon as is practicable after the committee’s decision is taken. (2) However, if the administrator considers that implementing a decision of the committee would not be in the best interests of the area, the administrator must refer the issue to the Minister for decision. (3) The referral must be made within 14 days after the administrator becomes aware of the committee’s decision. 185 Decision by Minister on referral by administrator (1) If an issue is referred to the Minister by an administrator under section 184(2), the Minister may cause the chief executive of the department to make the inquiries, investigations and inspections that the Minister considers appropriate. (2) The Minister’s decision on the issue is taken to be the decision of the committee and is final and binding on the administrator and the committee. (3) The administrator must ensure the Minister’s decision is implemented as quickly as practicable.

s 186 200 Local Government Act 1993 s 187 186 Procedures of committee (1) In this section— relevant provision means a provision of this Act that deals with any of the following matters for a local government— (a) the times of its meetings; (b) the quorum at its meetings; (c) notice of its meetings; (d) adjournment of its meetings; (e) entitlements of members to vote at its meetings; (f) disability of a member to vote because of material personal interest; (g) registers of interests; (h) minutes of its proceedings; (i) revocation or amendment of its resolutions; (j) a matter prescribed by regulation. (2) A relevant provision applies to a committee appointed to help an administrator as if— (a) the committee were a local government; and (b) the administrator, or person acting as chairperson of the committee, were the mayor of the local government. 187 Termination of administrator’s appointment (1) The appointment of an administrator— (a) may be terminated by the Governor in Council for any reason; or (b) ceases on the conclusion of a fresh election of the councillors of the local government concerned. (2) It is the intention of the Parliament that a fresh election of the councillors of the local government should be held as soon as possible after the Legislative Assembly ratifies the dissolution of the local government under section 164(1).

s 188 201 Local Government Act 1993 s 188A 188 Termination of appointment of committee member etc. (1) The appointment of all members or any member of a committee to help an administrator may be terminated by the Minister, for any reason, by written notice signed by the Minister and given to the members or member. (2) A committee appointed to help an administrator ceases to exist on the conclusion of a fresh election of councillors of the local government concerned. Division 5 Financial controllers 188A Procedures before appointment of financial controller (1) Before the Governor in Council or Minister exercises a power under section 188B in relation to a local government, the Minister must give a written notice of the proposed exercise of the power to the local government. (2) However, the notice need not be given if— (a) the local government has asked for the power to be exercised; or (b) the Minister reasonably considers giving the notice— (i) is likely to defeat the purpose of the proposed exercise of the power; or (ii) would serve no useful purpose. (3) The notice must state— (a) the reasons for the proposed exercise of the power; and (b) a period within which the local government may make submissions to the Minister about the proposed exercise of the power. (4) The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power. (5) The Minister must have regard to all submissions made by the local government within the stated period. (6) The power may be exercised without further notice to the local government if—

s 188B 202 Local Government Act 1993 s 188C (a) the proposed exercise of the power is to proceed despite the local government’s submissions; or (b) no submissions of the local government are received by the Minister within the stated period. 188B Appointment of financial controller (1) The Governor in Council may, by gazette notice, appoint a financial controller for a local government. (2) The Minister must not recommend the Governor in Council act under subsection (1) unless the Minister is satisfied on reasonable grounds that the local government— (a) has not applied financial management policies and principles required by the Local Government Finance Standards for funds under its control; or (b) has acted, or is about to act, in a way that— (i) caused, or may cause, a significant deterioration in its financial viability; or (ii) will, or may, cause it to become insolvent. 188C Functions of financial controller (1) A financial controller appointed for a local government is responsible for ensuring the local government adheres to its budget. (2) Also, the financial controller— (a) may give advice about financial management to the local government, including, for example, advice about the preparation of a plan to address any financial difficulties it may be experiencing; and (b) may undertake other administrative duties requested by the local government; and (c) must undertake other administrative duties directed by the Minister.

s 188D 203 Local Government Act 1993 s 188E 188D Power of financial controller to advise chief executive about resolution or order (1) This section applies if a financial controller for a local government reasonably believes a resolution of the local government, or an order of the local government giving effect to a resolution of the local government— (a) will result in unlawful expenditure by the local government; or (b) will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or (c) will cause the local government to become insolvent. (2) The financial controller must advise the chief executive of the department of the resolution or order. (3) The financial controller’s advice to the chief executive under subsection (2) must include reasons for the financial controller’s belief under subsection (1). (4) Neither the State nor the financial controller is legally liable for any loss or expense incurred by a person because of the advice given under subsection (2). 188E Countersigning cheques and authorising electronic funds transfers (1) If a financial controller is appointed for a local government, a payment may be made from an account with a financial institution kept by the local government only by a cheque countersigned, or an electronic funds transfer authorised, by the financial controller. (2) However, the financial controller may refuse to countersign the cheque, or authorise the electronic funds transfer, only if the financial controller reasonably believes— (a) the payment will result in unlawful expenditure by the local government; or (b) the payment will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given; or

s 188F 204 Local Government Act 1993 s 189 (c) the payment will cause the local government to become insolvent. 188F Local government to cooperate with financial controller If a financial controller is appointed for a local government, the local government must cooperate with the financial controller in relation to the performance of the financial controller’s functions under section 188C. 188G Financial controller’s employment conditions A financial controller appointed for a local government is to be employed under the Public Service Act 2008 . 188H Recovery of amounts from local government (1) The Governor in Council may direct a local government for which a financial controller is appointed to pay the Minister a stated amount for the costs and expenses of the financial controller. (2) The stated amount may include salary and allowances payable to the financial controller as a public service officer. (3) The direction may state a time for payment. (4) The stated amount is a debt payable to the State. Part 3 Local Government Grants Commission Division 1 Extended application of part 189 Application of part to Brisbane City Council This part applies to the Brisbane City Council.

s 191 205 Local Government Act 1993 s 192 Division 2 Commission membership 191 Local Government Grants Commission and its members (1) The Local Government Grants Commission is established. (2) The commission is to consist of 6 members. (3) The 6 members of the commission are to comprise— (a) 4 persons with knowledge of local government; and (b) 1 person with knowledge of— (i) local government in relation to community government areas; and (ii) local government in relation to local government areas of indigenous regional councils; and (c) an officer of the department. (4) The chairperson of the commission is to be a member mentioned in subsection (3)(a), and the deputy chairperson of the commission is to be the member mentioned in subsection (3)(c). 192 Appointments (1) The members and chairperson of the commission are to be appointed by the Governor in Council. (2) A member of the commission is to be appointed for a term of not longer than 3 years. (3) A member is entitled to be paid the remuneration, fees and allowances decided by the Governor in Council. (4) Payment for a member (as a member or in an additional or other capacity) may differ according to class or rate of payment from payment for another member. (5) A member holds office on other terms not provided in this Act as are decided by the Governor in Council. (6) If a provision of another Act— (a) requires the holder of an office to devote all of the person’s time to the duties of the office; or

s 193 206 Local Government Act 1993 s 194 (b) prohibits the holder of an office from engaging in employment outside the duties of the office; the provision does not disqualify the holder of the office from— (c) holding the office and the office of member of the commission at the same time; and (d) accepting and retaining the remuneration, fees and allowances payable under this section. 193 Vacation of and removal from office (1) The office of a member of the commission becomes vacant if the member— (a) resigns by signed notice of resignation given to the Minister; or (b) is convicted of an indictable offence; or (c) is removed from office under subsection (2); or (d) if the member is the officer of the department mentioned in section 191(3)(c)—stops being an officer of the department. (2) The Governor in Council may remove a member from office if the member— (a) engages in misbehaviour; or (b) becomes incapable of performing the duties of a member because of physical or mental incapacity; or (c) is incompetent; or (d) uses the office for party political purposes; or (e) does anything else that, in the Governor in Council’s opinion, is a reasonable and sufficient justification for removal from office. 194 Acting members (1) The Governor in Council may appoint a person to act in the office of the member if the member is absent or unable to

s 195 207 Local Government Act 1993 s 196 discharge the functions of the office (whether because of illness or otherwise). (2) The acting member for the chairperson of the commission is the chairperson of the commission while acting. (3) The acting member for the deputy chairperson of the commission is the deputy chairperson of the commission while acting. Division 3 Role of commission 195 Commission makes recommendations to Minister (1) The commission must make recommendations to the Minister about the allocation of the amount (the financial assistance amount ) the State is entitled to receive from the Commonwealth under the Local Government (Financial Assistance) Act 1995 (Cwlth) (the Commonwealth Act ) for financial assistance for local government purposes. (2) The commission must also make recommendations to the Minister about a matter referred to it by the Minister about the finances of 1 or more local governing bodies. (3) In making recommendations under subsection (1), the commission must comply with the Commonwealth Act. Division 4 Recommendations, allocation and distribution 196 Preparing recommendations (1) In preparing its recommendations, the commission may inform itself in the way it considers appropriate. (2) The commission must accept and consider any submission made to it by a local governing body or association of local governing bodies.

s 197 208 Local Government Act 1993 s 199 197 Commission’s recommendations to Minister (1) When the commission makes a recommendation to the Minister under section 195(1), the Minister may— (a) accept the recommendation; or (b) refer the recommendation back to the commission and ask it— (i) to reconsider its recommendation or a part of it; or (ii) to consider a matter raised by the Minister about the recommendation. (2) The Minister must give the commission reasons for asking it to do something under subsection (1)(b). (3) After doing what it is asked to do under subsection (1)(b), the commission must consider whether any change should be made to its recommendation, and resubmit its recommendation to the Minister with or without change. (4) A member of the commission may submit a minority recommendation to the Minister. 198 Allocation of amount after recommendations In allocating the financial assistance amount, the Minister must— (a) have regard to the commission’s recommendations about the allocation; and (b) comply with the Commonwealth Act. 199 Recommendations to be tabled When the Minister has allocated the financial assistance amount among local governing bodies, the following must be tabled in the Legislative Assembly— (a) the commission’s recommendations; (b) particulars of the allocation of the financial assistance amount.

s 200 209 Local Government Act 1993 s 203 200 Distribution of financial assistance amount (1) When the financial assistance amount is received from the Commonwealth, it must be distributed among local governing bodies as allocated by the Minister. (2) However, the State must not distribute to a local governing body an amount equal to notional GST the body has not paid. Division 5 Inquiries by commission Subdivision 1 General 201 Commission may decide to hold inquiry In considering a matter about which it is to make recommendations, the commission may decide to hold an inquiry under this division. 202 Notice of decision to hold inquiry Before starting the inquiry, the commission must— (a) publish in a newspaper circulating generally in the State a notice outlining the processes to be followed in the inquiry; and (b) give a copy of the notice to all local governing bodies likely to be concerned in the inquiry. Subdivision 2 Conduct of inquiries 203 Extended meaning of commission in subdivision In this subdivision— commission includes a member or members of the commission holding an inquiry on a direction given by the commission.

s 204 210 Local Government Act 1993 s 207 204 Commission’s duties on inquiry When conducting an inquiry, the commission— (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of issues raised in the inquiry. 205 Commission may decide procedures (1) The commission— (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate; and (c) may decide the procedures to be followed at an inquiry. (2) However, the commission must comply with this subdivision and any procedural rules prescribed by regulation. 206 Public may attend The commission must allow members of the public to attend an inquiry unless in the commission’s opinion it is in the public interest not to allow members of the public to attend the inquiry. 207 Commission’s powers on inquiry (1) In conducting an inquiry, the commission may— (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or by statutory declaration; and (c) adjourn the inquiry; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and

s 208 211 Local Government Act 1993 s 209 (f) permit or refuse to permit a person (including a legal practitioner enrolled in Queensland or elsewhere) to represent someone else at the inquiry. (2) The commission may administer an oath to a person appearing as a witness before the inquiry. 208 Notice to witness (1) The commission may, by written notice given to a person, require the person to attend an inquiry at a specified time and place to give evidence or produce specified documents. (2) A person who is given a notice must— (a) attend as required by the notice; and (b) continue to attend as required by the commission until excused from further attendance. Maximum penalty—35 penalty units. (3) A person required to appear as a witness before an inquiry is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the commission. 209 Duty of witness at inquiry (1) A person appearing as a witness at an inquiry must not— (a) fail to take an oath or make an affirmation when required by the commission; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the commission; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 208. Maximum penalty—35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person.

s 210 212 Local Government Act 1993 s 213 210 Contempt of commission A person must not— (a) insult a member of the commission in an inquiry; or (b) deliberately interrupt an inquiry; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the commission is conducting an inquiry; or (d) do anything that would be a contempt of court if the commission were a judge acting judicially. Maximum penalty—50 penalty units. 211 Change of member An inquiry is not affected by a change in the member or members of the commission holding the inquiry. Division 6 Commission proceedings 212 Time and place of meetings (1) Meetings of the commission are to be held at the times and places it decides. (2) However, the chairperson (or, in the absence of the chairperson, the deputy chairperson) of the commission may at any time call a meeting by giving the other members of the commission at least 7 days written notice of the meeting. (3) The chairperson (or, in the absence of the chairperson, the deputy chairperson) of the commission must call a commission meeting if asked by the Minister. 213 Quorum at meetings Business may be conducted at a commission meeting only if at least 4 members of the commission are present.

s 214 213 Local Government Act 1993 s 217 214 Presiding member At a meeting— (a) the chairperson (or, in the absence of the chairperson, the deputy chairperson) of the commission presides; or (b) in the absence of the chairperson and deputy chairperson, the member chosen by the members present as chairperson for the meeting presides. 215 Voting at meetings At a meeting— (a) a question is to be decided by a majority of the members of the commission 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. 216 Way business to be conducted The commission must conduct its business in the way prescribed by regulation or, in the absence of a regulation, may conduct its business as it considers appropriate. Division 7 Miscellaneous 217 Cooperation by departments etc. (1) This section applies to the following entities— (a) a government entity; (b) a local governing body. (2) An entity must— (a) cooperate with the commission in performing its role; and (b) give the commission all information it reasonably requires to perform its role.

s 218 214 Local Government Act 1993 s 220 218 Assistance to the commission The chief executive of the department must make available to the commission the staff assistance it needs to perform its role effectively. Chapter 4 Local government councillors Part 1 Membership of local governments Division 1 Extended application of part 219 Application of part to Brisbane City Council This part applies to the Brisbane City Council. Division 2 Qualifications and disqualifications 220 General qualifications for membership (1) A person is qualified to become a councillor of a local government if the person is an Australian citizen who— (a) lives in the local government’s area; and (b) is, under the Electoral Act 1992 , an elector for an electoral district, or a part of an electoral district, included in the local government’s area— (i) for the person’s election as a councillor, other than at a Brisbane City Council election—when the voters roll for the election is compiled under section 277 or 411; or

s 221 215 Local Government Act 1993 s 221 (ii) for the person’s election as councillor of the Brisbane City Council at a quadrennial election—on 31 January of the year in which the election is to be held; or (iii) for the person’s election as a councillor of the Brisbane City Council at an election other than a quadrennial election—on the cut off day for the electoral rolls for the election; 14 or (iv) for the person’s appointment as a councillor under section 254—for at least 30 days before the appointment. Example — For a by-election in division 1 of a local government area, a person who lives in division 2 of the area and is an elector for division 2 of the area, when the voters roll is compiled for division 1, may nominate for election even though the person is not on the voters roll for division 1. (2) A councillor, whether elected or appointed, is qualified to be a councillor of a local government only while the councillor lives in the local government’s area and is, under the Electoral Act 1992 , an elector for an electoral district, or a part of an electoral district, included in the local government’s area. (3) This section is subject to sections 221 and 222. 221 General disqualifications (1) A person is not qualified to be or become a councillor if— (a) the person is an undischarged bankrupt under the Bankruptcy Act 1966 (Cwlth), or a corresponding law of another jurisdiction; or (b) the person has executed a deed of arrangement under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and the terms of the deed have not been fully complied with; or 14 The cut off day for electoral rolls for an election, other than a quadrennial election, for Brisbane City Council is decided under the Electoral Act 1992 , section 80(1)(b) as applied by the City of Brisbane Act 1924 , section 17(5).

s 221 216 Local Government Act 1993 s 221 (c) the person’s creditors have accepted a composition under the Bankruptcy Act 1966 (Cwlth), part X, or a corresponding law of another jurisdiction, and a final payment has not been made under the composition; or (d) the person is subject to a term of imprisonment or detention, periodic or otherwise; or (e) the person has been convicted, and not pardoned, of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth; or (f) for a candidate for an election, the person— (i) has, within 2 years before the day of nomination, been convicted of an offence against the law of Queensland, another State or the Commonwealth, and been sentenced to more than 1 year’s imprisonment; or (ii) has, within 7 years before the day of nomination, been convicted of an offence against— (A) for nomination as a councillor of the Brisbane City Council—section 98C of the Criminal Code; or (B) for nomination as a councillor of another local government—section 385; or (iii) has, within 10 years before the day of nomination, been convicted of— (A) a disqualifying electoral offence; or (B) an offence that would be a disqualifying electoral offence, except that the conviction was recorded before the commencement of the Electoral and Other Acts Amendment Act 2002 ; or (g) for a councillor, the person is convicted of— (i) an offence against— (A) for a councillor of the Brisbane City Council—section 98C of the Criminal Code; or

s 222 217 Local Government Act 1993 s 222 (B) for a councillor of another local government—section 385; or (ii) a disqualifying electoral offence; or (h) the person is a member of an Australian Parliament; or (i) the person is elected or appointed as mayor or a councillor of a local government of another State. (2) For subsection (1)(d), the circumstances in which a person is subject to a term of imprisonment or detention— (a) include circumstances in which the person is released from the term of imprisonment or detention on parole, home detention, leave of absence or otherwise without being discharged from all liability to serve all or part of the term; but (b) do not include circumstances in which a person is subject to a term of imprisonment but is at liberty because the term of imprisonment has been suspended. (3) For subsection (1)(f)(i)— (a) the provision does not apply if the sentence of imprisonment is suspended; but (b) the provision applies if the person is ordered at any time to actually serve more than 1 year of the suspended term of imprisonment. (4) In this section— corresponding law of another jurisdiction means a corresponding law of another jurisdiction, whether inside or outside Australia. disqualifying electoral offence see the Electoral Act 1992 , section 3. 222 Disqualification and vacation of office for certain offences (1) This section applies if a person is convicted of an offence against—

s 223 218 Local Government Act 1993 s 223 (a) for the Brisbane City Council—section 98B, 98E or 98G(a) or (b) of the Criminal Code; or (b) for another local government—section 383, 399 or 401(a) or (b); or (c) for all local governments—section 242, 244, 247, 250 or 436. (2) The person is not qualified to become a local government councillor for 4 years after the conviction and, if the person is a local government councillor, the person vacates the office— (a) if the person appeals against the conviction—on the appeal being dismissed, struck out or discontinued; or (b) if the person does not appeal against the conviction—at the end of the time fixed by law within which an appeal must be started. (3) A court may, by order, direct that this section does not apply to a person if the court is satisfied that— (a) for a person who is not a local government councillor—there are special circumstances why the person should not be disqualified under the subsection from becoming a local government councillor; or (b) for a person who is a local government councillor—there are special circumstances why— (i) the person should not be disqualified under the subsection from again becoming a local government councillor; and (ii) the person’s office as a local government councillor should not be vacated. 223 Review of lawfulness of membership of local government (1) This section applies to an application for review under the Judicial Review Act 1991 of— (a) the lawfulness of the election or appointment of a councillor; or (b) the continued eligibility of a person to act as a councillor.

s 224A 219 Local Government Act 1993 s 226 (2) For the purposes of the Judicial Review Act 1991 , any elector of the local government is a person who may make the application. (3) However, subsection (2) does not limit the persons who may make the application. 224A Councillor ceases to be councillor on becoming candidate for the Legislative Assembly A councillor ceases to be a councillor if under the Electoral Act 1992 , section 88(3), the councillor becomes a candidate for an election as a member of the Legislative Assembly. 225 Councillor ceases to be councillor on becoming director of significant business entity On a councillor becoming a director of a significant business entity contrary to section 620, the councillor ceases to be a councillor. 226 Termination of local government employment on becoming councillor (1) If a local government employee is elected or appointed as a councillor, the person is taken to have resigned as an employee on the day the person becomes a councillor. (2) In this section— local government employee includes an employee of a local government’s significant business entity but does not include— (a) a person employed under a Commonwealth funded community development project for Aborigines or Torres Strait Islanders; or (b) a person prescribed by regulation.

s 226A 220 Local Government Act 1993 s 226A Division 2A Councillors holding paid State appointment 226A Meaning of paid State appointment for div 2A (1) For this division, a person holds a paid State appointment if the person, for reward— (a) holds an office under, or is employed by, the State; or (b) holds an appointment to or in or is employed by or in— (i) an entity of the State; or (ii) the parliamentary service of the Legislative Assembly; or (iii) a court or tribunal, or a registry or other administrative office of a court or tribunal, of the State. (2) However, a councillor of a local government does not hold a paid State appointment if— (a) an Act requires or expressly permits that the appointment be held by a councillor of a local government, however described; or (b) when the appointment is held by a councillor of a local government, neither the councillor nor any other person is entitled to or is entitled to and receives any reward on account of the councillor holding the appointment. (3) For subsection (2)(b), a councillor of a local government is not taken to be entitled to a reward if the councillor irrevocably waives for all legal purposes the entitlement to the reward. (4) For a waiver under subsection (3), the councillor must, as soon as practicable after becoming aware of the entitlement— (a) waive the entitlement in writing; and (b) give a copy of the waiver to— (i) if the councillor is the mayor of the local government—the chief executive officer of the local government; or

s 226B 221 Local Government Act 1993 s 226B (ii) otherwise—the mayor of the local government. (5) In this section— reward does not include— (a) an amount decided under part 3; or Editor’s note — part 3 (Entitlements and obligations) (b) an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of section 32A of that Act; or (c) reasonable expenses actually incurred by or for the person for any 1 or more of the following— (i) accommodation; (ii) meals; (iii) domestic air travel; (iv) taxi fares or public transport charges; (v) motor vehicle hire; or (d) an amount (other than an amount paid at the pleasure of the State) paid as a pension, entitlement, remuneration, allowance or otherwise for past service in a paid State appointment. 226B Meaning of class A local government and class B local government for div 2A (1) In this division, a class A local government is a local government prescribed under a regulation as a class A local government. (2) However, if a regulation does not prescribe any local government as a class A local government, a class A local government is a local government that, as decided by the remuneration tribunal under section 250AJ, belongs to category 3 or 4.

s 226C 222 Local Government Act 1993 s 226C (3) In this division, a class B local government is a local government prescribed under a regulation as a class B local government. (4) However, if a regulation does not prescribe any local government as a class B local government, a class B local government is any of the following— (a) Brisbane City Council; (b) a local government that, as decided by the remuneration tribunal under section 250AJ, belongs to category 5 or a higher numbered category. 226C Effect on paid State appointment of person’s election as councillor (1) If a person who holds a paid State appointment on a full time basis is elected or appointed as the mayor of a class A local government, the person’s paid State appointment is taken to end— (a) if the person is elected other than as mentioned in paragraph (b)—on the day before the day of the poll at which the person is elected; or (b) if the person is elected under section 310(1)(a)—on the day before the day a poll would have been conducted if a poll had been required; or (c) if the person is appointed—on the day before the day the person is appointed. (2) If a person who holds a paid State appointment on a full time basis is elected or appointed as a councillor, whether or not the mayor, of a class B local government, the person’s paid State appointment is taken to end— (a) if the person is elected other than as mentioned in paragraph (b)—on the day before the day of the poll at which the person is elected; or (b) if the person is elected under section 310(1)(a) or if, for the Brisbane City Council, the person is elected under the Electoral Act 1992 , section 89—on the day before the day a poll would have been conducted if a poll had been required; or

s 226D 223 Local Government Act 1993 s 227 (c) if the person is appointed—on the day before the day the person is appointed. (3) Subsections (1) and (2) do not stop a person whose holding of a paid State appointment (the original appointment ) is ended under subsection (1) or (2)— (a) from being appointed to hold the original appointment on a part time basis; or (b) from being appointed to hold another paid State appointment on a part time basis. (4) A person appointed as mentioned in subsection (3) is entitled to retain all existing and accruing rights as if the holding of the original appointment, or other paid State appointment, on a part time basis were a continuation of the holding of the original appointment on a full time basis. 226D Councillor not to be appointed to paid State appointment (1) A person who is the mayor of a class A local government must not be appointed to hold a paid State appointment on a full time basis. (2) A person who is a councillor, whether or not the mayor, of a class B local government must not be appointed to hold a paid State appointment on a full time basis. (3) An appointment made in contravention of this section is void. Division 3 Term of office 227 Duration of membership (1) If a councillor is elected at a quadrennial election, the councillor is elected until the next quadrennial election. (2) If a councillor (the new councillor ) is elected or appointed to fill a vacancy in the office of a councillor (the former councillor ), the new councillor is elected or appointed for the balance of the former councillor’s term of office. (3) If a councillor is elected at a fresh election, the councillor is elected for a term of office to—

s 228 224 Local Government Act 1993 s 229 (a) if a declaration under section 413 applies to the election—the quadrennial elections after the next quadrennial elections; and (b) in any other case—the next quadrennial elections. (4) A councillor’s term of office starts— (a) if the councillor is elected—the day after the day of the conclusion of the councillor’s election; or (b) if the councillor is appointed—the day on which the councillor is appointed. (5) A councillor’s term of office ends on the day— (a) the next relevant quadrennial election concludes; or (b) the Legislative Assembly ratifies the dissolution of the applicable local government under section 164(1); or (c) the councillor’s office otherwise becomes vacant. 228 Resignation from office as a councillor (1) A councillor may resign by signed notice of resignation given to the local government’s chief executive officer. (2) The resignation takes effect when it is given to the chief executive officer unless it is expressed to take effect on a future date. Part 2 Councillors’ roles Division 1 Councillors’ roles generally 229 Councillors’ role (1) A local government councillor— (a) represents the overall public interest of the local government’s area and, if the councillor is a councillor

s 230 225 Local Government Act 1993 s 230 for a division of the area, also represents the public interest of the division; and (b) takes part in deciding the facilities, services and enterprises that are appropriate for the area; and (c) takes part in formulating, adopting and reviewing— (i) the local government’s corporate plan and operational plans; and (ii) the policies and goals of the local government; and (d) takes part in making decisions for achieving the goals and implementing the policies of the local government. (2) In performing the role, a councillor— (a) must serve the overall public interest of the area and, if the councillor is a councillor for a division, the public interest of the division; and (b) if conflict arises between the public interest and the private interest of the councillor or another person—must give preference to the public interest. (3) A councillor must ensure there is no conflict, or possible conflict, between the councillor’s private interest and the honest performance of the councillor’s role of serving the public interest. 230 Limitations on councillors’ roles (1) A councillor who is not the mayor must not assume any part of the mayor’s role without the mayor’s prior approval. (2) A councillor can not direct, and must not attempt to direct, an employee of the local government about the way in which the employee’s duties are to be performed. (3) Subsection (4) applies if a councillor directs, purports to direct or attempts to direct, an employee of the local government, or another person otherwise engaged to provide services to the local government, about the way the employee or other person is to perform a relevant duty. (4) The councillor commits an offence. Maximum penalty—85 penalty units.

s 231 226 Local Government Act 1993 s 231 (5) In this section— relevant duty means the duty of giving the local government a recommendation or advice about— (a) the grant of a licence, permit or approval, however named, under an Act or under a local law of the local government; or (b) the grant of a concession, rebate or waiver in relation to an amount owed to the local government; or (c) the local government entering into a contract under chapter 6, part 3; or (d) disposing of land or a non-current asset; or (e) allocating any of the local government’s resources for carrying out local government programs or projects. resources , of the local government, means staff, funds, plant and equipment of the local government. 231 Additional roles of mayor (1) The mayor of a local government— (a) presides at, and is responsible for the orderly conduct of, meetings of the local government at which the mayor is present; and (b) ensures the carrying out of the local government’s decisions; and (c) exercises the powers, and performs the duties, given to the mayor by the local government; and (d) ensures the appropriate representation of the local government at civic or ceremonial functions. (2) In performing the role mentioned in subsection (1)(b), the mayor may identify to the chief executive officer of the local government the officer’s duty in carrying out policies and decisions of the local government.

s 232 227 Local Government Act 1993 s 235 Division 2 Deputy mayor and acting mayor 232 Deputy mayor of local government A local government must appoint a deputy mayor from its councillors, by resolution, at— (a) its first meeting after the conclusion of each of the quadrennial elections; and (b) its first meeting after the conclusion of a fresh election of all of its councillors; and (c) its first meeting after the deputy mayor’s office as councillor otherwise becomes vacant. 233 Office of deputy mayor may be declared vacant (1) A local government may, by resolution, declare that the office of deputy mayor is vacant. (2) The resolution may be passed only if written notice of the resolution has been given to the councillors at least 14 days before the meeting. (3) If a local government declares that the office is vacant, it must immediately appoint a deputy mayor from its councillors. 234 Additional role of deputy mayor The deputy mayor of a local government acts in the office, and performs the role, of the mayor during— (a) a vacancy in the office of mayor; or (b) the absence or temporary incapacity of the mayor. 235 Appointment of acting mayor A local government may, by resolution, appoint from its councillors an acting mayor, if at any time— (a) vacancies exist in the offices of mayor and deputy mayor; or

s 236 228 Local Government Act 1993 s 236A (b) a vacancy exists in the office of mayor and the deputy mayor is prevented, by absence or temporary incapacity, from acting in the office; or (c) the mayor and deputy mayor are prevented, by absence or temporary incapacity, from performing the role of mayor. 236 Role of acting mayor The acting mayor of a local government acts in the office of the mayor while the circumstances in which the person was appointed as acting mayor continue. Part 3 Entitlements and obligations Division 1 Entitlements of councillors and committee members 236A Remuneration for councillors of local governments (1) For a year, a local government may, by resolution, authorise the payment of remuneration to a person who is a councillor of the local government. (2) The resolution— (a) must be made within 2 months after the remuneration schedule, that applies for the year for the category of local government, is published in the gazette under section 250AQ; and (b) may authorise payment of remuneration on and after 1 January of the year; and (c) must state— (i) the purpose for which the remuneration is to be paid; and (ii) the person who is entitled to the remuneration; and

s 236B 229 Local Government Act 1993 s 236B (iii) the amount of remuneration that is to be paid; and (iv) if the amount of remuneration to be paid to councillors, other than the mayor, varies as between councillors—the reason for the variation. (3) The local government may authorise the payment of remuneration to a councillor of the local government only if the remuneration is the remuneration stated in the remuneration schedule for the category of local government to which the local government belongs. (4) However, if the remuneration tribunal acting under section 250AL approves a different amount of remuneration for a councillor of the local government, the local government may authorise the payment of remuneration to the councillor only in accordance with the approval. (5) If a councillor has entered into an arrangement with the local government under section 238A, the amount of remuneration that would otherwise be payable to the councillor under a resolution under this section is reduced by the percentage or amount the councillor has elected to forgo. (6) A local government must not act under this section in relation to a payment to which section 236B applies. 236B Reimbursement of expenses and provision of facilities for councillors of local governments (1) A local government may, by resolution, authorise either or both of the following— (a) payment of the reasonable expenses incurred, or to be incurred, by the local government’s councillors for discharging their duties and responsibilities as councillors; (b) provision of facilities, including, for example, administrative support staff, to the councillors for discharging their duties and responsibilities as councillors. (2) The local government may authorise payment or provision of facilities under subsection (1) only if the payment or provision

s 237 230 Local Government Act 1993 s 237 complies with the local government’s expenses reimbursement policy approved under section 250AR. (3) However, if a councillor of the local government is entitled to receive a benefit or entitlement from the local government because of the councillor’s position as a councillor, the councillor may elect to take a lesser amount than the amount provided for under the expenses reimbursement policy. 237 Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee (1) A local government may, by resolution, authorise any of the following— (a) payment of remuneration to a person who is a member of an advisory committee of the local government but is not a councillor; (b) payment of the reasonable expenses incurred, or to be incurred, by the person for discharging the person’s duties and responsibilities as a member of the advisory committee; (c) provision of facilities, including, for example, administrative support staff, to the person for discharging the person’s duties and responsibilities as a member of the advisory committee. (2) The resolution must state— (a) the purpose for which the remuneration or expenses are to be paid or the facilities provided; and (b) the person who is entitled to the remuneration, expenses or facilities; and (c) the amount of the remuneration or expenses or the basis on which it is calculated. (3) The basis on which remuneration or expenses are calculated may vary according to the purpose for which the remuneration or expenses are paid or provided. (4) The resolution must specify— (a) the principles or remuneration system on which the remuneration is based; and

s 238 231 Local Government Act 1993 s 238 (b) the reasons for adopting the principles or system. (5) A resolution under this section operates for no longer than 6 months after the next quadrennial elections. 238 Superannuation benefits for councillors (1) In this section— audit , of a superannuation scheme, means an audit required under the Commonwealth Superannuation Act. scheme means a voluntary superannuation scheme for councillors. standard permanent employee has the meaning given by section 1170. (2) A local government may— (a) establish and amend a scheme; or (b) join in establishing and amending a scheme; or (c) take part in a scheme. (3) However, a local government may not establish or take part in a scheme— (a) under which the contribution to the scheme payable by the local government for its councillors (expressed as a percentage of payment in the nature of salary) is more than— (i) for the year starting 1 July 1995—11%; or (ii) for the year starting 1 July 1996—11.5%; or (iii) for each later year—12%; 15 or (b) under which the proportion of contribution to the scheme payable by the local government for its councillors is more or less than the proportion of contribution to the LG Super scheme payable by the 15 The percentages mentioned in the paragraph represent local governments’ liability for standard permanent employees under section 1182(2) (Local governments’ liability for permanent employees) less standard permanent employees’ liability under section 1183(1)(b) (Permanent employees’ liability for contributions).

s 238A 232 Local Government Act 1993 s 238A local government for its standard permanent employees; or (c) under which the local government is required to contribute to the scheme for a person who has ceased to be a councillor; or (d) that does not meet the requirements of the Commonwealth Superannuation Act. (3A) Subsection (3)(a) and (b) do not apply in relation to contributions payable by the local government under an arrangement entered into with a councillor under section 238A. (4) If a local government acts under subsection (2), it may pay an amount from its operating fund by way of a subsidy or contribution to the scheme. (5) An audit of a superannuation scheme established by a local government (whether alone or with another local government) must be carried out by the auditor-general. 238A Councillors may make salary sacrifice arrangements (1) A councillor of a local government may enter into an arrangement with the local government under which— (a) the councillor agrees to forgo a percentage or amount of the councillor’s remuneration entitlement; and (b) the local government agrees to make corresponding contributions for the councillor to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 238. (2) The percentage or amount forgone by the councillor must not be more than the equivalent of 50% of the councillor’s remuneration entitlement. (3) In this section— remuneration entitlement , of a councillor, means the remuneration to which the councillor would be entitled under a resolution of the local government made under section 236A if the councillor had not entered into an arrangement under this section.

s 239 233 Local Government Act 1993 s 242 239 Insurance of councillors (1) A local government may enter into a contract of insurance with WorkCover Queensland or another insurer for insurance for councillors. (2) For the purpose of the insurance cover, a councillor’s role includes, for example, attendance— (a) at the meetings of the local government or its committees that the councillor is entitled or asked to attend, or at which the councillor has business for a resident of the local government’s area; and (b) at inspections or deputations, conferences and meetings at which the councillor’s attendance is permitted by the local government; and (c) at official functions organised for the local government; and (d) on residents of the area for the purpose of local government business. 240 Indemnity for councillors (1) A councillor does not incur civil liability for an act or omission done honestly and without negligence under this Act. (2) A liability that would, apart from this section, attach to a councillor attaches instead to the local government. Division 2 Obligations of councillors 241 Application to Brisbane City Council This division applies to the Brisbane City Council. 242 Requirements of councillors before acting in office (1) A person elected as a councillor must not act in the office until the person—

s 242 234 Local Government Act 1993 s 242 (a) gives the chief executive officer of the local government a return in the approved form; 16 and (b) after giving the return, makes a declaration of office. (2) A person appointed as a councillor must not act in the office until the person makes a declaration of office. (3) The return under subsection (1)(a) must state the information the person is required to give under section 427 relating to the disclosure period for the election of the person to the extent that the person states the information is readily available when giving the return. (4) The declaration of office for a councillor of Brisbane City Council must be in the following form— ‘I, ............, having been elected/appointed as a councillor of Brisbane City Council, declare that I will faithfully and impartially fulfil the duties of the office to the best of my judgment and ability.’. (4A) The declaration of office for a councillor of another local government must be in the following form— ‘I, ............, having been elected/appointed as a councillor of the Council of the Region/City/Town/Shire of ............, declare that I will faithfully and impartially fulfil the duties of the office, including perform the role of a councillor under the Local Government Act 1993 , section 229, to the best of my judgment and ability.’. (4B) If, when the councillor is elected or appointed, there is a code of conduct for the local government, the declaration of office for the councillor must also include the following statement— ‘I declare that I agree to comply with the Council’s code of conduct.’. (5) The chief executive officer of the local government is authorised to take the declaration. (6) The chief executive officer must keep a record of the taking of the declaration. 16 For keeping of the return as part of a register that is open to inspection, see section 433 (Registers of electoral gifts).

s 243 235 Local Government Act 1993 s 244 (7) The person ceases to hold office as a councillor if the person does not comply with subsection (1) or (2) within 1 month after being elected or appointed or a longer period allowed by the Minister. (8) The person must not give a return, under subsection (1)(a), containing particulars that are, to the knowledge of the person, false or misleading in a material particular. Maximum penalty for subsection (8)—100 penalty units. 243 Acting as councillor without authority A person must not act as a councillor if the person knows that— (a) the person is not qualified to be a councillor; or (b) the person’s office as a councillor has been vacated. Maximum penalty—85 penalty units. 243A Compliance with code of conduct (1) A councillor must comply with the obligations stated in the local government’s code of conduct. (2) A contravention of subsection (1) is not an offence. (3) However— (a) under part 3A, division 4, the code of conduct may be enforced in relation to the contravention; and (b) if the act or omission that is the contravention is an offence under another provision of this Act, subsection (2) does not prevent a proceeding being taken for the offence. 244 Exclusion from meeting of councillor with material personal interest (1) A councillor who has a material personal interest in an issue to be considered at a meeting of the local government, or any of its committees— (a) must disclose the interest to the meeting; and

s 245 236 Local Government Act 1993 s 246 (b) must not be present at or take part in the meeting while the issue is being considered or voted on. (2) A councillor who is barred from a meeting under subsection (1) must not be in the chamber where the meeting is being conducted, including any area set apart for the public. 245 Removal of disability (1) The Minister may, by signed notice, relieve a councillor of a local government of a disability to which the councillor is subject under section 244 if— (a) because of the number of councillors subject to the disability, conduct of a meeting of the local government or committee would be obstructed if relief were not given; or (b) it appears to the Minister to be in the interests of the local government’s area that relief be given. (2) The Minister may give the relief subject to conditions specified in the notice. (3) A councillor does not contravene section 244 by taking part in a meeting, or being in the chamber where the meeting is being conducted, if— (a) the councillor is a person to whom relief is given under subsection (1); and (b) the councillor is complying with the conditions on which the relief is given. 246 Penalty for contravening exclusion from meeting A councillor of a local government who contravenes section 244 is liable to a maximum penalty of— (a) if the councillor voted on the issue with an intention to gain an advantage for the councillor or anyone else—200 penalty units; (b) in any other case—85 penalty units.

s 246A 237 Local Government Act 1993 s 247 246A Recording of conflict of interest (1) This section applies if a councillor of a local government has a conflict of interest, or could reasonably be taken to have a conflict of interest, in an issue being considered or to be considered at a meeting of the local government or any of its committees. (2) For subsection (1), a councillor has a conflict of interest in an issue if there is a conflict between the councillor’s private interest and the honest performance of the councillor’s role of serving the public interest. (3) The councillor must declare the conflict of interest to the meeting. (4) The local government must ensure the declaration is recorded in the minutes for the meeting. (5) The record must include— (a) the nature of the conflict of interest as described by the councillor; and (b) how the councillor dealt with the conflict of interest; and (c) if the councillor voted on the issue—how the councillor voted. (6) In this section— conflict of interest , for a councillor in an issue, does not include a conflict of interest arising out of a material personal interest the councillor has in the issue. private interest includes both pecuniary and non-pecuniary interests, and may include having received a donation to be used for electoral purposes. 247 Registers of interests (1) The chief executive officer of a local government must keep— (a) a register of interests of each local government councillor; and (b) a register of interests of the persons who, under a regulation, are related to the councillor.

s 248 238 Local Government Act 1993 s 248 (2) A register— (a) must relate to only 1 person; and (b) must contain the financial and non-financial particulars prescribed by regulation. (3) If a councillor knows— (a) of an interest that the chief executive officer must record in a register of interests kept under subsection (1) in relation to the councillor or a person who, under a regulation, is related to the councillor (a related person ); or (b) that particulars of an interest recorded in a register kept under subsection (1) in relation to the councillor or a related person are no longer correct; the councillor must tell the chief executive officer of the interest, or the correct particulars, in accordance with the regulations. Maximum penalty for subsection (3)—85 penalty units. 248 Access to registers (1) A register of councillor’s interests is open to inspection. (2) A register of other persons’ interests is not open to inspection other than by, for each local government, the following— (a) any councillor of the local government; (b) the chief executive officer of the local government; (c) a person permitted by law to have access to information in the register, or the person’s agent. (3) A person seeking access to a register must apply in writing to the chief executive officer. (4) The chief executive officer must record— (a) the name and home or business address of each person given access to the register; and (b) the day the access is given.

s 249 239 Local Government Act 1993 s 249 (5) The chief executive officer must advise a councillor of any access given to the councillor’s register and any register of a person who, under a regulation, is related to a councillor. (5A) Subsections (3) to (5) do not apply to the accessing of information included in a register of councillor’s interests if the information relates to any of the following— (a) gifts received; (b) hospitality benefits received; (c) memberships of organisations. (5B) The local government must ensure the information included in the register of councillor’s interests about a matter mentioned in subsection (5A) is made available— (a) to any member of the public who asks to see it, at the public office of the local government; and (b) if the local government maintains a publicly accessible website—by being displayed, as soon as practicable after it is received, on the website. (6) A person must not knowingly disclose information obtained from the register— (a) if it is not a true copy, or a fair summary, of the particulars in the register; or (b) for information from a register of other persons’ interests—to a person other than— (i) for the Brisbane City Council—a person mentioned in subsection (2)(a) or (c); or (ii) for another local government—a person mentioned in subsection (2)(b) or (c). Maximum penalty for subsection (6)—85 penalty units. 249 Queries on contents of register (1) A person who suspects on reasonable grounds that a register does not contain particulars that should be in the register may inform the chief executive officer of the local government.

s 250 240 Local Government Act 1993 s 250 (2) The chief executive officer must immediately inform the councillor concerned. (3) The councillor must, within 30 days of being informed— (a) establish whether the register should be amended to make it a true record of fact; and (b) if the register should be amended—give the chief executive officer the appropriate particulars in writing. (4) If the councillor establishes that the register does not need to be amended, the councillor must— (a) complete a statutory declaration to the effect that the particulars in the register are a true record of fact; and (b) give the statutory declaration to the chief executive officer. 250 Improper use of information by councillors (1) A person who is or has been a local government councillor must not make improper use of information acquired as a councillor— (a) to gain, directly or indirectly, a financial advantage for the person or someone else; or (b) to harm the local government. (2) A person who is or has been a local government councillor must not release information that the person knows, or should reasonably know, is information that is confidential to the local government. Maximum penalty—100 penalty units.

s 250AA 241 Local Government Act 1993 s 250AC Division 3 Local Government Remuneration Tribunal Subdivision 1 Establishment, functions and membership 250AA Establishment of Local Government Remuneration Tribunal The Local Government Remuneration Tribunal is established. 250AB Functions The remuneration tribunal has the following functions— (a) to establish categories of local governments; (b) to categorise local governments according to the established categories; (c) to decide remuneration to be paid to councillors, including mayors and deputy mayors; (d) the other functions that the Minister directs the remuneration tribunal to perform. 250AC Members of remuneration tribunal (1) The remuneration tribunal consists of 3 persons, made up of a chairperson and 2 other members. (2) Each member of the remuneration tribunal is to be appointed by the Governor in Council for a term of not more than 3 years. (3) A person is qualified for appointment as a member only if the person— (a) has extensive knowledge of and experience in 1 or more of the following— (i) local government; (ii) public administration; (iii) law;

s 250AD 242 Local Government Act 1993 s 250AE (iv) public finance; (v) industrial relations; (vi) community affairs; or (b) has other knowledge and experience the Governor in Council considers appropriate. (4) A person stops being a member if the person— (a) resigns by signed notice of resignation given to the Minister; or (b) completes a term of office but is not reappointed; or (c) is removed as a member by the Governor in Council for misbehaviour or physical or mental incapacity; or (d) can not continue as a member under section 250AD. 250AD Disqualification from membership A person can not become, or continue as, a member of the remuneration tribunal if the person— (a) is, or becomes— (i) a councillor or an employee of a local government; or (ii) a director of a significant business entity; or (iii) a contractor of a local government; or (iv) a consultant engaged by a local government; or (b) is, or becomes, an insolvent under administration within the meaning of the Corporations Act, section 9; or (c) is, or has been, convicted of an indictable offence and the conviction is not a spent conviction. 250AE Remuneration and appointment conditions of members (1) A member of the remuneration tribunal is entitled to be paid the remuneration and allowances decided by the Governor in Council. (2) A person appointed as a member is eligible for reappointment.

s 250AF 243 Local Government Act 1993 s 250AF (3) A member of the remuneration tribunal holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (4) If a commissioner under the Industrial Relations Act 1999 is appointed as a member, the person’s appointment does not entitle the person to any remuneration or allowance in addition to the person’s salary or allowance as the holder of the person’s office as a commissioner. (5) However, the person is entitled to be paid expenses reasonably incurred by the person in performing the functions of a member. Subdivision 2 Staffing arrangements and meetings 250AF Work performance arrangements (1) The remuneration tribunal may, for performing its functions effectively and efficiently, enter into a work performance arrangement with the chief executive. (2) A work performance arrangement may make provision for all matters necessary and convenient to be provided under the arrangement, including providing for— (a) the appointment of a public service employee to an office, and the holding of the office by the person, for the arrangement; and (b) the authorising of a public service employee to exercise powers for the arrangement. (3) If a public service employee performs work for the remuneration tribunal under a work performance arrangement, the person— (a) is not employed by the remuneration tribunal; and (b) remains an employee of the department. (4) To remove any doubt, it is declared that the remuneration tribunal is not authorised to employ a public service employee performing work for the remuneration tribunal under a work performance arrangement.

s 250AG 244 Local Government Act 1993 s 250AI (5) In this section— work performance arrangement means an arrangement under which a public service employee of the department performs work for the remuneration tribunal. 250AG Conduct of meetings (1) Subject to subsections (2) and (3), meetings of the remuneration tribunal are to be held at the times and places it decides. (2) A member of the remuneration tribunal may call a meeting at any time by giving the other members of the remuneration tribunal at least 7 days written notice of the meeting. (3) If the Minister asks the remuneration tribunal to discuss a local government matter, a meeting of the remuneration tribunal to discuss the matter must be held within 14 days after the Minister’s request. Subdivision 3 Categorising local governments 250AH Establishing categories of local governments (1) The remuneration tribunal must establish categories of local governments for this division. (2) The purpose of establishing categories of local governments is to enable the remuneration tribunal to decide the remuneration that may be paid to mayors and other councillors of local governments in each category of local government. 250AI Criteria for establishing categories For establishing categories of local governments, the remuneration tribunal must having regard to the following criteria— (a) the size, and geographical and environmental terrain, of local government areas; (b) the populations of local government areas, including the areas’ demographics, the spread of populations serviced

s 250AJ 245 Local Government Act 1993 s 250AJ by the local governments and the extent of the services the local governments provide; (c) the size of local governments and the workload associated with particular sizes, including whether councillors of the local governments hold office on a full-time or part-time basis; (d) the diversity, including cultural diversity, of local governments’ communities; (e) the extent of development of local government areas, including economic and community development, infrastructure and industry; (f) other matters the remuneration tribunal considers relevant to the effectiveness, efficiency and sustainability of local governments; (g) other matters prescribed under a regulation. 250AJ Deciding and reviewing categories of local governments to which local governments belong (1) The remuneration tribunal must, for each local government, decide the category of local government to which the local government belongs. (2) When making a decision about a local government under subsection (1), the remuneration tribunal must have regard to the criteria it used for establishing categories of local governments. (3) The remuneration tribunal must, at least every 4 years, review the categories of local governments established under section 250AH. (4) After reviewing the categories, the remuneration tribunal must— (a) decide whether to amend the established categories; and (b) if any category of local government is amended, again decide the categories of any local governments affected by the amendment.

s 250AK 246 Local Government Act 1993 s 250AK Subdivision 4 Remuneration schedule 250AK Deciding remuneration (1) The remuneration tribunal must, on or before 1 December in each year and for each category of local government, decide the remuneration that may be paid in the following year to— (a) a councillor, other than a mayor or deputy mayor, of a local government in the category; and (b) a mayor of a local government in the category; and (c) a deputy mayor of a local government in the category. (2) However, the remuneration decided under subsection (1) must not include any amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy. (2A) Also, the remuneration decided under subsection (1) must not include any contribution a local government makes for a councillor of the local government to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 238. (3) The remuneration tribunal must prepare a schedule (the remuneration schedule ) that lists the amounts decided under subsection (1) for each category of local government for the year to which it applies. (4) In making a decision under subsection (1), the remuneration tribunal must have regard to— (a) the provisions of this Act about entitlements and responsibilities of councillors of local governments; and (b) community expectations about what is appropriate remuneration in the circumstances. (5) Remuneration decided under subsection (1) may include, or may separately provide for, remuneration for the duties a councillor may be required to perform if the councillor is appointed to a committee, or as chairperson of a committee, under section 452.

s 250AL 247 Local Government Act 1993 s 250AN 250AL Discretion to vary remuneration in exceptional circumstances (1) This section applies if a local government considers that, having regard to exceptional circumstances that apply, a councillor of its local government is entitled to a different amount of remuneration from the remuneration stated in the remuneration schedule for the category of local government to which the local government belongs. (2) The local government may make a submission to the remuneration tribunal for approval to vary the remuneration that the councillor may be paid. (3) The remuneration tribunal may, but is not required to, consider the submission. (4) If the remuneration tribunal considers the submission and is satisfied that, having regard to the exceptional circumstances that apply, the councillor is entitled to a different amount of remuneration from that stated in the remuneration schedule, the remuneration tribunal may approve payment of the different remuneration. Subdivision 5 Inquiries conducted by remuneration tribunal 250AM Remuneration tribunal may make inquiries For performing its functions under this Act, the remuneration tribunal may make the inquiries it considers necessary. 250AN Conduct of inquiries (1) When making inquiries, the remuneration tribunal— (a) is not bound by technicalities, legal forms or rules of evidence; and (b) may inform itself in any way the remuneration tribunal considers appropriate; and (c) may decide the procedures to be followed; and

s 250AO 248 Local Government Act 1993 s 250AO (d) may conduct any proceedings in the way the remuneration tribunal considers appropriate. (2) For subsection (1)(b), the remuneration tribunal may consult with persons as the remuneration tribunal considers appropriate. (3) If the remuneration tribunal is conducting an inquiry, the remuneration tribunal must— (a) invite submissions from local governments, interested groups and persons and members of the public; and (b) state the period within which submissions must be made. (4) Before making a decision for the purpose of performing its functions under this Act, the remuneration tribunal must have regard to any submissions made to the remuneration tribunal within the stated period. (5) The remuneration tribunal may— (a) require information or submissions to be presented in writing; and (b) decide the matters on which information or submissions may be presented orally. 250AO Membership of remuneration tribunal changes during inquiry (1) This section applies if— (a) the remuneration tribunal is conducting an inquiry into a particular matter; and (b) a member of the remuneration tribunal stops being a member and is replaced by another person who becomes a member. (2) The inquiry may be finished by the remuneration tribunal as reconstituted. (3) Any decision of the reconstituted remuneration tribunal in relation to a matter the subject of the inquiry has the same force and effect as if the membership of the remuneration tribunal had not changed.

s 250AP 249 Local Government Act 1993 s 250AQ Subdivision 6 Reports 250AP Remuneration tribunal reports (1) The remuneration tribunal must prepare a written report each year on— (a) the establishment of categories of local governments; and (b) the category of local government to which each local government belongs; and (c) the remuneration schedule for the year; and (d) any approvals made under section 250AL in the previous year. (2) The report must be signed by each member of the remuneration tribunal. (3) The remuneration tribunal must, within 7 days after making a decision about the remuneration schedule for each year, give the report to the Minister. 250AQ Notification and tabling of report The Minister must, as soon as practicable after receiving the report— (a) publish in the gazette— (i) the categories of local governments established by the remuneration tribunal; and (ii) the category to which each local government belongs; and (iii) the remuneration schedule; and (b) table the report in the Legislative Assembly.

s 250AR 250 Local Government Act 1993 s 250AS Division 4 Reimbursement of expenses and provision of facilities 250AR Chief executive to approve proposed expenses reimbursement policy or amendments of the policy (1) A local government must give to the chief executive a copy of its proposed expenses reimbursement policy, or any proposed amendment of its expenses reimbursement policy, (the proposed policy document ) for consideration. (2) The proposed policy document must comply with any relevant guidelines issued by the chief executive. (3) If the chief executive considers the proposed policy document complies with the guidelines, the chief executive must approve the proposed policy document and give the local government written notice of the approval. (4) Also, the chief executive may approve the proposed policy document subject to the local government making the minor changes to the proposed policy document that the chief executive identifies as necessary to comply with the guidelines. (5) If subsection (4) does not apply and the chief executive considers the proposed policy document does not comply with the guidelines, the chief executive must give the local government written notice— (a) advising how the proposed policy document does not comply; and (b) requiring the local government to give the chief executive a copy of the revised proposed policy document for reconsideration. 250AS Requirement to adopt expenses reimbursement policy or amendment (1) A local government may only adopt, by resolution, an expenses reimbursement policy or an amendment of the expenses reimbursement policy that is the same as the proposed policy document approved by the chief executive under section 250AR.

s 250AT 251 Local Government Act 1993 s 250B (2) Subsection (1) does not limit a local government’s ability to publish the adopted expenses reimbursement policy in the way it chooses or to correct obvious errors in the approved proposed expenses reimbursement policy or amendment. (3) The adopted expenses reimbursement policy or amendment must be notified as required under this division. 250AT Notification of adoption of expenses reimbursement policy (1) As soon as practicable after a local government adopts its expenses reimbursement policy, the local government must give public notice of the policy. (2) The public notice must be published in a newspaper circulating generally in the local government area. 250AU Meetings in public about expenses reimbursement policy A local government must not resolve under section 463 that a meeting at which a proposed expenses reimbursement policy is discussed, or an expenses reimbursement policy is adopted or amended, be closed. Part 3A Code of conduct for councillors Division 1 Preliminary 250A Application of part to Brisbane City Council This part applies to the Brisbane City Council. 250B Definitions for pt 3A For this part— committee of a local government means—

s 250C 252 Local Government Act 1993 s 250C (a) for Brisbane City Council—a committee of the council; or (b) for another local government— (i) a standing committee or special committee of the local government; or (ii) an advisory committee of the local government if all the members of the committee are councillors. special committee , of a local government, includes, in relation to an indigenous regional council, a community forum or a land panel of the indigenous regional council. statutory obligation for a councillor— (a) means an obligation under this Act with which the councillor is required to comply only because of holding, or having held, office as a councillor; but (b) does not include the following obligations— (i) the obligation under section 243A to comply with the code of conduct; (ii) an obligation under a local law. Example for definition of statutory obligation — The obligations under section 250 about use of information by persons who are or have been councillors would be statutory obligations. However, the obligation under section 1072(1), which applies to any person, would not be a statutory obligation. 250C Requirement to adopt code of conduct for councillors (1) A local government must adopt, by resolution, a code of conduct for councillors that complies with the requirements under division 2— (a) not later than 1 March 2006; and (b) within 6 months after each quadrennial election held on or after 1 March 2006. (2) A code of conduct for councillors adopted by the local government must be prepared and notified as required under division 3.

s 250D 253 Local Government Act 1993 s 250F 250D Model code of conduct for councillors (1) A model code of conduct is a document that— (a) complies with the requirements under division 2; and (b) is proposed by the Minister as suitable for adoption by local governments as a code of conduct for councillors. (2) A model code of conduct must be gazetted. (3) If a model code of conduct has been gazetted— (a) a local government may adopt the model code of conduct as its code of conduct under section 250C; and (b) if a local government does not adopt a code of conduct on or before the day mentioned in section 250C(1)(a) or within the period mentioned in section 250C(1)(b)—the model code of conduct is taken to have been adopted by the local government as its code of conduct. 250E Application and duration of code of conduct (1) A local government’s code of conduct applies to all councillors of the local government in performing the duties of their office. (2) The code of conduct has effect until— (a) the next code of conduct is adopted by the local government as required under section 250C(1)(b); or (b) the day by which the local government is next required to adopt a code of conduct under the section. Division 2 Content of codes of conduct for councillors 250F Statutory and additional obligations of councillors (1) A code of conduct for a local government must— (a) identify each statutory obligation for councillors of the local government for which the Act provides a penalty for contravening; and

s 250G 254 Local Government Act 1993 s 250I (b) identify each statutory obligation for councillors of the local government for which the Act does not provide a penalty for contravening. (2) The code may state additional ethical and behavioural obligations with which councillors must comply. (3) An obligation mentioned in subsection (2) must— (a) not be inconsistent with a statutory obligation identified in the code; and (b) be based on 1 or more of the ethics principles for local government councillors mentioned in section 250G. 250G Ethics principles for local government councillors (1) For section 250F(3)(b), the ethics principles for local government councillors are the principles stated in schedule 1. (2) The ethics principles must be stated in a local government’s code of conduct. 250H Code must state what a repeat breach is A local government’s code of conduct must state the circumstances in which a meeting breach or minor breach of the code is a repeat breach of the code. 250I Information about making a complaint A local government’s code of conduct must include information about how a person can find out how to make a complaint about an alleged breach by a councillor of the code of conduct.

s 250J 255 Local Government Act 1993 s 250J Division 3 Procedure for making code of conduct for councillors 250J Notice of draft code of conduct for councillors (1) A local government may adopt a code of conduct for councillors only if notice of the proposed code has been given. (2) Notice must be given by— (a) publishing a prescribed notice— (i) at least 6 weeks, and not more than 8 weeks, before the meeting at which it is proposed to adopt the code; and (ii) in a newspaper circulated generally in the local government’s area; and (b) putting a copy of the prescribed notice on display in a conspicuous place in the local government’s public office on the day on which the notice is published under paragraph (a); and (c) keeping the copy of the prescribed notice on display until after the meeting. (3) In this section— prescribed notice means a notice stating— (a) that the draft code of conduct has been prepared; and (b) where copies of the draft code may be obtained; and (c) an invitation for comments on the draft code; and (d) the day by which comments must be received. (4) The last day for making comments must be at least 21 days after publication of the notice under subsection (2)(a). (5) This section does not apply to a code of conduct taken to have been adopted under section 250D(3)(b).

s 250K 256 Local Government Act 1993 s 250M 250K Requirement to consider comments In preparing a final draft of a code of conduct for councillors, the local government must consider all comments made on or before the day stated in the notice given under section 250J. 250L Code of conduct to be available for inspection and purchase A local government must— (a) ensure its code of conduct is open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage. Division 4 Enforcement of code of conduct for councillors Subdivision 1 Preliminary 250M Categories of code of conduct breaches (1) A councillor commits a meeting breach of the local government’s code of conduct if the councillor breaches an obligation under the code, or under a local law, about councillors’ behaviour at meetings of— (a) the local government; or (b) a committee of the local government. (2) A councillor commits a minor breach of the local government’s code of conduct if the councillor breaches an obligation stated in the code under section 250F(2), other than an obligation mentioned in subsection (1). (3) A councillor commits a repeat breach of the code if the councillor commits a meeting breach or minor breach that, under the code, is a repeat breach.

s 250N 257 Local Government Act 1993 s 250P (4) A councillor commits a statutory breach of the local government’s code of conduct if the councillor breaches a statutory obligation identified in the code. 250N References in div 4 to code of conduct breaches In this division, a reference to a breach of a local government’s code of conduct includes, in the context of a complaint about an alleged breach of the code of conduct, a reference to the alleged breach. Subdivision 2 Meeting breaches 250O Making a complaint about a meeting breach (1) A complaint about a meeting breach of a local government’s code of conduct by a councillor must be made— (a) at the meeting of the local government, or the committee of the local government, at which the breach is alleged to have been committed; and (b) by another councillor present at the meeting. (2) The complaint may be made by stating it to the person chairing the meeting. (3) If a complaint about a meeting breach is made at a meeting of a committee of the local government, the person chairing the meeting must, as soon as practicable, notify the chief executive officer of the local government of the complaint. (4) The chief executive officer must, as soon as practicable after receiving a complaint under subsection (3), refer the complaint to the local government. (5) This section does not limit a person’s ability to make a complaint under a local law in relation to a breach of an obligation under the law mentioned in section 250M(1). 250P When local government must deal with the complaint (1) The local government must deal with a complaint about a meeting breach of its code of conduct—

s 250Q 258 Local Government Act 1993 s 250Q (a) for a complaint made at a meeting of the local government as required under section 250O(1)(a)— (i) at the meeting; or (ii) if the local government can not deal with the complaint at the meeting because a quorum is not present 17 —at the next meeting of the local government; or (b) for a complaint made at a meeting of a committee of the local government as required under section 250O(1)(a)—at the next meeting of the local government held after the complaint is referred to it. (2) In this section— deal with a complaint means— (a) decide, under section 250Q(1), to— (i) take no further action in relation to the complaint; or (ii) refer the complaint to the conduct review panel; or (b) if paragraph (a) does not apply—make the decision about the complaint required under section 250Q(2). 250Q How local government must deal with complaint (1) The local government may decide, by resolution, to do any of the following in relation to a complaint about a meeting breach of its code of conduct by a councillor— (a) if the local government is satisfied the complaint concerns frivolous matter or is made vexatiously—take no further action; or (b) if the local government is satisfied the complaint is actually a complaint about a statutory breach by the councillor—refer the complaint to the conduct review panel for review. (2) If the local government does not deal with the complaint under subsection (1), the local government must decide, by 17 See also section 446 (Quorum at meetings).

s 250R 259 Local Government Act 1993 s 250S resolution, whether the councillor has committed the alleged meeting breach. (3) If the local government decides that the councillor committed the meeting breach, it may do any of the following— (a) take no further action in respect of the breach; (b) by resolution, impose a penalty on the councillor under subdivision 5; (c) if it considers the breach may be a repeat breach of the code of the conduct—refer a complaint about the repeat breach to the conduct review panel for review. (4) In deciding whether the councillor has breached the code of conduct and whether to impose a penalty on the councillor, the local government must comply with the principles of natural justice. (5) This section does not limit the local government’s ability to deal with breaches of obligations under a local law mentioned in section 250M(1). Subdivision 3 Minor breaches 250R Making a complaint about a minor breach A complaint about a minor breach of a local government’s code of conduct by a councillor must be made under the local government’s general complaints process. 18 250S How local government must deal with complaints officer’s report (1) This section applies if— (a) a report about a complaint about a minor breach of a local government’s code of conduct is given to the local government by the complaints officer who investigated it under the general complaints process; and 18 See chapter 6 (General operation of local governments), part 5 (General complaints process).

s 250T 260 Local Government Act 1993 s 250T (b) the report states the complaint has not been resolved through the process. (2) The local government may decide, by resolution, to take no further action in relation to the complaint if the local government is satisfied it concerns frivolous matter or was made vexatiously. (3) If the local government does not deal with the complaint under subsection (2), the local government must decide, by resolution, whether the councillor has committed the alleged minor breach. (4) If the local government decides the councillor committed the minor breach, it may do any of the following— (a) take no further action in respect of the breach; (b) by resolution, impose a penalty on the councillor under subdivision 5; (c) if it considers the breach may be a repeat breach of the code of conduct—refer a complaint about the repeat breach to its conduct review panel for review. (5) In deciding whether the councillor has breached the code of conduct and whether to impose a penalty on the councillor, the local government must comply with the principles of natural justice. Subdivision 4 Repeat breaches and statutory breaches 250T Making a complaint about a statutory breach (1) A person may make a complaint about a statutory breach by a councillor by giving written notice of the complaint to the local government’s chief executive officer. (2) Subsection (1) does not limit a person’s ability to make a complaint about a statutory breach under the Crime and Misconduct Act 2001 or the Ombudsman Act 2001 .

s 250U 261 Local Government Act 1993 s 250V 250U Referring complaints about statutory breaches to conduct review panel (1) The chief executive officer must refer a complaint about a statutory breach of the local government’s code of conduct by a councillor to the conduct review panel for review if— (a) the complaint is made to the chief executive officer under section 250T(1) and the chief executive officer is not required, under the Crime and Misconduct Act 2001 , to notify the CMC about the complaint; or (b) a complaint about the breach has been made to the CMC or the ombudsman (the external review body ) and the external review body has notified the chief executive officer that the external review body— (i) has decided not to take action, or to discontinue action, in relation to the complaint; and (ii) recommends the complaint be referred to the local government’s conduct review panel for review. (2) If a complaint is referred to the conduct review panel under subsection (1), the chief executive officer must, as soon as practicable, give the councillor written notice that a complaint about a statutory breach by the councillor has been referred to the panel. 250V Review of complaints by conduct review panel (1) The conduct review panel must review a complaint about a repeat breach or statutory breach of the local government’s code of conduct by a councillor if the complaint is referred to the panel by— (a) for a repeat breach—the local government under section 250Q or 250S; or (b) for a statutory breach—the chief executive officer under section 250U. (2) The conduct review panel must give a report to the local government about its review of the complaint. (3) In the report, the panel may— (a) state whether—

s 250W 262 Local Government Act 1993 s 250W (i) the panel considers the complaint to concern frivolous matter or to have been made vexatiously; or (ii) the panel considers more information would be required to make a recommendation mentioned in paragraph (b); and (b) make recommendations to the local government about— (i) whether the panel considers the councillor committed the alleged repeat breach or statutory breach; and (ii) what the panel considers would be an appropriate penalty, as provided for under subdivision 5, for the councillor. (4) Subsection (3)(a)(i) does not apply in relation to a complaint about a statutory breach mentioned in section 250U(1)(b). (5) A councillor is not entitled to inspect, make a copy of, or take an extract from, a panel document relating to the complaint until the panel has given a report about the complaint to the local government as required under subsection (2). (6) In this section— panel document means any of the following— (a) a document held by the conduct review panel; (b) a record about a proceeding of the conduct review panel. 250W Decision by local government about repeat breach or statutory breach (1) This section applies if the conduct review panel gives the local government a report on a complaint about a repeat breach or statutory breach it has reviewed as required under section 250V. (2) Unless the report states the panel considers the complaint to concern frivolous matter or to have been made vexatiously, the local government must decide, by resolution, whether the councillor has committed the alleged repeat breach or statutory breach.

s 250X 263 Local Government Act 1993 s 250X (3) If the local government decides the councillor has committed the breach, it may— (a) take no further action in respect of the breach; or (b) by resolution, impose a penalty on the councillor under subdivision 5. (4) In deciding whether the councillor breached the code of conduct and whether to impose a penalty on the councillor, the local government must comply with the principles of natural justice. (5) A resolution made by the local government under this section that does not adopt a recommendation made by the conduct review panel must include a statement of the reasons for not adopting the recommendation. Subdivision 5 Penalties 250X Penalties local government may impose (1) This section applies if a local government decides, under section 250Q, 250S or 250W, that a councillor has breached the local government’s code of conduct. (2) The local government may impose 1 or more of the following penalties on the councillor— (a) a written reprimand; (b) for a meeting breach—suspension from the remainder of the local government meeting at which the local government decides the councillor has breached the code; (c) suspension for a stated period from future meetings of— (i) the local government; and (ii) a committee of the local government of which the councillor is a member. (3) The maximum period of a suspension under subsection (2)(c) must not include more than—

s 250Y 264 Local Government Act 1993 s 250ZA (a) for a meeting breach or minor breach—1 ordinary meeting of the local government; or (b) for a repeat breach or statutory breach—2 consecutive ordinary meetings of the local government. 250Y Effect of suspension of councillor for s 252 (1) This section applies if a local government imposes a penalty on a councillor under section 250X(2)(c). (2) For section 252, the councillor is taken to have leave from the local government to be absent from the meetings of the local government from which the councillor is suspended. Subdivision 6 Conduct review panel 250Z Pool of members for conduct review panel (1) Each local government must appoint a pool of members for its conduct review panel. (2) An individual must not be appointed to the pool of members unless, under section 250ZA, the individual is qualified for appointment as a member of the panel. (3) An individual may be appointed to the pool of members for not more than 4 years. (4) When the panel is convened, it must consist of not less than 3 individuals from the pool of members. (5) The panel may be convened by the local government as required to review complaints referred to the panel under subdivision 4. 250ZA Qualifications for appointment as member of conduct review panel (1) An individual is qualified for appointment as a member of a conduct review panel only if the individual—

s 250ZB 265 Local Government Act 1993 s 250ZD (a) has extensive knowledge and experience in local government, public administration, law, public finance or community affairs; or (b) has other qualifications and experience the local government considers appropriate. (2) However, an individual who would otherwise be qualified for appointment under subsection (1) is not qualified if the individual— (a) is a member of, or is a nominee for election as a member of, an Australian parliament; or (b) is a councillor of, or is a nominee for election as a councillor of, a local government; or (c) accepts appointment as a councillor of a local government; or (d) is a member of a political party; or (e) is a local government employee. 250ZB Removal from pool of conduct review panel members Individuals may remove themselves from the pool of members for a conduct review panel by giving written notice to the local government. 250ZC Quorum for meetings of conduct review panel A quorum for a meeting of a conduct review panel is the greater of the following— (a) 3 panel members; (b) a majority of the panel members. 250ZD Chairperson of conduct review panel (1) If the local government does not appoint a chairperson for a conduct review panel, the panel may appoint 1 of its members as chairperson. (2) If the chairperson is not present at a meeting, the members present may appoint a chairperson for the meeting.

s 250ZE 266 Local Government Act 1993 s 250ZH 250ZE Meetings of conduct review panel (1) Meetings of a conduct review panel are to be held at the times and places it decides. (2) At a meeting— (a) a question is decided by a majority of the votes of the members present; and (b) each member present has a vote on each question to be decided and, if the votes are equal, the chairperson for the meeting has a casting vote; and (c) if a member present fails to vote, the member is taken to have voted in the negative. 250ZF Payment of fee to members of conduct review panel by local government A member of a conduct review panel is entitled to be paid a fee for attending meetings of the panel as agreed with the local government. 250ZG Costs of conduct review panel to be met by local government The costs of convening a conduct review panel must be paid by the local government. Examples of costs — • reimbursement of travel and accommodation expenses incurred by members in attending meetings of the panel • meeting fees payable to members of the panel as agreed by the local government 250ZH Indemnity for panel members (1) A member of a conduct review panel does not incur civil liability for an act or omission done honestly and without negligence under this Act. (2) A liability that would, apart from this section, attach to a member of a conduct review panel attaches instead to the local government.

s 250ZI 267 Local Government Act 1993 s 250ZJ 250ZI Indemnity for persons giving information to a conduct review panel (1) A person giving information to a conduct review panel does not incur civil liability for giving information to the panel honestly and without negligence. (2) This section does not limit the operation of the Whistleblowers Protection Act 1994 . Subdivision 7 Miscellaneous 250ZJ Frivolous or vexatious complaint (1) A local government may give notice to a person that a complaint made by the person about a breach of the local government’s code of conduct by a councillor will not be dealt with because it appears— (a) to concern frivolous matter; or (b) to have been made vexatiously. (2) The notice must advise the person that if the person again makes the same or substantially the same complaint to the local government the person commits an offence under subsection (3). (3) A person who, after receiving the notice mentioned in subsection (2), again makes the same or substantially the same complaint to the local government commits an offence. Maximum penalty—20 penalty units. (4) It is a defence to prove that the complaint did not concern frivolous matter and was not made vexatiously. (5) This section does not apply in relation to a complaint about a statutory breach originally made to the CMC or the ombudsman and referred to the conduct review panel under section 250U.

s 251 268 Local Government Act 1993 s 253 Part 4 Vacancies in membership of local governments 251 Application of part to Brisbane City Council This part applies to the Brisbane City Council. 252 When councillor’s office becomes vacant (1) A person’s office as a local government councillor is vacated if the person— (a) ceases to be qualified to be or become a councillor under part 1, division 2; or (b) without the local government’s leave, is absent from 3 or more consecutive ordinary meetings of the local government over at least 3 months; or (c) on a review under the Judicial Review Act 1991 , is found to be unlawfully elected or appointed, or ineligible to continue to act as, a councillor of the local government; or (d) resigns as a councillor; or (e) becomes a local government employee; or (f) otherwise ceases to hold the office before the end of the councillor’s term of office. (2) In this section— local government employee does not include— (a) a person employed under a Commonwealth funded community development project for Aborigines or Torres Strait Islanders; or (b) a person prescribed by regulation. 253 Filling of earlier vacancies by by-election (1) This section applies if a person’s office as a local government councillor becomes vacant before 1 March (the cut off date )

s 254 269 Local Government Act 1993 s 254 in the year before the year in which the next quadrennial elections for the local government are to be held. (2) The vacancy must be filled by a by-election. 254 Filling of later vacancies by appointment (1) This section applies if the office of a person (the former councillor ) as a local government councillor becomes vacant on or after the cut off date. (2) The local government must fill the office by appointing a qualified person (the new councillor ) to the office. (3) Subsection (4) applies if— (a) the last filling of the office of the former councillor was by an election; and (b) the former councillor was a candidate for the election; and (c) the former councillor was nominated for the election by a registered officer of a political party under— (i) section 303(1)(a); or (ii) if the former councillor was a councillor of the Brisbane City Council—the Electoral Act 1992 , section 84(1)(a). 19 (4) The new councillor must be the political party’s nominee. (5) If the last filling of the office of the former councillor was by an appointment of a political party’s nominee made in accordance with subsection (4) or this subsection, the new councillor must be a nominee of the political party. (6) If the former councillor held office as mayor of the local government, the local government must fill that office by appointing— (a) an existing councillor as mayor; or (b) another qualified person as mayor. 19 The Electoral Act 1992 , section 84 is applied to nominations for election as a councillor of the Brisbane City Council under the City of Brisbane Act 1924 , section 17(5).

s 254 270 Local Government Act 1993 s 254 (7) Subsection (8) applies if— (a) the former councillor held office as mayor; and (b) the last filling of the office of mayor was at an election; and (c) the former councillor was a candidate for the election; and (d) the former councillor was nominated for the election by a registered officer of a political party under— (i) section 303(1)(a); or (ii) if the former councillor was a councillor of the Brisbane City Council—the Electoral Act 1992 , section 84(1)(a). 20 (8) The person appointed under subsection (6) must be the political party’s nominee. (9) If the last filling of the office of mayor was by an appointment of a political party’s nominee made in accordance with subsection (8) or this subsection, the person appointed under subsection (6) must be a nominee of the political party. (10) If the former councillor held office as mayor, the local government may act under subsection (2) for the vacancy only if it has already appointed an existing councillor as mayor. (11) If a vacancy that should be filled under this section is not properly filled within 2 months after the vacancy happens, the Governor in Council may appoint a qualified person to fill the vacancy. (12) In this section— qualified person means a person who is qualified to become a councillor of the local government. 20 The Electoral Act 1992 , section 84 is applied to nominations for election as a councillor of the Brisbane City Council under the City of Brisbane Act 1924 , section 17(5).

s 255 271 Local Government Act 1993 s 256 255 Duty to seek political party’s nominee for appointment to vacancy (1) This section applies if there is a vacancy in the office of a local government councillor and the vacancy is to be filled by the nominee of a political party. (2) Within 14 days after the vacancy happens, the chief executive officer of the local government must, by written notice given to the political party, request the party to inform the officer of the full name and address of its nominee to fill the vacancy. (3) The notice may be given to the political party by giving it to the party’s registered officer under the Electoral Act 1992 . 256 Duty to seek other nominees for appointment to vacancy (1) This section applies if there is a vacancy in the office of a local government councillor and the vacancy is not to be filled by the nominee of a political party. (2) Within 14 days after the vacancy happens, the chief executive officer must— (a) by notice published in a newspaper circulating generally in the local government’s area, invite nominations from persons qualified to fill the vacancy; and (b) by written notice to each person who was a candidate for the office at the last election— (i) inform the person of the vacancy; and (ii) ask the person to indicate in writing whether the person is willing to accept the office if appointed. (3) If persons qualified to fill the vacancy nominate for appointment or indicate a willingness to accept the office if appointed, the local government must fill the vacancy by appointment from among the persons.

s 257 272 Local Government Act 1993 s 259 Part 5 Membership of joint local governments 257 Election of members (1) Each component local government or group of component local governments of a joint local government must elect the number of representatives to which the local government or group is entitled on the joint local government. (2) The representatives must be elected from— (a) for a component local government—its councillors; or (b) for a group of local governments—the councillors of the local governments in the group. (3) This section is subject to any regulation made for the joint local government under section 48(2). 258 When members are to be elected The election of the members of a joint local government must be held— (a) before the first meeting of the joint local government; and (b) within 1 month after each of the later quadrennial elections of local governments. 259 Delegate members (1) Each component local government or group of component local governments must elect 1 person as a delegate representative on the joint local government. (2) The delegate representative must be elected from— (a) for a component local government—its councillors; or (b) for a group of local governments—the councillors of the local governments in the group.

s 260 273 Local Government Act 1993 s 262 (3) In the absence of a representative of a component local government or group of component local governments, the delegate representative may act as the representative. 260 Filling of casual vacancies (1) If a vacancy happens in the office of a representative or delegate representative of a component local government or group of component local governments, the component local government or group must, within 2 months after the vacancy happens, elect a new representative or new delegate representative to fill the vacancy. (2) The representative or delegate representative must be elected from— (a) for a component local government—its councillors; or (b) for a group of local governments—the councillors of the local governments in the group. (3) This section is subject to any regulation made for the joint local government under section 48(2). 261 Returning officer for elections The returning officer for an election of a representative or delegate representative of a group of component local governments in a joint local government is— (a) the joint local government’s chief executive officer; or (b) if there is no chief executive officer of the joint local government—a person appointed by the Minister for the purpose. 262 Appointment of representatives on default If a component local government or group of component local governments fails to elect the number of representatives in a joint local government to which it is entitled at or within the time it is required to elect them, the Governor in Council may, by gazette notice, appoint a number of councillors of the component local government or group of component local

s 263 274 Local Government Act 1993 s 265 governments necessary to make up the required number of representatives. 263 President and deputy president (1) A joint local government must appoint a president and deputy president from its members, by resolution, at— (a) the first meeting of the joint local government; and (b) at its first meeting after each of the later quadrennial elections of local governments. (2) For the purpose of electing the president, the chief executive officer or someone else appointed by the Minister is to preside (without entitlement to vote). (3) This section applies subject to any regulation made for the joint local government under section 44(b). 264 Presiding at meetings (1) The president of a joint local government presides at meetings of the joint local government at which the president is present. (2) If the president is not present at a meeting, the deputy president is to preside. 265 Overriding duty of joint local government member In taking part in the exercise of a joint local government’s jurisdiction, a member of the joint local government must act in the best interests of— (a) the whole of its area; and (b) the responsible exercise of the joint local government’s jurisdiction in its area.

s 284AA 275 Local Government Act 1993 s 285 Part 5 Division of local government areas Division 1 Preliminary 284AA Non-application of part to indigenous regional councils (1) This part does not apply to an indigenous regional council. (2) For any election of a councillor of an indigenous regional council after the 2008 quadrennial elections, the following matters must be provided for under a regulation— (a) whether the council’s local government area is divided; (b) if the area is divided— (i) what the divisions are; and (ii) the number of councillors assigned to each division. 284A Definition for pt 5 In this part— information date means— (a) for Brisbane City Council—1 October in the year that is 2 years before the year of the quadrennial elections for local governments; or (b) for another local government—1 March in the year before the year of the quadrennial elections for local governments. Division 2 Quota requirements for divided local governments 285 Equitable division of local government areas (1) For each divided local government area and each local government area, or proposed local government area, that is

s 286 276 Local Government Act 1993 s 286 proposed to be divided, there must be a quota of voters for each councillor to be elected for a division of the area. (2) The quota is worked out by dividing the total number of electors, as nearly as can be found out, by the number of councillors (other than the mayor) of the local government. 286 Quota to be complied with in division of local government area and assignment of councillors (1) The quota worked out for a local government area or proposed local government area under section 285 must be complied with in the determination of— (a) a reviewable local government matter (other than a limited reviewable local government matter); or (b) a limited reviewable local government matter. (2) However, a margin of allowance may be adopted if necessary, but the quota must not be departed from— (a) for a local government area with more than 10000 electors—by more than 10%; or (b) for another local government area—by more than 20%. (3) Also, an electoral and boundaries review commission may, if it is satisfied it is appropriate in its determination, under section 93(4) or 102(4), of a reviewable local government matter, adopt a margin of allowance, but the quota must not be departed from— (a) for a local government area with more than 10000 electors—by more than 20%; or (b) for another local government area—by more than 40%. (4) However, a commission must not make a determination under subsection (3) in the period starting on the information date mentioned in section 287 for a local government and ending on the date of the next quadrennial elections. (5) Also, subsection (3) does not apply if— (a) the reference for the matter includes a reviewable local government matter mentioned in section 64(1)(a) or (f); or

s 287 277 Local Government Act 1993 s 287 (b) the matter is referred to the commissioner under section 288. (6) For subsection (2), the quota must be worked out as near as practicable to— (a) if the matter is a reviewable local government matter (other than a limited reviewable local government matter)—the time notice of the proposed determination of the matter is given under section 90 or 100; or (b) if the matter is a limited reviewable local government matter—the time notification in the gazette of the determination of the matter is given under section 109. (7) For subsection (3), the quota must be worked out as near as practicable to the time notice of the proposed determination of the matter is given under section 90 or 100. Division 3 Disclosure requirements and references 287 Disclosure of compliance or noncompliance with quota requirements (1) Not later than the information date, each local government whose area is divided must inform the Minister, in writing, whether each division of its area is consistent with the basis specified in section 286(2). (2) The information must be based on the roll of electors in each division available as near as practicable to the information date. (3) However, subsection (1) does not apply to a local government, if— (a) an electoral and boundaries review commission has made a delayed implementation determination for a reviewable local government matter for the local government’s area; and (b) the determination was made after the conduct of the last election of all councillors for the local governments affected by the determination.

s 288 278 Local Government Act 1993 s 288 288 Matter of area’s division referred to commissioner (1) The Minister must refer the matter of the division of a local government’s area to the commissioner if the local government informs the Minister— (a) for the 2004 quadrennial elections for local governments or the quadrennial elections held every 8 years after the 2004 quadrennial elections— (i) if the local government has less than 6 divisions—2 or more divisions in its area are not consistent with the basis specified in section 286(2); or (ii) if the local government has 6 or more divisions—one-third or more of the divisions in its area are not consistent with the basis specified in section 286(2); or (b) for the 2008 quadrennial elections for local governments or the quadrennial elections held every 8 years after the 2008 quadrennial elections—a division in its area is not consistent with the basis specified in section 286(2). (2) Also, the Minister must refer the matter of the division of a local government’s area to the commissioner if— (a) the local government fails to inform the Minister as required by section 287 about its area; or (b) the Minister reasonably believes information given under section 287 is incorrect. (3) In addition, the Minister must refer the matter of the division of a local government’s area to the commissioner— (a) if— (i) an electoral and boundaries review commission has made a determination, under section 93(4) or 102(4), for a reviewable local government matter for the area; or (ii) an electoral and boundaries review commission has made a delayed implementation determination for a reviewable local government matter for the area; and

s 442 279 Local Government Act 1993 s 443 (b) the determination was made since the conduct of the last election of all councillors for the local governments affected by the determination. (4) If the number of divisions in a local government area is not a multiple of 3, the area is, for subsection (1)(a)(ii), taken to have the number of divisions that is the next lower number to the actual number of divisions that is a multiple of 3. (5) A reference under subsection (3) must be made as soon as practicable after the information date for the local government. Chapter 6 General operation of local governments Part 1 Proceedings of local governments Division 1 What meetings are held 442 Post-election meetings A local government must hold a meeting within 14 days after the conclusion of the quadrennial elections and each fresh election of its councillors. 443 Agenda of post-election meetings The matters a local government must consider at a meeting mentioned in section 442 include— (a) the day and time for holding other meetings; and (b) the appointment of its deputy mayor; and (c) the appointment of its standing committees.

s 444 280 Local Government Act 1993 s 447 444 Other meetings (1) Other meetings of a local government are to be held at the times and places it decides. (2) However, it must meet— (a) for a region, city or town—at least once in each month; or (b) for a shire—at least once in each period of 3 months. Division 2 Local government meetings 445 Place of meetings (1) All meetings of a local government must be held at its public office. (2) However, a local government may, by resolution, fix another place for a particular meeting. 446 Quorum at meetings (1) A quorum of a local government is a majority of its councillors. (2) However, if the number of councillors is an even number, one-half of the number is a quorum. 447 Procedure at meetings (1) Business may be conducted at a meeting of a local government only if a quorum is present. (2) At a meeting— (a) voting must be open; and (b) a question is decided by a majority of the votes of the councillors present; and (c) each councillor present has a vote on each question to be decided and, if the votes are equal, the councillor presiding has a casting vote; and

s 448 281 Local Government Act 1993 s 450 (d) if a councillor present fails to vote, the councillor is taken to have voted in the negative. 448 Minutes must be kept (1) A local government must keep minutes of its proceedings. (2) The minutes must be taken and confirmed under section 461. 449 Adjournment of meetings (1) The majority of councillors present at a meeting of a local government may adjourn the meeting to a later hour of the same day or to a later day. (2) If a quorum is not present within 30 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— (a) a majority of the councillors present; or (b) if only 1 councillor is present—the councillor; or (c) if no councillors are present—the chief executive officer. 450 Notice of meetings (1) Written notice of each meeting or adjourned meeting of a local government must be given to each councillor at least 2 days before the day of the meeting unless it is impracticable to give the notice. (2) A notice must specify— (a) the day and time of the meeting; and (b) for a special meeting—the object of the meeting. (3) The only business that may be conducted at a special meeting is the business specified in the notice of meeting. (4) For an indigenous regional council, the 2 days mentioned in subsection (1) must be taken to be 4 days.

s 451 282 Local Government Act 1993 s 453 451 Repeal or amendment of resolutions (1) A resolution of a local government may be repealed or amended only if written notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made. (2) At the meeting to decide the proposal, the proposal is taken to have been defeated unless it is agreed to by— (a) if the number of councillors present at the meeting is more than the number present at the meeting at which the resolution was adopted—a majority of the councillors present; or (b) in any other case—a majority of all councillors. Division 3 Committees and their meetings 452 Appointment of committees A local government may— (a) appoint, from its councillors, standing committees or special committees; and (b) appoint advisory committees; and (c) fix the quorum of each committee; and (d) appoint a chairperson of each committee. 453 Advisory committees (1) An advisory committee— (a) must not be appointed as a standing committee; and (b) may include in its members persons who are not councillors. (2) A member of an advisory committee who is not a councillor may vote on business before the committee.

s 454 283 Local Government Act 1993 s 457 454 Delegate members of committees (1) A local government that appoints a committee may appoint 1 person as a delegate member of the committee. (2) In the absence of a member of the committee, the delegate member may attend meetings of the committee and act as a member of the committee. 455 Quorum A quorum of a committee is the number— (a) fixed by the local government; or (b) if a number is not fixed by the local government—fixed by the committee. 456 Chairperson of committee (1) If the local government does not appoint a chairperson for a committee, the committee may appoint 1 of its members as chairperson. (2) If the chairperson is not present at a meeting, the members present may appoint a chairperson for the meeting. 457 Committee meetings (1) Meetings of a committee are to be held at the times and places it decides. (2) At a meeting— (a) voting must be open; and (b) a question is decided by a majority of the votes of the members present; and (c) each member present has a vote on each question to be decided and, if the votes are equal, the member presiding has a casting vote; and (d) if a member present fails to vote, the member is taken to have voted in the negative.

s 458 284 Local Government Act 1993 s 461 458 Reports A committee must report to the local government as directed by the local government. 459 Minutes must be kept unless committee exempted (1) A committee must keep minutes of its proceedings unless it is exempted under subsection (3). (2) The minutes must be taken and confirmed under section 461. (3) A local government may, by resolution, exempt a committee from the requirement to keep minutes of its proceedings if the committee’s function is only to advise or recommend to the local government. (4) If a committee is exempted under subsection (3), it must give to the local government a written report of its deliberations and its advice or recommendations. Division 4 Meetings generally 460 Division applies to local governments and their committees This division applies to a meeting of a local government or a committee. 461 Minutes (1) A local government’s chief executive officer must ensure that minutes of each meeting are taken under the supervision of the person presiding at the meeting. (2) Minutes of each meeting must include— (a) the names of councillors or committee members present at the meeting; and (b) if a division is called on a question—the names of all persons voting on the question and how they voted. (3) At each meeting, the minutes of the previous meeting must be—

s 461A 285 Local Government Act 1993 s 461A (a) confirmed by the councillors or members present; and (b) signed by the person presiding at the later meeting. 461A Recording of reasons for particular decisions (1) This section applies if a decision made at a meeting— (a) is inconsistent with a recommendation or advice given to the local government by a person— (i) who is an employee of the local government or is otherwise engaged to provide services to the local government; and (ii) whose duties include giving the recommendation or advice; and (b) either or both of the following apply to the decision— (i) the decision is about entering into a contract the total value of which is more than the greater of the following— (A) $150000; (B) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report; (ii) the decision is inconsistent with— (A) the policy or approach ordinarily followed by the local government for the type of decision; or (B) a policy previously adopted by the local government by resolution, whether or not as required by this Act, and still in force. Examples of decisions to which subsection (1) might apply — • the grant of a licence, permit or approval, however named, under an Act or local law • the grant of a concession, rebate or waiver in relation to an amount owed to the local government • disposing of land or a non-current asset

s 462 286 Local Government Act 1993 s 463 (2) The chief executive officer of the local government must ensure the minutes of the meeting include a statement of the reasons for not adopting the recommendation or advice. 462 Meetings in public unless otherwise resolved A meeting is open to the public unless the local government or committee has resolved that the meeting be closed under section 463. 463 Closed meetings (1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss— (a) the appointment, dismissal or discipline of employees; or (b) industrial matters affecting employees; or (c) the local government’s budget; or (d) rating concessions; or (e) contracts proposed to be made by it; or (f) starting or defending legal proceedings involving it; or (g) any action to be taken by the local government under the Sustainable Planning Act 2009 , including deciding applications made to it under that Act; or (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage. (2) A resolution that a meeting be closed must specify the nature of the matters to be considered while the meeting is closed. (3) A local government or committee must not make a resolution (other than a procedural resolution) in a closed meeting.

s 464 287 Local Government Act 1993 s 467 464 Public notice of meetings (1) A local government must, at least once in each year, publish in a newspaper circulating generally in its area a notice of the days and times when its ordinary meetings, and the ordinary meetings of its standing committees, will be held. (2) The local government must display in a conspicuous place in its public office a notice of the days and times when— (a) its meetings will be held; or (b) meetings of its committees will be held. (3) The local government must immediately notify any change to the days and times mentioned in subsection (1) or (2) in the same way as the days and times were previously notified. (4) A list of the items to be discussed at a meeting mentioned in subsection (2) must be open to inspection at the time the agenda for the meeting is made available to councillors. (5) Subsection (4) does not affect the right to discuss or deal with, at any meeting, items arising after the agenda for the meeting is made available to councillors. Division 5 Records 466 Safe custody of records The chief executive officer of a local government is responsible for safe custody of— (a) all records about the proceedings, accounts or transactions of the local government or its committees; and (b) all documents owned or held by the local government. 467 Loss or destruction of records (1) If a document owned or held by a local government is lost or destroyed, the Governor in Council may make regulations for the purpose of repairing the loss.

s 468 288 Local Government Act 1993 s 470 (2) A regulation may, for example, provide that a copy of the document is effective for all purposes, including being admissible in evidence, as if it were the original. 468 Inspection of records by the public (1) A copy of the minutes of each meeting of a local government— (a) must be available for inspection at its public office within 10 days after the end of the meeting; and (b) when the minutes have been confirmed—must be available for purchase at the public office. (2) The price of a copy of confirmed minutes must not be more than— (a) the cost to the local government of having the copy printed and made available for purchase; and (b) if the copy is supplied to a purchaser by post—the cost of postage. 469 Inspection of records by members (1) This section applies to local government records, whether or not they are open to inspection under section 468. (2) A councillor of the local government may inspect, and make a copy of or take an extract from, a record about its operations or the operations of any of its committees. (3) A member of a committee may inspect, and make a copy of, a record about the committee’s operations. (4) This section is subject to sections 250V(5) and 1135. 470 Duty to make records available A person who has charge of a document owned or held by a local government must not obstruct or hinder the inspection or copying of the document under section 468 or 469. Maximum penalty—10 penalty units.

s 471 289 Local Government Act 1993 s 472 Division 6 Miscellaneous 471 Correspondence with local government (1) All correspondence with a local government about matters affecting it is taken to be addressed to the chief executive officer. (2) The chief executive officer is responsible for taking the appropriate action for the correspondence. 472 Delegation by local government (1) A local government may, by resolution, delegate its powers under a local government Act. (2) The delegation may be made to— (a) the mayor; or (b) a standing committee or joint standing committee; or (c) the chairperson of a standing committee or joint standing committee; or (d) the chief executive officer. (3) However, a local government may not delegate a power if— (a) the power is to take disciplinary action against an employee appointed by it; or (b) an Act provides that the power must be exercised by resolution. (4) All delegations made by a local government must be recorded in a register of delegations kept by its chief executive officer. (5) All appointments by a local government of shareholder’s delegates for its LGOCs under section 643 must be recorded in the register. (6) The register must contain the particulars prescribed by regulation. (7) The register is open to inspection.

s 473 290 Local Government Act 1993 s 473A (8) Subsections (1) to (4) do not apply to powers of a local government as a shareholder of an LGOC, under chapter 8, part 7. (9) Subsections (4) to (7) apply to delegations by shareholder’s delegates under section 729 as if the shareholder’s delegates were the local government. (10) An indigenous regional council can not under this section delegate powers to a community forum of the council. 473 Preservation of proceedings Proceedings of a local government or any of its committees or actions of a person acting as a councillor or member of a committee, are not invalid merely because of— (a) vacancies in the membership of the local government or committee; or (b) a defect or irregularity in the election or appointment of any councillor or committee member; or (c) the disqualification of a councillor or committee member from acting as a councillor or committee member. 473A Community boards (1) A local government may establish 1 or more community boards for local communities within its local government area to advise the local government about matters relating particularly to the local communities. (2) In establishing a community board, a local government must— (a) to the extent practicable, identify the local communities; and (b) appoint the members of the community board. Example of possible suitable members — recognised community leaders (3) A regulation may provide for—

s 474 291 Local Government Act 1993 s 477 (a) other matters about the establishment of community boards; and (b) requirements about the operation of community boards. (4) Subject to a regulation providing for a requirement about the operation of community boards, a community board may conduct its business, including its meetings, in the way it considers appropriate. Part 2 Polls 474 Authority to conduct poll A local government may conduct a poll of the electors in its area or a part of its area. 475 Subject matter of polls A poll may be conducted on any local government issue of concern to a local government area or part of a local government area. 476 Poll must be on Saturday A poll must be conducted on a Saturday. 477 Electoral provisions that apply to a poll (1) The provisions mentioned in subsection (2) apply (with any necessary changes and any changes prescribed by regulation) to a poll as if— (a) the poll is conducted on the day of quadrennial elections—the poll were a quadrennial election; or (b) the poll is conducted on any other day—the poll were a by-election.

s 478 292 Local Government Act 1993 s 480 (2) The relevant provisions are chapter 5, parts 2, 3 and 6 and section 282. 478 Cases for and against question in poll (1) In every poll, a statement of the case for, and a statement of the case against, the question to be voted on in the poll is open to inspection. (2) In every poll, the returning officer for the poll must ensure that the statements of the cases for and against the question to be voted on are given to each elector a reasonable time before the day of the poll. (3) A regulation may make provision about how the statements of the cases for and against the question are to be prepared for the purposes of this section. 479 Publication of poll result As soon as practicable after the result of a poll is decided, the returning officer for the poll must give public notice of the result, by advertisement in a newspaper circulating generally in the local government area or part of the local government area. 480 Restrictions on conducting another poll on the same question (1) If a local government conducts a poll on a question in its area, it must not conduct another poll on the same, or substantially the same, question within 1 year of the poll. (2) If a local government conducts a poll in part of its area, subsection (1) applies for that part. (3) However, subsections (1) and (2) do not apply to a second poll held on the day of— (a) the next quadrennial elections; or (b) if the second poll is conducted only in part of the local government’s area—a by-election for that part.

s 481 293 Local Government Act 1993 s 481B Part 3 Contracts and related activities Division 1 Preliminary 481 Principles governing the making of contracts (1) In entering into contracts for the carrying out of work, the supply of goods or services or the disposal of assets, a local government must have regard to the following principles— (a) open and effective competition; (b) value for money; (c) encouragement of the development of competitive local business and industry; (d) environmental protection; (e) ethical behaviour and fair dealing. (2) For contracts for the carrying out of work, or the supply of goods or services, the principles are the procurement principles . 481A What are procurement activities of a local government The procurement activities of a local government are its activities that are, or relate to, the making of contracts for the carrying out of work, or the supply of goods or services. 481B What are designated disposal activities of a local government The designated disposal activities of a local government are its activities that are, or relate to, the disposal of its non-current assets, other than land, that have a value of more than the threshold amount.

s 483 294 Local Government Act 1993 s 483A 483 Entering into a contract under delegation (1) A local government’s delegate may make, vary or discharge a contract for the local government in the same way as if the contract were made, varied or discharged by an individual. (2) However, subsection (1) applies only if— (a) the spending incurred for the local government because of the making, variation or discharge of the contract— (i) has been provided for in an approved budget for the financial year when the making, variation or discharge happens; or (ii) is incurred under section 522 but is within the limits stated in the resolution of the local government delegating the power under which the contract is made, varied or discharged; or (b) the contract has been entered into because of genuine emergency or hardship. (3) This section does not affect another law that requires— (a) an approval, consent or permission to be obtained; or (b) a procedure to be complied with for the making, varying or discharging of a contract. Division 2 Strategic contracting model Subdivision 1 Preliminary 483A Purpose of div 2 (1) The purpose of this division is to enable each local government to take a strategic approach to its procurement activities and designated disposal activities, after taking into account the procurement principles. (2) In this section— strategic approach means an approach that identifies potential opportunities while managing adverse risks.

s 483B 295 Local Government Act 1993 s 483C Subdivision 2 Choice of strategic contracting model 483B Power to choose strategic contracting model (1) A local government may, by resolution, decide this division applies to it. (2) However, the resolution may be passed only if— (a) the local government has considered the costs and benefits of complying with this division; and (b) notice has been given of the proposed resolution at least 4 weeks before the meeting at which the resolution is proposed. (3) The notice must be— (a) published in a newspaper circulating generally in the local government’s area; and (b) state the proposed resolution and the day and time of the meeting. (4) The local government may, by a later resolution, decide this division no longer to applies to it. (5) Subsections (2) and (3) do not apply to the later resolution. 483C Effect of choice (1) If, under section 483B, a local government passes a resolution that this division applies to it, the local government must comply with subdivisions 3 to 5 from— (a) generally—the day the resolution is passed; or (b) if the resolution states a later day of effect—the later day. (2) The later day must not be more than 1 year after the resolution is passed. (3) To remove any doubt, it is declared that the passing of the resolution does not, of itself, affect a contractual obligation or right of the local government.

s 483D 296 Local Government Act 1993 s 483D (4) If immediately before the day this division commences to apply to the local government— (a) it had, under division 3, invited tenders or sought quotations in relation to a particular procurement activity; and (b) tenders or quotations had been given or made in response to the invitation or the seeking of quotations; and (c) the local government had not accepted, or decided not to accept, any of the tenders or quotations; division 3 continues to apply for the activity as if the resolution had not been passed. (5) If the local government later decides this division no longer applies to it, the local government must continue to comply with this division for procurement activities and designated disposal activities that happened while this division applied to it. Subdivision 3 Requirements relating to procurement activities 483D Annual procurement plans (1) The local government must adopt, by resolution, a procurement plan for each of its financial years. (2) The resolution must be passed before the adoption of the local government’s budget for the financial year to which the procurement plan relates. (3) The procurement plan must be consistent with, and support, the achievement of the strategic directions stated in the local government’s corporate plan. (4) The procurement plan must state— (a) the types of procurement activities proposed for the financial year; and (b) how the procurement principles are to be applied for the activities; and

s 483E 297 Local Government Act 1993 s 483G (c) how the application of the principles will be measured; and (d) a policy about proposed delegations for the activities; and (e) a policy about the making of the local government’s significant procurement activity plans; 21 and (f) a market assessment for each of the activity types; and (g) any of the activities (a significant procurement activity ) that the local government considers will be significant. (5) In considering whether any of the activities are a significant procurement activity, the local government must have regard to the market assessment. (6) The market assessment must consist of a profile of the relative expenditure and difficulty in securing supply of the activity type assessed. 483E Amendment of procurement plan The local government may, by resolution, amend its procurement plan at any time before the end of the financial year to which it relates. 483F Inspection of procurement plan The local government must— (a) keep its procurement plan open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to it of producing the copy and, if a copy is supplied to a purchaser by post, the cost of the postage. 483G Significant procurement activity plans (1) If the local government’s procurement plan states any significant procurement activities, the local government must 21 See section 483G (Significant procurement activity plans).

s 483H 298 Local Government Act 1993 s 483I make a plan (a significant procurement activity plan ) for each of the activities before it starts. (2) A significant procurement activity plan must state— (a) its objectives, and how they will be achieved; and (b) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and (c) a risk analysis of the market from which the relevant goods or services are to be procured. (3) The objectives must be consistent with the local government’s procurement plan. (4) The local government may amend a significant procurement activity plan at any time before the end of the financial year to which it relates. 483H Procurement manual (1) The local government must prepare a manual of procedures for how it carries out its procurement activities. (2) The manual must— (a) apply the procurement principles; and (b) be consistent with the local government’s procurement plan. Subdivision 4 Requirements relating to designated disposal activities 483I Annual asset disposal plan (1) The local government must adopt, by resolution, an asset disposal plan for its designated disposal activities for each of its financial years. (2) The asset disposal plan must— (a) comply with section 483J; and

s 483J 299 Local Government Act 1993 s 483L (b) be consistent with, and support, the achievement of the strategic directions stated in the local government’s corporate plan. (3) The resolution must be passed before the adoption of the local government’s budget for the financial year to which the asset disposal plan relates. 483J Requirements for asset disposal plan (1) An asset disposal plan must state each of the following— (a) the types of designated disposal activities proposed for the financial year to which it relates; (b) the principles and strategies for carrying out the activities; (c) how the application of the principles will be measured; (d) the outcomes proposed to be achieved from carrying out the activities; (e) any of the activities (a significant designated disposal activity ) that the local government considers will be significant. (2) In considering whether any of the activities are a significant designated disposal activity, the local government must have regard to the matters mentioned in subsection (1)(a) to (d). 483K Amendment of asset disposal plan The local government may, by resolution, amend its asset disposal plan at any time before the end of the financial year to which it relates. 483L Inspection of asset disposal plan The local government must— (a) keep its asset disposal plan open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to it of producing the copy

s 483M 300 Local Government Act 1993 s 483N and, if a copy is supplied to a purchaser by post, the cost of the postage. 483M Plans for significant designated disposal activities (1) If the local government’s asset disposal plan states any significant designated disposal activities, the local government must make a plan (a significant disposal activity plan ) for each of the activities before it starts. (2) A significant disposal activity plan must state— (a) the objectives of the activity that the plan is for; and (b) how the objectives support the asset disposal plan; and (c) how the objectives are to be achieved; and (d) how achievement of the objectives will be measured; and (e) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and (f) proposed contractual arrangements for the activity; and (g) a risk analysis of the market in which the relevant assets are to be disposed of. (3) The objectives must be consistent with the local government’s asset disposal plan. (4) The local government may amend any of its significant disposal activity plans at any time before the end of the financial year to which it relates. 483N Asset disposal manual (1) The local government must prepare a manual of procedures for how it disposes of its non-current assets. (2) The manual must— (a) include a policy about how the local government deals with its non-current assets that have a value of less than the threshold amount; and (b) be consistent with the local government’s asset disposal plan.

s 483O 301 Local Government Act 1993 s 484 Subdivision 5 Requirements for disposal of particular land 483O Procedural contracting model generally applies for disposal of land Division 3, subdivision 3 applies to the local government, but only for its disposal of land or an interest in land. 22 Division 3 Procedural contracting model Subdivision 1 Preliminary 483P Application of div 3 This division applies to a local government unless it has decided, under division 2, subdivision 2, that division 2 applies to it. Subdivision 2 Purchasing 484 When tenders are required (1) The local government must invite tenders before making a contract for the carrying out of work, or the supply of goods or services, involving a cost of more than $150000 or, if a greater amount is prescribed by regulation, the greater amount. (2) The invitation must— (a) be by an advertisement in a newspaper circulating generally in the local government’s area; and 22 For when the procedural contracting model does not apply, see section 492 (Exemptions).

s 485 302 Local Government Act 1993 s 486 (b) allow at least 21 days from the day of the advertisement for the submission of tenders. (3) This section applies subject to sections 486 and 489. 485 When quotations are required (1) The local government must invite written quotations before making a contract for the carrying out of work, or the supply of goods or services, involving a cost of between $15000 and $150000 or, if another range of amounts is prescribed by regulation, the range of amounts. (2) The invitation must be given to at least 3 persons who the local government considers can meet its requirements at competitive prices. (3) This section applies subject to section 486. 486 Exceptions to the requirement to seek tenders or quotations (1) The local government may enter into a contract without complying with section 484 or 485 if— (a) it resolves that it is satisfied that there is only 1 supplier reasonably available to it; or (b) a genuine emergency exists; or (c) the contract is made by auction and is for the purchase of goods; or (d) the contract is for the purchase of second-hand goods; or (e) the contract is made under an exemption to open competition in the Local Government Finance Standards; or (f) the contract is made with, or under an arrangement with or made by— (i) the State, a government entity, a local government owned corporation, the Brisbane City Council or another local government; or

s 487 303 Local Government Act 1993 s 487 (ii) another Australian government, an entity of another Australian government or a local government of another State or a Territory; or (g) it has— (i) decided, by resolution, to prepare, for the entering into of the contract, a plan that complies with subsection (2); and (ii) prepared the plan. (2) For subsection (1)(g), the plan must state— (a) its objectives, and how they will be achieved; and (b) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and (c) a risk analysis of the market from which the relevant goods or services are to be procured. (3) A local government also may enter into a contract for the supply of services without complying with section 484 or 485 if— (a) the contract is made with a person on the panel mentioned in section 487; or (b) it resolves that it is satisfied that the services to be supplied are of such a specialised or confidential nature that it would be impractical or disadvantageous to the local government to invite tenders or quotations. 487 Panel of suitable providers (1) The local government may compile a panel of the names of persons suitably qualified to provide a service. (2) A panel must be compiled by— (a) inviting expressions of interest from persons to be included on the panel in the way provided for inviting tenders under section 484; and (b) selecting persons on the basis of the principles mentioned in section 481.

s 488 304 Local Government Act 1993 s 490 488 Changes to tenders (1) This section applies if— (a) the local government invites tenders for a contract; and (b) the invitation to tender states that the local government might later invite all tenderers to change their tenders. (2) Before making a decision on the tenders, the local government may invite all the persons who have submitted a tender to change their tender to take account of a change in the tender specifications. 489 Short listing after calling for expressions of interest (1) The local government may invite expressions of interest under this section before inviting tenders if it resolves that it is satisfied that it would be in the public interest. (2) The local government must record its reasons for making the resolution. (3) Expressions of interest must be invited in the way provided for inviting tenders under section 484. (4) The local government may prepare a short list from the persons who responded to the invitation and invite tenders from the persons on the short list. (5) If the local government makes a contract after inviting tenders under subsection (4), section 484 does not apply to the contract. 490 Acceptance of tender or quotation (1) If the local government decides to accept a tender or quotation, it must accept the tender or quotation most advantageous to it. (2) In deciding the tender or quotation most advantageous to it, the local government must have regard to the procurement principles. (3) However, a local government may decide not to accept any tender or quotation available to it.

s 491 305 Local Government Act 1993 s 492 Subdivision 3 Disposal of land or particular non-current assets 491 When tenders or auctions are required (1) This section applies to— (a) land (including an interest in land); or (b) non-current assets other than land with an apparent value of equal to or above the amount set by the local government. (2) The set amount must not be more than the threshold amount for the value of non-current assets of the local government. 23 (3) The local government may dispose of the land or non-current assets only— (a) by auction; or (b) after inviting tenders in the way mentioned in section 484(2). (4) If it invites tenders, sections 488 and 490(1) and (3) apply. (5) This section is subject to section 492. 492 Exemptions (1) A local government may dispose of land (including an interest in land), or other non-current assets mentioned in section 491(1)(b), without complying with section 491 if— (a) the disposal is to— (i) the State; or (ii) a government entity; or (iii) a local government owned corporation; or (iv) another local government; or (v) a community organisation; or 23 See the Local Government Finance Standards, sections 42 (Register of non-current assets) and 43 (Setting amount for treating non-current asset as an expense).

s 492 306 Local Government Act 1993 s 492 (vi) another Australian government, an entity of another Australian government or a local government of another State or a Territory; or (b) for land—the land would not be rateable land after the disposal; or (c) for any non-current asset other than land—the local government has— (i) decided by resolution, to prepare, for the disposal, a plan that complies with subsection (2); and (ii) prepared the plan; or (d) for a disposal of a non-current asset other than land by way of a trade-in for the supply of goods or services to the local government— (i) the supply is, or is to be, made under subdivision 2; and (ii) the disposal is, or is to be, part of the contract for the supply; or (e) the Minister exempts the local government from complying with the section; or (f) the land or other non-current assets were previously offered for sale under section 491 and were not sold; or (g) the disposal is declared by regulation to be a disposal to which this division does not apply. (2) For subsection (1)(c), the plan must state— (a) the objectives of the disposal; and (b) how the objectives are to be achieved; and (c) how achievement of the objectives will be measured; and (d) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and (e) proposed contractual arrangements for the disposal; and (f) a risk analysis of the market in which the disposal is to take place.

s 492A 307 Local Government Act 1993 s 492A (3) An exemption under subsection (1)(e) may be given subject to conditions. (4) If subsection (1)(f) applies, the land or other non-current assets must not be sold for less than the highest bid or tender received. (5) In this section— community organisation means an entity that is a non-profit entity or otherwise exists for a public purpose. Subdivision 4 Required manuals 492A Required procurement and asset disposal manuals (1) The local government must prepare the following manuals of procedures— (a) a manual for how it carries out its procurement activities (the procurement manual ); (b) a manual for how it disposes of its non-current assets (the asset disposal manual ). (2) The procurement manual must— (a) apply the procurement principles; and (b) be consistent with, and support, the achievement of the strategic direction stated in the local government’s corporate plan; and (c) for any procurement activities that the local government considers will be significant, require a significant procurement activity plan that complies with the requirements under section 486(2). (3) The asset disposal manual must— (a) be consistent with, and support, the achievement of the strategic direction stated in the local government’s corporate plan; and (b) include a policy about how the local government deals with its non-current assets that have a value of less than the threshold amount; and

s 493 308 Local Government Act 1993 s 494 (c) for any disposal of non-current assets that the local government considers will be significant, require a significant disposal activity plan that complies with the requirements under section 492(2). Part 4 Enterprises Division 1 Preliminary 493 Application to Brisbane City Council This part applies to Brisbane City Council. 493A Non-application of part to indigenous regional councils This part does not apply to an indigenous regional council. 494 Matters relevant to good rule and government (1) A matter that, in a local government’s opinion, is directed to benefiting, and can reasonably be expected to benefit, its area, or a part of its area, is taken to be conducive to the good rule and government of its territorial unit. (2) The matters that may be of benefit to a local government area include, for example— (a) promoting or contributing to economic development of a part of the area; and (b) promoting or attracting commerce, industry or tourism in or to a part of the area; and (c) promoting or providing opportunities for employment in a part of the area; and (d) promoting or helping the supply of services to a part of the area; and (e) helping the finances of the area’s local government; and

s 495 309 Local Government Act 1993 s 496 (f) helping the exercise of the jurisdiction of local government in the area. 495 Application of part (1) This part does not apply to an enterprise (an exempt enterprise ) declared by regulation to be an exempt enterprise. (2) However, if the exempt enterprise is undertaken as a joint venture with someone else, this part applies to the enterprise unless— (a) the local government is authorised to conduct the enterprise under another Act; or (b) the joint venture is with any of the following— (i) the State; (ii) a government entity; (iii) another local government; (iv) another Australian government, an entity of another Australian government or a local government of another State or a Territory. Division 2 Enterprise powers 496 Engagement in or help to enterprises (1) A local government may engage in or help an enterprise if the enterprise concerns a matter that, in its opinion, is directed to benefiting, and can reasonably be expected to benefit, its area or a part of its area. (2) A local government may exercise a power under subsection (1) (the enterprise power ) either alone or with another entity. (3) A local government may do all things necessary or convenient to be done to exercise an enterprise power.

s 497 310 Local Government Act 1993 s 498 497 Specific enterprise powers (1) For the purpose of exercising an enterprise power, a local government may— (a) form or take part in forming— (i) a company limited by shares that are not listed on a stock exchange (a permissible company ); or (ii) a partnership; or (iii) an association of persons; or (b) be a member of a permissible company, acquire and dispose of shares, debentures and securities of a permissible company and take part in the management of a permissible company; or (c) be a member of a partnership or other association of persons and take part in the management of the business of a partnership or association of persons; or (d) commercially exploit its property rights (whether tangible or intangible). (2) In subsection (1)— association of persons does not include a company. Division 3 Safeguards 498 Requirements for exercise of enterprise powers (1) A local government may exercise an enterprise power only by resolution. (2) Before exercising an enterprise power, a local government must consult with, and have proper regard to the advice of, persons who, in its opinion, possess relevant competence about— (a) the end to which the exercise of the power is, or would be, directed; and (b) the ways of achieving the end; and (c) the lawfulness of the exercise of the power.

s 499 311 Local Government Act 1993 s 500 499 Restrictions on exercise of enterprise powers In exercising, or before exercising, an enterprise power, a local government must not— (a) engage in or help enterprises in a financial year to an extent that requires the local government to commit in the year an amount that is more than the amount calculated under section 500; or (b) borrow or provide a guarantee for a borrowing; or (c) form, take part in forming, be a member of, or take part in the management of, a company other than a permissible company; or (d) be a member of a partnership other than as a limited partner; or (e) enter into an agreement or arrangement that does not restrict the liability of the local government, as between the parties, to the amount committed by the local government under the agreement or arrangement. 500 Establishing enterprise powers limits (1) The amount of commitment to enterprises in a financial year to which a local government is limited includes the value of all property committed by the local government to any enterprise. (2) A regulation may prescribe for the purposes of this part— (a) the components of a local government’s own source revenue; and (b) the percentage of its own source revenue by reference to which the maximum amount of commitment to enterprises in a financial year to which a local government is limited by section 499(a) is to be established. (3) If, in a financial year, a local government does not commit to enterprises an amount provided for in its budget for the purpose, the uncommitted amount may be carried forward to be committed to enterprises in a later financial year.

s 501 312 Local Government Act 1993 s 501 (4) However, if a maximum number of years for which local governments may carry forward uncommitted amounts under subsection (3) is prescribed by regulation, a local government must not exercise the power under the subsection for a financial year beyond the maximum number until the local government has lawfully applied the total amount carried forward by it. (5) An amount carried forward under subsection (3), an accumulation of amounts carried forward under the subsection, or assets to the value of the amount or accumulation, may be committed (in whole or part) to enterprises by the local government in a financial year in addition to the amount of commitment permitted to the local government in the year under section 499(a). (6) An amount carried forward under subsection (3) must be held in a reserve established by the local government in its operating fund until it is lawfully applied by it. 501 Register of enterprises (1) A local government that exercises an enterprise power must keep a register that includes a record of— (a) each enterprise engaged in, or helped by, the local government; and (b) the identity of any entity with which the local government has engaged in, or helped, an enterprise as a joint venture; and (c) particulars of the purpose to be achieved by the engagement or help; and (d) the value of property committed by the local government to each enterprise engaged in, or helped by, the local government; and (e) for each enterprise—the identity of the persons of relevant competence with whom the local government has consulted in exercising an enterprise power. (2) Subsection (1)(d) is complied with if the value of property committed to an enterprise is shown as the market value of the property when it is committed.

s 501A 313 Local Government Act 1993 s 501C (3) The register is open to inspection. (4) A local government must give to the chief executive of the department and the auditor-general written notice of— (a) the establishment of a register as soon as practicable after it is established; and (b) each entry in the register as soon as practicable after it is made. Part 5 General complaints process 501A Application to Brisbane City Council This part applies to the Brisbane City Council. 501B Definitions for pt 5 In this part— affected person means a person who is apparently directly affected by— (a) an administrative action of a local government; or (b) an alleged minor breach by a councillor of the local government’s code of conduct. complaint — (a) means a complaint under a local government’s general complaints process; but (b) does not include a complaint that could be made under the complaints process provided for under chapter 11. 501C Meaning of administrative action An administrative action of a local government is an action about a matter of administration, and includes each of the following— (a) a decision and an act;

s 501D 314 Local Government Act 1993 s 501E (b) a failure to make a decision or do an act, including a failure to provide a written statement of reasons for a decision; (c) the formulation of a proposal or intention; (d) the making of a recommendation. 501D Local government to establish general complaints process (1) Each local government must, not later than the day mentioned in subsection (2), establish a process (a general complaints process ) for resolving complaints by affected persons about— (a) administrative action of the local government; or (b) an alleged minor breach of the local government’s code of conduct by a councillor. (2) For subsection (1), the day is the earlier of the following— (a) the day the local government adopts its first code of conduct as required under section 250C; (b) 1 March 2006. (3) The process must be adopted by resolution of the local government. (4) The local government must give notice of the adoption of the process by publishing, not later than 1 week after the resolution adopting the process is passed, a prescribed notice in a newspaper circulated generally in the local government’s area. (5) In this section— prescribed notice means a notice stating the day on which the general complaints process was adopted by the local government. 501E Requirements for general complaints process (1) The general complaints process must include at least the following elements—

s 501E 315 Local Government Act 1993 s 501E (a) the process for selecting and appointing a complaints officer to investigate complaints; (b) preliminary procedures before an affected person can make a complaint; (c) the way an affected person may make a complaint; (d) sending complaints to, and their investigation by, the complaints officer; (e) giving an affected person who makes a complaint an opportunity to give the complaints officer further information about the complaint; (f) a requirement that the complaints officer give the local government and affected person notice of a decision made by the officer under section 501F and the reasons for the decision; (g) a requirement that, if the complaint is not resolved to the affected person’s satisfaction through the general complaints process, the complaints officer give the local government and affected person— (i) a written report on the results of the officer’s investigation of the complaint; and (ii) any recommendation in relation to the complaint the officer considers appropriate; (h) the time within which the complaints officer must give the report and any recommendation mentioned in paragraph (g) to the local government; (i) if a report and any recommendation mentioned in paragraph (g) is given to the local government—a requirement that the local government give the affected person notice of the outcome of the local government’s consideration of the report and recommendation; (j) recording the number of complaints made and resolved through the general complaints process. (2) Also, the process mentioned in subsection (1)(a) must require that the person appointed to be a complaints officer to investigate a complaint must not be involved with the administrative action or alleged minor breach of the code of conduct that is the subject of the complaint.

s 501F 316 Local Government Act 1993 s 501G 501F Refusal to investigate complaint (1) The complaints officer may refuse to investigate a complaint or, having started to investigate a complaint, refuse to continue the investigation if the officer reasonably considers that— (a) the complaint is trivial; or (b) the complaint concerns frivolous matter or was made vexatiously; or (c) the person who made the complaint (the complainant ) does not have a sufficient direct interest in the administrative action or alleged minor breach of the code of conduct complained of; or (d) both of the following apply— (i) the complainant has a right of appeal, reference or review, or another remedy, that the person has not exhausted; (ii) it would be reasonable in the circumstances to require the complainant to exhaust the right or remedy before the officer investigates, or continues to investigate, the complaint; or (e) in the circumstances, investigating the administrative action or alleged minor breach of the code of conduct complained of is unnecessary or unjustifiable. (2) A right or remedy mentioned in subsection (1)(d) does not include a right to make an application to the Supreme Court under the Judicial Review Act 1991 . Part 6 Miscellaneous 501G Prohibition on loans to individuals A local government must not, whether directly or indirectly— (a) make a loan to any individual; or

s 502 317 Local Government Act 1993 s 502 (b) give a guarantee or provide security in connection with a loan made to any individual. Chapter 7 Financial operation and accountability of local governments Part 1 Local Government Finance Standards 502 Issue of standards (1) The Minister may make standards (the Local Government Finance Standards ) about— (a) the policies and principles to be complied with in financial management, including internal audit, by— (i) local governments; or (ii) the trustees of a superannuation scheme (a relevant superannuation scheme ) established by a local government (whether alone or with other local governments); and (b) the content of financial statements and annual reports by— (i) local governments; or (ii) the trustees of a relevant superannuation scheme; and (c) each local government giving the Minister information on an annual basis about the payment of notional GST that may affect the distribution, under section 200, of financial assistance to the local government; and

s 502 318 Local Government Act 1993 s 502 (d) the application of the procurement principles; 24 and (e) any matter that is required or permitted to be prescribed by standard; and (f) requirements for full cost pricing and their application to significant business activities of local governments under chapter 8, part 5; and (g) commercialisation and its application to local governments’ commercial business units under chapter 8, part 6; and (h) corporatisation and its application to corporatised corporations of local governments under chapter 8, part 7; and (i) a code of competitive conduct for application of competitive neutrality principles to local governments’ business activities, roads business activities and building certification business activities under chapter 9; and (j) facilitating the implementation of chapter 10 including— (i) charging arrangements for, and bases of operation of, relevant business activities providing water and sewerage services; and (ii) providing how the following are to be applied— (A) consumption as the basis for utility charges for water services; (B) full cost recovery for water and sewerage services; (C) identification and disclosure of cross-subsidies between classes of consumers and community service obligations in the provision of water and sewerage services; (D) disclosure of the classes of consumers who are provided with water or sewerage services at an amount below full cost and the amount. 24 See section 481 (Principles governing the making of contracts).

s 503 319 Local Government Act 1993 s 505 (2) Before making a standard, the Minister must consult with the auditor-general about the standard. (3) The standards may include practice statements if the Minister considers a uniform standard of practice or procedure is necessary or desirable. (4) In preparing standards, the Minister must have regard to relevant standards made by appropriate professional bodies. (5) A standard made under subsection (1) is subordinate legislation. 503 Standards must be complied with Every local government, and the trustees of every relevant superannuation scheme and significant business entity (including a corporatised corporation), must comply with the Local Government Finance Standards. Part 2 Corporate and operational plans 504 Preparation and adoption of corporate plan (1) A local government must, from time to time, prepare and, by resolution, adopt a corporate plan. (2) The local government must ensure each corporate plan is prepared and adopted in enough time, before the start of the first financial year covered by the plan, to allow preparation and adoption of a budget for the financial year consistent with the plan. 505 Period of corporate plan (1) A corporate plan of a local government continues in force for the period specified in the plan or until the earlier adoption by the local government of a new corporate plan.

s 506 320 Local Government Act 1993 s 510 (2) The specified period for a corporate plan must be at least 4 years. 506 Amendment of corporate plan A local government may, by resolution, amend its corporate plan at any time. 507 Requirements of corporate plans A corporate plan or amendment of a corporate plan— (a) must comply with the Local Government Finance Standards; and (b) must be open to inspection for 30 days at least before the local government adopts the plan or amendment. 508 Preparation and adoption of operational plan (1) A local government must, for each financial year, prepare and, by resolution, adopt an operational plan. (2) The local government must ensure each operational plan is prepared and adopted in enough time, before the start of the financial year for which it is prepared, to allow preparation and adoption of a budget for the financial year consistent with the plan. (3) When the plan is adopted by a local government, it becomes its operational plan for the financial year for which it is prepared. 509 Amendment of operational plan A local government may, by resolution, amend an operational plan at any time before the end of the financial year for which it is prepared. 510 Requirements of operational plan A local government’s operational plan or an amendment of its operational plan must comply with the Local Government Finance Standards and its corporate plan.

s 511 321 Local Government Act 1993 s 513A 511 Compliance with corporate and operational plans A local government’s exercise of the jurisdiction of local government must be consistent with its corporate plan and operational plan. 512 Evaluation of activities (1) A local government must make assessments of its progress towards implementing its corporate and operational plans. (2) The chief executive officer must present a written report on the assessments to a meeting of the local government at regular intervals, of not more than 3 months, decided by it. 513 Copies of plans to be available for inspection and purchase (1) A local government must have its corporate and operational plans printed and a reasonable number of copies of the plans made. (2) The local government must— (a) keep the plans open for inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage. Part 2A Revenue policy 513A Preparation and adoption of revenue policy (1) A local government must, for each financial year, prepare and, by resolution, adopt a revenue policy. (2) The local government must ensure each revenue policy is prepared and adopted in enough time, before the start of the financial year for which it is prepared, to allow preparation

s 513B 322 Local Government Act 1993 s 514 and adoption of a budget for the financial year consistent with the policy. (3) When the policy is adopted by the local government, it becomes the local government’s revenue policy for the financial year for which it is prepared. 513B Requirements and content of revenue policy (1) A local government’s revenue policy, or an amendment of its revenue policy, must comply with the Local Government Finance Standards. (2) The revenue policy must, if, under section 1035A, the local government intends to remit rates or defer payment of rates for the financial year, state the purpose of the remittance or deferral. (3) A local government may, by resolution, amend its revenue policy for a financial year at any time before the financial year ends. 513C Copies of revenue policy to be available for inspection and purchase A local government must— (a) ensure its revenue policy is open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage. Part 3 Funds and accounting procedures 514 Funds A local government must establish and keep—

s 515 323 Local Government Act 1993 s 516 (a) an operating fund; and (b) a trust fund. 515 Reserves (1) A local government may establish specific reserves within its operating fund. (2) It must keep separate accounting records for each reserve. (3) Amounts held in a reserve that are no longer required may be applied for any purpose. 516 Trust fund (1) A local government must credit to its trust fund— (a) an amount paid to the local government— (i) by way of deposit; or (ii) in trust for a person; and (b) an amount required by an Act to be paid to the trust fund. (2) An amount credited to the trust fund must be applied— (a) in payment to or for the person entitled to the amount according to law; or (b) as required by the Act under which the amount was paid to the trust fund. (3) An amount credited to the trust fund may, with the Minister’s earlier agreement, be transferred to the operating fund if the purpose for which the amount was credited has ceased to exist. (4) A local government must keep a separate account for its trust fund.

s 517 324 Local Government Act 1993 s 519 517 Compliance with sound accounting principles and procedures (1) Payment to, and withdrawal from, funds kept by a local government must be consistent with sound accounting principles and procedures. (2) A local government must establish and comply with— (a) systems for managing its finances; and (b) procedures for recording and reporting its financial operations and position. (3) The systems and procedures must comply with the Local Government Finance Standards. Part 4 Budget 518 Adoption of budget and revenue statement (1) A local government must adopt, by resolution, for each financial year— (a) a budget for its operating fund; and (b) a revenue statement. (2) The budget and revenue statement must be adopted— (a) after 31 May before the financial year; and (b) before— (i) 1 September in the financial year; or (ii) a later date fixed by the Minister. 519 Requirements of budgets (1) The adoption of a budget, or an amendment, that does not comply with this section is void. (2) Each budget of a local government—

s 520 325 Local Government Act 1993 s 520 (a) must be developed consistently with its corporate plan, operational plan and revenue policy; and (b) must be clearly linked with the matters specified in the plans; and (c) must comply with the Local Government Finance Standards; and (d) must be accompanied by its revenue statement. (3) A local government may, by resolution, amend its budget for a financial year at any time before the year ends. (4) A local government may incur, for a purpose of genuine emergency or hardship, spending that is not authorised by its budget. 520 Content of operating fund budgets (1) A local government’s budget developed for its operating fund must specify the following matters for the financial year— (a) its estimated costs in total, and for each of its significant activities; (b) the sources of funds necessary for spending provided for in the budget. (2) The budget also must specify the matters mentioned in subsection (1), in general terms, for the next 2 financial years. (3) The budget must be the basis on which rates are to be made and levied by the local government for the financial year. (4) For subsection (1)(a), the following are included as significant activities of the local government— (a) the local government’s significant business activities carried on, under chapter 8, part 5, on a full cost pricing basis; (b) the activities of the local government’s commercial business units under chapter 8, part 6; (c) the local government’s significant business activities to which chapter 10 applies.

s 520A 326 Local Government Act 1993 s 521 520A Requirements and content of revenue statement (1) A local government’s revenue statement, or an amendment of the statement, must comply with the Local Government Finance Standards. (2) A revenue statement must state each of the following matters— (a) if the local government makes and levies a differential general rate for the financial year— (i) the categories into which rateable land in its area is to be categorised; and (ii) the criteria by which land is to be categorised; (b) if the local government makes and levies a special rate or charge, for the financial year, for a service, facility or activity supplied by another local government under arrangements entered into under section 59—a summary of the terms of the arrangements; (c) if the local government fixes a regulatory fee for the financial year—the criteria used to decide the amount of all regulatory fees fixed for the year. (3) A local government may, by resolution, amend its revenue statement for a financial year at any time before the year ends. 521 Financial information to be presented to budget meeting (1) The chief executive officer of a local government must present to its budget meeting for a financial year a document about the financial operations and financial position of the local government for the previous financial year. (2) If the budget meeting for a financial year is held in June, a document presented to the meeting under subsection (1)— (a) must relate to the financial operations of the local government for the financial year in which the meeting is held to the latest day to which the document can reasonably be compiled; and (b) must contain an estimate of the financial operations of the local government from that day to the end of the financial year in which the meeting is held.

s 522 327 Local Government Act 1993 s 523 (3) The document must comply with the Local Government Finance Standards. 522 Spending of local government pending adoption of budget A local government may, in a financial year, incur spending before adoption of its budget for the year, but the spending must be provided for in the appropriate budget for the year. 523 Councillors’ liability for disbursements (1) This section applies if— (a) a local government makes a disbursement in a financial year from an operating fund; and (b) the disbursement is not provided for in the budget adopted for the fund for the year. (2) The councillors who knowingly agreed to the disbursement are jointly and severally liable to repay to the local government— (a) the amount of the disbursement; and (b) interest on the amount, calculated from the day of the disbursement to the day of repayment, at the rate at which interest accrues on overdue rates. (3) However, subsection (2) does not apply if the disbursement was made for a purpose of genuine emergency or hardship. (4) An amount for which councillors are jointly and severally liable under subsection (2) may be recovered, as a debt payable to the local government, by— (a) the local government; or (b) a person appointed by the Minister for the purpose; or (c) an elector or ratepayer. (5) An amount recovered by a person mentioned in subsection (4)(b) or (c) must be immediately paid to the local government.

s 524 328 Local Government Act 1993 s 526 524 Budgets and revenue statements to be available for inspection and purchase (1) A local government must have its budget printed and a reasonable number of copies of the budget made. (2) The local government must— (a) keep the budget and its revenue statement open for inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage. Part 5 Borrowing and investment 525 Local governments are statutory bodies (1) Under the Statutory Bodies Financial Arrangements Act 1982 , a local government is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the powers under this Act of a local government are affected by the Statutory Bodies Financial Arrangements Act 1982 . 526 Councillors’ liability for unauthorised borrowings (1) If a local government borrows money— (a) without authority conferred under the Statutory Bodies Financial Arrangements Act 1982 ; or (b) for a purpose that is not a proper exercise of its jurisdiction; or (c) in contravention of this Act; the councillors who knowingly agreed to the borrowing are jointly and severally liable to pay to the local government the amount borrowed and all interest, and other penalties incurred by the local government, for the borrowing.

s 527 329 Local Government Act 1993 s 528 (2) An amount for which councillors are jointly and severally liable under subsection (1) may be recovered, as a debt to the local government by— (a) the local government; or (b) a person appointed by the Minister for the purpose; or (c) an elector or ratepayer. (3) An amount recovered by a person mentioned in subsection (2)(b) or (c) must be immediately paid to the local government. (4) This section must be given effect despite— (a) the issue of a security for the borrowing by a local government; and (b) the Statutory Bodies Financial Arrangements Act 1982 . Part 6 Accounts 527 Accounting records to be kept (1) A local government must keep accounting records that present fairly its financial operations for a financial year and give a comparison with its budget for the year. (2) The accounting records must be kept in a way that complies with the Local Government Finance Standards. 528 Statements of account to be presented to local government (1) The chief executive officer of a local government must present statements of its accounts to the local government. (2) The statements must be presented— (a) if the local government holds its ordinary meetings monthly or less frequently—to each meeting; or (b) if the local government holds its ordinary meetings more frequently—to a meeting in each month.

s 529 330 Local Government Act 1993 s 530 (3) Statements presented to a meeting must be for the period of the financial year up to a day as near as practicable to the end of the previous month. (4) A statement must be consistent with the Local Government Finance Standards. 529 Statements of accounts open to inspection The statements presented under section 528 are open to inspection. Part 7 Audit 530 General reporting provisions (1) The auditor-general may prepare a report on any audit performed by the auditor-general for the purposes of this Act. (2) A copy of the report must be given to— (a) the Minister; and (b) the mayor and chief executive officer of the relevant local government. (3) If the report is on an audit of the accounts of a scheme for superannuation benefits under section 238, a copy of the report also must be given to— (a) the trustees of the scheme; and (b) the mayor of the local government. (4) The mayor must table a copy of any report at the next ordinary meeting of the local government.

s 531 331 Local Government Act 1993 s 534 Part 8 Annual report 531 Annual report to be prepared and adopted (1) A local government must prepare an annual report for each financial year. (2) The report must be presented to the local government for adoption, and must be adopted by it before 30 November in the year after the end of the financial year to which the report relates. (3) However, the Minister may allow a longer period for a local government to comply with subsection (2). 532 Content of report about financial position of local government An annual report must contain— (a) the financial statements for the year as audited by the auditor-general; and (b) the auditor-general’s report on the financial statements. 533 Content of report about implementing corporate and operational plans A local government’s annual report also must contain an assessment of its performance in implementing its corporate and operational plans. 534 Content of report about other issues of public interest (1) In addition, a local government’s annual report must contain— (a) details of action taken in relation to, and expenditure on, a service, facility or activity— (i) for which the local government made and levied a special rate or charge for the financial year; and (ii) supplied by another local government under arrangements entered into under section 59; and

s 534 332 Local Government Act 1993 s 534 (b) a list of all action taken under section 488(2) during the year; and (c) a list of all resolutions made during the year under section 489(1); and (d) a list of the registers kept by it and open to inspection; and (e) a summary of all rebates and concessions allowed by the local government in relation to rates; and (ea) a copy of the local government’s expenses reimbursement policy; and (f) a copy of any resolution made during the year under section 236A, 236B or 237; and (g) particulars of— (i) the total remuneration paid by it to each of its councillors under the remuneration schedule during the year; and (ii) the expenses incurred by, and the facilities provided to, each of its councillors under the local government’s expenses reimbursement policy during the year; and (iii) the total superannuation contributions paid by it for each of its councillors during the year; and (h) details of the number of meetings attended by each councillor during the year; and (i) a statement including the information prescribed under a regulation about its activities during the year to implement its plan for equal opportunity in employment; and (j) particulars of other issues relevant to making an informed assessment of its operations and performance in the financial year; and (k) particulars of issues required by the Local Government Finance Standards; and (l) names of shareholder’s delegates of the local government for its LGOCs for the year under section 643; and

s 534 333 Local Government Act 1993 s 534 (m) particulars required to be included under section 847; and (n) each of the following details for a financial year starting on 1 July 2005 or later— (i) the total number of breaches of the local government’s code of conduct committed by councillors as decided during the year by the local government; (ii) the name of each councillor decided during the year by the local government to have breached the code, a description of how the councillor breached the code, and details of any penalty imposed by the local government on the councillor; Examples of how breaches of the code of conduct might be described — • misconduct at a local government meeting • misuse of confidential information • directing an employee in contravention of section 230(2) of the Act (iii) the number of complaints about alleged code of conduct breaches by councillors, other than frivolous or vexatious complaints, that were referred to the conduct review panel during the year by the local government or the chief executive officer under chapter 4, part 3A; (iv) the number of recommendations made to the local government by the conduct review panel during the year that were adopted, or not adopted, by the local government; (v) the number of complaints resolved under the local government’s general complaints process during the year and the number of those complaints that related to an alleged breach by a councillor of the local government’s code of conduct; (vi) the number of complaints made to the ombudsman, and notified to the local government, during the year about decisions made by the local government in relation to enforcement of its code of conduct.

s 535 334 Local Government Act 1993 s 536 (2) In this section— frivolous or vexatious complaint means a complaint about a code of conduct breach by a councillor considered by the conduct review panel to— (a) concern frivolous matter; or (b) have been made vexatiously. 535 Copies of report to be available for inspection and purchase (1) A local government must have the annual report adopted by it printed and a reasonable number of copies of the report made. (2) The local government must— (a) keep the report open to inspection; and (b) make copies available for purchase at its public office at a price not more than the cost to the local government of producing the copy and, if a copy is supplied to a purchaser by post, the cost of postage. Part 9 Duties about property stolen or unaccounted for 536 Report of missing property (1) If a local government becomes aware that property of, or received by, it may have been stolen, the local government must immediately give written notice to— (a) the police officer in charge of the police station at, or nearest to, the place where the property is suspected to have been stolen; and (b) the auditor-general. (2) If a local government becomes aware that property of, or received by it, is missing, but the property is not suspected to

s 537 335 Local Government Act 1993 s 539 have been stolen, the local government must immediately give written notice to the auditor-general. (3) Subsection (2) applies only to property that has a total value of at least— (a) $1000; or (b) if a greater amount is prescribed by regulation—the greater amount. 537 Local Government to take part in prosecution (1) A local government must not— (a) obstruct, attempt to obstruct or fail to take part in a prosecution for an offence committed in relation to property mentioned in section 536; or (b) deliberately withhold evidence relevant to the prosecution. (2) The local government must not promise— (a) to do anything prohibited under subsection (1); or (b) to secure discontinuance of the prosecution. Part 10 Joint local governments 538 Contribution by component local governments Each component local government of a joint local government must pay to the operating fund of the joint local government the proportion prescribed by regulation of the amount required in each financial year for the operations of the joint local government. 539 Notice for contribution to joint local government (1) To inform a component local government of the amount required to be paid by it in a financial year, a joint local government may issue a contribution notice.

s 540 336 Local Government Act 1993 s 541 (2) The contribution notice must— (a) be signed by the president or deputy president; and (b) specify the amount of contribution payable by the component local government; and (c) require the component local government to pay the specified amount on or before a specified day (not earlier than 30 days after the notice is given to the component local government). 540 Results of failure to pay contribution (1) If a component local government liable to pay an amount specified by a contribution notice fails to pay the amount to the joint local government by the specified day or within a longer period allowed by the joint local government— (a) the unpaid amount bears interest at the rate decided by the joint local government; and (b) the joint local government may recover the unpaid amount (and interest). (2) The rate of interest must not be more than— (a) the rate prescribed by regulation; or (b) if no rate is prescribed—15% a year. 541 Adoption of a budget by joint local government for part of a year (1) This section applies to a joint local government if a regulation specifies that its first budget must be for a specified part of a financial year. (2) Section 518 applies to the joint local government’s first budget as if a reference to ‘financial year’ were a reference to the specified part of the financial year.

s 542 337 Local Government Act 1993 s 543 542 Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction (1) A joint local government may make a disbursement from its operating fund for any purpose that— (a) is not within the exclusive jurisdiction of the joint local government; but (b) is within the jurisdiction of local government. (2) However, the disbursement may be made only if— (a) the joint local government has, by resolution, decided that the amount of the disbursement is not required for exercising its exclusive jurisdiction; and (b) the component local governments approve the purpose for which the disbursement is to be made. (3) The approval may be given for the purpose for disbursements in more than 1 financial year. (4) A disbursement under this section may be made— (a) to a component local government or another entity; or (b) directly by the joint local government. Chapter 8 National competition reform of significant business activities Part 1 Object and application 543 Object The object of this chapter is to provide ways to facilitate the implementation of the National Competition Policy Inter-Governmental Agreements to the extent that the

s 544 338 Local Government Act 1993 s 545 agreements are intended to be applied to significant business activities of local governments. 544 Application to Brisbane City Council This chapter applies to the Brisbane City Council. Part 2 Definitions 545 Definitions for ch 8 In this chapter— business activity , of a local government, means an activity of the local government trading in goods and services to clients, including, for example, providing cleansing services, water and sewerage services, off-street parking and cultural, sporting and recreational facilities, but does not include the construction or maintenance of roads or State-controlled roads or library services. Commonwealth tax means tax imposed under a Commonwealth Act. Competition Principles Agreement means the Competition Principles Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory, as in force for the time being. Conduct Code Agreement means the Conduct Code Agreement made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being.

s 545 339 Local Government Act 1993 s 545 government tax means tax imposed under a Commonwealth Act, or a State Act, including this Act. Implementation Agreement means the Agreement to Implement National Competition Policy and Related Reforms made on 11 April 1995 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being. National Competition Policy Inter-Governmental Agreements means the Conduct Code Agreement, the Competition Principles Agreement and the Implementation Agreement. new type 1 business activity means a business activity of a local government identified by it as a new type 1 business activity under section 547. new type 1 or 2 business activity means a new type 1 business activity or a new type 2 business activity. new type 2 business activity means a business activity of a local government identified by it as a new type 2 business activity under section 547. public benefit assessment means an assessment of a significant business activity of a local government under this chapter. public benefit assessment report means the report, including recommendations, on a public benefit assessment. significant business activity , of a local government, means— (a) a type 1 or 2 business activity; or (b) a new type 1 or 2 business activity; and includes a part of the activity. significant business entity means an entity established by resolution of a local government under part 7, and includes a significant business entity after it becomes a corporatised corporation. State tax means tax imposed under an Act, including this Act.

s 545 340 Local Government Act 1993 s 545 tax includes any charge, duty, fee, levy and rate. threshold amount , for identifying a new type 1 or 2 business activity, see section 546. type 1 business activity means the provision of the following— (a) for Brisbane City Council— • public transport services • cleansing services • water and sewerage services; (b) for Gold Coast City Council— • cleansing services • water and sewerage services; (c) for Ipswich City Council— • water and sewerage services; (d) for Logan City Council— • water and sewerage services; (e) for Townsville City Council— • water and sewerage services. type 1 or 2 business activity means a type 1 business activity or a type 2 business activity. type 2 business activity means the provision of the following— (a) for Caboolture Shire Council— • water and sewerage services; (b) for Cairns City Council— • cleansing services • water and sewerage services; (c) for Caloundra City Council— • water and sewerage services;

s 545 341 Local Government Act 1993 (d) for Hervey Bay City Council— • water and sewerage services; (e) for Ipswich City Council— • cleansing services; (f) for Logan City Council— • cleansing services; (g) for Mackay City Council— • water and sewerage services; (h) for Maroochy Shire Council— • cleansing services • water and sewerage services; (i) for Noosa Shire Council— • water and sewerage services; (j) for Pine Rivers Shire Council— • water and sewerage services; (k) for Redland Shire Council— • water and sewerage services; (l) for Rockhampton City Council— • water and sewerage services; (m) for Thuringowa City Council— • water and sewerage services; (n) for Toowoomba City Council— • water and sewerage services; (o) for Townsville City Council— • cleansing services. s 545

s 546 342 Local Government Act 1993 s 546 Part 3 Identification of new type 1 and 2 business activities 546 Minister to decide threshold amounts for identifying new type 1 or 2 business activities (1) Before the end of each financial year, the Minister must decide for the financial year amounts (the threshold amounts ) for identifying a business activity that should be a new type 1 or 2 business activity. (2) The Minister may decide threshold amounts only after consultation with the Local Government Association. (3) For identifying an activity that should be a new type 1 business activity, a threshold amount is an amount of expenditure the Minister considers is the equivalent (at 30 June in the financial year in which the amount is decided after adjustment for actual or estimated cost of living movements and changes to applicable accounting systems) of current expenditure of— (a) for water and sewerage combined activities—$25 million at 30 June 1993; or (b) for other activities—$15 million at 30 June 1993. (4) For identifying an activity that should be a new type 2 business activity, a threshold amount is an amount of expenditure the Minister considers is the equivalent (at 30 June in the financial year in which the amount is decided after adjustment for actual or estimated cost of living movements and changes to applicable accounting systems) of current expenditure of— (a) for water and sewerage combined activities—$7.5 million at 30 June 1993; or (b) for other activities—$5 million at 30 June 1993. (5) The Minister must in the financial year in which threshold amounts are decided publish the threshold amounts by gazette notice.

s 547 343 Local Government Act 1993 s 548 547 Annual review of business activities (1) As soon as practicable after its budget meeting for a financial year (the relevant year ), a local government must, for the financial year, identify its business activities that— (a) are new type 1 or 2 business activities; and (b) have not previously been identified as being significant business activities. (2) For subsection (1), a business activity is a new type 1 or 2 business activity of a local government, if, based on financial information presented to the local government’s budget meeting for the relevant year, the activity had expenditure for the preceding financial year greater than the threshold amount decided for the activity in that preceding financial year. (3) A notice under section 546(5) may state matters in financial information presented to the budget meeting for a financial year, the local government must, or must not, consider in deciding if an activity should be a new type 1 or 2 business activity for the following financial year. 548 Notice to Minister of new type 1 or 2 business activities As soon as practicable after deciding a business activity is a new type 1 or 2 business activity, a local government must give written notice to the Minister.

s 549 344 Local Government Act 1993 s 549 Part 4 Public benefit assessment of significant business activities Division 1 Subject matter of public benefit assessments 549 Matters to be addressed by public benefit assessment for type 1 or new type 1 business activity (1) A public benefit assessment for a type 1 or new type 1 business activity must consider how the activity should be carried on by— (a) reviewing the appropriateness of each of the following reforms for the activity— (i) corporatisation of the activity; (ii) commercialisation of the activity; (iii) full cost pricing for the activity; and (b) concluding whether or not and, if so, to what extent, the benefits that would be realised from implementation of the reforms mentioned in paragraph (a) would outweigh the costs. (2) An assessment may, and it is declared always could, consider— (a) different reforms for separate parts of the activity; and (b) sequential reforms for the whole or part of the activity. Example for subsection (2)— An assessment may consider whether the whole or part of an activity should be reformed and, in recommending reform of part of the activity, the public benefit assessment report could recommend that for the part— (a) full cost pricing be implemented by 1 July 1999; and (b) commercialisation be implemented by 1 July 2000; and (c) the activity be corporatised by 1 July 2002.

s 550 345 Local Government Act 1993 s 551 550 Matters to be addressed by public benefit assessment for type 2 or new type 2 business activity (1) A public benefit assessment for a type 2 or new type 2 business activity must consider how the activity should be carried on by— (a) reviewing the appropriateness of each of the following reforms for the activity— (i) commercialisation of the activity; (ii) full cost pricing for the activity; (iii) if the local government decides, by resolution, it is appropriate for consideration—corporatisation of the activity; and (b) concluding whether or not and, if so, to what extent, the benefits that would be realised from implementation of the reforms mentioned in paragraph (a) would outweigh the costs. (2) An assessment may, and it is declared always could, consider— (a) different reforms for separate parts of the activity; and (b) sequential reforms for the whole or part of the activity. Example for subsection (2) — An assessment may consider whether the whole or part of an activity should be reformed and, in recommending reform of part of the activity, the public benefit assessment report could recommend that for the part— (a) full cost pricing be implemented by 1 July 1999; and (b) commercialisation be implemented by 1 July 2000; and (c) the activity be corporatised by 1 July 2002. 551 What is corporatisation (1) For a public benefit assessment, corporatisation of a significant business activity of a local government involves— (a) the establishment of a legal entity for the activity separate from, but owned by, the local government and supported by a full corporate governance structure, including a board of directors; and

s 552 346 Local Government Act 1993 s 552 (b) the entity providing goods and services on a commercial basis; and (c) the entity receiving subsidies to provide goods and services, as community service obligations, that it would not otherwise be in the commercial interests of the entity to provide. (2) Implications of corporatisation include— (a) the question of— (i) payment of government taxes or retention by the local government of amounts equivalent to taxes or rates; and (ii) retention by the local government of amounts equivalent to debt guarantee fees for State guarantees; and (b) compliance with Commonwealth, State and local government requirements that apply only if the activity is carried on by a private sector business, such as those relating to the protection of the environment and planning and approval processes. (3) If, before corporatisation of a significant business activity by a local government, the local government is not liable to pay a State tax that would be payable if the activity were corporatised, an amount equivalent to the tax is to be payable by the entity to the local government in place of payment of the tax to the State. (4) Part 7 applies to the implementation of corporatisation for a significant business activity of a local government. 552 What is commercialisation (1) For a public benefit assessment, commercialisation of a significant business activity of a local government involves— (a) the activity being carried on by a business unit of the local government that is not a legal entity separate from the local government; and (b) the unit providing goods and services on a commercial basis; and

s 553 347 Local Government Act 1993 s 554 (c) the unit receiving subsidies to provide goods and services, as community service obligations, that it would not otherwise be in the commercial interests of the unit to provide. (2) Implications of commercialisation include— (a) the question of retention by the local government of— (i) amounts equivalent to government taxes that are not otherwise payable to the Commonwealth, State or local government; and (ii) amounts equivalent to debt guarantee fees for State guarantees; and (b) compliance with Commonwealth, State and local government requirements that apply only if the activity is carried on by a private sector business, such as those relating to the protection of the environment and planning and approval processes. (3) Part 6 applies to the commercialisation of a significant business activity of a local government. 553 What is full cost pricing (1) For a public benefit assessment, full cost pricing for a significant business activity means prices are charged for goods and services taking into account the full cost of providing the goods or services including estimates of the amounts mentioned in section 552(2)(a). (2) Part 5 applies to the application of full cost pricing for a significant business activity of a local government. Division 2 Content of public benefit assessment report 554 Matters to be addressed in public benefit assessment reports (1) A public benefit assessment report must include—

s 555 348 Local Government Act 1993 s 555 (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 549 or 550 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. (2) A report may, and it is declared always could, recommend— (a) different reforms for separate parts of the activity; and (b) sequential reforms for the whole or part of the activity. Example for subsection (2) — An assessment may consider whether the whole or part of an activity should be reformed and, in recommending reform of part of the activity, the public benefit assessment report could recommend that for the part— (a) full cost pricing be implemented by 1 July 1999; and (b) commercialisation be implemented by 1 July 2000; and (c) the activity be corporatised by 1 July 2002. Division 3 Local government to undertake assessments 555 Public benefit assessments to be undertaken (1) 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. (2) A local government may, by resolution, decide a public benefit assessment is to be carried out and a public benefit assessment report be prepared for any of its activities that are not significant business activities.

s 556 349 Local Government Act 1993 s 557 (3) If a local government acts under subsection (2)— (a) this chapter, other than sections 556, 558(1) and 564(3), applies, with all necessary changes, to the activity as if it were a new type 2 business activity; and (b) for chapter 11, the activity is taken to be significant business activity, under this chapter, carried on by a local government business entity. 556 Fresh public benefit assessment if reforms not implemented within 3 years (1) This section applies if— (a) a public benefit assessment report on a significant business activity of a local government recommends reforms under this part; and (b) the local government resolves not to implement any reforms. (2) The local government must ensure a fresh public benefit assessment is carried out and a fresh public benefit assessment report prepared for the activity within 3 years after the end of the financial year in which the report was first presented to the local government. 557 Local government to resolve on assessment and report process (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

s 558 350 Local Government Act 1993 s 558 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) — 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 554 and a regulation under section 559. 558 Timing for assessments and reports (1) The public benefit assessment report must be completed— (a) for a type 1 or 2 business activity— (i) before 30 June 1997; or (ii) a day (not later than 30 September 1997) approved by the Minister; or (b) for a new type 1 business activity— (i) before the end of the financial year for which the activity is first identified by the local government as a new type 1 business activity; or (ii) a day (not later than 3 months after the end of the financial year) approved by the Minister; or (c) for a new type 2 business activity— (i) before the end of the financial year for which the activity is first identified by the local government as a new type 2 business activity; or (ii) a day (not later than 3 months after the end of the financial year) approved by the Minister.

s 559 351 Local Government Act 1993 s 561 (2) The report must be presented to a meeting of the local government as soon as practicable after the report is completed. 559 Regulation about public benefit assessment and public benefit assessment reports A regulation may prescribe requirements for public benefit assessments and public benefit assessment reports. Division 4 Action to be taken on public benefit assessment reports 560 Object of division The object of this division is to require local governments to consider public benefit assessment reports and to decide whether or not to implement reforms of their significant business activities and, if reforms are to be implemented, timetables for implementation of the reforms. 561 Local government to give public notice of public benefit assessment report (1) A local government must give public notice of the public benefit assessment report for each of its significant business activities. (2) The notice must be given by— (a) publishing the notice, as soon as practicable after the report has been presented to a meeting of the local government under section 558(2), once in a newspaper circulating generally in the local government’s area; and (b) putting a copy of the notice on display in a conspicuous place in the local government’s public office on the day on which the notice is published under paragraph (a); and (c) keeping the copy of the notice on display until the local government resolves under section 563 whether any of

s 562 352 Local Government Act 1993 s 563 the reforms considered under section 549 or 550 should be implemented for the significant business activity. (3) The notice must state the following— (a) the name of the local government; (b) the report has been presented to the local government; (c) a summary of the report’s recommendations; (d) the day, under section 563, on or before which the local government is required to decide whether to implement any of the reforms mentioned in the report; (e) the report is open to inspection. 562 Public access to public benefit assessment reports From the day the public benefit assessment report for a significant business activity is presented to a meeting of a local government until the local government decides under section 563 whether to implement any of the reforms— (a) a copy of the report must be open to inspection; and (b) copies of the report must be available for purchase at the local government’s public office at the price stated in the notice about the report. 563 Local government to resolve whether to implement reforms (1) As soon as practicable, and not later than 3 months after a public benefit assessment report for a significant business activity has been first presented to a meeting of a local government, the local government must resolve whether any of the reforms considered under section 549 or 550 should be implemented for the whole or part of the activity. (2) A resolution not to implement a reform recommended in the report must include a statement of the reasons for not implementing the reform.

s 564 353 Local Government Act 1993 s 565 564 Timetable for implementation of reforms (1) This section applies if a local government resolves under section 563 to implement a reform of a significant business activity. (2) The local government must also, by the resolution, decide a timetable for implementation of the reform under subsection (3). (3) The reform of the activity must be implemented on or before— (a) for a type 1 or 2 business activity—1 July 1998; or (b) for a new type 1 or 2 business activity—the start of the second financial year after the financial year for which the activity was identified as being a new type 1 or 2 business activity. (4) For a particular significant business activity, the Minister may extend the time for its implementation subject to the terms the Minister considers appropriate. (5) If the Minister extends the time for implementation, the local government may, by resolution, amend the timetable for implementation in accordance with the extension. (6) Subsection (7) applies if, under section 563, a local government resolves to implement a series of reforms for the whole or part of a significant business activity. (7) Subsection (3) applies only to the first of the series of reforms for the significant business activity but the resolution of the local government must include a timetable for implementation of the remaining reforms. 565 Notice to Minister of resolution As soon as practicable after making a resolution to implement, or not to implement, a reform considered under section 549 or 550, a local government must give to the Minister— (a) a copy of the public benefit assessment report; and (b) a copy of the resolution.

s 566 354 Local Government Act 1993 s 568 566 Reforms not implemented, may later be implemented (1) Although a local government resolves not to implement a reform recommended in a public benefit assessment report for a significant business activity, the local government may, at a later time, resolve to implement the reform. (2) Sections 564 (other than subsection (3)) and 565 apply, with all necessary changes, to a local government acting under this section. Part 5 Full cost pricing for significant business activities 567 Application of pt 5 This part applies to a significant business activity of a local government if the local government has resolved under section 563 or 566 to implement full cost pricing for the activity. 568 Meaning of full cost pricing (1) Full cost pricing , for a significant business activity of a local government, is charging for goods or services taking into account the full cost of providing the goods or services, including estimates of amounts equivalent to— (a) government taxes that are not otherwise payable to the Commonwealth, State or local government; and (b) cost of funds advantage the local government obtains over commercial rates of interest because of State guarantees used for providing the goods or services. (2) Full cost pricing includes— (a) where possible and appropriate, the removal of advantages and disadvantages that would not apply to the significant business activity if it were carried on by a private sector business; and

s 569 355 Local Government Act 1993 s 570 (b) if removal of the advantages or disadvantages does not happen, taking them into account in charging for goods or services. (3) Full cost pricing also includes compliance with Commonwealth, State and local government requirements that apply only if the activity were carried on by a private sector business, including, for example, requirements relating to the protection of the environment and planning and approval processes. 569 Guarantees by State If the State guarantees repayment of a debt of a local government for a significant business activity for which full cost pricing is implemented, the local government must, in carrying on the activity, take account of amounts equivalent to the cost of funds advantage the local government obtains over commercial rates of interest because of the guarantee. 570 Local government to implement full cost pricing for significant business activities The local government must implement full cost pricing for each of its significant business activities in accordance with the timetable for its implementation. 25 25 Section 564 (Timetable for implementation of reforms) requires a local government to decide a timetable for implementation of reforms.

s 571 356 Local Government Act 1993 s 574 Part 6 Commercialisation of significant business activities Division 1 Preliminary 571 Application of pt 6 This part applies to a significant business activity of a local government if the local government has resolved under section 563 or 566 to implement commercialisation of the activity. Division 2 Background and objectives of part 572 Objectives of commercialisation The objectives of commercialisation of significant business activities of a local government are to improve overall economic performance and the local government’s ability to carry out its responsibilities for the good rule and government of its area by— (a) establishing efficient and effective commercial business units; and (b) establishing a framework for operation and accountability of the units. 573 How objectives of commercialisation are to be achieved—key principles and their elements The objectives of commercialisation of significant business activities are to be achieved through application of the key principles of commercialisation and their elements. 574 Key objectives of commercial business units under commercialisation (1) Under commercialisation, the key objectives of a local government’s commercial business unit are to be

s 575 357 Local Government Act 1993 s 575 commercially successful in carrying on its activities and efficient and effective in the provision of goods and delivery of its services, including things done as community service obligations. (2) The commercial success, efficiency and effectiveness of a commercial business unit are to be measured against its financial and non-financial performance targets. Division 3 Interpretation 575 Meaning of commercialisation (1) Commercialisation of a significant business activity of a local government involves— (a) the activity being carried on by a commercial business unit of the local government that is not a legal entity separate from the local government; and (b) the unit providing goods or services on a commercial and full cost pricing basis; and (c) subsidies to do anything, as community service obligations, that would not otherwise be in the commercial interests of the unit to do. (2) Commercialisation includes— (a) retention by the local government of— (i) amounts equivalent to government taxes that are not otherwise payable to the Commonwealth, State or local government; and (ii) cost of funds advantage the local government obtains over commercial rates of interest because of State guarantees used for providing the goods or services; and (b) compliance with Commonwealth, State and local government requirements that apply only if the activity were carried on by a private sector business, including, for example, requirements relating to the protection of the environment and planning and approval processes.

s 576 358 Local Government Act 1993 s 576 576 Meaning of key principles of commercialisation (1) The key principles of commercialisation are— (a) principle 1—clarity of objectives; and (b) principle 2—management autonomy and authority; and (c) principle 3—accountability for performance; and (d) principle 4—competitive neutrality. (2) The elements of principle 1 are that— (a) the commercial business unit will have clear, non-conflicting objectives; and (b) specific financial and non-financial performance targets will be set for the commercial activities of the commercial business unit; and (c) any activities of a local government policy formulation or regulatory nature will, wherever possible, be kept separate from its commercial business unit; and (d) any community service obligations of the commercial business unit will be— (i) clearly identified in the unit’s annual performance plan; and (ii) separately costed; and (e) the commercial business unit will be appropriately funded for its community service obligations and any funding will be made apparent; and (f) the commercial business unit will be set performance targets for its community service obligations. (3) The elements of principle 2 are that— (a) the commercial business unit will be required to use its best endeavours to ensure it meets its performance targets; and (b) the commercial business unit will be given the autonomy in its day to day operations subject to overarching control mechanisms under the commercialisation framework; and

s 577 359 Local Government Act 1993 s 577 (c) local government directions for the commercial business unit to achieve non-commercial objectives will be exercised in an open way; and (d) in its day to day operations the commercial business unit will be at arms length to its local government. (4) The elements of principle 3 are that— (a) performance of the commercial business unit will be monitored by the local government against performance targets specified in its annual performance plan; and (b) commercial business units will generally be subject to the basic management framework of the local government and will comply with the requirements of laws applying to local governments. (5) The elements of principle 4 are that— (a) the efficiency of overall resource use is promoted by ensuring markets are not unnecessarily distorted; and (b) wherever possible and appropriate, advantages and disadvantages accruing to a commercial business unit because it is part of the local government should be removed. 577 Definitions for pt 6 In this part— commercialisation see section 575. community service obligations , of a commercial business unit of a local government, means the obligations to do anything the local government is satisfied— (a) are not in the unit’s commercial interests to perform; and (b) arise because of a direction by the local government; and (c) do not arise because of the application of the following key principles of commercialisation and their elements— (i) principle 3—accountability for performance;

s 578 360 Local Government Act 1993 s 579 (ii) principle 4—competitive neutrality. full cost pricing , for a significant business activity of a local government, is charging for goods or services taking into account the full cost of providing the goods or services, including amounts equivalent to— (a) government taxes that are not otherwise payable to the Commonwealth, State or local government; and (b) debt guarantee fees for State guarantees. key principles of commercialisation see section 576. Division 4 Establishment of commercial business unit 578 Local government to establish commercial business unit A local government must establish a unit of the local government (a commercial business unit ) for the carrying on of 1 or more of the local government’s significant business activities under the resolution to implement commercialisation of the activity. 26 Division 5 Operations of commercial business unit 579 Additional requirements for corporate plan A local government’s corporate plan under chapter 7, part 2, must include, for each of its commercial business units, an outline of— (a) its objectives; and (b) the nature and scope of the activities proposed to be carried out by the unit. 26 Section 563 (Local government to resolve whether to implement reforms) requires a resolution.

s 580 361 Local Government Act 1993 s 581 580 Performance plan for commercial business units (1) There must be an annual performance plan for each commercial business unit. (2) A local government’s operational plan under chapter 7, part 2, must include the annual performance plan for each of its commercial business units. (3) A performance plan may be amended at any time before the end of the financial year for which it is prepared. Division 6 Annual statement on operations of commercial business unit 581 Annual statement on operations of commercial business unit (1) A local government must ensure an annual statement on the operations of each commercial business unit for the preceding financial year is given to the local government. (2) The statement must contain— (a) information to enable an informed assessment to be made of the unit’s operations, including a comparison of the unit’s performance with its annual performance plan; and (b) particulars of any amendments made to its annual performance plan in the financial year; and (c) particulars of any directions (including directions about community service obligations to be carried out by the unit) to the unit for the financial year; and (d) particulars of the impact that any changes to its annual performance plan may have had on the unit’s financial position, operating surpluses and deficits and prospects. (3) The statement must be included in the local government’s annual report.

s 582 362 Local Government Act 1993 s 583 582 Commonwealth and State tax equivalents (1) The Treasurer may issue a manual (the tax equivalents manual ) about deciding the amounts ( tax equivalents ) that must be taken into account by a commercial business unit in applying full cost pricing to its operations as the value of benefits derived by the unit if there is no liability to pay a government tax that would be payable by the unit if it were not a part of a local government. (2) Without limiting subsection (1), the tax equivalents manual may provide for— (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and (b) lodging of returns and giving of information; and (c) assessing returns; and (d) functions and powers of the tax assessor; and (e) objections and appeals against assessments and rulings. (3) The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual. (4) A commercial business unit must, as required under the tax equivalents manual, account for tax equivalents. (5) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made. 583 Guarantees by State If the State guarantees repayment of a debt of a local government for a significant business activity carried on by a commercial business unit of the local government, the local government must, in the unit’s operations, take account of amounts equivalent to the cost of funds advantage the unit obtains over commercial rates of interest because of the guarantee.

s 584 363 Local Government Act 1993 s 585 Part 7 Local government owned corporations Division 1 Preliminary Subdivision 1 Application of part 584 Application of pt 7 This part applies to a significant business activity of a local government if the local government resolves to implement corporatisation in relation to the activity. 27 Subdivision 2 Outline of part and its background and objectives 585 What this part provides This part provides for the processes necessary to allow for— (a) local governments to propose the acquisition of a part of a local government, or parts of local governments, carrying on a significant business activity by corporatised corporations; and (b) the nomination of parts of local governments carrying on significant business activities as candidate LGOCs or candidate subsidiaries; and (c) the preparation and approval of corporatisation charters for candidate LGOCs; and (d) the establishment of significant business entities as separate legal entities; and 27 See sections 563 (Local government to resolve whether to implement reforms), 566 (Reforms not implemented, may later be implemented) and 616 (Significant business entities).

s 586 364 Local Government Act 1993 s 588 (e) significant business entities to become corporatised corporations and to acquire the business of candidates; and (f) the operation of corporatised corporations. 586 Objectives of corporatisation The objectives of corporatisation are to improve overall economic performance, and the ability of local governments to carry out their responsibilities for the good rule and government of their areas, by— (a) establishing efficient and effective corporatised corporations; and (b) establishing a framework for accountability of corporatised corporations. 587 How objectives of corporatisation are to be achieved—key principles and their elements The objectives of corporatisation are to be achieved through application of the key principles of corporatisation and their elements. 588 Key objectives of corporatised corporation under corporatisation (1) Under corporatisation, the key objectives of a corporatised corporation are to be commercially successful in the carrying on of its activities and efficient and effective in the provision of goods and delivery of its services, including services provided as community service obligations. (2) The commercial success, efficiency and effectiveness of a corporatised corporation are to be measured against its financial and non-financial performance targets.

s 589 365 Local Government Act 1993 s 590 Subdivision 3 Interpretation 589 Meaning of corporatisation Corporatisation is a reform process for certain significant business activities of local governments that— (a) changes the conditions and the structure under which the business activities are carried on so they are acquired and carried on by separate legal entities (corporatised corporations) and, as far as practicable, on a commercial basis and in a competitive environment; and (b) provides for local government ownership (whether directly or through ownership of an LGOC) of the corporatised corporations operating the business activities; and (c) allows local governments to provide strategic direction to the corporatised corporations by setting financial and non-financial performance targets and community service obligations. 590 Meaning of key principles of corporatisation (1) The key principles of corporatisation are— (a) principle 1—clarity of objectives; and (b) principle 2—management autonomy and authority; and (c) principle 3—strict accountability for performance; and (d) principle 4—competitive neutrality. (2) The elements of principle 1 are that— (a) each corporatised corporation will have clear, non-conflicting objectives; and (b) each corporatised corporation will be set specific financial and non-financial performance targets for its commercial activities; and (c) any activities of a local governmental policy formulation or regulatory nature will, wherever possible, be kept separate from its corporatised corporation; and

s 590 366 Local Government Act 1993 s 590 (d) any community service obligations of the corporatised corporation will be— (i) clearly identified in the corporation’s statement of corporate intent; and (ii) separately costed; and (e) the corporatised corporation will be appropriately compensated for its community service obligations and any funding will be made apparent; and (f) the corporatised corporation will be set performance targets for its community service obligations. (3) The elements of principle 2 are that— (a) each corporatised corporation will have a board of directors appointed on merit; and (b) the board will be required to use its best endeavours to ensure that the corporation meets its performance targets; and (c) the board will be given the autonomy and authority to make commercial decisions within areas of responsibility defined by the corporatisation framework; and (d) the local government’s former power to make decisions on the operation of a significant business activity will be replaced with procedures for strategic monitoring of corporatised corporations; and (e) the role of the shareholder in relation to the corporatised corporation will be clearly defined; and (f) local government reserve powers will be required to be exercised in an open way. (4) The elements of principle 3 are that— (a) the board of the corporatised corporation will be accountable to the shareholder for the corporation’s performance; and (b) the corporation’s statement of corporate intent will form the basis for accountability; and

s 591 367 Local Government Act 1993 s 592 (c) performance will be monitored by the shareholder against performance targets stated in the statement of corporate intent; and (d) shareholder monitoring of the corporation is intended to compensate for the absence of the wide range of monitoring to which listed corporations are subject by, for example, the sharemarket and Commonwealth regulatory agencies. (5) The elements of principle 4 are that— (a) the efficiency of overall resource use is promoted by ensuring markets are not unnecessarily distorted; and (b) to ensure, wherever possible, the removal of advantages and disadvantages accruing to the corporatised corporation as a result of local government ownership; and (c) if a corporation has monopoly or near monopoly power— (i) if a local government decides it is appropriate to increase competition, there may be reform of the business activity; and (ii) special monitoring may be necessary to prevent abuse of this power. 591 Meaning of statement of corporate intent (1) The statement of corporate intent of a corporatised corporation is a document created for the corporation under division 3, subdivision 9. (2) It is intended that the statement of corporate intent should represent an agreement between the board of the corporation and its shareholder but the statement is not a contract for carrying out of work or for supply of goods or services. 592 Definitions for pt 7 In this part— board , of a corporatised corporation, means the corporation’s board of directors.

s 592 368 Local Government Act 1993 s 592 borrow includes— (a) raise money or credit; and (b) obtain financial accommodation; and (c) borrow in a foreign currency. candidate means a candidate LGOC or a candidate subsidiary. candidate LGOC means a part of a local government carrying on a significant business activity nominated by the local government under section 601 for its business to become the business of an LGOC. candidate subsidiary means a part of a local government carrying on a significant business activity nominated by the local government under section 601 for its business to become the business of a subsidiary of an LGOC. charter transitional part see section 609. community service obligations see section 677. corporatisation see section 589. corporatisation charter means— (a) for a candidate LGOC— (i) the draft corporatisation charter approved by the candidate LGOC’s local government as its corporatisation charter; or (ii) if the local government approves an amendment of the corporatisation charter—the corporatisation charter as amended; or (b) for an LGOC—the corporatisation charter for the LGOC when it was a candidate LGOC as amended from time to time and, on expiry of the charter transitional part, the remainder of the charter. corporatised corporation means an LGOC or a subsidiary of an LGOC. financial accommodation , for a corporatised corporation, includes a financial benefit and assistance to obtain a financial benefit, arising from or because of—

s 592 369 Local Government Act 1993 s 592 (a) a loan; or (b) issuing, endorsing or other dealing in promissory notes; or (c) drawing, accepting, endorsing or other dealing in bills of exchange; or (d) issuing, purchasing or other dealing in securities; or (e) granting or taking a lease of any property for financing purposes; or (f) another arrangement prescribed under a regulation. instrument means an instrument of any kind (whether express or implied and whether made or given orally or in writing), and includes— (a) a contract, deed, agreement, arrangement, understanding or undertaking; and (b) a mandate, instruction, notice, authority or order; and (c) a lease, licence, transfer, conveyance or other assurance; and (d) a guarantee, bond, power of attorney, bill of lading, negotiable instrument or order for the payment of money; and (e) a mortgage, charge, lien or security. key principles of corporatisation see section 590. lease includes— (a) licence, charter or hiring arrangement of property; and (b) an arrangement under which a right to use, operate or provide goods or services in relation to property is granted by a person to another person. LGOC (or local government owned corporation ) means a significant business entity declared to be a local government’s LGOC by resolution of the local government that has taken effect. main undertakings , for a corporatised corporation, means the undertakings stated in the corporation’s most recent statement of corporate intent as the corporation’s main undertakings.

s 592 370 Local Government Act 1993 s 592 officer , of a corporatised corporation, means— (a) a director of the corporation; or (b) the corporation’s chief executive officer; or (c) for sections other than sections 698, 702 and 703—another person who is concerned, or takes part, in the corporation’s management; or (d) for sections 698, 702 and 703—an employee of the corporation. security includes inscribed stock, debenture, bond, debenture stock, note and any other document creating, evidencing or acknowledging indebtedness (whether or not constituting a charge on property). share , for a significant business entity (including a corporatised corporation) or another corporation, means a share in the entity’s or corporation’s share capital. shareholder means— (a) for an LGOC— (i) if a local government holds all the shares in the LGOC—the local government; or (ii) if 2 or more local governments hold shares in the LGOC—all local governments holding the shares in the LGOC; or (b) for a subsidiary of an LGOC—its LGOC. shareholder’s delegate see section 643. statement of corporate intent see section 591. subsidiary , for an LGOC, means a significant business entity declared under this part to be a subsidiary of the LGOC by resolution of a local government that has taken effect. terms , of appointment or employment, include terms relating to— (a) remuneration and allowances; and (b) duration of appointment or employment; and (c) termination of appointment or employment.

s 593 371 Local Government Act 1993 s 594 593 References to doing of act by corporatised corporation In this part, a reference to the doing of an act by a corporatised corporation includes a reference to— (a) the making or giving of an instrument by the corporation; and (b) the transfer of property by or to the corporation; and (c) the incurring of a liability by the corporation. 594 References to local governments etc. (1) In this part, a reference to a candidate’s local government is a reference to the local government that, under section 601, nominated the candidate to become the business of an LGOC or a subsidiary. (2) In this part, a reference to an LGOC’s local government is a reference to the LGOC’s shareholder. (3) In this part, a reference to a subsidiary’s local government is a reference to the local government whose LGOC is the subsidiary’s shareholder. (4) In this part, a reference to a significant business entity’s local government is a reference to the local government that resolved to establish the entity. (5) If 2 or more local governments make a resolution about an LGOC, a significant business entity, a candidate or a subsidiary (in each case, the entity )— (a) a reference, in subsections (1) to (4), to the entity’s local government is a reference to all of the local governments acting jointly; and (b) a reference to the local government area of the entity’s local government is a reference to the local government areas of all the local governments.

s 595 372 Local Government Act 1993 s 597 Subdivision 4 Corporatised corporation not a local government 595 Corporatised corporation not a local government A corporatised corporation does not form part of a local government. Subdivision 5 Operation of part and application of laws 596 Extraterritorial operation It is the intention of Parliament that this part should apply, as far as possible, to— (a) land and things outside Queensland (whether in or outside Australia); and (b) acts, transactions and things done, entered into or happening outside Queensland (whether in or outside Australia); and (c) land, things, acts and transactions (wherever situated, done, entered into or happening) that would, apart from this part, be governed or otherwise affected by the law of another jurisdiction (including a foreign country). 597 Application of existing laws (1) This part applies to a corporatised corporation and a local government despite anything in an Act, including this Act, that was enacted before the commencement of this part. (2) If there is an inconsistency between this part and an Act enacted before the commencement of this part, this part prevails to the extent of the inconsistency.

s 600 373 Local Government Act 1993 s 601 Division 2 Mechanisms for creating LGOCs and subsidiaries Subdivision 1 Proposal for corporatisation 600 Local government proposes corporatisation (1) A local government may, by resolution, propose that a part of the local government carrying on a significant business activity will be acquired by a corporatised corporation. (2) The local government may also propose, by resolution, that a corporatised corporation will be an LGOC or a subsidiary of an LGOC. (3) To remove any doubt, it is declared that a local government may propose a corporatised corporation will acquire— (a) parts of the local government carrying on more than 1 significant business activity; or (b) parts of 2 or more local governments. (4) A resolution under subsection (3)(b) is not effective until each local government makes the resolution. Example of resolutions for this section — A local government may, by resolution, propose a part of the local government carrying on its significant business activity will be acquired and operated by a corporatised corporation as a subsidiary of another corporatised corporation that will be an LGOC. While the subsidiary will carry on the business, it is answerable to its LGOC which in turn is responsible to the local government for the subsidiary carrying on the business. 601 Nomination of candidate LGOC or LGOC’s subsidiary (1) A local government may, by resolution, nominate a part of a local government carrying on a significant business activity to be a candidate LGOC or candidate subsidiary. (2) A nomination of a candidate subsidiary must also nominate the LGOC or candidate LGOC of which it is to be a subsidiary.

s 602 374 Local Government Act 1993 s 604 (3) If parts of 2 or more local governments are nominated, the nomination is not effective until each of the local governments makes a nomination. Subdivision 2 Preparation of corporatisation charter—preliminary 602 Meaning of corporatisation charter The corporatisation charter for a candidate LGOC sets out the steps by which, and the basis on which— (a) a candidate LGOC’s business is to become the business of an LGOC; and (b) the key principles of corporatisation, and their elements, are to be implemented. 603 Candidate LGOC’s business may become business of LGOC following corporatisation charter (1) A candidate LGOC’s business may become the business of an LGOC following the preparation and approval of a corporatisation charter and the implementation of its charter transitional part. (2) However, a candidate LGOC’s business may become the business of an LGOC if a corporatisation charter has been prepared and approved although its charter transitional part has not been fully implemented. Subdivision 3 Preparation of corporatisation charter—establishment committee 604 Establishment committee to be appointed (1) The local government of a candidate LGOC must appoint a committee (the establishment committee ) to— (a) prepare a draft corporatisation charter for the candidate; and

s 605 375 Local Government Act 1993 s 606 (b) report to the local government on whether the candidate’s corporatisation charter is being implemented in a timely, efficient and effective way. (2) If chapter 6, part 1, division 3 applies to a local government, the establishment committee must be appointed under the division. (3) The establishment committee goes out of existence when the LGOC is established. 605 Composition of establishment committee Councillors and employees of a local government may be members of an establishment committee appointed by the local government but together must not, at any time, be more than— (a) before 1 July 1999—two-thirds of the members; or (b) from 1 July 1999—one-half of the members. 606 Procedure for appointment of establishment committee (1) The local government of a candidate LGOC must adopt processes for selection of appropriate persons for appointment as members of the establishment committee for the candidate. (2) In appointing a person as a member, the local government must have regard to the person’s ability to make a contribution to the committee’s performance of its role. (3) The processes are to be based on the principle that the committee should have the appropriate range of skills to ensure the corporatisation is a success. Example of the application of this section — The local government may— (a) identify the key attributes required; and (b) call for nominations through public advertising and canvassing of suitable individuals; and (c) evaluate nominations using independent expertise; and (d) provide for interviews of short-listed individuals by a nominated group assisted by independent experts; and (e) appoint the most suitable individuals as members.

s 607 376 Local Government Act 1993 s 608 607 Draft corporatisation charter to be given to local government (1) When the establishment committee for a candidate LGOC has prepared the candidate LGOC’s draft corporatisation charter, the committee must give a copy of the draft charter to the local government. (2) The local government may return the draft charter to the committee and ask it to— (a) consider or further consider any matter and deal with the matter in the draft charter; and (b) revise the draft charter in the light of its consideration or further consideration. (3) The establishment committee must comply with the request. Subdivision 4 Preparation of corporatisation charter—requirements for charter 608 Matters to be included in draft corporatisation charter (1) The draft corporatisation charter must contain the following matters— (a) an outline of how the key principles of corporatisation and their elements are to be applied by the LGOC and a timetable for their application; (b) specification of appropriate systems of accounting for the LGOC and a timetable for their adoption; (c) a timetable for the adoption of commercial management and performance systems by the LGOC; (d) the scope of the LGOC’s business activities, including any undertakings outside the LGOC’s local government area; (e) a timetable and method for valuing the assets to be transferred to the LGOC and determining the LGOC’s capital structure; (f) any other matter stated by the local government.

s 609 377 Local Government Act 1993 s 610 (2) The local government may determine that the draft corporatisation charter should also contain a timetable for— (a) identifying any existing activities of a policy formulation or regulatory nature of the candidate; and (b) identifying options for the activities to remain within the local government; and (c) identifying any community service obligations of the LGOC; and (d) costing any community service obligations of the LGOC. (3) If there is a candidate subsidiary for the candidate LGOC, a reference in this section to an LGOC includes a reference to the subsidiary. 609 Other matters relevant to draft corporatisation charter preparation (1) The local government may determine— (a) steps to be taken in preparing the draft corporatisation charter; and (b) any other matter about the preparation of the draft corporatisation charter. (2) The local government must also determine that the charter identify its parts that are concerned with the process to achieve corporatisation for the candidate LGOC (the charter transitional part ). Subdivision 5 Corporatisation charter—approvals 610 Approval of draft corporatisation charter The local government may, by resolution, approve the establishment committee’s draft corporatisation charter, or that charter as amended by the local government, as the candidate LGOC’s corporatisation charter.

s 611 378 Local Government Act 1993 s 614 611 Approval of amendments of corporatisation charter The local government may, by resolution, at any time (whether before or after corporatisation is achieved) approve an amendment of a corporatisation charter. 612 Corporatisation charter open to inspection (1) A copy of a corporatisation charter must be open to inspection. (2) A copy of the charter may be purchased at the local government’s public office. (3) The price of a copy of the charter must be no more than the cost to the local government of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost. 613 Deletion of commercially sensitive matters from corporatisation charter (1) A local government may, by resolution, approve a matter in the corporatisation charter may be omitted from the copies of it to be made public if— (a) the matter is of a commercially sensitive nature to the corporatised corporation; and (b) a full statement of the matter is given to each councillor. (2) For section 250(2)(a), a full statement of the matter given to councillors under subsection (1)(b) is information that is confidential to the local government. Subdivision 6 Corporatisation charter—expiry of charter transitional part 614 Expiry of charter transitional part The charter transitional part of the corporatisation charter for a candidate LGOC expires on the approval by the shareholder of the first statement of corporate intent for the LGOC.

s 615 379 Local Government Act 1993 s 616 Subdivision 7 Corporatisation facilitative mechanisms—significant business entities 615 Purpose of subdivision This subdivision provides mechanisms to facilitate the corporatisation process by enabling, among other things, the establishment of a significant business entity. 616 Significant business entities (1) In accordance with a resolution under section 600, a local government, or 2 or more local governments, may resolve that a significant business entity be established. (2) The resolution must state, among other things— (a) the name of the entity and its functions and powers; and (b) the part of the local government, or parts of local governments, the business of which is to be acquired by the significant business entity after it becomes a corporatised corporation. (3) The significant business entity is established on the publication in the gazette of notice of the making of the resolution or a later day stated in the resolution and the notice. (4) On establishment, the significant business entity— (a) is a body corporate; and (b) has the name stated in the resolution; and (c) has a seal; and (d) may sue and be sued in its corporate name; and (e) has such functions and powers as may be specified in the resolution. (5) A resolution under subsection (1) is not effective until each local government makes the resolution under this section.

s 617 380 Local Government Act 1993 s 617 617 Transfer of assets, liabilities etc. to significant business entity (1) For a significant business entity, a local government may, by resolution, make provision about— (a) whether, and, if so, the extent to which, the entity is the successor in law of a particular person; and (b) the assets and liabilities that are, or are not, assets and liabilities of the entity or of someone else; and (c) the consideration for a transfer of assets to the entity, which may include a debt to be owed by the entity to the local government; and (d) the instruments that are, or are not, to apply to the entity, including whether or not the instruments are taken to be instruments— (i) to which the entity is a party; or (ii) that were given to, by or in favour of the entity; or (iii) in which a reference is made to the entity; or (iv) under which money is or may become payable, or other property is to be, or may become liable to be, transferred, conveyed or assigned to or by the entity; and (e) the proceedings to which the entity becomes a party in substitution for someone else; and (f) the existing employees of the local government and their rights. (2) Without limiting subsection (1)— (a) a resolution under subsection (1)(c) may make provision about— (i) how the consideration is to be decided; and (ii) the changing of the consideration, whether before or after the entity concerned becomes a corporatised corporation; and (iii) the terms of the debt; and

s 618 381 Local Government Act 1993 s 618 (b) a resolution under subsection (1)(d) may make provision about whether, and, if so, the extent to which, instruments apply to the entity in substitution for someone else; and (c) a resolution under subsection (1)(f) may provide for the office (including that of chief executive officer or a senior executive) the employee is to hold in the entity when it becomes a corporatised corporation. (3) A resolution under this section takes effect on publication in the gazette of notice of the making of the resolution or a later day stated in the resolution and the notice. (4) A resolution under subsection (1)(f) has effect despite the following provisions— (a) section 623; (b) division 6, section 751. (5) A resolution under this section must be stated to commence on the entity becoming a corporatised corporation or at a later time. Subdivision 8 Significant business entities—directors and employees 618 Composition of boards including councillors and local government employees (1) A councillor or local government employee may be a director of the local government’s significant business entity that is, or is to become, an LGOC if the councillor or employee is qualified for appointment. (2) However, directors mentioned in subsection (1) must not, at any time, be more than from 1 July 1999—one-half of all directors. (5) An appointment of a councillor or local government employee as director is made on the terms the local government decides. (6) In taking part in meetings of the board of a significant business entity that is, or is to become, an LGOC, a director

s 619 382 Local Government Act 1993 s 619 who is a councillor or local government employee must act in the best interests of the significant business entity. (7) For a councillor to whom section 229 applies, if the councillor acts in accordance with subsection (6), the councillor is taken, for section 229(2), to act in compliance with the section. (8) For a local government employee to whom section 1138 applies, if the employee acts in accordance with subsection (6) the employee is taken, for section 1138, to act in a way that shows proper concern for the public interest. (9) Before 1 July 2003, the Minister must complete a review of the appropriateness of councillors and employees of local governments being directors of LGOCs, including LGOCs mentioned in subsection (10). (10) From 1 July 2003, this section only applies to a significant business entity that is, or is to become, an LGOC, if its activities (being former significant business activities of its local government) are carried on by its subsidiaries. Example for subsection (10) — From 1 July 2003, this section will apply to an LGOC which does not itself trade in goods and services but is the shareholder of subsidiaries that do trade in goods and services. 619 Remuneration and allowances to directors of significant business entities who are councillors or employees of a local government (1) Unless the local government decides otherwise, a councillor or employee of the local government who is also a director of the local government’s significant business entity is entitled as a director to remuneration and allowances payable to a director of the significant business entity. (2) If the local government decides its councillors or employees are not entitled to directors’ remuneration and allowances, those remunerations and allowances must be paid by the significant business entity to the local government. (3) From 1 July 2003, this section only applies to an LGOC mentioned in section 618(10).

s 620 383 Local Government Act 1993 s 622 620 Restrictions on councillors and employees being directors (1) A person must not be both a councillor or employee of a local government and a director of the local government’s significant business entity. (2) Subsection (1) does not apply to a significant business entity that is, or is to become, an LGOC— (a) if it is a significant business entity mentioned in section 618(10); or (b) for another significant business entity—until 1 July 2003. (3) A person who is both a councillor or employee of a local government and a director of a significant business entity (that is, or is to become, an LGOC) immediately before subsection (1) applies to it, ceases to be a director on the subsection applying to the entity. (4) From 1 July 2003— (a) at least one-half of the directors of a significant business entity that is or is to become an LGOC must not be employees of the entity; and (b) at least one-half of the directors of a subsidiary must not be employees of the subsidiary or its LGOC; and (c) at least one-half of the directors of a significant business entity mentioned in section 618(10) must not be councillors or employees of the local government or employees of the entity. 621 Prohibition on councillors being employees A person must not be both a councillor of a local government and an employee of a significant business entity. Subdivision 9 Interim board 622 Interim board of directors for significant business entity (1) A local government may, by resolution, decide—

s 623 384 Local Government Act 1993 s 623 (a) on a stated day, its significant business entity that is not a corporatised corporation is to have an interim board of directors; and (b) the role of the board. (2) On the significant business entity becoming a corporatised corporation, the directors on the interim board go out of office. 623 Application of certain provisions about directors and executives to significant business entities (1) This section applies to a significant business entity that is not a corporatised corporation. (2) Sections 651 to 653 apply in relation to the significant business entity, with all necessary changes, as if it were a corporatised corporation. (3) Division 5 applies in relation to the significant business entity, with all necessary changes, as if it were a corporatised corporation and its interim board of directors were its board of directors. (4) Division 6 applies in relation to a significant business entity that is to become an LGOC, with all necessary changes, as if it were a corporatised corporation and its interim board of directors were its board of directors. (5) Division 6 applies in relation to a significant business entity that is to become a subsidiary, with all necessary changes and the change in subsection (6), as if it were a corporatised corporation and its interim board of directors were its board of directors. (6) For a significant business entity that is to become a subsidiary, section 751 is changed as follows— 751 Appointment of chief executive officer for significant business entity that is to become a subsidiary (1) A chief executive officer for a significant business entity that is to become a subsidiary is to be appointed by the entity’s interim board of directors. (2) However, before the interim board of directors makes the appointment, it must consult with the interim board of directors of its parent corporation.

s 624 385 Local Government Act 1993 s 625 (3) In this section— parent corporation of a significant business entity that is to become a subsidiary means the significant business entity that is to become the LGOC of which the candidate subsidiary is a subsidiary. Subdivision 10 Corporatisation facilitative mechanisms—general 624 Assistance to significant business entities A significant business entity, that is not a corporatised corporation, may arrange with the chief executive officer of the local government for the services of employees of the local government to be made available to it. 625 Share capital and issue of shares (1) The local government may, by resolution, provide that, on a stated day before a significant business entity becomes a corporatised corporation, the significant business entity is taken to have a share capital of a stated amount. (2) The resolution takes effect on publication in the gazette of notice of the making of the resolution or on a later day stated in the resolution and the notice. (3) Before becoming a corporatised corporation, the entity must apply the part of its capital that the local government directs in paying up, in full, shares in itself. (4) As soon as practicable after complying with subsection (3), the entity must issue the shares paid up under the subsection. (5) If an entity does not have an interim board of directors, the local government may apply the part of the capital and issue the shares on the entity’s behalf. (6) Division 3, subdivision 3 applies to the entity as if it were a corporatised corporation. (7) The local government may, by written notice to the entity, give directions about the issue, holding and transfer of shares paid up under subsection (3). (8) The entity must ensure the directions are complied with.

s 626 386 Local Government Act 1993 s 627 626 Variation of share capital (1) This section applies to a significant business entity that is not a corporatised corporation. (2) A local government may, by resolution, vary the share capital of the significant business entity. (3) Without limiting subsection (2), a resolution may provide for— (a) the issue of further shares in the significant business entity; or (b) the cancellation of issued shares in the significant business entity; or (c) the consolidation or division of issued shares in the significant business entity. (4) A resolution under this section takes effect on publication in the gazette of notice of the making of the resolution or on a later day stated in the resolution and the notice. 627 Division does not affect existing legal relationships (1) This division has effect despite anything in any instrument. (2) Nothing done under this division in relation to a significant business entity— (a) places the entity or the local government in breach of contract or confidence or otherwise makes the entity or the local government liable for a civil wrong; or (b) makes the entity or the local government in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability or the disclosure of any information; or (c) is taken to fulfil a condition— (i) allowing a person to terminate an instrument or obligation or modify the operation or effect of an instrument or obligation; or (ii) requiring any money to be paid before its stated maturity; or

s 628 387 Local Government Act 1993 s 629 (d) releases a surety or other obligee (in whole or part) from an obligation. (3) If, apart from this subsection, the advice or consent of a person would be necessary under an instrument in order to give effect to this part, the advice is taken to have been obtained or the consent is taken to have been given. 628 Local government may deal with other matters (1) A local government may, by resolution, make provision about any matter for which it is necessary or convenient to make provision to facilitate the corporatisation of a significant business entity. (2) Also, a resolution under subsection (1) may change the name of a significant business entity. (3) A resolution under subsection (2) does not affect the legal personality of the entity whose name is changed. (4) Unless a contrary intention appears, a reference in an Act or document to the entity by its former name is taken to be a reference to the entity by its new name. (5) A resolution under this section takes effect on publication in the gazette of notice of the making of the resolution or on a later day stated in the resolution and the notice. Subdivision 11 Acting chief executive officer of significant business entity on corporatisation 629 Appointment of acting chief executive officer for significant business entity on corporatisation (1) Before a significant business entity becomes a corporatised corporation, the entity’s local government may, on the recommendation of the establishment committee, appoint an acting chief executive officer for the entity. (2) An appointment under this section takes effect on the day the entity becomes a corporatised corporation.

s 630 388 Local Government Act 1993 s 631 (3) This section does not apply if there is an interim board for the entity. Division 3 Local government owned corporations and subsidiaries Subdivision 1 Declaration of LGOCs and subsidiaries 630 Declaration of entity as LGOC (1) If a local government is satisfied the transitional part of the corporatisation charter of its candidate LGOC has been sufficiently implemented or the candidate’s business would, apart from a resolution under section 617, be otherwise ready to become the business of an LGOC, the local government may resolve that a significant business entity that is not a corporatised corporation become an LGOC. (2) The resolution must state the functions of the LGOC. (3) A significant business entity can not become an LGOC unless it complies with, or on becoming an LGOC will comply with, section 631. (4) The significant business entity becomes an LGOC in accordance with the resolution under subsection (1) with the functions stated in the resolution on publication in the gazette of notice of the making of the resolution or a later day stated in the resolution and the notice. 631 Requirements for LGOCs (1) An LGOC is not a corporation registered under the Corporations Act. (2) An LGOC must have a board of directors and have a share capital and issued shares.

s 632 389 Local Government Act 1993 s 635 632 Declaration of entity as subsidiary (1) If a local government is satisfied the candidate subsidiary’s business would, apart from a resolution under section 617, be ready to become the business of a subsidiary of an LGOC, the local government may resolve that a significant business entity that is not a corporatised corporation become a subsidiary of the LGOC. (2) The resolution must state the functions of the subsidiary. (3) A significant business entity can not become a subsidiary of an LGOC unless it complies with, or on becoming a subsidiary of an LGOC will comply with, section 633. (4) The significant business entity becomes a subsidiary of an LGOC in accordance with the resolution under subsection (1) with the functions stated in the resolution on publication in the gazette of notice of the making of the resolution or a later day stated in the resolution and the notice. 633 Requirements for subsidiaries (1) A subsidiary of an LGOC is not a corporation registered under the Corporations Act. (2) A subsidiary of an LGOC must have a board of directors and have a share capital and issued shares. 634 Declaration does not affect legal personality etc. The declaration of a significant business entity as a corporatised corporation does not, of itself, affect the legal personality of the entity or its functions and powers. Subdivision 2 Application of Corporations Act 635 Corporations Act does not apply to corporatised corporations The Corporations Act does not apply to a corporatised corporation.

s 637 390 Local Government Act 1993 s 640 Subdivision 3 Shares of corporatised corporations 637 Local governments to be shareholders of LGOCs (1) The local government that resolved the establishment of an LGOC must be the LGOC’s shareholder. (2) If the LGOC is formed on the resolution of more than 1 local government, each of the local governments must be a shareholder of the LGOC. 638 LGOC to be shareholder of LGOC’s subsidiary For a subsidiary of an LGOC, the LGOC must be the shareholder of the subsidiary. 639 If 2 or more local governments are shareholders, shares and entitlements apportioned by agreement (1) This section applies if 2 or more local governments are, or are to be, shareholders of an LGOC. (2) Each local government is to hold the number or proportion of shares in the LGOC as the local governments agree. (3) Subject to section 642, each local government is entitled to rights as a shareholder of the LGOC as agreed by resolution of the local governments. 640 Variation of shares and share capital of corporatised corporation (1) The shareholder of a corporatised corporation may vary the share capital of the corporation. (2) Without limiting subsection (1), the shareholder may provide for— (a) the issue of further shares in the corporation; or (b) the cancellation of issued shares in the corporation; or (c) the consolidation or division of issued shares in the corporation.

s 641 391 Local Government Act 1993 s 643 (3) If the shareholder is a local government, the local government may only act under this section by resolution. (4) If the shareholder is an LGOC, the LGOC may only act under this section by resolution of its board. (5) A resolution under this section takes effect on publication in the gazette of notice of the making of the resolution or on a later day stated in the resolution and the notice. 641 Transfer, issue etc. of shares (1) An LGOC’s shareholder may transfer shares in the LGOC only to— (a) another local government; or (b) if the LGOC is to become a subsidiary of another LGOC—the other LGOC. (2) An LGOC may transfer shares in its subsidiary only to— (a) another LGOC; or (b) if the subsidiary is to become an LGOC—to its local government. 642 Shareholders must act jointly (1) This section applies if an LGOC has more than 1 shareholder. (2) If this part authorises an LGOC’s shareholder to do an act, the shareholders may only do the act jointly. (3) If this part requires the shareholder to do an act, the shareholders must do the act jointly. Subdivision 4 Shareholders and councillors 643 Appointment of councillors as shareholder’s delegates (1) A local government may, by resolution, on the terms the local government decides, appoint 2 of its councillors as delegates ( shareholder’s delegates ) of the local government in its capacity as shareholder of its LGOC.

s 643 392 Local Government Act 1993 s 643 (4) When acting as delegates of a local government under this part, the shareholder’s delegates must act jointly. (5) Subject to direction by the local government by resolution, its shareholder’s delegates may, on behalf of the local government, exercise the following powers of the local government in relation to the local government’s corporatised corporations— (a) appointment (including terms of appointment) and removal of directors of the board of an LGOC or of the first board of a subsidiary of an LGOC (including chairpersons and deputy chairpersons); (b) monitoring the performance of the LGOC and its subsidiaries; (c) making requests, or giving directions about and agreeing to a corporate plan and statement of corporate intent or changes to them; (d) exempting an LGOC from including matters in its statement of corporate intent; (e) giving directions to a board of an LGOC, other than if the power is stated to be by resolution of the local government. (6) A shareholder’s delegate, in exercising a power under this section, must act to promote the principles of this part as they apply to the LGOC. (7) A power exercised by a shareholder’s delegate of a local government is taken to have been exercised by the local government. (8) A shareholder’s delegate must give the local government the reports on the performance of the LGOC requested by the local government, including information on decisions made by the LGOC, but excluding relevant commercially sensitive material given to the delegates by the LGOC. (9) A shareholder’s delegate does not incur civil liability for an act or omission done or omitted to be done honestly and without negligence under this subdivision in relation to the LGOC or its subsidiaries.

s 644 393 Local Government Act 1993 s 646 (10) A liability that would, apart from subsection (9), attach to a shareholder’s delegate attaches instead to the local government. (11) If a shareholders’ delegate lawfully makes a request or gives a direction to an LGOC under this section, the LGOC must comply with the request or direction as if the delegate were the local government. Subdivision 5 Board of directors 644 Corporatised corporation to have board of directors Each corporatised corporation must have a board of directors (the board ). 645 Role of board The role of a corporatised corporation’s board includes the following matters— (a) responsibility for the corporation’s commercial policy and management; (b) ensuring, as far as possible, the corporation achieves, and acts in accordance with, its statement of corporate intent and, for an LGOC, its corporatisation charter and carries out its objectives in its statement of corporate intent; (c) accounting to the corporation’s shareholder for its performance as required by this part and other laws applying to the corporation; (d) ensuring the corporation otherwise performs its functions in a proper, effective and efficient way. 646 Delegation by board (1) A corporatised corporation’s board may, by resolution, delegate its powers to— (a) a director; or

s 647 394 Local Government Act 1993 s 649 (b) a committee of the board; or (c) the corporation’s chief executive officer; or (d) an appropriately qualified employee of the corporation. (2) In this section— appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power. Example of standing — an employee’s classification level in the corporatised corporation 647 Additional provisions about board—div 5 Additional provisions about the board are in division 5. 648 First board of LGOC (1) For the appointment of the first board of an LGOC, the local government of the candidate LGOC must act under sections 734(1) and 735(1) before the LGOC is established under section 630. (2) The appointment takes effect when the LGOC is established. 649 First board of LGOC subsidiary (1) For the appointment of the first board of a subsidiary of an LGOC— (a) the LGOC; or (b) if the LGOC is not yet established—the local government of the candidate subsidiary; must act under sections 734(2) and 735(2) before the subsidiary is established under section 632. (2) For the local government acting under the sections, a reference in the sections to the LGOC is taken to be a reference to the local government of the candidate subsidiary. (3) An appointment under this section— (a) takes effect when the subsidiary is established; and

s 650 395 Local Government Act 1993 s 653 (b) if made by the local government—must be for not more than 3 months. Subdivision 6 Chief executive officer 650 Corporatised corporations to have chief executive officer Each corporatised corporation is to have a chief executive officer. 651 Duties of chief executive officer A corporatised corporation’s chief executive officer is, under its board, to manage the corporation. 652 Things done by chief executive officer Anything done in the name of, or for, a corporatised corporation by its chief executive officer is taken to have been done by the corporation. 653 Delegation by chief executive officer (1) A corporatised corporation’s chief executive officer may delegate the chief executive officer’s powers (including a power delegated to the chief executive officer) to an appropriately qualified employee of the corporation. (2) Subsection (1) has effect subject to any directions of the corporation’s board. (3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power. Example of standing — an employee’s classification level in the corporatised corporation

s 654 396 Local Government Act 1993 s 658 654 Additional provisions about chief executive officer—div 6 Additional provisions about a corporatised corporation’s chief executive officer are in division 6. Subdivision 7 Corporate plan—general 655 LGOC must have corporate plan Each LGOC must have a corporate plan. 656 Corporate plan to apply to subsidiaries If an LGOC has a subsidiary, the LGOC’s corporate plan must apply to the LGOC and its subsidiary. Subdivision 8 Preparation, agreement on and changes to corporate plan 657 Draft corporate plan (1) Before 1 May of each year, an LGOC’s board must prepare, and submit to its shareholder for agreement, a draft corporate plan for at least 3 years starting on 1 July of the year. (2) However, for the LGOC’s first corporate plan, the LGOC must, within 1 month after becoming an LGOC, prepare, and submit to its shareholder for agreement, a draft corporate plan to apply from its corporatisation to, at the earliest, the third 30 June after it becomes a corporatised corporation. (3) The board and the shareholder must try to reach agreement on the draft plan as soon as possible and, except if subsection (2) applies, not later than 1 month before the start of the period covered by the plan. 658 Duration of corporate plan Subject to section 661, a corporate plan of an LGOC continues in force until a new corporate plan takes effect.

s 659 397 Local Government Act 1993 s 661 659 Special procedures in relation to draft corporate plan (1) The shareholder may return the draft corporate plan to the board and ask it to— (a) consider or further consider any matter and deal with the matter in the draft plan; and (b) revise the draft plan in the light of its consideration or further consideration. (2) The board must comply with the request as a matter of urgency. (3) If a draft corporate plan has not been agreed to by the shareholder within 2 months from the day on which the LGOC becomes an LGOC, the shareholder may, by written notice, direct the board to— (a) take stated steps in relation to the draft plan; or (b) make stated changes to the draft plan. (4) If a draft corporate plan, other than the first corporate plan, for a period from 1 July in a year has not been agreed to by the shareholder by 1 June of the year, the shareholder may, by written notice, direct the board to— (a) take stated steps in relation to the draft plan; or (b) make stated changes to the draft plan. (5) The board must immediately comply with a direction under subsection (3) or (4). (6) A copy of a direction must be open to inspection. 660 Corporate plan on agreement Subject to section 658, when a draft corporate plan of an LGOC is agreed to by the shareholder, it becomes the LGOC’s corporate plan for the period of the plan. 661 Corporate plan pending agreement (1) If a draft corporate plan for an LGOC has not been agreed to by the shareholder within 1 month from the day on which it becomes an LGOC ( the time ), the last draft corporate plan

s 662 398 Local Government Act 1993 s 663 before the time is taken to be the LGOC’s corporate plan until a draft corporate plan becomes the LGOC’s corporate plan under section 660. (2) If an LGOC’s shareholder has not agreed to a draft corporate plan, other than the first corporate plan, on or before 1 July in a year (also the time ), the last draft corporate plan before the time is taken to be the LGOC’s corporate plan until a draft corporate plan becomes the LGOC’s corporate plan under section 660. (3) In this section— last draft corporate plan , before the time, means the draft corporate plan submitted, or last submitted, by the board to the shareholder (with any changes made by the board, whether before or after the time, at the direction of the shareholder). 662 Changes to corporate plan (1) An LGOC’s corporate plan may be changed by its board with the agreement of its shareholder. (2) The shareholder may, by written notice, direct the board to change the corporate plan. (3) Before giving the direction, the shareholder must consult with the board and take its views into account. (4) A copy of the direction must be open to inspection. 663 Corporate plan open to inspection (1) A copy of an LGOC’s corporate plan must be open to inspection at the local government’s public office. (2) A copy of the corporate plan may be purchased at the local government’s public office. (3) The price of a copy of the corporate plan must be no more than the cost to the local government of having a copy available for purchase, and, if the copy is posted to the purchaser, the postage cost.

s 664 399 Local Government Act 1993 s 666 664 Deletion of commercially sensitive matters from corporate plan (1) A matter in the corporate plan of an LGOC may be omitted from the copies of it to be made public if— (a) the matter is of a commercially sensitive nature to the LGOC or its subsidiary; and (b) a full statement of the matter is given— (i) if there are shareholder’s delegates 28 —to the delegates; or (ii) if there are no shareholder’s delegates—to each councillor of the LGOC’s local government. (2) For section 250(2)(a), a full statement of the matter given to shareholder’s delegates or councillors under subsection (1)(b), is information that is confidential to the local government. Subdivision 9 Statement of corporate intent—general 665 Corporatised corporations must have statements of corporate intent (1) Each corporatised corporation must have a statement of corporate intent for each financial year. (2) If the corporation becomes a corporatised corporation other than on 1 July in a year, its first statement of corporate intent must be for the period from its corporatisation to 30 June next following. 666 LGOC’s statement of corporate intent must be consistent with corporate plan An LGOC’s statement of corporate intent must be consistent with its corporate plan. 28 Section 643 (Appointment of councillors as shareholder’s delegates) provides for appointment of shareholder’s delegates.

s 667 400 Local Government Act 1993 s 668 667 Subsidiary’s statement of corporate intent to be consistent with LGOC’s corporate plan and statement of corporate intent A subsidiary’s statement of corporate intent must be consistent with its LGOC’s corporate plan and statement of corporate intent. Subdivision 10 Matters to be included in statement of corporate intent 668 Matters to be included in statement of corporate intent (1) A corporatised corporation’s statement of corporate intent must state the corporation’s financial and non-financial performance targets for its activities for the relevant financial year. (2) A corporatised corporation’s statement of corporate intent must include the following additional matters— (a) an outline of the corporation’s objectives and functions; (b) an outline of the nature and scope of the activities proposed to be carried on by the corporation in the relevant financial year, including details of any changes, since the last statement of corporate intent, to the corporation’s undertakings outside the area of its local government; (c) an outline of the corporation’s main undertakings and any intention to dispose of any of them in the relevant financial year; (d) the corporation’s capital structure and dividend policies; (e) an outline of the major infrastructure investments proposed to be carried out by the corporation in the relevant financial year; (f) an outline of the outstanding and proposed borrowings by the corporation; (g) an outline of the policies adopted by the corporation to minimise and manage any risk of investments and

s 669 401 Local Government Act 1993 s 669 borrowings that may adversely affect its financial stability; (h) an outline of the corporation’s policies and procedures relating to the acquisition and disposal of major assets; (i) the corporation’s accounting policies applying to the preparation of its accounts; (j) the type of information to be given to the shareholder, including information to be given in quarterly and annual reports; (k) an outline of the employment and industrial relations policies of the corporation; (l) for an LGOC—any proposal for the establishment of a subsidiary of the LGOC; (m) the matters set out in the LGOC’s charter transitional part that continue to be relevant to the operations of the corporatised corporation. (3) The corporatised corporation’s shareholder may exempt the corporation from including any matter, or any aspect of a matter, mentioned in subsection (2) in the statement of corporate intent if the shareholder considers the matter or aspect is not materially relevant to the corporatised corporation or its activities. (4) The statement of corporate intent must also include the matters concerning its community service obligations required under section 678. (5) Subsections (1), (2) and (4) do not limit the matters that may be included in a statement of corporate intent. Example for subsection (5) — The statement of corporate intent could include matters set out in the LGOC’s corporatisation charter. 669 Deletion of commercially sensitive matters from statement of corporate intent (1) A matter in the statement of corporate intent of a corporatised corporation may be omitted from the copies of it to be made public if—

s 670 402 Local Government Act 1993 s 670 (a) the matter is of a commercially sensitive nature to the corporatised corporation; and (b) a full statement of the matter is given— (i) if the corporatised corporation is an LGOC and there are shareholder’s delegates 29 —to the delegates; or (ii) if the corporatised corporation is an LGOC and there are no shareholder’s delegates—to each councillor of the LGOC’s local government; or (iii) if the corporatised corporation is a subsidiary and there are shareholder’s delegates of its LGOC—to the delegates; or (iv) if the corporatised corporation is a subsidiary and there are no shareholder’s delegates of its LGOC—to each councillor of the LGOC’s local government. (2) For section 250(2)(a), a full statement of the matter given to shareholder’s delegates or councillors under subsection (1)(b), is information that is confidential to the local government. Subdivision 11 Preparation, agreement on and modification of statement of corporate intent 670 Draft statement of corporate intent (1) For each financial year, a corporatised corporation’s board must prepare, and submit to its shareholder for agreement, a draft statement of corporate intent before 1 May preceding the financial year. (2) However, for a corporatised corporation’s first statement of corporate intent, the corporation must, within 1 month after becoming a corporatised corporation, prepare, and submit to 29 Section 643 (Appointment of councillors as shareholder’s delegates) provides for appointment of shareholder’s delegates.

s 671 403 Local Government Act 1993 s 672 its shareholder for agreement, a draft statement of corporate intent to apply from its becoming a corporatised corporation. (3) The board and the shareholder must try to reach agreement on the draft statement as soon as possible and, except if subsection (2) applies, not later than the start of the financial year. 671 Consultation with industrial organisations etc. In preparing a statement of corporate intent, a corporatised corporation’s board may consult with interested industrial organisations and employees. 672 Special procedures in relation to draft statement of corporate intent (1) The shareholder may return the draft statement of corporate intent to the board and ask it to— (a) consider or further consider any matter and deal with the matter in the draft statement; and (b) revise the draft statement in the light of its consideration or further consideration. (2) The board must comply with the request as a matter of urgency. (3) If a draft statement of corporate intent has not been agreed to by the shareholder within 2 months from the day on which the corporation becomes a corporatised corporation, the shareholder may, by written notice, direct the board to— (a) take stated steps in relation to the draft statement; or (b) make stated changes to the draft statement. (4) If a draft statement of corporate intent of the corporation, other than its first statement of corporate intent, for a period from 1 July in a year has not been agreed to by its shareholder by 1 July of the year, the shareholder may, by written notice, direct the board to— (a) take stated steps in relation to the draft statement; or (b) make stated changes to the draft statement.

s 673 404 Local Government Act 1993 s 675 (5) The board must immediately comply with a direction under subsection (3) or (4). (6) A copy of a direction must be open to inspection. 673 Statement of corporate intent on agreement When a draft statement of corporate intent of a corporatised corporation is agreed to by its shareholder, it becomes the corporation’s statement of corporate intent for the period of the statement. 674 Statement of corporate intent pending agreement (1) If a draft statement of corporate intent has not been agreed to by its shareholder within 2 months from the day on which the corporation becomes a corporatised corporation ( the time ), the last draft statement of corporate intent is taken to be the corporation’s statement of corporate intent until a draft statement of corporate intent becomes the corporation’s statement of corporate intent under section 673. (2) If the shareholder of a corporatised corporation has not agreed to a draft statement of corporate intent, other than the first statement of corporate intent, by 1 July in a year (also the time ), the last draft statement of corporate intent is taken to be the corporation’s statement of corporate intent until a draft statement of corporate intent becomes the corporation’s statement of corporate intent under section 673. (3) In this section— last draft statement of corporate intent , before the time, means the draft statement of corporate intent submitted, or last submitted, by the board to the shareholder (with any changes by the board, whether before or after the time, at the direction of the shareholder). 675 Changes to statement of corporate intent (1) A corporatised corporation’s statement of corporate intent may be changed by its board with the agreement of its shareholder.

s 676 405 Local Government Act 1993 s 677 (2) The shareholder may, by written notice, direct the board to change the statement of corporate intent. (3) Before giving the direction, the shareholder must consult with the board and take its views into account. (4) A copy of the direction must be open to inspection. 676 Statement of corporate intent open to inspection (1) Subject to section 669, a copy of a corporatised corporation’s statement of corporate intent must be open to inspection at the local government’s public office. (2) A copy of the statement of corporate intent may be purchased at the local government’s public office. (3) The price of a copy of the statement of corporate intent must be no more than the cost to the local government of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost. (4) The LGOC must give to the chief executive officer of the local government a copy of the current statement of corporate intent of each of its subsidiaries. Subdivision 12 Community service obligations 677 Meaning of community service obligations (1) The community service obligations of a corporatised corporation are obligations to do anything that the corporation’s board establishes to the satisfaction of the shareholder— (a) are not in the commercial interests of the corporation to do; and (b) arise because of a direction by the corporation’s local government to its LGOC; and (c) do not arise because of the application of the following key principles of corporatisation and their elements— (i) principle 3—strict accountability for performance;

s 678 406 Local Government Act 1993 s 678 (ii) principle 4—competitive neutrality. (2) This section applies to the following directions and duties— (a) directions given to the LGOC’s board under section 659 or 662; (b) a direction given to the corporatised corporation’s board under section 672, 675, 679 or 714; (c) any duty to carry out activities (including any economic development activities or activities of a regulatory or policy formulation nature) arising under an Act applying specifically to the corporatised corporation or corporatised corporations generally. 678 Community service obligations to be stated in statement of corporate intent (1) The community service obligations that a corporatised corporation is to do are to be stated in its statement of corporate intent. (2) The costings of, funding for, or other arrangements to make adjustments relating to, the corporation’s community service obligations are also to be stated in its statement of corporate intent. (3) A corporatised corporation’s statement of corporate intent is conclusive, as between the corporation and its shareholder, of— (a) the nature and extent of the community service obligations of the corporation; and (b) the ways in which, and the extent to which, the corporation is to be compensated by the shareholder for the community service obligations.

s 679 407 Local Government Act 1993 s 680 Subdivision 13 General reserve powers of shareholder 679 Reserve power of shareholder to give directions to LGOC in public interest (1) An LGOC’s shareholder may, by resolution, give the LGOC’s board a written direction in relation to the LGOC and its subsidiaries if the shareholder is satisfied, because of exceptional circumstances, it is necessary to give the direction in the public interest. (2) The board must ensure the direction is complied with by the LGOC. (3) If the direction concerns the LGOC’s subsidiary, the LGOC board must, to the extent the direction concerns the subsidiary— (a) notify the subsidiary of the direction; and (b) ensure the direction is complied with by the subsidiary. (4) The subsidiary’s board must ensure that a direction of which it has been notified is complied with in relation to the subsidiary to the extent that the direction concerns the subsidiary. (5) Before giving the direction, the shareholder must— (a) consult with the LGOC; and (b) ask the board to advise it whether, in its opinion, complying with the direction would not be in the commercial interests of the LGOC or any of its subsidiaries. (6) A copy of the direction must be open to inspection. Subdivision 14 Suspected insolvency from directions 680 Notice of suspected insolvency because of direction (1) This section applies if—

s 680 408 Local Government Act 1993 s 680 (a) a corporatised corporation’s board is given a direction by its shareholder; and (b) the board suspects the corporation, or, for an LGOC, its subsidiary, will or may become insolvent; and (c) in the board’s opinion, the cause or a substantial cause of the suspected insolvency would be compliance with the direction. (2) The board must immediately give written notice to the shareholder, the auditor-general and, if the corporation is a subsidiary, its local government of— (a) the suspicion; and (b) its reasons for the opinion. (3) The notice must state that it is given under this section. (4) The giving of the notice operates to suspend the direction until— (a) the shareholder advises the board, in writing, that the shareholder is not satisfied— (i) the board’s suspicion mentioned in subsection (1)(b) is well-founded; or (ii) the board’s opinion mentioned in subsection (1)(c) is justified; or (b) the direction is revoked. (5) If the shareholder is satisfied the board’s suspicion is well-founded, the shareholder must immediately— (a) if also satisfied the board’s opinion is justified—revoke the direction; and (b) in any case—give the board the written directions the shareholder considers necessary or desirable, including any directions necessary or desirable to ensure— (i) the corporation or, for an LGOC, its subsidiary does not incur further debts; or (ii) the LGOC or its subsidiary will be able to pay all its debts as and when they become due.

s 681 409 Local Government Act 1993 s 681 (6) Without limiting subsection (5), a direction under this section may require an LGOC or any of its subsidiaries to stop or limit particular activities. (7) If the shareholder is a local government, a direction under subsection (5) must be by resolution of the local government. (8) The board of the corporatised corporation must ensure a direction under this section is complied with by the corporation. (9) If the direction to an LGOC’s board concerns the LGOC’s subsidiary, the LGOC board must, to the extent the direction concerns the subsidiary— (a) notify the subsidiary of the direction; and (b) ensure the direction is complied with by the subsidiary. (10) The subsidiary’s board must ensure that a direction of which it has been notified is complied with in relation to the subsidiary to the extent that the direction concerns the subsidiary. (11) A copy of the direction by a local government must be open to inspection. (12) This section is in addition to, and does not limit, another provision of this part or another law. (13) The shareholder must give the auditor-general a copy of every advice or direction given under this section to the board. Subdivision 15 Limitation on local government directions 681 Corporatised corporation and board not otherwise subject to local government direction Except as otherwise provided by this or another Act, a corporatised corporation and its board are not subject to direction by or on behalf of its local government under this part.

s 682 410 Local Government Act 1993 s 683 Subdivision 16 Reports and other accountability matters 682 Application of Financial Accountability Act 2009 (1) The provisions of the Financial Accountability Act 2009 that apply to local governments ( the provisions ) apply to a corporatised corporation with any necessary changes. (2) For the purposes of the provisions, a corporatised corporation is a controlled entity. (3) The provisions apply to a corporatised corporation as if a reference in the Act to the appropriate Minister were a reference to the local government. 683 Quarterly reports (1) A corporatised corporation’s board must give to its shareholder a report on the corporation’s operations including, for an LGOC, its subsidiaries for each of the first 3 quarters of a financial year. (2) A quarterly report must be given to— (a) for an LGOC if there are shareholder’s delegates—the shareholder’s delegates; and (b) for corporatised corporations to which paragraph (a) does not apply—the shareholder. (3) A quarterly report must be given— (a) within 1 month after the end of the quarter; or (b) if another period after the end of the quarter is agreed between the board and the shareholder—within the agreed period. (4) A quarterly report must include the information required to be given in the report by the corporation’s statement of corporate intent. (5) For section 250(2)(a), a quarterly report of an LGOC is information that is confidential to the LGOC’s local government.

s 684 411 Local Government Act 1993 s 684 684 Annual reports (1) A corporatised corporation’s board must give to its shareholder an annual report on the corporation’s operations including, for an LGOC, its subsidiaries for each financial year. (2) The annual report must be given to the shareholder— (a) within 4 months after the end of the financial year; or (b) if another period after the end of the financial year is agreed between the board and the shareholder—within the agreed period. (3) The annual report 30 must— (a) contain the information that is required to be included in the report by its shareholder to enable an informed assessment to be made of the corporation’s operations, including for an LGOC, the operations of its subsidiaries, and including a comparison of the performance of the corporation with its statement of corporate intent; and (b) state the corporation’s dividend policy for the financial year to which the report relates; and (c) include the statement of corporate intent for the relevant financial year; and (d) include particulars of any changes made to the statement of corporate intent during the relevant financial year; and 30 Under section 686 (Omission of certain matters from annual report etc.) certain material may be deleted from the report.

s 685 412 Local Government Act 1993 s 685 (e) include particulars of any directions given to the board by the shareholder relating to the relevant financial year; 31 and (f) include particulars of the impact on the financial position, profits and losses and prospects of the corporation, including, for an LGOC, its subsidiaries, of any changes to the statement of corporate intent and of any directions given to the board by the shareholder, relating to the relevant financial year. (4) The annual report must also state whether or not, in the directors’ opinion, there are, when the statement is made, reasonable grounds to believe the corporation will be able to pay its debts as and when they fall due. (5) This section does not limit the matters required to be included in, or to accompany, a corporation’s annual report under another Act or law. 685 Annual report open to inspection (1) A copy of an LGOC’s annual report must be open to inspection at the local government’s public office. (2) A copy of the report may be purchased at the local government’s public office. (3) The price of a copy of the report must be no more than the cost to the local government of having a copy available for 31 An LGOC’s shareholder may give directions to the board of an LGOC under— • section 659 (Special procedures in relation to draft corporate plan) • section 662 (Changes to corporate plan) • section 672 (Special procedures in relation to draft statement of corporate intent) • section 675 (Changes to statement of corporate intent) • section 679 (Reserve power of shareholder to give directions to LGOC in public interest) • section 680 (Notice of suspected insolvency because of direction) • section 699 (Notice of suspected insolvency otherwise than because of direction) • section 711 (Payment of dividends) • section 712 (Interim dividends) • section 714 (Reserve power of shareholder to direct that asset not be disposed of).

s 686 413 Local Government Act 1993 s 687 purchase, and, if the copy is posted to the purchaser, the postage cost. 686 Omission of certain matters from annual report etc. (1) A matter required to be included in the annual report of an LGOC for a financial year may be omitted from the copies of the annual report (and accompanying documents) to be made public if— (a) the matter is of a commercially sensitive nature to the LGOC or its subsidiary; and (b) a full statement of the matter is given— (i) if there are shareholder’s delegates 32 —to the delegates; or (ii) if there are no shareholder’s delegates—to each councillor of the LGOC’s local government. (2) For section 250(2)(a), a full statement of the matter given to shareholder’s delegates or councillors under subsection (1)(b), is information that is confidential to the LGOC’s local government. (3) An annual report of an LGOC may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if— (a) the summary indicates it is a summary only; and (b) a full statement of the matter is given to the local government when the annual report is given to the shareholder. (4) Subsections (1) to (3) have effect despite section 684 or another Act or law. (5) Subsection (1) has effect despite subsection (3). 687 LGOC board to keep shareholder informed (1) An LGOC’s board must— 32 Section 643 (Appointment of councillors as shareholder’s delegates) provides for appointment of shareholder’s delegates.

s 687 414 Local Government Act 1993 s 687 (a) keep its shareholder reasonably informed of the operations, financial performance and financial position of the LGOC and its subsidiaries, including the assets and liabilities, profits and losses and prospects of the LGOC and its subsidiaries; and (b) give to the shareholder reports and information that the shareholder requires to enable the shareholder to— (i) make informed assessments of matters mentioned in paragraph (a); or (ii) comply with reporting requirements on the shareholder under an Act; and (c) if matters arise that, in the board’s opinion, may prevent or significantly affect achievement of the LGOC’s objectives or targets in its statement of corporate intent—immediately inform the shareholder of the matters and its opinion in relation to them. (2) However, a matter that is of a commercially sensitive nature to an LGOC or its subsidiary may be omitted from information given by the LGOC under subsection (1) if a full statement of the matter is given— (a) if there are shareholder’s delegates—to the delegates; or (b) if there are no shareholder’s delegates—to each councillor of the LGOC’s local government. (3) For section 250(2)(a), a full statement of the matter given to shareholder’s delegates or councillors under subsection (2) is information that is confidential to the LGOC’s local government. (4) Subsection (1) does not limit the matters of which the board is required to keep the shareholder informed, or limit the reports or information the board is required, or may be required, to give to the shareholder, under another Act or law. (5) If there are shareholder’s delegates for the LGOC, the reports and information under subsection (1) must be given to the shareholder’s delegates on behalf of the local government.

s 688 415 Local Government Act 1993 s 689 Subdivision 17 Duties and liabilities of directors and other officers 688 Disclosure of interests by directors (1) If a corporatised corporation’s director has a direct or indirect interest in a matter being considered, or about to be considered, by the board, the director must disclose the nature of the interest to a meeting of the board as soon as practicable after the relevant facts come to the director’s knowledge. Maximum penalty—100 penalty units. (2) The disclosure must be recorded in the board’s minutes. 689 Voting by interested director (1) A corporatised corporation’s director who has a material personal interest in a matter being considered by the board must not— (a) vote on the matter; or (b) vote on a proposed resolution (a related resolution ) under subsection (2) in relation to the matter (whether in relation to the director or another director); or (c) be present while the matter, or a related resolution, is being considered by the board; or (d) otherwise take part in any decision of the board in relation to the matter or a related resolution. Maximum penalty—100 penalty units. (2) Subsection (1) does not apply to the matter if the board has, at any time, passed a resolution that— (a) states the director, the interest and the matter; and (b) states that the directors voting for the resolution are satisfied the interest should not disqualify the director from considering or voting on the matter. (3) A quorum is present during a consideration of a matter by the board only if at least 2 directors are present who are entitled to

s 690 416 Local Government Act 1993 s 690 vote on any motion that may be moved in relation to the matter. (4) The corporation’s shareholder or the shareholder’s delegate may, by signing consent to a proposed resolution, deal with a matter if the board can not deal with it because of subsection (3). 690 Duty and liability of certain officers of corporatised corporation (1) An officer of a corporatised corporation must act honestly in the exercise of powers, and discharge of functions, as an officer of the corporatised corporation. Maximum penalty— (a) if the contravention is committed with intent to deceive or defraud the corporatised corporation, creditors of the corporation or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or (b) in any other case—100 penalty units. (2) In the exercise of powers and the discharge of functions, an officer of a corporatised corporation must exercise the degree of care and diligence that a reasonable person in a like position in a corporatised corporation would exercise in the corporation’s circumstances. Maximum penalty—100 penalty units. (3) An officer of a corporatised corporation, or a person who has been an officer of a corporatised corporation, must not make improper use of information acquired as an officer of the corporatised corporation— (a) to gain, directly or indirectly, an advantage for himself or herself or for another person; or (b) to cause detriment to the corporation. Maximum penalty—500 penalty units or 5 years imprisonment.

s 690 417 Local Government Act 1993 s 690 (4) An officer of a corporatised corporation must not make improper use of the officer’s position as an officer of the corporatised corporation— (a) to gain, directly or indirectly, an advantage for himself or herself or for another person; or (b) to cause detriment to the corporation. Maximum penalty—500 penalty units or 5 years imprisonment. (5) If a person contravenes this section in relation to a corporatised corporation, the corporation may recover from the person as a debt due to the corporation— (a) if anyone made a profit because of the contravention—an amount equal to the profit; and (b) if the corporation suffered loss or damage because of the contravention—an amount equal to the loss or damage. (6) An amount may be recovered from the person under subsection (5) whether or not the person has been convicted of an offence in relation to the contravention. (7) Subsection (5) is in addition to, and does not limit, the Criminal Proceeds Confiscation Act 2002 . (8) In determining for the purposes of subsection (2) the degree of care and diligence that a reasonable person in a like position in a corporatised corporation would exercise in the circumstances of the corporatised corporation concerned, regard must be had to— (a) the fact that the person is an officer of the corporatised corporation; and (b) the application of this part to the corporation; and (c) relevant matters required or permitted to be done under this part in relation to the corporation; including, for example— (d) any relevant community service obligations of the corporation; and (e) any relevant directions or approvals given to the corporation by its shareholder.

s 691 418 Local Government Act 1993 s 691 (9) Subsection (8) does not limit the matters to which regard may be had for subsection (2). (10) This section— (a) is in addition to, and does not limit, any rule of law relating to the duty or liability of a person because of the person’s office in relation to a corporation; and (b) does not prevent civil proceedings being started for a breach of the duty or the liability. 691 Prohibition on loans to directors (1) A corporatised corporation must not, whether directly or indirectly— (a) make a loan to a director, a spouse of a director or a relative of either of them; or (b) give a guarantee or provide security in connection with a loan made to a director, a spouse of a director or a relative of either of them. (2) Subsection (1) does not apply to the entering into by the corporation of an instrument with a person mentioned in subsection (1) if the instrument is entered into on the same terms as similar instruments are entered into by the corporation with members of the public. (3) A director of a corporatised corporation who is knowingly concerned in a contravention of subsection (1) by the corporation (whether or not in relation to the director) commits an offence. Maximum penalty—100 penalty units. (4) In this section— relative means— (a) a parent or remoter lineal ancestor; or (b) a son, daughter or remoter issue; or (c) a brother or sister.

s 692 419 Local Government Act 1993 s 693 692 When corporatised corporation not to indemnify officers (1) A corporatised corporation must not— (a) indemnify a person who is or has been an officer of the corporation against a liability incurred as an officer; or (b) exempt a person who is or has been an officer of the corporation from a liability incurred as an officer. (2) An instrument is void so far as it provides for the corporation to do something that subsection (1) prohibits. (3) Subsection (1) does not prevent the corporation from indemnifying a person against a civil liability (other than a liability to the corporation or a subsidiary of the corporation) unless the liability arises out of conduct involving a lack of good faith. (4) Subsection (1) does not prevent the corporation from indemnifying a person against a liability for costs and expenses incurred by the person— (a) in defending a proceeding, whether civil or criminal, in which judgment is given in favour of the person or in which the person is acquitted; or (b) in connection with an application in relation to a proceeding in which relief is granted to the person by a court. (5) The corporation may give an indemnity mentioned in subsection (3) or (4) only with the prior approval of its shareholder. (6) In this section— indemnify includes indemnify indirectly through 1 or more interposed entities. 693 Corporatised corporation not to pay premiums for certain liabilities of officers (1) A corporatised corporation must not pay, or agree to pay, a premium in relation to a contract insuring a person who is or has been an officer of the corporation against a liability— (a) incurred by the person as an officer; and

s 694 420 Local Government Act 1993 s 694 (b) arising out of conduct involving— (i) a wilful breach of duty in relation to the corporation; or (ii) without limiting subparagraph (i), a contravention of section 690(3) or (4). (2) Subsection (1) does not apply to a liability for costs and expenses incurred by a person in defending proceedings, whether civil or criminal, and whatever their outcome. (3) An instrument is void so far as it insures a person against a liability in contravention of subsection (1). (4) In this section— pay includes pay indirectly through 1 or more interposed entities. 694 Director’s duty to prevent insolvent trading (1) If— (a) immediately before a corporatised corporation incurs a debt— (i) there are reasonable grounds to suspect that the corporation will not be able to pay all its debts as and when they become payable; or (ii) there are reasonable grounds to suspect that, if the corporation incurs the debt, it will not be able to pay all its debts as and when they become payable; and (b) the corporation is, or later becomes, unable to pay all its debts as and when they become payable; a person who is a director of the corporation, or takes part in the corporation’s management, at the time when the debt is incurred commits an offence. Maximum penalty—100 penalty units or 1 year’s imprisonment. (2) In a proceeding against a person for an offence against this section, it is a defence if it is proved—

s 695 421 Local Government Act 1993 s 696 (a) that the debt was incurred without the person’s express or implied authority or consent; or (b) that, at the time when the debt was incurred, the person did not have reasonable cause to suspect— (i) that the corporation would not be able to pay all its debts as and when they became payable; or (ii) that, if the corporation incurred that debt, it would not be able to pay all its debts as and when they became payable; or (c) that the person took all reasonable steps to prevent the corporation from incurring the debt; or (d) for a director—that the person did not take part at the time in the corporation’s management because of illness or for some other good cause. 695 Court may order compensation (1) If a person is found guilty of an offence against section 694 in relation to the incurring of a debt by a corporatised corporation, the Supreme Court or District Court may declare that the person is to be personally responsible without any limitation of liability for the payment to the corporation of the amount required to satisfy the part of the corporation’s debts that the court considers proper. (2) This section does not affect any rights of a person to indemnity, subrogation or contribution. (3) This section— (a) is in addition to, and does not limit, any rule of law about the duty or liability of a person because of the person’s office in relation to a corporation; and (b) does not prevent proceedings being instituted for a breach of the duty or the liability. 696 Examination of persons concerned with corporatised corporations (1) If it appears to the Attorney-General or a local government that there are reasonable grounds to believe—

s 696 422 Local Government Act 1993 s 696 (a) a person who has been concerned, or taken part, in a corporatised corporation’s management, administration or affairs has been, or may have been, guilty of fraud, negligence, default, breach of trust or breach of duty or other misconduct in relation to the corporation; or (b) a person may be capable of giving information in relation to a corporatised corporation’s management, administration or affairs; the Attorney-General or local government may apply to the Supreme Court or District Court for an order under this section in relation to the person. (2) If the Attorney-General makes an application under subsection (1) about a corporatised corporation, the Attorney-General must, as soon as practicable, advise the corporation’s local government. (3) A local government may only make an application under subsection (1) in relation to its corporatised corporation and must, as soon as practicable after making an application, advise the Attorney-General. (4) If the court is satisfied it is reasonable and appropriate for the person to be examined, the court may order that the person attend before the court at a time and place fixed by the court to be examined on oath on any matters relating to the corporation’s management, administration or affairs. (5) The examination of the person is to be held in public except so far as the court considers that, because of special circumstances, it is desirable to hold the examination in private. (6) The court may give directions about— (a) the matters to be inquired into at the examination; and (b) the procedures to be followed at the examination (including, if the examination is to be held in private, the persons who may be present). (7) The person must not fail, without reasonable excuse— (a) to attend as required by the order; or

s 696 423 Local Government Act 1993 s 696 (b) to continue to attend as required by the court until the completion of the examination. Maximum penalty—200 penalty units or 2 years imprisonment. (8) The person must not fail to take an oath or make an affirmation at the examination. Maximum penalty—200 penalty units or 2 years imprisonment. (9) The person must not fail to answer a question that the person is directed by the court to answer. Maximum penalty—200 penalty units or 2 years imprisonment. (10) The person may be directed by the court (whether in the order or by subsequent direction) to produce any document in the person’s possession, or under the person’s control, relevant to the matters on which the person is to be, or is being, examined. (11) The person must not, without reasonable excuse, contravene a direction under subsection (10). Maximum penalty—200 penalty units or 2 years imprisonment. (12) If the court directs the person to produce a document and the person has a lien on the document, the production of the document does not prejudice the lien. (13) The person must not knowingly make a statement at the examination that is false or misleading in a material particular. Maximum penalty—500 penalty units or 5 years imprisonment. (14) The person is not excused from answering a question put to the person at the examination on the ground that the answer might tend to incriminate the person or make the person liable to a penalty. (15) If— (a) before answering a question put to the person at the examination, the person claims that the answer might

s 697 424 Local Government Act 1993 s 697 tend to incriminate the person or make the person liable to a penalty; and (b) the answer might in fact tend to incriminate the person or make the person liable to a penalty; the answer is not admissible in evidence against the person in— (c) a criminal proceeding; or (d) a proceeding for the imposition of a penalty; other than a proceeding for an offence against this section or another proceeding in relation to the falsity of the answer. (16) The court may order the questions put to the person and the answers given by the person at the examination to be recorded in writing and may require the person to sign the record. (17) Subject to subsection (15), any written record of the examination signed by the person, or any transcript of the examination that is authenticated by the signature of the examiner, may be used in evidence in any legal proceeding against the person. (18) The person may, at the person’s own expense, employ a lawyer, and the lawyer may put to the person questions that the court considers just to enable the person to explain or qualify any answers given by the person. (19) The court may adjourn the examination from time to time. (20) The court may order the whole or any part of the costs incurred by the person be paid by— (a) if the application was made by the Attorney-General—the State; or (b) if the application was made by a local government—the local government. 697 Power to grant relief (1) This section applies to a corporatised corporation’s director, chief executive officer or employee. (2) If, in a proceeding against a person to whom this section applies for negligence, default, breach of trust or breach of

s 698 425 Local Government Act 1993 s 698 duty as a person to whom this section applies, it appears to the court that— (a) the person is or may be liable for the negligence, default or breach; but (b) the person has acted honestly and, having regard to all the circumstances of the case (including circumstances connected with the person’s appointment) the person ought fairly to be excused for the negligence, default or breach; the court may relieve the person (in whole or part) from liability on terms the court considers appropriate. (3) If a person to whom this section applies believes a claim will or might be made against the person for negligence, default, breach of trust or breach of duty as a person to whom this section applies, the person may apply to the Supreme Court or District Court for relief. (4) The court has the same power to relieve the person as it would have if a proceeding had been brought against the person in the court for the negligence, default or breach. (5) If— (a) a proceeding mentioned in subsection (2) is being tried by a judge with a jury; and (b) the judge, after hearing the evidence, is satisfied that the defendant ought under that subsection be relieved (in whole or part) from the liability sought to be enforced against the person; the judge may withdraw the case (in whole or part) from the jury and direct that judgment be entered for the defendant on the terms (as to costs or otherwise) the judge considers appropriate. 698 False or misleading information or documents (1) An officer of a corporatised corporation must not— (a) make a statement concerning the affairs of the corporation to another officer or the corporation’s

s 699 426 Local Government Act 1993 s 699 shareholder that the first officer knows is false or misleading in a material particular; or (b) omit from a statement concerning the corporation’s affairs made to another officer or the corporation’s shareholder anything without which the statement is, to the first officer’s knowledge, misleading in a material particular. (2) A complaint against a person for an offence against subsection (1)(a) or (b) is sufficient if it states that the information given was false or misleading to the person’s knowledge. (3) An officer of a corporatised corporation must not give to an officer, the corporation’s shareholder, a director, officer or employee of the shareholder, the corporation’s local government or a councillor of the corporation’s local government a document containing information that the first officer knows is false, misleading or incomplete in a material particular without— (a) indicating to the recipient that the document is false, misleading or incomplete and the respect in which the document is false, misleading or incomplete; and (b) giving the correct information to the recipient if the first officer has, or can reasonably obtain, the correct information. Maximum penalty for subsections (1) and (3)— (a) if the contravention is committed with intent to deceive or defraud the corporatised corporation, creditors of the corporation or creditors of another person or for another fraudulent purpose—500 penalty units or 5 years imprisonment; or (b) in any other case—100 penalty units. 699 Notice of suspected insolvency otherwise than because of direction (1) This section applies if—

s 699 427 Local Government Act 1993 s 699 (a) a corporatised corporation’s board suspects that the corporation or, for an LGOC, its subsidiary is, may be, will or may become insolvent; and (b) in the board’s opinion, compliance with a direction given by the shareholder is not or would not be the cause or a substantial cause of the suspected insolvency. (2) The board must immediately give written notice to the corporation’s shareholder and the auditor-general and, if the corporation is a subsidiary, to its local government of— (a) the suspicion; and (b) its reasons for the opinion. (3) The notice must state that it is given under this section. (4) If the shareholder is satisfied that the board’s suspicion is well-founded, the shareholder must immediately give the board the written directions that the shareholder considers necessary or desirable, including any directions necessary or desirable to ensure— (a) the corporation or subsidiary does not incur further debts; or (b) the corporation or subsidiary will be able to pay all its debts as and when they become due. (5) Without limiting subsection (4), a direction under this section may require the corporation or, for an LGOC, any of its subsidiaries, to cease or limit particular activities. (6) If the shareholder is a local government, a direction under subsection (4) must be by resolution of the local government. (7) The board must ensure a direction under this section is complied with by the corporation. (8) If the direction to an LGOC’s board concerns the LGOC’s subsidiary, the LGOC’s board must, to the extent the direction concerns the subsidiary— (a) notify the subsidiary of the direction; and (b) ensure the direction is complied with by the subsidiary.

s 700 428 Local Government Act 1993 s 701 (9) The subsidiary’s board must ensure that a direction of which it has been notified is complied with in relation to the subsidiary to the extent that the direction concerns the subsidiary. (10) A copy of the direction by a local government must be open to inspection. (11) This section is in addition to, and does not limit, another provision of this part or another law. (13) The shareholder must give the auditor-general a copy of every advice or direction given under this section to the board. Subdivision 18 Legal capacity and powers 700 Objects of subdivision The objects of this subdivision include— (a) abolishing any application of the doctrine of ultra vires to corporatised corporations; and (b) ensuring corporatised corporations give effect to any restrictions on their objects or powers, but without affecting the validity of their dealings with others. 701 General powers of corporatised corporations (1) A corporatised corporation has, for or in connection with the performance of its functions, all the powers of a natural person, including, for example, the power to— (a) enter into contracts; and (b) acquire, hold, dispose of and deal with property; and (c) appoint agents and attorneys; and (d) charge, and fix terms, for goods, services and information supplied by it; and (e) engage consultants; and (f) do all other things necessary or convenient to be done for, or in connection with, the performance of its functions.

s 702 429 Local Government Act 1993 s 702 (2) Without limiting subsection (1), the corporatised corporation has the powers that are conferred on it by this or another Act. (3) The corporatised corporation may exercise its powers inside and outside Queensland. (4) Without limiting subsection (3), the corporatised corporation may exercise its powers in a foreign country. (5) The fact that the doing of an act by the corporatised corporation would not be, or is not, in its best interests does not affect its power to do the act. (6) In this section— power includes legal capacity. 702 Restrictions on powers of corporatised corporations (1) Section 701 has effect in relation to a corporatised corporation subject to any restrictions on the corporation’s powers expressly imposed under this or another Act. (2) Section 701 also has effect in relation to the corporatised corporation subject to any restrictions expressly imposed by— (a) any relevant statement of corporate intent of the corporation; and (b) any relevant directions or approvals given to the corporation by the corporation’s shareholder. (3) A corporatised corporation must not— (a) exercise a power contrary to a restriction mentioned in subsection (1) or (2); or (b) do an act otherwise than in pursuance of the corporation’s objects or functions. (4) The exercise of a power or the doing of an act is not invalid merely because— (a) the power is exercised in contravention of subsection (3)(a); or (b) the act is done in contravention of subsection (3)(b).

s 703 430 Local Government Act 1993 s 703 (5) An officer of the corporatised corporation who is involved in the contravention contravenes this subsection. (6) An act of the officer is not invalid merely because, by doing the act, the officer contravenes subsection (5). (7) The corporatised corporation or officer of the corporation is not guilty of an offence merely because of the relevant contravention. (8) The fact that— (a) by exercising the powers mentioned in subsection (3)(a), or doing the act as mentioned in subsection (3)(b), the corporatised corporation contravened, or would contravene, subsection (3); or (b) by doing a particular act, an officer of the corporation contravened, or would contravene, subsection (5); may be asserted or relied on only in proceedings between the corporation and officers of the corporation. (9) In this section— restriction includes prohibition. 703 Persons having dealings with corporatised corporations etc. (1) A person having dealings with a corporatised corporation is entitled to make the assumptions mentioned in subsection (4) and, in a proceeding in relation to the dealings, any assertion by the corporation that the matters that the person is entitled to assume were not correct must be disregarded. (2) A person (the first person ) having dealings with a person (the second person ) who has acquired, or purports to have acquired, title to property from a corporatised corporation (whether directly or indirectly) is entitled to make the assumptions mentioned in subsection (4). (3) In a proceeding in relation to the dealings mentioned in subsection (2), any assertion by the corporation or the second person that the matters that the first person is entitled to assume were not correct must be disregarded.

s 703 431 Local Government Act 1993 s 703 (4) The assumptions that a person is, because of subsections (1) to (3), entitled to make are— (a) that, at all relevant times, this part has been complied with; and (b) that a person who is held out by the corporation to be an officer or agent of the corporation has been properly appointed and has authority to exercise the powers and perform the functions customarily exercised or performed by an officer or agent of the kind concerned; and (c) that an officer or agent of the corporation who has authority to issue a document on behalf of the corporation has authority to warrant that the document is genuine and that an officer or agent of the corporation who has authority to issue a certified copy of a document on behalf of the corporation has authority to warrant that the copy is a true copy; and (d) that a document has been properly sealed by the corporation if— (i) it bears what appears to be an imprint of the corporation’s seal; and (ii) the sealing of the document appears to be authenticated by a person who, because of paragraph (b), may be assumed to be a director of the corporation or the corporation’s chief executive officer; and (e) that the corporation’s directors, chief executive officer, employees and agents have properly performed their duties to the corporation. (5) However, a person is not entitled to assume a matter mentioned in subsection (4) if— (a) the person has actual knowledge the assumption would be incorrect; or (b) because of the person’s connection or relationship with the corporation, the person ought to know the assumption would be incorrect.

s 704 432 Local Government Act 1993 s 706 (6) If, because of subsection (5), a person is not entitled to make a particular assumption— (a) if the assumption is in relation to dealings with the corporation—subsection (1) does not apply to any assertion by the corporation in relation to the assumption; or (b) if the assumption is in relation to an acquisition or purported acquisition from the corporation of title to property—subsections (2) and (3) do not apply to any assertion by the corporation or another person in relation to the assumption. 704 LGOC may direct subsidiary (1) An LGOC may give written directions to a subsidiary of the LGOC— (a) to ensure the subsidiary complies with, and gives effect to the purposes of, this part; and (b) about the payment of amounts to allow the LGOC to make payments under sections 711 and 712. (2) An LGOC’s local government may, by resolution, provide for an LGOC to give directions to a subsidiary about anything else. 705 Subsidiaries must comply with directions A subsidiary must comply with a direction given to it under section 704. 706 Sections 704 and 705 not limiting Sections 704 and 705 do not, by implication, limit the powers that an LGOC otherwise has to direct a subsidiary.

s 707 433 Local Government Act 1993 s 708 Subdivision 19 Finance—taxation 707 State taxes (1) A corporatised corporation is not liable to pay State taxes in relation to any matter, instrument, transaction or thing greater than the State taxes that it would have been liable to pay in relation to the matter, instrument, transaction or thing if the corporation were a local government. Example s for subsection (1) — 1 If the local government is liable to pay payroll tax in relation to the payroll for employees, an LGOC would also be liable to pay the tax. 2 If, as a local government, duty under the Duties Act 2001 is not imposed on a transaction, the LGOC is not liable to pay that duty. (2) State tax is not payable in relation to anything done (including, for example, a transaction entered into or an instrument made, executed, lodged or given) because of, or for a purpose connected with or arising out of, division 2 or subdivision 3 of this division. (3) So far as the legislative power of the Parliament permits, the reference in subsection (2) to State tax includes a reference to tax imposed under an Act of another State. 708 Commonwealth and State tax equivalents (1) The Treasurer may issue a manual (the tax equivalents manual ) about deciding the amounts ( tax equivalents ) to be paid by a corporatised corporation to its local government as the value of benefits derived by the corporation because it is not liable to pay Commonwealth or State tax that would be payable if it were neither a corporatised corporation nor a local government. (2) Without limiting subsection (1), the tax equivalents manual may provide for— (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and

s 708A 434 Local Government Act 1993 s 709 (b) the lodging of returns and giving of information by corporatised corporations; and (c) assessing returns; and (d) the functions and powers of the tax assessor; and (e) objections and appeals against assessments and rulings. (3) The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual. (4) A corporatised corporation must, as required under the tax equivalents manual, pay tax equivalents to its local government. (5) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made. Subdivision 20 Finance—borrowings and guarantees 708A Application of Statutory Bodies Financial Arrangements Act 1982 (1) An LGOC is a statutory body for the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the powers under this Act of an LGOC are affected by the Statutory Bodies Financial Arrangements Act 1982 . 709 Guarantees by local government A local government is liable for the debts and other liabilities of its corporatised corporations only if, and to the extent that, the liability is expressly and lawfully undertaken on behalf of the local government.

s 710 435 Local Government Act 1993 s 711 710 Payment for cost of funds advantage of guarantees by local government If the State or a local government guarantees repayment by a corporatised corporation of its debt, the corporation must pay to its local government amounts equivalent to the cost of funds advantage over commercial rates of interests. Subdivision 21 Finance—dividends 711 Payment of dividends (1) Within 1 month after the end of each financial year, a corporatised corporation’s board must advise the corporation’s shareholder of the recommendation that, in the light of the information then available to the board, it is likely to make under subsection (2). (2) Within 4 months after the end of the financial year, the board must recommend to the shareholder that the corporation pay a stated dividend, or not pay a dividend, for the financial year. (3) The board must consult with the shareholder before making the recommendation. (4) Within 1 month after receiving the recommendation, the shareholder must either— (a) approve the recommendation; or (b) direct the payment of a stated dividend or a different stated dividend. (5) If the shareholder is a local government, the approval or direction must be by resolution of the local government. (6) The corporation’s dividend for a financial year must not exceed its profits, after— (a) provision has been made for any income tax or its equivalents; and (b) any unrealised capital gains from upwards revaluation of non-current assets have been excluded.

s 712 436 Local Government Act 1993 s 712 (7) The dividend must be paid within 6 months after the end of the financial year or any further period that the shareholder allows. (8) For a corporation that is corporatised other than on 1 July, its first financial year is the period from the day of its corporatisation to 30 June following, unless its local government resolves a longer period. (9) A copy of the direction must be open to inspection. 712 Interim dividends (1) A corporatised corporation’s shareholder may, at any time after 1 January in a financial year, require the corporation’s board to make a recommendation about the payment of interim amounts to the shareholder (including the times at which the amounts are to be paid) on account of the dividend that may become payable under section 711 for the financial year. (2) Within 1 month after receiving notice of the requirement, the board must make a recommendation to the shareholder. (3) The shareholder must, within 1 month after receiving the recommendation, either— (a) approve the recommendation; or (b) direct the payment, at stated times, of stated amounts, or different stated amounts, on account of the dividend that may become payable for the financial year. (4) If the shareholder is a local government, the approval and direction must be by resolution of the local government. (5) A direction under subsection (3)(b) must not direct the payment of an amount that is more than the corporatised corporation’s estimated profit for the first 6 months of the financial year, after— (a) provision has been made for any income tax or its equivalents; and (b) any unrealised capital gains from upwards revaluation of non-current assets have been excluded. (6) A copy of the direction must be open to inspection.

s 713 437 Local Government Act 1993 s 714 713 Dividend payment for financial year of becoming a corporatised corporation For applying section 711 to a corporatised corporation for the financial year when it became a corporatised corporation, a dividend, or an amount in the nature of a dividend, payable by the corporation is payable for, at the discretion of the corporation’s shareholder— (a) the entire financial year; or (b) the part of the financial year for which it was a corporatised corporation. Example — A candidate LGOC becomes the business of an LGOC on 1 January 2000. Depending on what the shareholder decides, the dividend the LGOC has to pay for the 1999–2000 financial year will relate either to the entire financial year (even though it is an LGOC for only one-half the year), or only to the period 1 January 2000 to 30 June 2000. Subdivision 22 Acquisition and disposal of assets and subsidiaries 714 Reserve power of shareholder to direct that asset not be disposed of (1) An LGOC’s shareholder may, after consultation with the LGOC’s board, give the board a written direction requiring the LGOC or a subsidiary of the LGOC not to dispose of a stated asset or class of assets. (2) The direction must be by resolution of the local government. (3) The board must ensure the direction is complied with by its subsidiaries. (4) If the direction to an LGOC’s board concerns the LGOC’s subsidiary, the LGOC’s board must, to the extent the direction concerns the subsidiary— (a) notify the subsidiary of the direction; and (b) ensure the direction is complied with by the subsidiary.

s 715 438 Local Government Act 1993 s 718 (5) The subsidiary’s board must ensure that a direction of which it has been notified is complied with in relation to the subsidiary to the extent that the direction concerns the subsidiary. (6) A copy of the direction must be open to inspection. 715 Disposal of main undertakings (1) An LGOC or a subsidiary may dispose of any of its main undertakings only with the prior approval, by resolution, of the LGOC’s local government. (2) Subject to subsection (1), if an LGOC or its subsidiary disposes of any of its main undertakings, the LGOC must, as soon as practicable, give the local government written notice of the disposal. 716 Acquiring of other subsidiaries prohibited (1) A corporatised corporation must not form, or participate in forming, a company that would become its subsidiary if the corporatised corporation were a corporation registered under the Corporations Act. (2) A corporatised corporation may only acquire shares, or participate in any other transaction, that will result in a body corporate becoming or ceasing to be its subsidiary if the body corporate is established under this part. Subdivision 23 Employees 717 Employees of corporatised corporations The chief executive officer of a corporatised corporation may, on behalf of the corporation, engage the employees the chief executive officer considers necessary to perform the corporation’s functions. 718 Terms of employment (1) The terms of employment of the employees of a corporatised corporation are as determined by the corporation.

s 719 439 Local Government Act 1993 s 720 (2) Subsection (1) has effect subject to any relevant award or industrial agreement. (3) Employees of a corporatised corporation are not employees of its local government. 719 Arrangements relating to staff (1) A corporatised corporation may arrange with the chief executive of a department, or with an authority of the State, or the chief executive officer of a local government for the services of officers or employees of the department or authority or local government to be made available to it. (2) A corporatised corporation may arrange with the appropriate authority of the Commonwealth or another State, or with an authority of the Commonwealth or another State, for the services of officers or employees of the public service of the Commonwealth or State, or of the authority, to be made available to it. (3) A corporatised corporation may arrange for the services of an employee of the corporation to be made available to— (a) the Commonwealth or another State; or (b) an authority of the Commonwealth or another State; or (c) a local government. 720 Superannuation schemes (1) A corporatised corporation may— (a) establish or amend superannuation schemes; or (b) join in establishing or amending superannuation schemes; or (c) take part in superannuation schemes. (2) However, the corporation may not establish or take part in a superannuation scheme that does not meet the requirements of the Commonwealth Superannuation Act.

s 721 440 Local Government Act 1993 s 721 721 Superannuation for officers and employees of corporatised corporation who were previously officers of a local government (1) In this section— existing scheme , for a person to whom this section applies, means the LG Super scheme or a superannuation scheme established by Brisbane City Council for council employees under the City of Brisbane Act 1924 . person to whom this section applies means a person employed by a corporatised corporation who, immediately before becoming employed, was a member of an existing scheme. (2) If a person to whom this section applies was employed by Brisbane City Council, subject to subsection (4)— (a) the person is to continue to be a member of the existing scheme and, for that purpose, is taken to be a council employee; and (b) the existing scheme continues to apply to the person and, for the purpose, the corporatised corporation is to contribute to the scheme as if it were the Brisbane City Council. (3) If a person to whom this section applies was employed by another local government, subject to subsection (4)— (a) the person is to continue to be a member of the existing scheme and, for that purpose, is taken to be an employee of a local government and an eligible member under section 1181(1); and (b) the existing scheme continues to apply to the person, and, for the purpose, the corporatised corporation is taken to be a local government employing the person for chapter 17, part 3. (4) If— (a) the corporatised corporation establishes, joins in establishing or takes part in establishing a superannuation scheme (other than an existing scheme); and

s 722 441 Local Government Act 1993 s 722 (b) a person continued to be a member of an existing scheme under subsection (2) or (3); the person may, under arrangements prescribed under a regulation, stop being a member and become a member of the scheme established or taken part in by the corporation. 722 Preservation of leave and other entitlements of certain former employees of local government (1) This section applies to a person who— (a) becomes employed by a corporatised corporation in a permanent or full-time capacity within 1 year after the corporation becomes a corporatised corporation; and (b) was an employee of a local government employed in a permanent or full-time capacity immediately before becoming employed by the corporation. (2) If, when first employed by the corporatised corporation, the person had leave entitlements that had been accrued as an employee of a local government, the person must be treated as having accrued the entitlements as an employee of the corporation. (3) If, when first employed by the corporatised corporation, the person had not accrued leave entitlements as an employee of a local government, for accruing leave entitlements of the person as an employee of the corporation, the person’s employment with the local government is taken to be employment by the corporation. (4) A person is not under this section to claim or receive benefits twice for the same entitlement. (5) If the person, as an employee of the corporatised corporation, is or becomes entitled to another entitlement based on the person’s length of service with the corporation, the person’s employment with the local government is taken to be employment by the corporation. (6) A person’s cessation of employment with a local government to become an employee of the corporatised corporation is not to be treated as a termination of the person’s employment with

s 723 442 Local Government Act 1993 s 725 the local government under a redundancy or voluntary early retirement or other similar arrangement. Subdivision 24 Other matters 723 Corporatised corporation’s seal (1) A corporatised corporation’s seal is to be kept in the custody directed by the board and may be used only as authorised by the board. (2) The attaching of the seal to a document must be witnessed by— (a) 2 or more directors; or (b) at least 1 director and the corporation’s chief executive officer; or (c) a director or the corporation’s chief executive officer and 1 or more persons authorised by the board. (3) Judicial notice must be taken of the imprint of the corporation’s seal appearing on a document. 724 Change of functions and name of corporatised corporation (1) A local government may, by resolution, change the functions or name of its corporatised corporation. (2) A resolution under this section takes effect on publication in the gazette of notice of the making of the resolution or a later day stated in the resolution and the notice. 725 Authentication of documents A document made by a corporatised corporation (other than a document that is required by law to be sealed) is sufficiently authenticated if it is signed by— (a) the chairperson of the board; or (b) the corporation’s chief executive officer; or

s 726 443 Local Government Act 1993 s 728 (c) a person authorised to sign the document by— (i) resolution of the board; or (ii) direction of the corporation’s chief executive officer. 726 Judicial notice of certain signatures Judicial notice must be taken of— (a) the official signature of a person who is or has been chairperson of the board of a corporatised corporation or a corporatised corporation’s director or chief executive officer; and (b) the fact that the person holds or has held the office concerned. 727 Crime and Misconduct Act A corporatised corporation is a unit of public administration under the Crime and Misconduct Act 2001 . 728 Application of Ombudsman Act 2001 (1) The Ombudsman Act 2001 does not apply to— (a) the making of a recommendation to the shareholder of a corporatised corporation; or (b) a decision about a corporatised corporation’s commercial policy; or (c) a corporatised corporation in relation to its commercially competitive activities. (2) An LGOC prescribed under a regulation for this subsection is not a public authority under the Ombudsman Act 2001 . (3) In this section— commercially competitive activity means activity carried on, on a commercial basis, in competition with a person, other than— (a) the Commonwealth or a State; or

s 729 444 Local Government Act 1993 s 729 (b) a State authority; or (c) a local government. Division 4 Miscellaneous 729 Monitoring and assessment of corporatised corporations (1) The shareholder of an LGOC or its shareholder’s delegate may delegate the shareholder’s powers under section 687 to an appropriately qualified person. (2) The shareholder of a corporatised corporation may ask the chief executive officer of the local government to investigate, and report on, any matter relating to the corporatised corporation. (3) For the investigation, the chief executive officer may give the corporation written directions. (4) Without limiting subsection (3), the chief executive officer may direct the corporation— (a) to give to the chief executive officer any information about the corporation and its subsidiaries the chief executive officer considers necessary or desirable in connection with the investigation; and (b) to permit persons authorised by the chief executive officer to have access to stated records and other documents about the corporation and its subsidiaries that the chief executive officer considers necessary or desirable in connection with the investigation; and (c) to take steps that the chief executive officer considers necessary or desirable for the investigation. (5) The corporation must ensure any direction given to it under this section— (a) is complied with by itself; and (b) is also complied with by its subsidiaries. (6) The chief executive officer may delegate to an appropriately qualified employee of the local government or another appropriately qualified person the chief executive officer’s

s 730 445 Local Government Act 1993 s 733 powers under this section (including powers delegated to the chief executive officer under subsection (1)). 730 Giving of documents to board If this part authorises or requires a document to be given to a board of a corporatised corporation, it may be given to the chairperson of the board. 731 Judicial notice of certain resolutions (1) This section applies to resolutions under this part that, to be effective, must be published in the gazette. (2) To avoid any doubt, it is declared that on a resolution taking effect, it has the force of law. (3) On publication in the gazette of a notice of the resolution, judicial notice must be taken of the resolution. 732 When resolutions amending certain resolutions take effect If, under this part, a resolution of a local government (the first resolution ) does not take effect until publication in the gazette of a notice of the making of the resolution, another resolution of the local government amending the first resolution also has no effect until publication in the gazette of notice of the making of the resolution or a later day stated in the resolution and the notice. 733 Local governments and certain officers not directors etc. (1) This section does not apply to a councillor or employee of a local government who is a director of an LGOC to the extent the councillor or employee acts in the capacity of director. (2) The following are not to be treated as officers of an LGOC or any subsidiary of the LGOC— (a) shareholders of the LGOC; (b) the shareholder’s delegates; (c) for a subsidiary—its LGOC;

s 734 446 Local Government Act 1993 s 735 (d) councillors of the LGOC’s local government in the performance of their duties as councillors for the local government; (e) employees of the LGOC’s local government in the performance of their duties as employees for the local government. (3) A councillor or employee of a local government does not incur civil liability for an act or omission done or omitted to be done honestly and without negligence under this part in relation to an LGOC or a subsidiary of an LGOC. (4) A liability that would, apart from subsection (3), attach to the councillor or employee attaches instead to the local government. Division 5 Additional provisions relating to board of corporatised corporations Subdivision 1 Composition of board 734 Composition of board (1) An LGOC’s board must consist of at least 5 directors appointed by its shareholder. (2) An LGOC’s subsidiary’s board must consist of at least 5 directors appointed by its LGOC. 735 Chairperson and deputy chairperson (1) The shareholder must appoint a director to be the chairperson of its LGOC’s board and may appoint another director to be the board’s deputy chairperson. (2) The LGOC must appoint a director of its subsidiary to be the chairperson of the subsidiary’s board and may appoint another director to be the board’s deputy chairperson. (3) If there is a deputy chairperson, the deputy chairperson is to act as chairperson—

s 736 447 Local Government Act 1993 s 739 (a) during a vacancy in the office of chairperson; and (b) during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. Subdivision 2 Meetings and other business of board 736 Meaning of required minimum number of directors In this part, required minimum number of directors is the number that is one-half the number of directors of which the board for the time being consists or, if that number is not a whole number, the next higher whole number. 737 Conduct of meetings and other business Subject to this part, the board may conduct its business (including its meetings) in the way it considers appropriate. 738 Times and places of meetings (1) Meetings of the board are to be held at the times and places that the board determines. (2) However, the chairperson— (a) may at any time call a meeting; and (b) if asked by at least the required minimum number of directors—must call a meeting as requested. 739 Presiding at meetings (1) The chairperson is to preside at all meetings at which the chairperson is present. (2) If the chairperson is not present at a meeting, the deputy chairperson is to preside.

s 740 448 Local Government Act 1993 s 742 (3) If both the chairperson and deputy chairperson are not present at a meeting, the director chosen by the directors present at the meeting is to preside. 740 Quorum and voting at meetings (1) At a meeting of the board— (a) the required minimum number of directors constitutes a quorum; and (b) a question is to be decided by a majority of the votes of the directors present and voting; and (c) each director present has a vote on each question arising for decision and, if the votes are equal, the director presiding also has a casting vote. (2) Subsection (1)(a) has effect subject to section 689(3). 741 Participations in meetings by telephone etc. (1) The board may permit directors to participate in a particular meeting, or all meetings, by— (a) telephone; or (b) closed circuit television; or (c) another form of communication that allows reasonably contemporaneous and continuous communication between the directors taking part in the meeting. (2) A director who participates in a meeting of the board under a permission under subsection (1) is taken to be present at the meeting. 742 Resolutions without meetings (1) If at least a majority of directors sign a document containing a statement that they are in favour of a resolution set out in the document, a resolution in those terms is taken to have been passed at a meeting of the board held on the day on which the document is signed or, if the directors do not sign it on the same day, the day on which the last of the directors constituting the majority signs the document.

s 743 449 Local Government Act 1993 s 746 (2) If a resolution is, under subsection (1), taken to have been passed at a meeting of the board, each director must immediately be advised of the matter and given a copy of the terms of the resolution. (3) For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more directors, are taken to constitute a single document. 743 Minutes The board must keep minutes of its proceedings. Subdivision 3 Provisions relating to directors 744 Appointment of directors (1) A director of a corporatised corporation is to be appointed by its shareholder for a term of not more than 5 years. (2) A person is not eligible for appointment if the person is not able to manage a corporation, within the meaning of the Corporations Act, because of section 201B of that Act. 745 LGOC director not to be chief executive officer or other employee of LGOC’s subsidiary A person must not be both a director of an LGOC and the chief executive officer or another employee of a subsidiary of the LGOC. 746 Procedure for appointment of directors (1) A shareholder of a corporatised corporation must adopt processes for selection of appropriate persons for appointment as directors of the corporation. (2) In appointing a person as a director, the shareholder must have regard to the person’s ability to make a contribution to the corporation’s commercial performance and implementation of its statement of corporate intent.

s 747 450 Local Government Act 1993 s 747 (3) The processes are to be based on the principle that the board should have the appropriate range of skills to ensure the corporation is a successful business. (4) The shareholder must— (a) identify the key attributes required; and (b) call for nominations through public advertising and canvassing of suitable individuals; and (c) evaluate nominations using independent expertise; and (d) provide for interviews of short-listed individuals by a nominated group assisted by independent experts; and (e) appoint the most suitable individuals as directors. (5) The process for selection and appointment of directors of the corporation may be carried out in conjunction with the process for appointment of members of the establishment committee for the corporation. 33 (6) A shareholder may act under this section to prepare a panel of names of persons suitably qualified for appointment as directors of the corporation. 747 Terms of appointment not provided for under divs 1–4 (1) In relation to matters not provided for under divisions 1 to 4, a director holds office on the terms of appointment determined by the shareholder. (2) Except as determined by the shareholder, a director is not entitled to receive any payment, any interest in property or other valuable consideration or benefit— (a) by way of remuneration as a director; or (b) in connection with retirement from office, or other termination of office, as a director. 33 See section 606 (Procedure for appointment of establishment committee).

s 748 451 Local Government Act 1993 s 752 748 Appointment of acting director The shareholder may appoint a person to act as a director of a board during any period, or all periods, when a director is absent from duty or, for another reason, can not perform the functions of the office. 749 Resignation (1) A director, or person appointed under section 735, may resign by signed notice given to the shareholder. (2) The chairperson or deputy chairperson may resign as chairperson or deputy chairperson and remain a director. 750 Termination of appointment as director (1) The shareholder may, at any time, terminate the appointment of all or any directors of the board for any reason or none. (2) A person ceases to be a director of an LGOC if— (a) when appointed a director, the person was a councillor or employee of the LGOC’s local government; and (b) the person ceases to be a councillor or employee. (3) A person also ceases to be a director of a corporatised corporation if the person ceases to be eligible for appointment as a director. Division 6 Additional provisions relating to chief executive officers 751 Appointment of chief executive officer A chief executive officer of a corporatised corporation is to be appointed by the corporation’s board. 752 Local government employees can not be chief executive officers of corporatised corporations A person must not be both an employee of a local government and the chief executive officer of a corporatised corporation.

s 753 452 Local Government Act 1993 s 757 753 Director may be chief executive officer (1) Nothing in this part prevents a person who is not a councillor or employee of the local government being both a director and the chief executive officer of a corporatised corporation. (2) However, a director of a corporatised corporation who is its chief executive officer must abstain from voting at meetings of the corporation’s board as a director on matters concerning the role, performance or employment conditions of the chief executive officer. 754 Appointment of acting chief executive officer The board may appoint a person to act as chief executive officer— (a) during a vacancy in the office; or (b) during any period, or all periods, when the chief executive officer is absent from duty or, for another reason, can not perform the functions of the office. 755 Terms of appointment not provided for under divs 1–4 The chief executive officer of a corporatised corporation holds office on the terms not provided for under divisions 1 to 4 as are decided by the board of the corporation. 756 Resignation The chief executive officer of a corporatised corporation may resign by signed notice given to the chairperson of the corporation’s board. 757 Termination of appointment (1) A corporatised corporation’s board may, at any time, terminate the appointment of the chief executive officer of the corporation for any reason or none. (2) The termination of the appointment of the chief executive officer under subsection (1) does not affect any rights to compensation to which the chief executive officer may be

s 758 453 Local Government Act 1993 s 760 entitled under the terms of the chief executive officer’s appointment. Chapter 9 Conduct of competitive business activities Part 1 Object and application 758 Object of ch 9 The object of this chapter is to provide for— (a) the application of competitive neutrality principles to certain roads business activities and building certification business activities of local governments; and (b) the identification of business activities of local governments to which competitive neutrality principles may apply; and (c) the application by local governments of competitive neutrality principles to those business activities. 759 Competitive neutrality principles Competitive neutrality principles include— (a) the efficiency of overall resource use is promoted by ensuring markets are not unnecessarily distorted; and (b) wherever possible and appropriate, advantages and disadvantages that arise because a business activity, roads business activity or building certification business activity is part of a local government be removed. 760 Application to Brisbane City Council This chapter applies to the Brisbane City Council.

s 761 454 Local Government Act 1993 s 761 Part 2 Definitions 761 Definitions for ch 9 In this chapter— building certification business activity , of a local government, means— (a) performing building certifying functions if the local government, in carrying on the activity, engages in competition with the private sector; and (b) the activity is prescribed under a regulation. building certifying function see the Building Act 1975 , section 8. business activity see section 762. code of competitive conduct , for a local government, means a code in force for this chapter under— (a) if the Local Government Finance Standards apply to the local government—the standards; or (b) for Brisbane City Council—a regulation under the City of Brisbane Act 1924 , section 127. roads business activity , of a local government, means— (a) the construction or maintenance of State-controlled roads for which the local government submits an offer to carry out work in response to a tender invitation other than through a sole supplier arrangement; or (b) submission of a competitive tender for construction or road maintenance works— (i) on roads of the local government which the local government has put out to competitive tender; or (ii) called for by another local government; but does not include an activity, or part of an activity, prescribed under a regulation.

s 762 455 Local Government Act 1993 s 763 762 Meaning of business activity (1) A business activity , of a local government, is— (a) trading in goods and services to clients such as off-street parking and cultural, sporting and recreational facilities and quarries if, in carrying on the activity, the local government engages in competition with the private sector; or (b) submission of a competitive tender in the local government’s own tendering process in competition with others for the provision of goods and services to itself. (2) However, the following activities of a local government are not business activities— (a) a significant business activity under chapter 8 if the local government has resolved to implement reforms under the chapter for the activity; or (b) a roads business activity; or (c) a building certification business activity; or (d) library services; or (e) an activity, or part of an activity, prescribed under a regulation. Part 3 Code of competitive conduct 763 Code must be applied to roads business activities (1) A local government must apply the code of competitive conduct in carrying on its roads business activities. (2) Subsection (1) applies— (a) for an activity mentioned in the definition roads business activity , paragraph (a)—to offers submitted on or after 1 January 1998; and

s 763A 456 Local Government Act 1993 s 766 (b) for an activity mentioned in the definition roads business activity , paragraph (b)—to tenders submitted on or after 1 July 1998. 763A Code must be applied to building certification business activities (1) A local government that, in a financial year, carries on a building certification business activity must apply the code of competitive conduct to its carrying on the activity for the following financial year. (2) A local government’s annual report must state whether or not the local government carried on a building certification business activity during the financial year. 764 When code must be applied to other business activities If, under part 4, a local government resolves the code of competitive conduct is to apply to a business activity of the local government, the local government must apply the code in carrying on the business activity. Part 4 Annual review of business activities 765 Annual review of business activities During each financial year (the relevant year ) starting with the 1997–1998 financial year, a local government must identify its activities that are business activities. 766 Local government to resolve whether to apply code of competitive conduct to business activities (1) During each financial year starting with the 1997–1998 financial year, each local government must resolve whether the code of competitive conduct should or should not be

s 767 457 Local Government Act 1993 s 768 applied to each of its business activities for the following financial year. (2) A local government may resolve under subsection (1) that the resolution is to take effect on a stated day earlier than the following financial year. (3) A local government may, at any time, resolve the code should no longer apply to a business activity. (4) A resolution under subsection (1) or (3) to not apply, or to no longer apply, the code to a business activity must include a statement of the reasons for not applying, or for no longer applying, the code to the business activity. 767 Application of code of competitive conduct to other activities Nothing in this chapter prevents a local government from applying the code of competitive conduct to another activity carried on by the local government. 768 Information to be included in annual report A local government’s annual report must contain a list of its activities that were business activities during the financial year and a statement whether the code of competitive conduct was applied to each of the activities and, if not, the reason it was not applied.

s 769 458 Local Government Act 1993 s 770 Chapter 10 Reform of certain water and sewerage services Part 1 Object and application 769 Object of ch 10 The object of this chapter is, in relation to relevant business activities that provide water and sewerage services, to achieve efficiency and sustainability in the use of water by— (a) requiring an assessment by local governments of the cost-effectiveness of introducing two-part tariffs for water services; and (b) requiring decisions by local governments whether two-part tariffs are to be applied for water services; and (c) if two-part tariffs are to be applied for water services—requiring implementation of the tariffs in accordance with the decision; and (d) requiring charges for water services to be based on consumption; and (e) requiring full cost recovery for water and sewerage services; and (f) requiring identification and disclosure of cross-subsidies and community service obligations in the provision of water and sewerage services; and (g) requiring disclosure of a class of consumers who are provided with water and sewerage services at an amount below full cost and the amount. 770 Application to Brisbane City Council This chapter applies to the Brisbane City Council.

s 772 459 Local Government Act 1993 s 772 Part 2 Interpretation 772 Definitions for ch 10 In this chapter— access component , of a two-part tariff, means the component fixed for access to water services, independently of the quantity of water supplied. consumer , of a service, means the person who is levied a utility charge for the service, whether an owner or the person at whose request the service is supplied. consumption component , of a two-part tariff, means the component based on the quantity of water supplied. corporatised corporation means a corporatised corporation under chapter 8. cost effective , for a two-part tariff for a relevant business activity, means application of the tariff is likely to result in savings in costs to the business activity for supplying water, including capital costs. new type 1 or 2 business activity means a new type 1 or 2 business activity under chapter 8. relevant business activity means— (a) a significant business activity providing water or sewerage services; or (b) an activity of a corporatised corporation providing water or sewerage services that was a significant business activity. two-part tariff means a basis for a utility charge for water services consisting of access and consumption components with the objective of achieving efficiency and sustainability in the use of water. two-part tariff report see section 773. type 1 or 2 business activity means a type 1 or 2 business activity under chapter 8.

s 772A 460 Local Government Act 1993 s 773 772A Consumption as the basis for utility charges for water services (1) For this chapter, consumption is the basis for utility charges for water services if a two-part tariff is applied. 34 (2) Subsection (1) does not limit the ways in which consumption may be the basis for utility charges for water services. Part 3 Assessment of cost effectiveness of two-part tariffs for water supply 773 Assessment of cost effectiveness of two-part tariffs to be carried out (1) A local government must ensure an assessment of the cost effectiveness of the application of a two-part tariff for a relevant business activity providing water services is carried out and a report (a two-part tariff report ) prepared. (2) A two-part tariff report must include— (a) a finding whether it is cost effective for the application of a two-part tariff for the service to an extent stated in the report; and (b) if the finding is that it is cost effective for application of a two-part tariff— (i) a recommendation for application of a two-part tariff for the service to the extent stated in the report; and (ii) if necessary, proposed strategies (including a timetable) that may be followed to apply a two-part tariff. 34 See section 783(b) (Local governments to implement charging and operational arrangements for relevant business activities).

s 774 461 Local Government Act 1993 s 776 Example to subsection (2) — A two-part tariff report could— (a) find that it is cost effective for a two-part tariff to be applied to part only of the local government’s area and, in that part, only for stated consumers; and (b) recommend a two-part tariff apply to the stated consumers in the part. 774 Local government to decide on assessment and report process Subject to compliance with this chapter, the local government must decide— (a) how the assessment is to be conducted; and (b) the matters the 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 assessment is to include a public consultation process and be carried out by the local government or by external consultants or in cooperation with other local governments carrying out similar assessments or in conjunction with public benefit assessments under chapter 8. 775 Timing for assessments and reports (1) The two-part tariff report must be completed in enough time to allow the local government to comply with sections 780, 781 and 784. (2) The report must be presented to a meeting of the local government as soon as practicable after the report is completed. 776 Fresh assessment within 3 years if recommendation on two-part tariffs not applied (1) This section applies if— (a) a two-part tariff report recommends the application of a two-part tariff to any extent for a relevant business activity; and

s 777 462 Local Government Act 1993 s 779 (b) the local government resolves that a two-part tariff not apply for the activity to the extent recommended. (2) The local government must ensure a fresh assessment is carried out and a fresh two-part tariff report prepared for the activity within 3 years after the end of the financial year in which the report was presented to the local government. (3) Section 773 applies to the assessment and report as if the activity, to the extent that a two-part tariff has, contrary to the report mentioned in subsection (1), not been applied, were the relevant business activity. 777 Regulation about assessments and reports A regulation may prescribe requirements for assessments and reports under this part including different requirements for different classes of assessments and reports. Part 4 Decision on two-part tariff reports 778 Object of pt 4 The object of this part is to require local governments to consider two-part tariff reports and decide the application or otherwise of two-part tariffs for relevant business activities that provide a water service. 779 Public access to two-part tariff reports From presentation of the two-part tariff report for a relevant business activity to a meeting of a local government until the local government decides whether to apply a two-part tariff for the activity, the report must be open to inspection.

s 780 463 Local Government Act 1993 s 781 780 Local government to resolve whether to apply two-part tariff (1) As soon as practicable, and within 3 months after presentation of a two-part tariff report for a relevant business activity to a meeting of a local government, the local government must resolve whether a two-part tariff should be applied, and the extent of the application, for the activity. (2) A resolution to apply a two-part tariff must— (a) state the extent of application; and (b) if necessary, approve strategies (including a timetable) for its application under section 785. (3) A resolution under subsection (1) inconsistent with the recommendation in the report must include a statement of the reasons for the inconsistency. (4) Subsection (2)(b) does not prevent a local government changing its strategies for the application of a two-part tariff so long as a two-part tariff is applied under the resolution under subsection (2)(a). 781 Timing for resolution The local government must make a resolution under section 780— (a) for a relevant business activity that is or was a type 1 or 2 business activity— (i) by 31 December 1998; or (ii) a day (not later than 31 March 1999) approved by the Minister; or (b) for a relevant business activity that is or was a new type 1 or 2 business activity— (i) by 31 December after the financial year for which the activity is first identified by the local government as a new type 1 or 2 business activity; or (ii) a day (not later than the following 31 March) approved by the Minister.

s 782 464 Local Government Act 1993 s 783A 782 Notice to Minister of resolution As soon as practicable after making a resolution that a two-part tariff apply or not apply for a relevant business activity, the local government must give to the Minister— (a) a copy of the two-part tariff report for the activity; and (b) a copy of the resolution. Part 5 Implementation of certain charging arrangements and reporting procedures 783 Local governments to implement charging and operational arrangements for relevant business activities A local government must ensure that, for a relevant business activity— (a) if it has resolved that a two-part tariff is to be applied for the activity—a two-part tariff is applied; and (b) consumption is the basis for utility charges for water services; and (c) full cost recovery is applied for water and sewerage services; and (d) cross-subsidies between classes of consumers and community service obligations in the provision of water and sewerage services are identified and disclosed; and (e) the classes of consumers who are provided with water and sewerage services at an amount below full cost and the amount are disclosed. 783A Implementing resolution under s 780 to apply two-part tariff A resolution under section 780 to apply a two-part tariff for a relevant business activity must be implemented by making

s 784 465 Local Government Act 1993 s 786 and levying a utility charge under chapter 14 or the City of Brisbane Act 1924 , part 3. 784 Start of work to apply two-part tariffs If a local government approves strategies for application of a two-part tariff for a relevant business activity, the local government must ensure work is started to apply a two-part tariff under a resolution made under section 780 on or before the day stated in section 781 before which the resolution must be made. 785 Timetable for implementing arrangements (1) This section applies to a local government required to act under section 783. (2) Implementation must be completed on or before— (a) for a relevant business activity that is or was a type 1 or 2 business activity—1 July 2000; or (b) for a relevant business activity that is or was a new type 1 or 2 business activity—1 July of the year that is 2 years after the end of the financial year for which the activity was identified as being a new type 1 or 2 business activity. (3) For a particular relevant business activity, the Minister may extend the time for implementation subject to the terms the Minister considers appropriate. 786 Strategies for applying s 783(b)–(e) A local government must approve and start implementing strategies for the application to its relevant business activities of the matters stated in section 783(b) to (e) by— (a) for a relevant business activity that is or was a type 1 or 2 business activity—31 December 1998; or (b) for a relevant business activity that is or was a new type 1 or 2 business activity—31 December after the financial year for which the activity is first identified by

s 787 466 Local Government Act 1993 s 788 the local government as a new type 1 or 2 business activity. Chapter 11 Complaints about competitive neutrality Part 1 Preliminary 787 Object of ch 11 The object of this chapter is to provide for— (a) the establishment by local governments of appropriate processes for dealing with complaints about the carrying on by local government business entities of activities in a way that does not comply with the competitive neutrality principles applying to the activities; and (b) decisions by local governments on recommendations by referees under the complaint processes; and (c) references to the Queensland Competition Authority about the outcomes of certain complaints; and (d) investigations and recommendations by the authority on references to it; and (e) decisions by local governments on recommendations by the authority in relation to references; and (f) accreditation by the authority of activities carried on by local government business entities applying competitive neutrality principles. 788 Application of ch 11 Subject to sections 791, 821 and 832 and part 2, division 6, this chapter applies in relation to an activity carried on by a local government business entity if it—

s 789 467 Local Government Act 1993 s 790 (a) is a corporatised corporation; 35 or (b) implements— (i) full cost pricing under chapter 8, part 5; or (ii) commercialisation under chapter 8, part 6; or (iii) the code of competitive conduct under chapter 9. 789 Application to Brisbane City Council This chapter applies to the Brisbane City Council. 790 Definitions for ch 11 In this chapter— affected person see section 792. applicant means— (a) for parts 2 and 3—an affected person who makes a complaint under a local government’s complaint process; and (b) for part 4—a local government business entity that makes application for accreditation under the part for an activity carried on by the entity. competitive advantage means an advantage that, solely because of local government ownership, is— (a) a financial advantage; or (b) a regulatory advantage; or (c) a procedural advantage; or (d) another advantage. Examples of financial advantage — 1 An advantage enjoyed by a local government business entity carrying on an activity because the entity is exempt from a local government charge applying to a person making a complaint. 35 Section 790 (Definitions for ch 11) defines corporatised corporation .

s 790 468 Local Government Act 1993 s 790 2 An advantage enjoyed by a local government business entity carrying on an activity because the entity is charged a different local government charge from the local government charge applying to a person making a complaint. Example of regulatory advantage — An advantage enjoyed by a local government business entity carrying on an activity because the entity is completely or partly exempt from an approval procedure applying to a person making a complaint. Examples of procedural advantage — 1 An advantage enjoyed by a local government business entity carrying on an activity because the entity does not have to supply the same level of information under local government approval procedures as a person making a complaint. 2 An advantage enjoyed by a local government business entity carrying on an activity because the entity is given, or has access to, more information under local government approval procedures than a person making a complaint. competitive neutrality principles means— (a) for an activity of a local government business entity to which full cost pricing under chapter 8, part 5 applies—the principles and requirements (other than reporting requirements) of full cost pricing under the part; or (b) for an activity of a commercial business unit under chapter 8, part 6—the following principles and requirements under part 6— (i) the principles and requirements of full cost pricing (other than reporting requirements); (ii) the requirements for treatment of community service obligations; (iii) the requirements for removal, or taking account, of advantages and disadvantages accruing to a commercial business unit because it is a part of the local government; or (c) for an activity of a corporatised corporation—the following principles and requirements of corporatisation under chapter 8, part 7—

s 790 469 Local Government Act 1993 s 790 (i) the requirements for treatment of community service obligations; (ii) the requirements for the removal of advantages and disadvantages accruing to the corporatised corporation as a result of local government ownership; or (d) for an activity of a local government business entity to which the code of competitive conduct under chapter 9 applies or is required to be applied—the requirements (other than reporting requirements) of the code. complaint means a complaint under a complaint process. complaint process , for an activity of a local government business entity, means the complaint process established by the local government for dealing with complaints about the failure of the entity to carry on the activity in compliance with competitive neutrality principles applying to the activity. corporatised corporation means a corporatised corporation under chapter 8, part 7. investigation notice means— (a) for part 2—a notice given under section 800; (b) for part 3—a notice given under section 800 as applied to the part by section 827; (c) for part 4—a notice given under section 835. local government business entity means— (a) a local government to the extent it carries on an activity to which this chapter applies, including a commercial business unit of a local government; or (b) a corporatised corporation. Queensland Competition Authority means the Queensland Competition Authority under the Queensland Competition Authority Act 1997 . referee means a person appointed by a local government to investigate a complaint. reference means a reference to the Queensland Competition Authority under part 3.

s 791 470 Local Government Act 1993 s 792 Part 2 Complaint process for local government business entities Division 1 Preliminary 791 Application of pt 2 This part does not apply to an activity carried on by a local government business entity to the extent that, and for so long as, there is a current accreditation for the activity by the Queensland Competition Authority granted to the entity under part 4. 792 Affected persons (1) In this part, an affected person is a person who— (a) is, or may be, adversely affected by the competitive advantage alleged by the person to be enjoyed by the local government business entity in carrying on an activity; and (b) in relation to the activity mentioned in paragraph (a)—satisfies a competition requirement. (2) For subsection (1), a person satisfies a competition requirement in relation to an activity carried on by the entity if the person— (a) competes with the local government business entity in relation to the activity; or (b) seeks to compete with the local government business entity in relation to the activity but is being hindered from doing so by the competitive advantage alleged by the person to be enjoyed by the entity.

s 793 471 Local Government Act 1993 s 794 Division 2 Complaints about competitive neutrality 793 Local government to establish complaint process (1) Each local government must establish a process for resolving complaints by affected persons about failures of its local government business entities to carry on activities in a way that complies with the competitive neutrality principles applying to the activities. (2) The process must be adopted by resolution of the local government. 36 794 Requirements for complaint process (1) The complaint process must include the following elements— (a) the process for selecting and appointing referees to investigate complaints; (b) preliminary procedures before an affected person makes a complaint— (i) for affected persons to raise concerns about alleged failures of local government business entities to comply with the competitive neutrality principles applying to the entities’ activities; and (ii) for clarifying and, if possible, resolving the concerns; (c) the way an affected person may make a complaint; (d) sending of complaints to, and their investigation by, the referee; (e) recording of all complaints and the referee’s decisions and recommendations; (f) advice to the applicant of the complaint procedure; 36 Under division 6, a local government may resolve that the Queensland Competition Authority be the referee for its complaint process for certain activities. The division contains provisions about the application of this part, and certain provisions of the Queensland Competition Authority Act 1997 , to the complaint process.

s 795 472 Local Government Act 1993 s 798 (g) giving the applicant an opportunity to give to the referee further details about the applicant’s complaint; (h) times in which the referee must give reports to the local government; (i) any other matters the local government considers appropriate. (2) Also, the process mentioned in subsection (1)(a) must require that the person appointed to be a referee to investigate a complaint must not be involved with the carrying on of the activity the subject of the complaint. (3) The fee charged by a local government for making a complaint must not be more than the maximum fee prescribed under a regulation for making a complaint. 795 Grounds for complaints The grounds for a complaint must be the failure of a local government business entity to carry on an activity in a way that complies with the competitive neutrality principles applying to the activity. 796 Effect of complaint on activities A complaint about an activity of a local government business entity does not prevent the entity from continuing to carry on the activity pending a decision by the local government on the referee’s report and recommendation on the complaint. 797 Referee to act fairly In investigating a complaint and making a report, the referee must act fairly and impartially. 798 Matters to be considered by referee on complaint (1) In investigating a complaint, the referee must have regard to the following matters— (a) the need to ensure compliance with the relevant competitive neutrality principles;

s 798 473 Local Government Act 1993 s 798 (b) the need for efficient resource allocation; (c) the need to promote competition; (d) any local government policies affecting the application of competitive neutrality principles, including— (i) any directions about the application of competitive neutrality principles given to the local government business entity by the local government; and (ii) any arrangements between the local government and the local government business entity about a competitive advantage gained or competitive disadvantage suffered by the entity because of the local government ownership of the entity; and (iii) social welfare and equity considerations including community service obligations and the availability of goods and services to consumers; and (iv) policies on economic and regional development issues, including employment and investment growth; (e) any law or local government policies relating to ecologically sustainable development; (f) any law or local government policies relating to occupational health and safety or industrial relations. (2) In investigating a complaint, the referee may also have regard to the interests of consumers or any class of consumers. (3) However, in deciding whether a complaint has been substantiated, the referee must not accept that any competitive advantage enjoyed by the local government business entity solely because of local government ownership of the entity is justified because of the existence of a competitive disadvantage suffered by the entity because of the local government ownership of the entity. (4) Subsections (1) and (2) do not limit the matters the referee may have regard to in investigating a complaint.

s 799 474 Local Government Act 1993 s 799 Division 3 Investigation of complaints 799 Requirement of referee to investigate (1) The referee must investigate a complaint unless— (a) the referee reasonably believes the applicant is not, or could not be, in competition with the local government business entity carrying on the activity; or (b) the referee reasonably believes the applicant is not, or is unlikely to be, adversely affected by the failure alleged in the complaint of the local government business entity to carry on the activity in a way that complies with the competitive neutrality principles applying to the activity; or (c) the referee reasonably believes the applicant has not shown the applicant has made a genuine attempt to resolve the subject matter of the complaint through the preliminary procedure of the complaint process mentioned in section 794(1)(b); or (d) the applicant has failed, without reasonable excuse, to give relevant information asked for by the referee within the reasonable time stated by the referee; or (e) the local government business entity carrying on the activity has a current accreditation for the activity granted by the Queensland Competition Authority under part 4; or (f) the referee reasonably believes the complaint is frivolous or vexatious. (2) In forming a belief for subsection (1)(a), the referee must have regard to the following— (a) laws governing competition applicable to the activities of the local government business entity; (b) whether the applicant is supplying, or could supply, goods or services similar to the goods or services the subject of the activity carried on by the local government business entity; (c) any other matter the referee considers appropriate.

s 800 475 Local Government Act 1993 s 801 (3) If the referee decides not to investigate a complaint, the referee must, within 14 days after making the decision, give a written notice stating the decision and the reasons for the decision to— (a) the applicant; and (b) the local government. 800 Investigation notice (1) Before starting an investigation under this division, the referee must give notice of the investigation. (2) The notice must be given to— (a) the relevant local government; and (b) the applicant; and (c) if the local government business entity carrying on the activity is a corporatised corporation—the corporation; and (d) another person the referee considers appropriate. (3) The notice must— (a) state the referee’s intention to conduct the investigation; and (b) state the subject matter of the complaint or be accompanied by a copy of the complaint; and (c) invite the person to whom the notice is given to make written, or, if the referee approves, oral, submissions to the referee on the subject matter within a reasonable time stated in the notice; and (d) state the referee’s address. 801 Effect of giving an investigation notice The referee must conduct the investigation and give a report under division 4 on the results of the investigation.

s 802 476 Local Government Act 1993 s 804 802 General procedures (1) In an investigation, the referee— (a) must act with as little formality as possible; and (b) is not bound by technicalities, legal forms or rules of evidence; and (c) may be informed on any matter relevant to the investigation in any way the referee considers appropriate; and (d) must comply with natural justice. (2) For subsection (1)(c), the referee may consult with persons as the referee considers appropriate. (3) The referee may— (a) require information or submissions to be presented in writing; and (b) decide the matters on which information or submissions may be presented orally. 803 Consideration of submissions (1) In an investigation, the referee must consider all submissions that— (a) are made in response to an investigation notice; and (b) are received by the referee in the time stated in the notice. (2) Despite subsection (1), unless the referee, in an investigation notice, approved the making of oral submissions, the referee is required to consider a submission only if it is in writing. 804 Handling of documents (1) If a document is produced to the referee for an investigation, the referee may— (a) inspect the document; and (b) make copies of the document if it is relevant to the investigation.

s 805 477 Local Government Act 1993 s 805 (2) Also, the referee may take possession of the document, and keep it while it is necessary for the investigation. (3) While keeping a document, the referee must allow a person otherwise entitled to possession of it to inspect or copy the document at a reasonable time and place the referee decides. 805 Confidential information (1) This section applies if a person believes— (a) stated information made available, or to be made available, in an investigation is confidential; and (b) the disclosure of the information is likely to damage the person’s commercial activities. (2) The person may— (a) inform the referee of the person’s belief; and (b) ask the referee not to disclose the information to another person. (3) The referee must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than a person assisting the referee in carrying out the referee’s duties who receives the information in the course of carrying out the duties. (4) As soon as practicable after giving a report under division 4 on the investigation, the referee must return any document containing confidential information to the person who produced it to the referee. (5) In this section— commercial activities means activities conducted on a commercial basis.

s 806 478 Local Government Act 1993 s 807 Division 4 Reports on complaints 806 Giving of reports (1) The referee must give a report (including recommendations) on the results of the referee’s investigation of a complaint about an activity of a local government business entity to— (a) the local government; and (b) if the entity is a corporatised corporation—the corporation. (2) The referee also must give to other persons to whom an investigation notice has been given the following— (a) written notice of the giving of the report; (b) a copy of the recommendations in the report; (c) written notice that the report (including recommendations) is open to inspection at the local government’s public office. 37 807 Contents of reports (1) The referee must, in a report— (a) state whether the referee considers the complaint has been substantiated; and (b) if the referee considers the complaint has been substantiated— (i) for all complaints—include recommendations on how the local government business entity’s failure to carry on an activity in a way that complies with the competitive neutrality principles applying to the activity could be overcome; and (ii) for a complaint about a building certification business activity, include— (A) comments on how the carrying out of statutory building functions has resulted in a 37 Section 7 (Meaning of open to inspection )

s 808 479 Local Government Act 1993 s 808 competitive advantage to the local government business entity; and (B) recommendations on how the advantage provided to the entity could be overcome; and (c) if the referee considers the local government business entity suffers a competitive disadvantage because of the local government ownership of the entity— (i) include comments about the competitive disadvantage (including comments about the effect of the disadvantage on the local government business entity); and (ii) include recommendations on how the disadvantage suffered by the local government business entity could be overcome; and (d) state reasons for its recommendations. (2) In this section— building certifier see the Building Act 1975 , section 8. statutory building functions means building functions under the Building Act 1975 or Sustainable Planning Act 2009 that only a local government is able to provide and on which a building certifier relies. Example — 1 providing site or town planning information to a building certifier 2 receiving and processing documents from a building certifier 808 Reports open to inspection (1) As soon as practicable after the local government receives the report, the local government must ensure a copy of it is open to inspection. (2) For section 7, the report is a document of the local government.

s 809 480 Local Government Act 1993 s 810 809 Local government decisions on recommendations (1) The local government must decide, by resolution, whether to implement the recommendations in the report. (2) The resolution must include reasons for the decision. (3) The local government must make the resolution— (a) within 1 month after the local government receives the report from the referee on a complaint; or (b) if the local government does not meet within the month—at the first meeting of the local government after the month. (4) Within 7 days after making a decision, the local government must give written notice of the resolution to— (a) the applicant; and (b) if the local government business entity concerned is a corporatised corporation—the corporation. (5) If the decision is to implement the recommendations and the local government business entity concerned is a corporatised corporation, the corporation must implement the recommendations as soon as practicable. Division 5 General provisions about complaints process 810 Disposal of documents held by referee (1) As soon as practicable after giving a report on a complaint, the referee must give to the chief executive officer of the local government any document not returned to a person under section 805. (2) While the documents are kept by the chief executive officer, they are to be treated as the local government’s documents.

s 811 481 Local Government Act 1993 s 813 811 Protection from liability of referee or person assisting referee (1) The referee, or person assisting the referee, is not civilly liable for an act done, or omission made, honestly and without negligence under this part. (2) If subsection (1) prevents a civil liability attaching to the referee or other person, the liability attaches instead to the relevant local government. (3) The protection from liability under this section applies only to a referee, or a person assisting the referee, who is an employee of the relevant local government. 812 Protection from liability of person giving information to referee A person is not liable in any way for any loss, damage or injury suffered by another person because of the giving in good faith of information to the referee for this part. 813 Secrecy (1) A person to whom this section applies must not— (a) make a record of protected information; or (b) whether directly or indirectly, divulge or communicate to a person protected information about another person or a local government business entity. Maximum penalty—1000 penalty units or 1 year’s imprisonment. (2) However, subsection (1) does not apply if— (a) the record is made, or the information is divulged or communicated— (i) under this part; or (ii) in the performance of duties, as a person to whom this section applies, under this part; or (iii) with the consent of the person or entity to whom the protected information relates; or

s 814 482 Local Government Act 1993 s 815 (b) the protected information is otherwise publicly available. (3) In this section— person to whom this section applies means a person who is, or has been, a referee or a person assisting a referee. protected information means information that— (a) is about a person or local government business entity; and (b) is disclosed to, or obtained by, a person to whom this section applies in the course of, or because of, the person’s duties under this part. 814 Draft reports In preparing a report under this Act, the referee may give a draft of the report to the persons the referee considers appropriate. Division 6 Provisions for Queensland Competition Authority as referee 815 Local government may resolve Queensland Competition Authority to be referee (1) A local government may resolve the Queensland Competition Authority is the referee for its complaint process for— (a) a significant business activity, under chapter 8, carried on by a local government business entity; or (b) a roads business activity or building certification business activity under chapter 9. (2) As soon as practicable after making the resolution, the local government must give written notice of the resolution to the authority. (3) If the local government becomes aware a person proposes to make a complaint about the activity, the local government must—

s 816 483 Local Government Act 1993 s 818 (a) tell the person the complaint must be made to the authority; and (b) give the person information to enable the person to make the complaint. 816 Application of complaints process Section 794(1)(a), (c), (d), (f), (g), (h), and (i), (2) and (3) does not apply to the complaint process for the activity. 817 Making a complaint A complaint must— (a) be made in writing to the Queensland Competition Authority; and (b) contain details of the alleged noncompliance by the local government business entity to carry on the activity in a way that complies with the competitive neutrality principles applying to the activity; and (c) include sufficient details to show— (i) how the applicant is, or may be, adversely affected by the alleged noncompliance; and (ii) the applicant is, or could be, in competition with the local government business entity carrying on the activity; and (iii) the applicant has made a genuine attempt to resolve the subject matter of the complaint through the preliminary procedure of the complaint process mentioned in section 794(1)(b). 818 Further information to support complaint (1) The Queensland Competition Authority may, by written notice given to an applicant, require the applicant to give the authority further information about the complaint within the reasonable time stated in the notice.

s 819 484 Local Government Act 1993 s 819 (2) A notice under subsection (1) must relate to information that is necessary and reasonable to help the authority decide whether or not to investigate the complaint. 819 Application of part and Queensland Competition Authority Act 1997 (1) Sections 802, 803, 804, 805, 810, 811, 812, 813 and 814 do not apply to a complaint made in relation to the activity. 38 (2) Also, the following provisions of the Queensland Competition Authority Act 1997 (the provisions ) apply, with all necessary changes and the changes prescribed in subsection (3), to a complaint made in relation to the activity— • part 6 • part 9 • section 236 • section 237 • section 238 • section 239 • section 240 • section 241 • section 243. (3) Unless a contrary intention appears, the provisions apply as if a reference in the provisions to— (a) a complaint were a reference to a complaint under this part; and (b) the complainant were a reference to the affected person who made the complaint under this part; and (c) a government agency were a reference to the local government business entity mentioned in the complaint; and 38 Under section 816, certain provisions in section 794 do not apply if the Queensland Competition Authority is a referee.

s 820 485 Local Government Act 1993 s 821 (d) an investigation were a reference to an investigation under this part; and (e) the responsible Minister, or the Ministers, were a reference to the relevant local government. 820 Local government decisions on recommendations Within 7 days after making a resolution under section 809, 39 the local government must give written notice to the Queensland Competition Authority of the resolution. Part 3 References to Queensland Competition Authority Division 1 Application of part 821 Application of pt 3 (1) This part applies to— (a) a significant business activity, under chapter 8, carried on by a local government business entity; and (b) a roads business activity or building certification business activity under chapter 9. (2) However, this part does not apply to— (a) a local government business entity applying the code of competitive conduct to a business activity under chapter 9; or (b) an activity carried on by a local government business entity for which there is a current accreditation by the Queensland Competition Authority under part 4; or 39 Under section 809 the local government is required to give written notice of the resolution to the applicant and, if the local government business entity concerned is a corporatised corporation, the corporation.

s 822 486 Local Government Act 1993 s 823 (c) an activity carried on by a local government business entity if the authority is the referee for a complaint for the activity. Division 2 Institution of reference 822 Reference of outcome of complaint to Queensland Competition Authority (1) An applicant may, under this part, refer to the Queensland Competition Authority— (a) a referee’s decision not to investigate a complaint by the applicant; or (b) a local government’s decision on a recommendation by a referee in a report on a complaint by the applicant. (2) The reference must be on 1 or more of the following grounds— (a) the complaint process for an activity of the local government business entity is not appropriate; (b) the referee’s decision not to investigate a complaint is not in accordance with the relevant facts; (c) the referee’s recommendation— (i) is not in accordance with the relevant facts or the competitive neutrality principles; or (ii) is deficient because the local government business entity did not give the referee relevant information about an activity requested by the referee; (d) the decision of the local government on the referee’s recommendation is not in accordance with the competitive neutrality principles. 823 Making a reference (1) A reference must— (a) be in writing; and (b) contain details of the complaint; and

s 824 487 Local Government Act 1993 s 825 (c) if the reference alleges the complaint process for an activity of the local government business entity is inappropriate—the reasons why the process is inappropriate. (2) Also, a reference must include sufficient details to show— (a) how the applicant is, or may be, adversely affected by— (i) the alleged failure to comply with the competitive neutrality principles; or (ii) the alleged inappropriateness of the process; and (b) the applicant and local government business entity are, or could be, in competition. 824 Request for referee’s documents (1) This section applies if the Queensland Competition Authority, by written notice given to the chief executive officer of a local government, asks for the documents received by the chief executive officer from the referee under section 810 concerning the complaint referred to the authority. (2) As soon as practicable after receiving the request, the chief executive officer must give the documents held under the section to the authority. 825 Further information to support reference (1) The Queensland Competition Authority may, by written notice given to an applicant, require the applicant to give the authority further information about the reference within the reasonable time stated in the notice. (2) A notice under subsection (1) must relate to information that is necessary and reasonable to help the authority decide whether or not to deal with the reference.

s 826 488 Local Government Act 1993 s 827 826 Matters to be considered by Queensland Competition Authority in considering reference (1) In considering a reference on a ground mentioned in section 822(2)(b), (c) or (d), the Queensland Competition Authority— (a) must have regard to the matters stated in section 798(1) and (3); and (b) may have regard to the interests of consumers or any class of consumers. (2) Subsection (1) does not limit the matters the authority may have regard to in considering a reference. 827 Procedures for dealing with references (1) Sections 796, 797, 799, 800 and 801 apply, with all necessary changes, to the Queensland Competition Authority considering a reference as if a reference in the sections to— (a) a complaint were a reference to a reference under this part; and (b) the referee were a reference to the Queensland Competition Authority. (2) Also, the following provisions of the Queensland Competition Authority Act 1997 (the provisions ) apply, with all necessary changes and the changes prescribed in subsection (3), to the consideration of a reference by the authority— • part 6 • part 9 • section 236 • section 237 • section 238 • section 239 • section 240 • section 241 • section 243.

s 828 489 Local Government Act 1993 s 828 (3) Unless a contrary intention appears, the provisions apply as if a reference in the provisions to— (a) a complaint were a reference to the reference; and (b) the complainant were a reference to the applicant who made the reference; and (c) a government agency were a reference to the local government business entity mentioned in the reference; and (d) an investigation were a reference to an investigation under this part; and (e) the responsible Minister, or the Ministers, were a reference to the relevant local government. Division 3 Reports of Queensland Competition Authority about references 828 Giving of reports (1) If the Queensland Competition Authority gives an investigation notice to anyone, it must give a report on its consideration of a reference about an activity of a local government business entity to— (a) the local government; and (b) if the entity is a corporatised corporation—the corporation. (2) The authority also must give to other persons to whom the authority has given an investigation notice the following— (a) written notice of the giving of the report; (b) a copy of the recommendations in the report; (c) written notice that the report (including recommendations) is open to inspection at the local government’s public office.

s 829 490 Local Government Act 1993 s 831 829 Contents of reports The Queensland Competition Authority must, in a report— (a) if the reference alleges the complaint process for an activity of the local government business entity is not appropriate—comment on the appropriateness of the process; and (b) state whether it considers any relevant allegation has been substantiated; and (c) if the authority considers the reference has been substantiated—include its recommendations on how the local government business entity’s failure to carry on an activity in a way that complies with the competitive neutrality principles applying to the activities could be overcome; and (d) if the authority considers the local government business entity suffers a competitive disadvantage because of the local government ownership of the entity— (i) include comments about the competitive disadvantage (including comments about the effect of the disadvantage on the local government business entity); and (ii) include recommendations on how the disadvantage suffered by the local government business entity could be overcome; and (e) state its reasons for its recommendations. 830 Reports open to inspection (1) As soon as practicable after the local government receives the report, the local government must ensure a copy of it is open to inspection. (2) For section 7, the report is a document of the local government. 831 Local government decisions about reports (1) The local government must decide, by resolution, whether to implement the recommendations in the report.

s 832 491 Local Government Act 1993 s 833 (2) The resolution must include reasons for the decision. (3) The local government must make the resolution— (a) within 1 month after the local government receives the report from the Queensland Competition Authority on a reference; and (b) if the local government does not meet within the month—at the first meeting of the local government after the month. (4) Within 7 days after making a decision, the local government must give written notice of the resolution to— (a) the applicant; and (b) if the local government business entity concerned is a corporatised corporation—the corporation; and (c) the Queensland Competition Authority. (5) If the decision is to implement the recommendations and the local government business entity concerned is a corporatised corporation, the corporation must implement the recommendations as soon as practicable. Part 4 Accreditation 832 Application of pt 4 This part applies to— (a) a significant business activity, under chapter 8, carried on by a local government business entity; and (b) a business activity, roads business activity or building certification business activity under chapter 9. 833 Purpose of accreditation The purpose of accreditation under this part is to remove doubt for a local government business entity carrying on an

s 834 492 Local Government Act 1993 s 836 activity about whether it carries on the activity in accordance with the relevant principles of competitive neutrality. 834 Application for accreditation (1) A local government business entity carrying on an activity may apply to the Queensland Competition Authority for an accreditation of the activity for the entity. (2) An application must be made in the form approved by the authority. (3) The authority may investigate an application to decide whether to accredit the applicant. 835 Investigation notice (1) Before starting an investigation under this part, the Queensland Competition Authority must give reasonable notice of the investigation to— (a) the applicant; and (b) if the applicant is a corporatised corporation—the local government: and (c) any other person the authority considers appropriate. (2) The notice must— (a) state the authority’s intention to conduct the investigation; and (b) invite the person to whom the notice is given to make written, or, if the authority approves, oral, submissions to the authority within a reasonable time stated in the notice; and (c) state the authority’s address. 836 Matters to be considered by authority for investigation (1) In conducting an investigation under this part, the Queensland Competition Authority must have regard to the following matters—

s 836 493 Local Government Act 1993 s 836 (a) the need to ensure compliance with the relevant competitive neutrality principles; (b) the need for efficient resource allocation; (c) the need to promote competition; (d) any local government policies affecting the application of competitive neutrality principles, including— (i) any directions about the application of competitive neutrality principles given to the local government business entity by the local government; and (ii) any arrangements between the local government and the local government business entity about a competitive advantage gained or competitive disadvantage suffered by the entity because of the local government ownership of the entity; and (iii) social welfare and equity considerations including community service obligations and the availability of goods and services to consumers; and (iv) policies on economic and regional development issues, including employment and investment growth; (e) any law or local government policies relating to ecologically sustainable development; (f) any law or local government policies relating to occupational health and safety or industrial relations. (2) In conducting an investigation, the authority may also have regard to the interests of consumers or any class of consumers. (3) However, in deciding whether an activity carried on by the local government business entity be accredited, the authority must not accept that any competitive advantage enjoyed by the entity solely because of local government ownership of the entity is justified because of the existence of a competitive disadvantage suffered by the entity because of the local government ownership of the entity. (4) Subsections (1) and (2) do not limit the matters the authority may have regard to in conducting an investigation.

s 837 494 Local Government Act 1993 s 838 837 Procedures for investigations (1) The following provisions of the Queensland Competition Authority Act 1997 (the provisions ) apply, with all necessary changes and the changes prescribed in subsection (2), to an investigation under this part— • part 6 • part 9 • section 236 • section 237 • section 238 • section 239 • section 240 • section 241 • section 243. (2) Unless a contrary intention appears, the provisions apply as if a reference in the provisions to— (a) a government agency were a reference to the local government business entity mentioned in the application; and (b) an investigation were a reference to an investigation under this part; and (c) the responsible Minister or the Ministers were a reference to the relevant local government. 838 Decision on application (1) The Queensland Competition Authority must consider an application for accreditation received by it and either grant, or refuse to grant, the accreditation. (2) In considering an application, the authority must have regard to the relevant competitive neutrality principles applying to the activity and— (a) if the authority is satisfied the applicant carries on the activity in accord with the principles—the authority must grant the accreditation; or

s 839 495 Local Government Act 1993 s 839 (b) if the authority is not satisfied the applicant carries on the activity in accord with the principles—the authority must refuse to grant the accreditation. (3) Also, the authority may refuse to grant the accreditation if— (a) under an investigation notice the authority has sought further information about the application; and (b) the applicant has failed, without reasonable excuse, to give the information to the authority within the time stated in the relevant notice. 839 Conditions on grant of accreditation (1) If the Queensland Competition Authority decides to grant an accreditation, the grant is subject to the following conditions— (a) a condition that the local government business entity must continue to comply with the relevant competitive neutrality principles; (b) a condition that the local government business entity must inform the authority of any change in the entity’s structure or operations that may affect the entity’s continued compliance with the relevant competitive neutrality principles. (2) The authority may impose any other conditions it considers are necessary and reasonable for ensuring compliance with the accreditation. (3) Without limiting subsection (2), a condition may relate to requirements of the local government business entity to give relevant information to the authority that is necessary and reasonable to enable the authority to decide whether it is appropriate to maintain the accreditation. (4) For a condition mentioned in subsection (3), the information may be required to be given to the authority either— (a) from time to time, at reasonable intervals; or (b) at stated reasonable times.

s 840 496 Local Government Act 1993 s 842 840 Notice of decision (1) If the Queensland Competition Authority decides to grant an accreditation, the authority must give a written notice to— (a) the applicant; and (b) if the applicant is a corporatised corporation—the local government. (2) The notice must state— (a) the decision; and (b) the period of accreditation (not longer than 2 years); and (c) the conditions of the accreditation; and (d) for a condition imposed by the authority—the reasons for the condition. (3) If the authority decides not to grant the accreditation, the authority must give the applicant a written notice stating the decision and the reasons for the decision. 841 Publication of decision If the Queensland Competition Authority decides to grant an accreditation, the authority must publish in the gazette a notice of the grant. 842 Period of effect of accreditation (1) An accreditation remains in force until the end of the period stated in the authority’s accreditation notice, unless it is sooner surrendered or cancelled. (2) In this section— authority’s accreditation notice means a notice given to an applicant for an accreditation by the Queensland Competition Authority advising the applicant of the grant of the accreditation.

s 843 497 Local Government Act 1993 s 844 843 Surrender of accreditation (1) A local government business entity that has been granted an accreditation may surrender the accreditation by written notice given to the Queensland Competition Authority. (2) The surrender takes effect— (a) the day the notice is given to the authority; or (b) if a later day of effect is stated in the notice—the later day. 844 Cancellation of accreditation (1) An accreditation may be cancelled on the ground the local government business entity concerned has contravened a condition of the accreditation. (2) If the Queensland Competition Authority believes the ground exists to cancel an accreditation, the authority must give the local government business entity a written notice that— (a) states the authority proposes to cancel the accreditation; and (b) states the grounds for the proposed action; and (c) outlines the facts and circumstances forming the basis for the grounds; and (d) invites the entity to show, in writing, within the show cause period why the proposed action should not be taken. (3) If, after considering all written representations made within the show cause period, the authority still believes the grounds exist to cancel the accreditation, the authority may cancel the accreditation. (4) The authority must give a written notice stating its decision and the reasons for the decision to— (a) the local government; and (b) if the entity is a corporatised corporation—the corporation. (5) The decision takes effect—

s 845 498 Local Government Act 1993 s 846 (a) the day the notice is given to the local government business entity; or (b) if a later day of effect is stated in the notice—the later day. (6) In this section— show cause period , for a notice given to a local government business entity under subsection (2), means the period ending not less than 14 days, and not more than 21 days, after the notice is given to the entity. 845 Lists of accreditations The Queensland Competition Authority must keep a list of all current accreditations granted under this part available for inspection by any person. Part 5 Miscellaneous 846 Register of accreditations, complaints etc. A local government must keep open to inspection a register of activities carried on by local government business entities to which competitive neutrality principles apply containing the following particulars— (a) activities under chapter 8, parts 5, 6 or 7 to which the local government has applied competitive neutrality principles and the date from which the competitive neutrality principles apply; (b) activities to which the code of competitive conduct currently applies under chapter 9 and the date on which the code first applied to each activity; (c) activities currently accredited under part 4; (d) activities for which the Queensland Competition Authority is the referee for the complaint process for the entity carrying on the activity;

s 847 499 Local Government Act 1993 s 847 (e) a list of— (i) current investigation notices for complaints and references received; and (ii) the local government’s decisions on— (A) the referee’s recommendations on the complaints; and (B) the Queensland Competition Authority’s recommendations on references of complaints. 847 Annual report to include summary of complaints and decisions by local government The local government must include in its annual report 40 for each financial year— (a) a summary of— (i) investigation notices for complaints and references received by the local government in the year; and (ii) the local government’s decisions in the year on— (A) the referee’s recommendations on the complaints; and (B) the Queensland Competition Authority’s recommendations on the references; and (b) a list of all activities of its local government business entities currently accredited under part 4. 40 Under section 531, a local government is required to prepare an annual report. Also, under the City of Brisbane Act 1924 , section 119, the Brisbane City Council is required to prepare an annual report.

s 848 500 Local Government Act 1993 s 849 Chapter 12 Local laws and subordinate local laws Part 1 Preliminary Division 1 Object and application 848 Object (1) A local government’s jurisdiction to make laws is stated in chapter 2, part 1, division 3. (2) This chapter provides a common law-making process for all laws made by local governments. (3) It also provides for subordinate local laws to assist the detailed implementation of a local law’s objects. Examples for subsections (2) and (3) — 1 If a local law on libraries states that the local government may make a subordinate local law about the management and use of library resources, the local government has a general power to make a subordinate local law about a variety of issues, including, for example, the hours of operation of the library, use of its facilities and restrictions on borrowing books. 2 If a local law on libraries states that the local government may make a subordinate local law on a specific issue, for example, the restriction of borrowing rights or suspension of membership if a member retains borrowed items for substantially longer than permitted by the library rules, the local government can not, without specific authority in the local law, make a subordinate local law about other library matters, including, for example, the hours of operation of the library. 849 Application of chapter to Brisbane City Council This chapter applies to the Brisbane City Council.

s 850 501 Local Government Act 1993 s 854 Division 2 Local laws and related concepts 850 Meaning of local law A local law is a law made by a local government. 851 Meaning of model local law (1) A model local law is a law about a matter within the jurisdiction of local government that is proposed by the Minister as suitable for adoption by local governments as a local law. (2) A model local law must be gazetted. 852 Meaning of interim local law An interim local law of a local government is a local law that the local government and Minister agree may be made using the process stated in part 2, division 2 because of the nature of the law. 853 Meaning of subordinate local law A subordinate local law is a law made by a local government about a matter that a local law expressly states that the local government may make about the matter. 854 Local laws and subordinate local laws about development (1) A local government must not pass a resolution to propose to make a local law, or a subordinate local law, establishing a process about development, within the meaning of the Sustainable Planning Act 2009 , if the process would be similar to or duplicate all or part of the processes in chapter 6 of that Act. 41 41 See sections 866 (Step 1—propose a law) and 877 (Step 1—propose a subordinate local law).

s 854 502 Local Government Act 1993 s 854 (1A) Subsection (1) does not apply for local laws about the following until the local government makes a decision to prepare a new planning scheme under the Sustainable Planning Act 2009 — (a) gates and grids; (b) levees; (c) advertising devices; (d) roadside dining. (2) A local law or a subordinate local law, to the extent the law or subordinate local law is contrary to subsection (1), is of no effect. (3) Until the local government makes a decision to prepare a new planning scheme under the Sustainable Planning Act 2009, a provision of a local law or a subordinate local law that includes a process of a type mentioned in subsection (1) and is about a matter mentioned in subsection (1A) may be repealed but may not be amended. (4) Subsection (3) also applies to a local law of a local government if— (a) the area or part of the area of the local government (the first local government ) has been amalgamated with another local government’s area; and (b) the local law— (i) under a regulation, continues to apply in what was the first local government’s area; or (ii) has, by another local law, been applied, with or without amendment, to the entire area of the amalgamated local government areas. (5) A local law, whether the law is made before or after the commencement of this section, is void to the extent it regulates a subscriber connection. (6) In subsection (5)— subscriber connection means an installation for the sole purpose of connecting a building, structure, caravan or manufactured home to a line that forms part of an existing telecommunications network.

s 854A 503 Local Government Act 1993 s 854B 854A No jurisdiction to make local laws and subordinate local laws about distributing how-to-vote cards (1) A local government has no jurisdiction to make a local law or subordinate local law prohibiting or regulating the distribution of how-to-vote cards for an election under this Act or the Electoral Act 1992 . (2) A local law or subordinate local law, to the extent that it is contrary to subsection (1), is of no effect. (3) In this section— how-to-vote card includes a how-to-vote card under the Electoral Act 1992 . 854AA No jurisdiction to make local laws and subordinate local laws prohibiting placement of election signs or posters (1) A local government has no jurisdiction to make a local law or subordinate local law prohibiting, in its area, the placement of election signs or posters for an election under this Act, the City of Brisbane Act 1924 , the Electoral Act 1992 or the Commonwealth Electoral Act 1918 (Cwlth). (2) A local law or subordinate local law, to the extent it is contrary to subsection (1), is of no effect. (3) In this section— election signs or posters means signs or posters that are able, or are intended— (a) to influence a person about voting at an election; or (b) to affect the result of an election. 854B Local laws and subordinate local laws about airport landing charges (1) To remove any doubt, it is declared that a local government may make a local law or subordinate local law giving the local government power to recover an airport landing charge from the holder of the certificate of registration issued for an aircraft under the Civil Aviation Regulations 1988 (Cwlth). (2) In this section—

s 855 504 Local Government Act 1993 s 857 aircraft has the meaning given by the Civil Aviation Act 1988 (Cwlth), section 3. airport means an aerodrome within the meaning of the Civil Aviation Act 1988 (Cwlth), section 3. airport landing charge means a charge made by the local government under section 36 or, for the Brisbane City Council, the City of Brisbane Act 1924 , section 6A, for the landing of an aircraft at an airport owned or operated by the local government. Part 2 Making local laws and subordinate local laws Division 1 Making model local laws 855 Application of division This division applies subject to division 5. 856 Model local law process (1) The process stated in this division or division 3 must be used to make a model local law. (2) If a local government purports to make a model local law in contravention of subsection (1), the purported law is of no effect. 856A Step 1—propose a law Before making a model local law, a local government must, by resolution, propose to adopt the model local law. 857 Step 2—make a law (1) A local government makes a model local law if, by resolution, it—

s 858 505 Local Government Act 1993 s 858 (a) adopts a model local law about a matter; and (b) if there is an existing local law about the matter that is inconsistent with what is adopted—amends or repeals the existing local law so that there is no inconsistency. (2) The local government’s chief executive officer must certify the required number of copies of the local law to be the local law as made by the local government. (3) For subsection (1)(a), the adoption of a model local law with changes about an anti-competitive provision consistent with a resolution of the local government made under section 891 in relation to the local law is the adoption of a model local law. (4) A local government must not adopt a model local law with an anti-competitive provision (whether or not in an amended form) unless the local government has complied with division 5 in relation to the proposed model local law. 858 Step 3—give public notice of law (1) A notice of the making of the model local law must be published in the gazette stating the following— (a) the name of the local government making the local law; (b) the name of the local law; (c) the date of the local government’s resolution making the local law; (d) the name of any existing local law amended or repealed by the new local law; (e) if a public interest test report under division 5 has identified an anti-competitive provision in the model local law and the provision is changed—the fact of the anti-competitive provision and the extent of change. (2) The notice also may state the following— (a) that the local law is a model local law proposed by the Minister as suitable for adoption by local governments; (b) the purposes and general effect of the local law;

s 859 506 Local Government Act 1993 s 860 (c) that a certified copy of the local law is open to inspection at the local government’s public office and at the department’s State office; (d) that a copy of the certified copy of the local law may be purchased at the local government’s public office. (3) If the local law is not notified within 1 year of the date of the local government’s resolution making the local law (or a longer period decided by the Minister), the process stated in this division must be used again before the local law is notified in the gazette. (4) On the day of notification (or as soon as practicable after the day), the local government must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the local law; and (c) advice of any anti-competitive provisions included in the local law and reasons for their inclusion. Division 2 Making interim local laws 859 Interim local law process (1) The process stated in this division must be used to make an interim local law. (2) If a local government purports to make an interim local law in contravention of subsection (1), the purported law is of no effect. 860 Step 1—propose a law (1) Before making an interim local law, the local government must, by resolution, propose to— (a) make a law; and (b) get the Minister’s agreement to make the law as an interim local law.

s 861 507 Local Government Act 1993 s 861 (2) The proposed local law must include a sunset provision stating the law will expire— (a) 6 months after its commencement; or (b) at the end of a longer period gazetted by the Minister. 861 Step 2—get Minister’s agreement to use interim local law process (1) The local government must— (a) give the Minister— (i) a copy of the proposed interim local law; and (ii) a drafting certificate for the proposed local law; and (b) advise the Minister why it is necessary or desirable for the local law to be made on an interim basis; and (c) give the Minister the following information about the proposed interim local law— (i) any provision of the proposed interim local law that, under division 5, is a possible anti-competitive provision and actions taken or proposed to be taken by the local government under the division about the provision; (ii) information required by the Minister or under a regulation. (2) The Minister must advise the local government that it may proceed further in making the interim local law if the Minister— (a) agrees the proposed local law may be made on an interim basis; and (b) considers State interests are satisfactorily dealt with by the proposed local law; and (c) considers the proposed local law is drafted substantially in accordance with drafting standards prescribed under a regulation. (3) The Minister’s agreement may be given on conditions the Minister considers appropriate.

s 862 508 Local Government Act 1993 s 863 (4) If the Minister agrees the proposed local law may be made on an interim basis but considers State interests would be satisfactorily dealt with by the proposed local law if the local government satisfied particular conditions, the Minister— (a) may impose the conditions on the local government the Minister considers appropriate; and (b) must advise the local government that it may proceed further in making the interim local law if it— (i) satisfies any conditions about the content of the proposed local law; and (ii) agrees to satisfy any other conditions. (5) Without limiting subsection (4)(a), the Minister may impose a condition about a longer consultation period for making the interim local law as a local law under division 3. (6) Also, the Minister’s advice may state that the local government may proceed without satisfying step 7 of division 3 if it agrees to satisfy particular conditions. (7) Before proceeding to step 3, the local government must— (a) get an advice under subsection (2) or (4); and (b) satisfy any condition about the content of the proposed local law; and (c) agree to satisfy any other conditions. 862 Step 3—make proposed law (1) The local government must, by resolution, make the proposed interim local law. (2) The local government’s chief executive officer must certify the required number of copies of the local law to be the local law as made by the local government. 863 Step 4—give public notice of law (1) A notice of the making of the interim local law must be published in the gazette stating the following— (a) the name of the local government making the local law;

s 863A 509 Local Government Act 1993 s 863A (b) the name of the local law; (c) the date of the local government’s resolution making the local law; (d) the name of any existing local law amended or repealed by the new local law. (2) The notice also may state the following— (a) that the local law is an interim local law; (b) the purposes and general effect of the local law; (c) the date the local law will expire and that the Minister may extend this date by gazette notice; (d) that a certified copy of the local law is open to inspection at the local government’s public office and at the department’s State office; (e) that a copy of the certified copy of the local law may be purchased at the local government’s public office. (3) The notice must be published as soon as practicable after the resolution making the local law is made. (4) On the day of notification (or as soon as practicable after the day), the local government must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the local law. 863A Making proposed interim local law under div 3 (1) After making the proposed interim local law, the local government must proceed to make the proposed interim local law as a local law under division 3, starting at step 3. (2) The local government must publish a notice about the proposed local law under section 868(4) within— (a) 21 days after the resolution; or (b) the longer period decided by the Minister under section 861(5) about making the local law.

s 864 510 Local Government Act 1993 s 867 Division 3 Making other local laws 864 Application of division This division applies subject to section 863A and division 5. 865 Local law process (1) The process stated in this division must be used to make a local law (other than a model local law or interim local law). (2) The process stated in this division also may be used to make a model local law. (3) If a local government purports to make a local law in contravention of subsection (1), the purported law is of no effect. 866 Step 1—propose a law Before making a local law, the local government must, by resolution, propose to make a law. 867 Step 2—ensure proposed law satisfactorily deals with any State interest (1) The local government must give the Minister the following— (a) a copy of the proposed local law; (aa) a drafting certificate for the proposed local law; (b) the following information about the proposed local law— (i) any provision of the proposed local law that, under division 5, is a possible anti-competitive provision and actions taken or proposed to be taken by the local government under the division about the provision; (ii) information required by the Minister or under a regulation. (2) The Minister must advise the local government that it may proceed further in making the law if the Minister considers—

s 867 511 Local Government Act 1993 s 867 (a) State interests are satisfactorily dealt with by the proposed local law; and (b) the proposed local law is drafted substantially in accordance with drafting standards prescribed under a regulation. (3) Alternatively, if the Minister considers State interests would be satisfactorily dealt with by the proposed local law if the local government satisfied particular conditions, the Minister— (a) may impose conditions on the local government that the Minister considers appropriate; and (b) must advise the local government that it may proceed further in making the law if it— (i) satisfies any conditions about the content of the proposed local law; and (ii) agrees to satisfy any other conditions. (4) If the Minister considers that the proposed local law only amends an existing law to make an insubstantial change (including, for example, a change necessary for consistency with the local government’s planning scheme or as a consequence of an amendment of this or another Act), the advice of the Minister also may state that the local government may proceed to step 8 without satisfying steps 3 to 7. (5) Steps 3 to 7 do not apply if the Minister’s advice to the local government includes the statement mentioned in subsection (4). (6) The advice of the Minister also may state that the local government may proceed without satisfying step 7 if the local government agrees to satisfy particular conditions. (7) Before proceeding further in making a proposed local law, the local government must— (a) get an advice under subsection (2) or (3); and (b) satisfy any condition about the content of the proposed local law; and (c) agree to satisfy any other conditions.

s 868 512 Local Government Act 1993 s 868 868 Step 3—consult with public about proposed law (1) The local government must consult with the public about the proposed local law for at least 21 days (the consultation period ). (2) However, a longer consultation period may be— (a) fixed by a condition agreed by the Minister and the local government in step 2 of this division or division 2; or (b) prescribed by regulation. (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. (4) A notice about the proposed local law must be— (a) published at least once in a newspaper circulating generally in the local government’s area; and (b) displayed in a conspicuous place in the local government’s public office from the first day of the consultation period until the end of the last day of the consultation period. (5) The notice must state the following— (a) the name of the local government proposing to make the local law; (b) the name of the proposed local law; (c) the purposes and general effect of the proposed local law; (d) the length of the consultation period and the first and last days of the period; (e) that a copy of the proposed local law is open to inspection at the local government’s public office on or before the last day; (f) that a copy of the proposed local law may be purchased at the local government’s public office on or before the last day at a stated price; (g) that written submissions by any person supporting or objecting to the proposed local law may be made and given to the local government on or before the last day stating—

s 869 513 Local Government Act 1993 s 871 (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. (6) The price of a copy of the proposed local law must be no more than the cost to the local government of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost. 869 Step 4—give public access to proposed law On the first day of the consultation period and until the end of the last day of the consultation period— (a) a copy of the proposed local law must be open to inspection at the local government’s public office; and (b) copies of the proposed local law must be available for purchase at the local government’s public office at the price stated in the notice about the proposed local law. 870 Step 5—accept and consider all submissions (1) The local government must consider every submission properly made to it. (2) A submission is properly made to the local government if it— (a) is the written submission of any person about the proposed local law; and (b) states— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds; and (c) is given to the local government on or before the last day of the consultation period. 871 Step 6—decide whether to proceed with making proposed law After considering every submission properly made to it, the local government must, by resolution, decide whether to—

s 872 514 Local Government Act 1993 s 872 (a) proceed with the making of the proposed local law as advertised (the advertised proposed law ); or (b) proceed with the making of the proposed local law with amendments (the amended proposed law ); or (c) not proceed with the making of the proposed local law. 872 Step 7—again ensure proposed law satisfactorily deals with any State interest (1) This step does not apply in the following cases— (a) if the local government got an advice under section 861(6) or 867(4) or (6) and has satisfied any agreed conditions; (b) if the local government decides not to proceed with the proposed local law; (c) if a regulation states the step does not apply. (2) The local government must— (a) advise the Minister of its decision under step 6; and (b) give the Minister information about the proposed local law required by the Minister or by regulation. (3) If the Minister considers that State interests are satisfactorily dealt with by the proposed local law, the Minister must advise the local government it may proceed to step 8. (4) Alternatively, if the Minister considers that State interests would be satisfactorily dealt with by the proposed local law if the local government satisfied particular conditions, the Minister— (a) may impose conditions on the local government that the Minister considers appropriate; and (b) must advise the local government that it may proceed to step 8 if it— (i) satisfies any conditions about the content of the proposed local law; and (ii) agrees to satisfy any other conditions.

s 873 515 Local Government Act 1993 s 874 (5) Before proceeding further in making a proposed local law, the local government must— (a) get an advice under subsection (3) or (4); and (b) satisfy any condition about the content of the proposed local law; and (c) agree to satisfy any other conditions. (6) A local government must not act under subsection (2) unless the local government has complied with division 5 in relation to the proposed local law. 873 Step 8—make proposed law (1) The local government must, by resolution, make— (a) the advertised proposed law; or (b) the amended proposed law; or (c) the proposed law for which the local government received advice from the Minister that it could proceed to this step without satisfying steps 3 to 7. (2) The local government’s chief executive officer must certify the required number of copies of the local law to be the local law as made by the local government. 874 Step 9—give public notice of law (1) A notice of the making of the local law must be published in the gazette stating the following— (a) the name of the local government making the local law; (b) the name of the local law; (c) the date of the local government’s resolution making the local law; (d) the name of any existing local law amended or repealed by the new local law. (2) The notice also may state the following— (a) the purposes and general effect of the local law;

s 875 516 Local Government Act 1993 s 877 (b) that a certified copy of the local law is open to inspection at the local government’s public office and at the department’s State office; (c) that a copy of the certified copy of the local law may be purchased at the local government’s public office. (3) If the local law is not notified within 1 year of the date of the local government’s resolution making the local law (or a longer period decided by the Minister), the process stated in this division must be used again before the local law is notified in the gazette. (4) On the day of notification (or as soon as practicable after the day), the local government must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the local law; and (c) advice of any anti-competitive provisions included in the local law and reasons for their inclusion. Division 4 Making subordinate local laws 875 Application of division This division applies subject to division 5. 876 Subordinate local law process (1) The process stated in this division must be used to make a subordinate local law. (2) If a local government purports to make a subordinate local law in contravention of subsection (1), the purported subordinate local law is of no effect. 877 Step 1—propose a subordinate local law Before making a subordinate local law, the local government must, by resolution, propose to make a subordinate local law.

s 878 517 Local Government Act 1993 s 878 878 Step 2—consult with public about proposed subordinate local law (1) The local government must consult with the public about the proposed subordinate local law for at least 21 days (the consultation period ). (2) However, a longer consultation period may be prescribed by regulation. (3) The consultation period begins on the day when the notice mentioned in subsection (4) is first published. (4) A notice about the proposed subordinate local law must be— (a) published at least once in a newspaper circulating generally in the local government’s area; and (b) displayed in a conspicuous place in the local government’s public office from the first day of the consultation period until the end of the last day of the consultation period. (5) The notice must state the following— (a) the name of the local government proposing to make the subordinate local law; (b) the name of the proposed subordinate local law; (c) the name of— (i) the local law allowing the subordinate local law to be made; or (ii) if this step is used under section 883—the proposed authorising law; (d) the purposes and general effect of the proposed subordinate local law; (e) the length of the consultation period and the first and last days of the period; (f) that a copy of the proposed subordinate local law is open to inspection at the local government’s public office on or before the last day; (g) that a copy of the proposed subordinate local law may be purchased at the local government’s public office on or before the last day at a stated price;

s 879 518 Local Government Act 1993 s 880 (h) that written submissions by any person supporting or objecting to the proposed subordinate local law may be made and given to the local government on or before the last day stating— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds. (6) The price of a copy of the proposed subordinate local law must be no more than the cost to the local government of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost. 879 Step 3—give public access to proposed subordinate local law On the first day of the consultation period and until the end of the last day of the consultation period— (a) a copy of the proposed subordinate local law must be open to inspection at the local government’s public office; and (b) copies of the proposed subordinate local law must be available for purchase at the local government’s public office at the price stated in the notice about the proposed subordinate local law. 880 Step 4—accept and consider all submissions (1) The local government must consider every submission properly made to it. (2) A submission is properly made to the local government if it— (a) is the written submission of any person about the proposed subordinate local law; and (b) states— (i) the grounds of the submission; and (ii) the facts and circumstances relied on in support of the grounds; and

s 881 519 Local Government Act 1993 s 882 (c) is given to the local government on or before the last day of the consultation period. 881 Step 5—make proposed subordinate local law (1) If, after considering every submission properly made to it, the local government decides to make the proposed subordinate local law (whether as advertised or with amendments), it must, by resolution, make the subordinate local law. (2) However, the local government may substantially amend the proposed subordinate local law only if the local government again consults with the public under section 878 and complies with steps 3 and 4. (3) The local government’s chief executive officer must certify the required number of copies of the subordinate local law to be the subordinate local law as made by the local government. (4) For subsection (2), an amendment of a proposed subordinate local law with changes consistent with a resolution of the local government made under section 891 in relation to the subordinate local law is not a substantial amendment of the subordinate local law. (5) A local government must not act under subsection (1) or (2) unless the local government has complied with division 5 in relation to the proposed subordinate local law. 882 Step 6—give public notice of subordinate local law (1) A notice of the making of the subordinate local law must be published in a newspaper circulating generally in the local government’s area stating the following— (a) the name of the local government making the subordinate local law; (b) the name of the subordinate local law; (c) the date of the local government’s resolution making the subordinate local law; (d) the name of any existing subordinate local law amended or repealed by the new subordinate local law. (2) The notice also may state the following—

s 883 520 Local Government Act 1993 s 883 (a) the name of the local law allowing the subordinate local law to be made; (b) the purposes and general effect of the subordinate local law; (c) that a certified copy of the subordinate local law is open to inspection at the local government’s public office and at the department’s State office; (d) that a copy of the certified copy of the subordinate local law may be purchased at the local government’s public office. (3) On the day of notification (or as soon as practicable after the day), the local government must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the subordinate local law; and (c) a drafting certificate for the subordinate local law; and (d) advice of any anti-competitive provisions included in the subordinate local law and reasons for their inclusion. (4) The subordinate local law commences— (a) on the day on which it is notified; or (b) if a later day or time is fixed in the subordinate local law—on that day or at that time. (5) If the subordinate local law is notified on a day after the day or time fixed by the subordinate local law for its commencement, the subordinate local law is valid, but commences on the day on which it is notified. 883 Early commencement under subordinate local law making process (1) The purpose of this section is to permit a local government to start the process for making a subordinate local law even though the process for making the local law on which the subordinate local law is to be based (the proposed authorising law ) has not finished.

s 884 521 Local Government Act 1993 s 884 (2) A local government may use steps 1 to 5 of the process for making the subordinate local law (other than actually making the subordinate local law) before the proposed authorising local law is made if— (a) in making the proposed authorising law, the local government has to satisfy division 1 or steps 3 to 7 of division 3; and (b) for a proposed authorising local law made under division 3—the notice about the subordinate local law under section 878 is published no earlier than the notice about the proposed authorising law under section 868 is published. Division 5 Anti-competitive provisions of proposed local laws and proposed subordinate local laws 884 Application of division (1) In this section— cut off day means— (a) for a local law or subordinate local laws made before 31 December 1997—31 December 1997; or (b) for a local law made under division 3 after 31 December 1997 and, if in making the local law, the local government, before 31 December 1997, complied with section 872(2)—a later day stated under a regulation. (2) Subject to subsections (3) and (4), this division applies to local laws and subordinate local laws made after the commencement of this section. (3) This division does not apply to local laws or subordinate local laws made before the cut off day if the local government, before 31 December 1997, decides to apply chapter 19, part 1, division 4 to the local law or subordinate local laws as if the local law or subordinate local laws were an existing local law or existing subordinate local laws under that division. (4) This division does not apply to interim local laws.

s 885 522 Local Government Act 1993 s 888 885 Definitions for div 5 In this division— anti-competitive provision , of a proposed local law or proposed subordinate local law, means a provision that, under a regulation, is treated as creating barriers to entry to a market or barriers to competition within a market. possible anti-competitive provision see section 887. proposed local law includes a local law proposed to be made under division 1. public interest test means a review of a possible anti-competitive provision of a proposed local law or proposed subordinate local law under this division. public interest test report means the report, including recommendations, on a public interest test. 886 Local laws and subordinate local laws not to be made unless local government complies with division A local government must not make a local law or a subordinate local law unless the local government complies with this division. 887 Review of proposed local law or proposed subordinate local law to identify possible anti-competitive provisions A local government must carry out a review of its proposed local law or proposed subordinate local law and identify any provision of the law or subordinate local law that it considers may be an anti-competitive provision (a possible anti-competitive provision ). 888 Public interest test of possible anti-competitive provisions (1) Before making a local law or subordinate local law containing a possible anti-competitive provision, a local government must ensure a public interest test is carried out and a public interest test report prepared for each of the possible anti-competitive provisions.

s 889 523 Local Government Act 1993 s 889 (2) A public interest test report must, for each possible anti-competitive provision, recommend— (a) that the provision should be retained as it is not an anti-competitive provision; or (b) for a provision that the report identifies as being an anti-competitive provision—that the whole or part of the provision— (i) in the public interest, should be retained (whether in its current or another form); or (ii) should not be retained. (3) For subsection (2), it is in the public interest for an anti-competitive provision to be retained (whether in its current or another form) if— (a) the benefits of the provision to the community as a whole outweigh the costs; and (b) the most appropriate way of achieving the objectives of the proposed local law or proposed subordinate local law is by restricting competition in the way provided in the provision. 889 Local government to decide on test and report process (1) The local government must decide— (a) how the public interest test is to be conducted; and (b) the matters with which the public interest test report must deal. (2) The decision must provide for a consultation process for the public interest test and state how the process is to be used in the test. Example — A local government may decide that the consultation process concerning possible anti-competitive provisions must include— (a) giving notice of the test and inviting submissions about the test; and (b a period for submissions to be received; and (c) direct consultation with interested parties; and

s 890 524 Local Government Act 1993 s 891 (d) consideration of the submissions received about the test. The local government may also decide the process for the test may be carried out in conjunction with another process required for making the local law or subordinate local law such as step 3 in section 868 or step 2 in section 878. (3) The decision is subject to a regulation under section 893. 890 Public interest test report to be presented to local government meeting As soon as practicable after a public interest test report is completed, it must be presented to a meeting of the local government. 891 Local government to resolve whether to implement recommendations of public interest test (1) After a public interest test report has been presented to a meeting of a local government, the local government must resolve whether to implement the recommendations of the report. (2) A local government may make a contrary resolution about an anti-competitive provision only if the local government is of the opinion and resolves that— (a) the benefits of the provision in the proposed local law or proposed subordinate local law to the community as a whole outweigh the costs; and (b) the most appropriate way of achieving the objectives of the proposed local law or proposed subordinate local law is by restricting competition in the way provided in the provision. (3) A contrary resolution must include a statement of the reasons for finding that— (a) the benefits of the provision to the community as a whole outweigh the costs; and (b) the most appropriate way of achieving the objectives of the proposed local law or proposed subordinate local law is by restricting competition in the way provided in the provision.

s 892 525 Local Government Act 1993 s 893 (4) In subsections (2) and (3)— contrary resolution means a resolution by a local government to— (a) retain an anti-competitive provision of a proposed local law or proposed subordinate local law despite a recommendation in a public interest test report that the provision should not be retained; or (b) retain an anti-competitive provision of a proposed local law or proposed subordinate local law in a form not consistent with the form recommended in a public interest test report. 892 Public interest test reports are open to inspection From the day the public interest test report is presented to a meeting of a local government the report must be open to inspection. 893 Regulation about public interest tests and public interest test reports A regulation may be made about— (a) the procedures to be followed and criteria to be used to identify possible anti-competitive provisions of proposed local laws or proposed subordinate local laws; and (b) requirements for public interest tests and public interest test reports; and (c) the giving of information by local governments to the Minister.

s 893A 526 Local Government Act 1993 s 893C Division 6 Anti-competitive provisions of existing local laws and existing subordinate local laws 893A Application of div 6 This division applies to a local law or subordinate local law for which a local government has resolved under division 5, or chapter 19, part 1, division 4 as in force immediately before the commencement of this section, to retain an anti-competitive provision. 893B Definitions for div 6 In this division— expiry date means— (a) for the first review date—31 December 2010; or (b) for a subsequent review date—31 December in the year that is 2 years after the review date. first review date means 1 January 2008. public interest test means a review of an anti-competitive provision of a local law or subordinate local law under this division. public interest test report means the report, including recommendations, on a public interest test. review date means the first review date or a subsequent review date. subsequent review date means 1 January 2018, and each 1 January that is the tenth anniversary of the preceding subsequent review date. 893C Expiry of local laws and subordinate local laws unless local government complies with division (1) A local law or subordinate local law in force on a review date expires on the expiry date for the review date unless the local government complies with this division.

s 893D 527 Local Government Act 1993 s 893E Note — See also section 899B for other expiry of local laws and subordinate local laws. (2) However, subsection (1) does not apply if the local government repeals each anti-competitive provision in the local law or subordinate local law before the expiry date for the review date. 893D Review of anti-competitive provisions in local laws and subordinate local laws A local government must carry out a review of the anti-competitive provisions in its local laws and subordinate local laws to which this division applies. 893E Public interest test of anti-competitive provisions (1) A local government must ensure a public interest test is carried out and a public interest test report is prepared for each of its anti-competitive provisions. (2) A public interest test report must, for each anti-competitive provision, recommend— (a) that the provision should be retained as it is no longer an anti-competitive provision; or (b) for a provision that the report states is an anti-competitive provision—that the whole or part of the provision— (i) in the public interest, should be retained, whether in its current or another form; or (ii) should not be retained. (3) For subsection (2), it is in the public interest for an anti-competitive provision to be retained, whether in its current or another form, if— (a) the benefits of the provision to the community as a whole outweigh the costs; and (b) the most appropriate way of achieving the objectives of the local law or subordinate local law is by restricting competition in the way provided in the provision.

s 893F 528 Local Government Act 1993 s 893H 893F Local government to decide on test and report process (1) The local government must decide— (a) how the public interest test is to be conducted; and (b) the matters with which the public interest test report must deal. (2) The decision must provide for a consultation process for the public interest test and state how the process is to be used in the test. Example — A local government may decide that the consultation process concerning anti-competitive provisions must include— (a) giving notice of the test and inviting submissions about the test; 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 test. (3) The decision is subject to a regulation under section 893L. 893G Public interest test report to be presented to local government meeting As soon as practicable after a public interest test report is completed, it must be presented to a meeting of the local government. 893H Local government to resolve whether to implement recommendations of public interest test (1) After a public interest test report has been presented to a meeting of a local government, the local government must resolve whether to implement the recommendations of the report. (2) A local government may make a contrary resolution about an anti-competitive provision only if the local government resolves that— (a) the benefits of the provision in the local law or subordinate local law to the community as a whole outweigh the costs; and

s 893I 529 Local Government Act 1993 s 893J (b) the most appropriate way of achieving the objectives of the local law or subordinate local law is by restricting competition in the way provided in the provision. (3) A resolution under subsection (2) must include a statement of the reasons for finding— (a) the benefits of the provision to the community as a whole outweigh the costs; and (b) the most appropriate way of achieving the objectives of the local law or subordinate local law is by restricting competition in the way provided in the provision. (4) As soon as practicable after making a resolution under this section, the local government must advise the Minister of its resolution. (5) In this section— contrary resolution means a resolution by a local government to— (a) retain an anti-competitive provision of a local law or subordinate local law despite a recommendation in a public interest test report that the provision should be repealed; or (b) amend an anti-competitive provision of a local law or subordinate local law contrary to a recommendation in a public interest test report. 893I Public interest test reports open to inspection From the day the public interest test report is presented to a meeting of a local government, the report must be open to inspection. 893J Repeal or amendment of anti-competitive provision (1) If a local government resolves to repeal or amend an anti-competitive provision of a local law under this division, it must, by resolution, make a local law repealing or amending the provision (a new local law ). (2) If a local government resolves to repeal or amend an anti-competitive provision of a subordinate local law under

s 893J 530 Local Government Act 1993 s 893J this division, it must, by resolution, make a subordinate local law repealing or amending the provision (a new subordinate local law ). (3) The local government must give notice of the making of the new local law or new subordinate local law. (4) The notice must state the following— (a) the name of the local government making the new local law or new subordinate local law; (b) the name of the new local law or new subordinate local law; (c) the date of the local government’s resolution making the new local law or new subordinate local law; (d) the name of the local law or subordinate local law; (e) that there is an anti-competitive provision in the local law or subordinate local law; (f) that the provision has been repealed or amended; (g) that a certified copy of the new local law or new subordinate local law is open to inspection at the local government’s public office and at the department’s State office. (5) The notice must be published in the gazette. (6) The local government’s chief executive officer must certify the required number of copies of the new local law or new subordinate local law to be the new local law or new subordinate local law as made by the local government. (7) As soon as practicable after the making of the new local law or new subordinate local law, the local government must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the new local law or new subordinate local law.

s 893K 531 Local Government Act 1993 s 894 (8) Part 2 does not apply to a new local law or new subordinate local law made under this section. 893K Timing for resolution and implementation For a local law or subordinate local law, a local government must make a resolution under section 893H and, if necessary, implement the resolution under section 893J, on or before the expiry date for the review date. 893L Regulation about public interest tests and public interest test reports A regulation may prescribe— (a) the procedures to be followed and criteria to be used to review anti-competitive provisions of local laws or subordinate local laws; and (b) requirements for public interest tests and public interest test reports; and (c) the giving of information by local governments to the Minister. Part 3 Public access to local laws and subordinate local laws 894 Local laws and subordinate local laws available for inspection and purchase (1) On and from the day of publication of a notice of the making of a local law or subordinate local law (or as soon as practicable after the day)— (a) a certified copy of the local law or subordinate local law must be open to inspection at the local government’s public office and the department’s State office; and

s 895 532 Local Government Act 1993 s 896A (b) copies of the certified copy of the local law or subordinate local law must be available for purchase at the local government’s public office. (2) The price of a copy of a local law or a subordinate local law must be no more than the cost to the local government of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost. 895 Subordinate local law register (1) A local government must keep a register of its subordinate local laws. (2) The register must comply with the regulation. (3) The register must be open to inspection at the local government’s public office. Part 4 Status of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws 896 Effect of local laws On commencement, a local law made by a local government has the force of law. 896A Effect of expiry of interim local law (1) This section applies if— (a) a local law (the original local law ) is repealed or amended by an interim local law; and (b) the interim local law expires; and (c) the interim local law is not made, with or without change, as a local law under part 2, division 3.

s 897 533 Local Government Act 1993 s 897A (2) If the interim local law repealed the original local law, on the expiry of the interim local law— (a) the original local law revives in the form it was immediately before the repeal; and (b) a subordinate local law, or a provision of a subordinate local law, that ceases to have effect because of the repeal revives in the form it was immediately before the repeal. (3) If the interim local law amended the original local law, on the expiry of the interim local law, the original local law is taken to never have been amended by the interim local law. (4) Subsection (5) applies if a subordinate local law, or a provision of a subordinate local law, ceases to have effect because of the amendment of the original local law. (5) On the expiry of the interim local law, the subordinate local law or provision is taken never to have been affected by the amendment. (6) Subsections (3) and (5) do not affect anything done or suffered under the interim local law before it expired. 897 Extent to which subordinate local law is binding (1) A local government’s subordinate local law is binding on the local government. (2) A local government’s subordinate local law on a matter is, and it is declared always was, binding on anyone else to the extent stated in the local law stating the matter about which the subordinate local law may be made. 897A When subordinate local laws cease to have effect (1) This section applies if— (a) a local law or provision of a local law states a matter about which a subordinate local law may be made; and (b) a subordinate local law is made about the matter; and

s 897B 534 Local Government Act 1993 s 897B (c) the local law is repealed or the provision is omitted. 42 (2) To remove any doubt, it is declared that the subordinate local law ceases to have effect on the repeal or omission. (3) This section has effect subject to section 896A. 897B Consolidated versions of local laws and subordinate local laws (1) A local government may prepare and adopt a consolidated version of a local law or subordinate local law. (2) Part 2 does not apply to the making or notification of the consolidated version of the local law or consolidated subordinate local law. (3) Also, part 2 does not apply to the making of a minor amendment of a local law or subordinate local law (the amendment law ) if the local government incorporates the amendment law into a consolidated version of the local law or subordinate local law. (4) However, for subsection (3)— (a) the local government must, by resolution, make the amendment law; and (b) the local government’s chief executive officer must certify the required number of copies of the amendment law to be the amendment law as made by the local government; and (c) the local government must notify the making of the amendment law as required under part 2. (5) The consolidated version of a local law or subordinate local law is, in the absence of evidence to the contrary, taken to be the local government’s local law or subordinate local law on and from the day the consolidated version of the local law or subordinate local law is adopted by the local government. 42 A local government may also repeal a subordinate local law by using the processes stated in part 2, division 4, for making a subordinate local law—see the Acts Interpretation Act 1954 , section 24AA.

s 898 535 Local Government Act 1993 s 899 (6) As soon as practicable after the local government adopts the consolidated version of the local law or subordinate local law, the local government must give the chief executive a certified copy of the consolidated version of the local law or subordinate local law. 898 Proof of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws (1) In a proceeding, a certified copy of a local law, subordinate local law or consolidated version of a local law or subordinate local law is evidence of the content of the local law, subordinate local law or consolidated version of a local law or subordinate local law. (2) All courts, judges and persons acting judicially must take judicial notice of a certified copy of a local law, subordinate local law or consolidated version of a local law or subordinate local law. (3) In a proceeding, a copy of the gazette or newspaper containing a notice about the making of a local law, subordinate local law or consolidated version of a local law or subordinate local law is— (a) evidence of the matters stated in the notice; and (b) evidence that the local law, subordinate local law or consolidated version of a local law or subordinate local law has been properly made. 899 Local law and subordinate local law presumed to be within jurisdiction In a proceeding, the competence of a local government to make a particular local law or subordinate local law is presumed unless the issue is raised.

s 899A 536 Local Government Act 1993 s 899C Part 5 Review and expiry of local laws and subordinate local laws 899A Definitions for pt 5 In this part— expiry date means— (a) for the first review date—31 December 2010; or (b) for a subsequent review date—31 December in the year that is 2 years after the review date. first review date means 1 January 2008. redundant provision see section 899C. review date means the first review date or a subsequent review date. subsequent review date means 1 January 2018, and each 1 January that is the tenth anniversary of the preceding subsequent review date. 899B Expiry of local laws and subordinate local laws A local law or subordinate local law in force on a review date expires on the expiry date for the review date unless— (a) it sooner expires or is repealed; or (b) the local government publishes a notice in the gazette for the laws under section 899C. 899C Reviews of local laws and subordinate local laws (1) After each review date, a local government must review its local laws and subordinate local laws in force on the review date to identify any provision of the law that serves no useful purpose (a redundant provision ). (2) After reviewing the law, the local government must, by resolution, decide whether it contains any redundant provisions.

s 899D 537 Local Government Act 1993 s 899D (3) If, after reviewing the law, a local government by resolution decides that the law does not contain any redundant provisions, the local government must publish a notice about the review in the gazette stating the following— (a) the name of the local government; (b) the name of the law reviewed; (c) that the law was reviewed by it to identify any provision that serves no useful purpose but no provision was identified; (d) the date of the local government’s resolution about the review. (4) As soon as practicable after the notice is published, the local government must give a copy of the notice to the Minister. 899D Repeal of redundant provision (1) This section applies if, after a review under this part of a local law or subordinate local law (the existing law ), a local government decides the law contains a redundant provision. (2) The local government must, by resolution, make a local law or subordinate local law repealing the provision. (3) A notice of the making of the local law or subordinate local law must be published in the gazette stating the following— (a) the name of the local government making the law; (b) the name of the law; (c) the date of the local government’s resolution making the law; (d) the name of the existing law; (e) that a redundant provision of the existing law has been identified; (f) that the provision has been repealed; (g) that a certified copy of the law is open to inspection at the local government’s public office and at the department’s state office.

s 900 538 Local Government Act 1993 s 901 (4) The local government’s chief executive officer must certify the required number of copies of the law to be the law as made by the local government. (5) As soon as practicable after the making of the law, the local government must give the Minister— (a) a copy of the notice; and (b) the required number of certified copies of the law. (6) Part 2 does not apply to a law made under this section. Chapter 13 Local government infrastructure Part 1 Extended application of chapter 900 Application of chapter to Brisbane City Council This chapter applies to the Brisbane City Council. Part 2 Roads Division 1 Control of roads 901 Local governments’ control of roads (1) A local government has control of all roads in its area. (2) Control of roads includes capacity to take all necessary steps for— (a) survey and resurvey of roads; and

s 902 539 Local Government Act 1993 s 902 (b) construction, maintenance and improvement of roads; and (c) regulation of use of roads; and (d) regulation of movement of traffic and parking vehicles on roads. (3) Subsection (2)(d) is subject to the Transport Operations (Road Use Management) Act 1995 . (4) Regulation of use of roads includes— (a) requiring, by local law, an owner of land adjoining a road to fence the land to prevent animals escaping from the land onto the road; and (b) specifying, by local law, the obligations of the owner of the land. Division 2 Realignment and widening of roads 902 Realignment of roads (1) A local government may realign a road to widen it. (2) A road may be realigned— (a) by acquisition of land necessary for the purpose; or (b) if a structure or part of a structure is on land affected by the realignment between the existing and proposed alignments—under a notice of realignment. (3) A local government must serve a notice (the notice of realignment ) on the owner of land affected by a realignment. (4) The notice must inform the owner in general terms of this section and section 904. (5) The local government must lodge a copy of the notice of realignment with the registrar of titles for the registration on the instrument of title to the land.

s 903 540 Local Government Act 1993 s 905 903 Effect of notice of realignment (1) The owner of land that is the subject of a notice of realignment must not erect, place, re-erect, replace or repair any structure or part of a structure on the land between the existing and proposed alignments of the road without the permission of the local government. (2) Despite service of the notice, land between the existing and proposed alignments of a road does not form part of the road until it has been acquired by the local government and dedicated to public use as a road. (3) The registrar of titles may register the notice despite the non-production of a relevant instrument of title. 904 Compensation for realignment of road (1) A person who would be entitled to claim compensation on acquisition by a local government of land affected by a notice of realignment situated between the existing and proposed alignments of a road is entitled to compensation from the local government for injurious affection to the person’s interest in the land because of— (a) service of the notice; or (b) refusal by the local government of permission mentioned in section 903(1). (2) However, compensation is not payable on service of the notice until— (a) the land is first sold after service of the notice; or (b) the owner of the land has, after service of the notice, offered the land for sale in good faith, but can not sell the land for a fair and reasonable price. 905 Claims for compensation (1) A claim for compensation must— (a) be made to the chief executive officer of the local government in a form approved by the chief executive officer; and

s 906 541 Local Government Act 1993 s 907 (b) be made within 3 years after the entitlement to compensation arose. (2) The claim is taken to have been properly made when the claimant has given the local government all information reasonably required by it to decide the claim. (3) If, within 40 days after the claim is made, the local government has not given to the claimant written notice of its decision on the claim, it is taken to have refused compensation to the claimant on the 41st day after the claim is made. 906 Appeals (1) A claimant aggrieved by the decision of a local government made on a claim for compensation may appeal against the decision to the Planning and Environment Court. (2) The appeal must be started within 30 days after notice of the decision is given to the claimant or the decision is taken to have been made. 907 Assessment of compensation Assessment of compensation for injurious affection of an interest in land because of a notice of realignment must be consistent with the following principles— (a) the amount of compensation must represent the difference between the market value of the interest immediately after service of the notice and what would be the market value of the interest at that time if the notice had not been served; (b) any benefit that may accrue, because of the realignment, to land adjacent to the land affected by the realignment, and in which the claimant has an interest, must be taken into account; (c) the amount of compensation must not be increased because the land affected by the realignment has, since the service of the notice, become or ceased to be separate from other land.

s 908 542 Local Government Act 1993 s 910 908 Award of compensation Before awarding compensation for injurious affection, the Planning and Environment Court must be satisfied— (a) if the land has been sold— (i) the sale price is less than the seller might reasonably have expected to receive had there been no notice of realignment; and (ii) the seller sold the land in good faith; and (iii) the seller took reasonable steps to obtain a reasonable price for the land; or (b) if a local government has refused permission mentioned in section 903(1)—the permission was applied for in good faith. 909 Acquisition of land instead of compensation (1) Unless land between the existing and proposed alignments of a road has been sold, a local government may acquire the land instead of paying compensation for injurious affection. (2) If, after a notice of realignment is served, land between the existing and proposed alignments of a road has been cleared of all structures, a local government may, and, if required by the owner of the land, must, acquire the land. (3) Land acquired under subsection (1) or (2) must be dedicated for public use as a road within 3 months after its acquisition. (4) Compensation for the compulsory acquisition of land under subsection (1) or (2), if not agreed between the parties, must be assessed as at the date of the acquisition. 910 Notice of realignment not effective in certain circumstances (1) A local government can not, without the consent of the Planning and Environment Court, serve notice of realignment on an owner of land after the owner has applied to it— (a) for its approval of subdivision of the land; or (b) for its approval, consent or permission—

s 911 543 Local Government Act 1993 s 911 (i) to erect or use a structure on the land; or (ii) to use the land for any purpose. (2) The court may consent to service of the notice only if it is satisfied the purpose of the notice is to enable the local government to make, in good faith, a reasonable widening of the road. 911 Realignment not carried out (1) This section does not apply to a realignment of road necessary to comply with the requirements of a local government under a planning scheme in its application to particular developments in the local government’s area. (2) A local government may, before a realignment of a road has been carried out, decide not to proceed with the realignment or with a part of it. (3) The local government must serve notice of its decision on— (a) all owners of land who were served with notice of the realignment; and (b) all owners of land that, after the realignment has been carried out in part, adjoins the realigned boundary of the road. (4) The notice must inform the owners in general terms of this section and section 912. (5) The local government must— (a) withdraw all notices of realignment, or, if the decision relates to part only of a realignment, all notices of realignment for the part, lodged with the registrar of titles but not registered; and (b) lodge with the registrar of titles a notice of its decision on all instruments of title on which notice of realignment has been registered, or, if the decision relates to part only of a realignment, on which notice of realignment for the part has been registered.

s 912 544 Local Government Act 1993 s 913 912 Compensation if realignment not carried out (1) This section applies if— (a) a local government decides not to proceed with a realignment, or part of a realignment, of a road; and (b) structural improvements are made on land adjoining the road on the basis of the proposed realignment being effected. (2) The local government must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision. (3) The amount of compensation is the difference between the value of the land before and after the decision. (4) If the local government and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court. (5) The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed by regulation, to claims for compensation under this section. (6) A decision by a local government not to proceed with a realignment, or part of a realignment, of a road does not give rise to an entitlement to compensation or a cause of action in any owner or occupier of land or other person other than under this section. 913 Acquisition of land for use as footpath (1) A local government may widen a road by acquiring from the owner of land adjoining the road land for use as a footpath. (2) The acquisition of land may be subject to a reservation in favour of the owner of any of the following rights as the local government decides, at or before the acquisition, to be appropriate— (a) a right to ownership, possession, occupation and use of any existing structure, room or cellar at a specified height above or depth below the level of the new

s 914 545 Local Government Act 1993 s 915 footpath, subject to the local government’s right to enter, and make structural alterations to, the structure, room or cellar as it considers to be necessary; (b) a right to erect a structure, in accordance with law, at a specified height above and extending over the new footpath and to the ownership, possession, occupation and use of the structure; (c) a right of support for a structure mentioned in paragraph (a) or (b). Division 3 Opening and closure of roads 914 Notice to local government of opening or closure of roads (1) If an application is made under the Land Act 1994 for the opening or closure of a road in a local government’s area by a person (other than the local government), the Minister administering that Act must give written notice of the application to the local government. (2) The notice must specify a date (no earlier than 1 month or later than 2 months after the local government is given the notice) on or before which the local government may object to the opening or closure of the road. (3) An objection must state fully the reasons for the objection. (4) The Minister must have regard to any objections properly made by the local government. (5) If the Minister decides the road should be opened or closed, the Minister must give written notice to the local government of the decision and, if the decision is contrary to the local government’s objection, the reasons for it. 915 Limited closure of roads by local government (1) A local government may, by public notice, close a road, or part of a road, permanently or temporarily, to particular traffic, if there is another road, or route, reasonably available for use by the traffic.

s 916 546 Local Government Act 1993 s 917 (2) A local government may, by public notice, close a road to all traffic or particular traffic— (a) during a temporary obstruction to traffic; or (b) if it is necessary or desirable to close the road for— (i) a temporary purpose; or (ii) in the interests of public safety. (3) Notice under subsection (1) or (2) may be published in the way the local government considers appropriate in each particular case. (4) If a road, or part of a road, in a local government’s area is closed to traffic under subsection (1) or (2), the local government may do everything necessary to stop traffic using the road or the part of the road. Division 4 Miscellaneous 916 Temporary roads (1) A local government may, to remake or repair part of a road, make a temporary road through land adjoining the road, to be used while the part is being remade or repaired. (2) However, the temporary road may be made only if it is not reasonably practicable to temporarily close the part of the road to traffic while it is remade or repaired. 917 Fixing road levels (1) The owner or occupier of land adjoining a road may give written notice to the local government requiring it to advise the owner or occupier of the permanent level fixed or to be fixed for the road. (2) If the local government has not, within 6 months after receiving the notice, given to the owner or occupier written advice about the permanent level of the road, the local government is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.

s 918 547 Local Government Act 1993 s 919A 918 Compensation for change in road level (1) This section applies if— (a) after a local government has fixed the permanent level of a road, the local government changes the level of the road; and (b) the owner or occupier of land adjoining the road is injuriously affected by the change. (2) The owner or occupier, or the person’s successor in title, is entitled to the reasonable compensation because of the injurious affection that is agreed between the local government and the person or, failing agreement, decided by the Planning and Environment Court. 919 Ancillary works and encroachments on roads (1) In this section— ancillary works and encroachments means— (a) gates or grids; or (b) private railways; or (c) tramways, including sugar cane tramways; or (d) viaducts; or (e) cellars. (2) A local government may, by local law, regulate the construction, maintenance and operation of ancillary works and encroachments in, on, along, across, under or over roads in its area. (3) However, a local government can not make a local law about a railway to which the Transport Infrastructure Act 1994 , chapter 7 applies. 919A Assessment of impacts on roads from certain activities (1) This section applies if— (a) a local government considers the carrying on of an activity prescribed under a regulation is having, or will

s 919A 548 Local Government Act 1993 s 919A have, a significant adverse impact on a road under its control; and (b) the activity is not for— (i) a significant project under the State Development and Public Works Organisation Act 1971 ; or (ii) development declared under its planning scheme under the Sustainable Planning Act 2009 to be assessable development; or (iii) development, declared under its planning scheme under the Sustainable Planning Act 2009 to be development requiring compliance assessment, for which the local government is the compliance assessor under that Act. (2) The local government may require the entity carrying out the activity to provide information, within a reasonable time, that will enable the local government to assess the impact. (3) After assessing the impact, the local government may decide to do 1 or more of the following— (a) give the entity a direction about the use of the road to lessen the impact; or (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact. (4) The local government may require the works to be carried out or the amount to be paid before the impact commences or intensifies. (5) The amount required to be paid under subsection (3)(b)(ii) is a debt payable to the local government and may be recovered in a court of competent jurisdiction. (6) The regulation mentioned in subsection (1)(a)— (a) must contain a process under which the local government’s decision may be reviewed; and (b) may contain a process for enforcing the decision.

s 920 549 Local Government Act 1993 s 921A 920 Categorisation of roads A local government must categorise roads in its area according to the surface of the road. 921 Roads map and register (1) A local government must prepare and keep up-to-date a map and a register of roads in its area. (2) The map of roads must show every road in its area. (3) The register of roads must show— (a) the category of every road in its area; and (b) the level of every road of which the level is fixed; and (c) other particulars prescribed by regulation. (4) The register of roads also may show other particulars the local government considers appropriate. (5) The map and register are open to inspection. (6) On application and payment of a reasonable fee fixed by resolution or local law, a person may obtain— (a) a copy of, or an extract from, a map or register of roads; or (b) a certificate of an employee of the local government authorised for the purpose— (i) about the category, alignment and levels of roads in its area; or (ii) about the fact that the alignment or level of a road in its area has not been fixed. Part 2A Public thoroughfare easements 921A Public thoroughfare easements (1) This section applies if a public thoroughfare easement is created over relevant land.

s 921A 550 Local Government Act 1993 s 921A (2) The local government in whose favour the easement is created has control of the easement land, subject to the provisions of the instrument creating the easement. (3) Control of the easement land includes capacity to take all necessary steps for— (a) construction, maintenance and improvement of the easement land; and (b) regulation of the use of the easement land. (4) Despite subsections (2) and (3)— (a) the local government has responsibility for the maintenance of the easement land; and (b) for deciding the respective rights and liabilities that attach to a relevant entity for anything that happens arising out of the use of the easement land, the easement land must be taken to be a road under the control of the local government. (5) The owner of the relevant land, as the grantor of the easement, or as a successor in title of the grantor of the easement— (a) is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the easement land; and (b) is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence, in relation to the easement land. (6) In this section— easement land means any part of the relevant land that is affected by the public thoroughfare easement. owner , of the relevant land, means— (a) if the relevant land is land granted in trust under the Land Act 1994 —the trustee of the land; or (b) if the relevant land is non-freehold land under the Land Act 1994 —the lessee or licensee of the land; or (c) if the relevant land is a lot under the Land Title Act 1994 —the registered owner of the lot. relevant entity means any of following—

s 922 551 Local Government Act 1993 s 924 (a) the owner of the relevant land; (b) the local government; (c) any member of the public generally. relevant land means— (a) land granted in trust, or non-freehold land, under the Land Act 1994 ; or (b) a lot under the Land Title Act 1994. Part 3 Malls 922 Purpose of part This part contains the provisions under which a mall may be established in a road. 923 Closure of roads to traffic (1) For the purpose of establishing a mall in a road, the Governor in Council may, by gazette notice, and a notice published in a newspaper circulating generally in the locality of the road, temporarily close a road to traffic for the proposed mall. (2) The Governor in Council may, by gazette notice, amend or revoke the road closure. (3) A notice of a road closure or amendment of a road closure must specify the day it becomes effective. 924 Provision of works for mall (1) A local government may undertake and provide the works necessary or desirable for establishing a mall in a road. (2) The local government also may do everything incidental to undertaking or providing the works.

s 925 552 Local Government Act 1993 s 929 925 Establishment of mall The Governor in Council may, by gazette notice, nominate a day (the mall opening day ) on which a road closed to traffic for a proposed mall is to reopen as a mall. 926 Closure of mall The Governor in Council may, by gazette notice, declare that a specified road ceases to be a mall on a specified day. 927 Operation of mall (1) A local government may do everything necessary or desirable for the promotion, development, management, maintenance, cleaning, operation and use of a mall. (2) A local government also may do everything incidental to its powers under subsection (1). (3) The local government may permit the use of any part of the mall, including the erection of any structure, on the conditions it considers appropriate. (4) The local government may exercise any of its powers in relation to the mall before the mall opening day if it is necessary or desirable for the mall’s benefit immediately on its establishment. 928 Control of vehicles and animals in malls A local government may, by local law, regulate the entry of vehicles and animals into, and the presence and use of vehicles and animals in, malls. 929 No entitlement to compensation for mall A person has no entitlement at law to compensation for injurious affection to any right or interest of a business, commercial or industrial nature because of— (a) the existence of a mall; or (b) anything done under this part.

s 930 553 Local Government Act 1993 s 934 Part 4 Marine and aquatic matters 930 Ferry service in local government area A local government has the exclusive right to provide a ferry service across a watercourse at a place where the land forming both banks of the watercourse is in its area. 931 Ferry service on boundary of local government areas If a watercourse is the boundary between 2 or more local government areas, the Governor in Council may, by regulation, declare that a specified local government has exclusive control of— (a) provision of a service by ferry across the watercourse at a place where it forms the boundary; and (b) all proper approaches to the ferry and the part of either bank of the watercourse that, in the Governor in Council’s opinion, is necessary for the convenient construction and use of the ferry and the proper approaches to it. 932 Lease of ferries A local government may lease the right to operate a ferry, alone or with the land under its control that is required for the use of the ferry, for the period and on the terms it considers appropriate. 933 Local laws about ferries A local government may make local laws for managing and regulating the use of ferries operated or leased by it. 934 Harbours, jetties, breakwaters and ramps (1) A local government may construct, maintain, manage and regulate the use of—

s 934A 554 Local Government Act 1993 s 934A (a) harbours for small vessels in or over tidal waters; and (b) jetties, breakwaters and ramps in or over tidal waters. (2) A local government may exercise powers under subsection (1) for a harbour or proposed harbour whether its waters are within or outside the limits of a port under the Transport Infrastructure Act 1994 . (3) A local government may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers. (4) While the local government occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be in its area. (5) This section has effect subject to the Land Act 1994 . 934A Canals (1) A local government may make local laws about each of the following matters for a canal in its area— (a) the movement and use of vessels, and the use of structures, in the canal; (b) the obligations of the owner of a structure in the canal, including, for example, obligations about maintaining the structure in a safe condition; (c) if, under the Coastal Protection and Management Act 1995 , the local government must maintain the canal and keep it clean—the maintenance and cleaning of the canal. 43 (2) Subsection (1) is subject to the Transport Operations (Marine Safety) Act 1994 . (3) In this section— canal means a canal as defined under the Coastal Protection and Management Act 1995 , section 9. owner , of a structure, means— 43 For the canals a local government must maintain and keep clean, see the Coastal Protection and Management Act 1995 , section 121.

s 935 555 Local Government Act 1993 s 936 (a) the holder of a development permit or compliance permit under the Sustainable Planning Act 2009 to build the structure; or (b) the owner of the land receiving the benefit of the structure or to which the structure is connected. 935 Management and regulation of bathing reserves (1) In this section— seashore means— (a) foreshore; or (b) State land above high-water mark at ordinary spring tides that is ordinarily covered by sand or shingle. State land does not include land that is subject to a licence, permit or other authority granted under an Act by the State. (2) The Governor in Council may, by gazette notice, place under the control of a local government as a bathing reserve— (a) a part of the seashore; and (b) land under the sea adjacent to that part of the seashore and seawards for a distance not more than 1km beyond low-water mark at ordinary spring tides; and (c) sea above that part of the seashore and land. (3) The local government may— (a) manage and regulate the use of the bathing reserve; or (b) construct and maintain enclosures, structures and facilities in the bathing reserve; or (c) provide, or authorise someone else to provide, lifesaving services for the bathing reserve. (4) While the bathing reserve is under the local government’s control, the bathing reserve is taken to be in its area. 936 Control of foreshore (1) The Governor in Council may, by gazette notice, place foreshore under the control of—

s 937 556 Local Government Act 1993 s 938 (a) the local government of the local government area adjoining the foreshore; or (b) if there is no local government area adjoining the foreshore—the local government of a local government area convenient to the foreshore. (2) The local government may manage and regulate the use of the foreshore. (3) While the foreshore is under the local government’s control, the foreshore is taken to be in its area. Part 5 Local government control over levee banks Division 1 Jurisdiction of local governments 937 Limited exclusion of jurisdiction of local government The jurisdiction of a local government under this part to prohibit or regulate the construction and maintenance of levee banks does not extend to a part of its area included in an approved plan within the meaning of the Soil Conservation Act 1986 . Division 2 Control of levee banks 938 Regulation of levee banks etc. (1) Subject to section 854, a local government may, by a local law— (a) prohibit construction of levee banks without the local government’s permission; and (b) regulate the construction and maintenance of levee banks; and

s 939 557 Local Government Act 1993 s 939 (c) require changes to levee banks constructed before or after the commencement of this part, although their construction may have complied with the requirements and approval of the local government. (2) A local law prohibiting construction of levee banks without the local government’s permission must provide for— (a) particulars to be supplied by an applicant for the local government’s permission; and (b) public notice of applications for the local government’s permission to be given by advertisement at least twice in a newspaper circulating generally in the local government’s area; and (c) submissions supporting or objecting to applications and the requirements applying to the submissions; and (d) procedures of the local government in considering and deciding applications; and (e) all other issues the local government considers necessary for properly disposing of applications. 939 Decision on application for permission (1) If a local government decides to give permission for a levee bank construction, it may decide the permission is subject to conditions. (2) The decision on an application must— (a) be given to the applicant by written notice; and (b) be given to each person who made a submission on the application; and (c) if the decision is to give permission, but the permission is to be subject to conditions—specify the conditions. (3) If the permission is refused or is subject to conditions, the written notice must be accompanied by a QCAT information notice for the decision. (4) A local government must give a QCAT information notice for a decision about an application only if subsection (3) so requires.

s 940 558 Local Government Act 1993 s 941 940 Issue of permit (1) A permission has effect only if a permit is issued setting out the terms of the permission. (2) A permit must not be issued before the end of 30 days after notice of the decision is given under section 939(2). (3) However, if an application for review is made within the 30 days, a permit may be issued only if— (a) the decision on the application for review confirms the giving of the permission, with or without conditions, or with changed conditions, applying to the permission; or (b) the application for review is refused or discontinued. (4) An issued permit is subject only to the conditions stated in the permit. 941 Application for permission for existing levee banks (1) If, when a local law mentioned in section 938 commences, there is on land to which the local law applies a levee bank that, in the local government’s opinion, affects or is likely to affect natural drainage to an extent that it causes or may cause damage to land or a public work, service or undertaking, the local government may, by written notice, require the owner of the land to apply to it within a specified reasonable period for permission to keep the levee bank or part of the levee bank. (2) This part applies to an application made in response to a requirement under subsection (1) as if the application were an application for permission to construct the levee bank or part concerned. (3) A person must not keep on the person’s land, or allow another person to keep on the person’s land, a levee bank or part of a levee bank to which a requirement under subsection (1) applies— (a) after the end of the period allowed by the request for applying for the local government’s permission to keep the levee bank or part of the levee bank, if the application has not been properly made; or

s 942 559 Local Government Act 1993 s 955A (b) after the local government’s permission has been refused; or (c) in breach of the conditions stated in a permit issued by the local government. Maximum penalty—50 penalty units. (4) If a person convicted of an offence against subsection (3) continues to commit the offence, the person commits a continuing offence. Maximum penalty—1 penalty unit for each day on which the offence is continued. Division 3 Review by QCAT 942 Who may apply for review A person dissatisfied by a decision of a local government on an application may apply, as provided under the QCAT Act, to QCAT for a review of the decision. Division 4 Effect of part 955 Effect of part on legal rights and remedies A permission given on an application under this part does not affect a right or remedy a person had about a levee bank the subject of the permission. Part 6 Kuranda rail line Division 1 Preliminary 955A Definitions for pt 6 In this part—

s 955B 560 Local Government Act 1993 s 955C free of charge , for a journey on the Kuranda rail line, means a journey provided without any of the following— (a) payment or other consideration; (b) requiring, or asking for, a donation, levy or other monetary contribution for the journey including, for example, the purchase of a ticket in a raffle; (c) displaying a receptacle, whether on the train used for the journey or elsewhere, in a way that suggests a donation is expected or required to travel on the rail line. Kuranda rail line means the rail line between Cairns and Kuranda. Kuranda rail operator means a person who, under the Transport Infrastructure Act 1994 , section 123, is accredited to operate rolling stock under that Act on the Kuranda rail line. tourist infrastructure levy see section 955B(1). Division 2 Tourist infrastructure levy 955B Imposition of levy (1) A levy (the tourist infrastructure levy ) is imposed on each Kuranda rail operator for the period from the commencement of this section to 1 April 2014. (2) The levy is at the rate of $1 for each passenger journey to or from Kuranda on the Kuranda rail line provided by the operator during the period, other than a journey provided free of charge. (3) For subsection (2), a return journey is taken to be a single journey. 955C Payment of levy Each Kuranda rail operator must, within 3 weeks after the end of each quarter year for which the tourist infrastructure levy is imposed, pay the State the amount of the levy imposed on it during the quarter.

s 955D 561 Local Government Act 1993 s 955G 955D Unpaid levy interest (1) A Kuranda rail operator must pay interest on an amount owing under section 955C unpaid from time to time. (2) Interest accrues daily at the rate of 10% per annum on the unpaid amount on and from the day after it is owing until it is paid in full. 955E Recovery of unpaid amounts If a Kuranda rail operator does not pay an amount owing under section 955C or 955D, the State may recover it from the operator as a debt. Division 3 Miscellaneous provisions 955F Obligation to give annual statements (1) Each Kuranda rail operator must, within 4 months after each financial year ends, give the chief executive a written statement for the year that complies with subsection (2). Maximum penalty—20 penalty units. (2) The statement must— (a) state how many passenger journeys on the Kuranda rail line were provided by the operator during the financial year, other than journeys provided free of charge; and (b) if a form is approved for the statement—be in the approved form. (3) For subsection (1), the period from the commencement of section 955B to 30 June 2001 is taken to be a financial year. (4) The approved form may require the statement to be made or verified by statutory declaration. 955G How levy is to be applied Amounts received by the State for payment of the tourist infrastructure levy must be paid to the Mareeba Shire Council in the way, and on the conditions, decided by the Minister.

s 955H 562 Local Government Act 1993 Division 4 Expiry of part 6 955H Expiry This part expires on 30 June 2015. s 956A Part 7 Stormwater drainage 956 Local government may require stormwater to discharge to its stormwater drainage (1) A local government may, by written notice, require the owner of premises to connect a stormwater installation for the premises to the local government’s stormwater drainage in the way, under the conditions and within the time stated in the notice. (2) A way, condition or time stated in the notice must be reasonable in the circumstances of the notice. (3) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (3)—165 penalty units. 956A Approval required to connect (1) A person must not connect a stormwater installation for premises to a local government’s stormwater drainage unless— (a) the local government has given its approval for the connection; or (b) the local government has, by written notice, required the owner of the premises to connect the stormwater installation to the local government’s stormwater drainage. Maximum penalty—165 penalty units.

s 956B 563 Local Government Act 1993 s 956C (2) The local government may impose conditions on an approval mentioned in subsection (1), including conditions about the way the connection must be made. (3) A person who connects a stormwater installation under an approval mentioned in subsection (1) must comply with the conditions imposed on the approval under subsection (2). Maximum penalty for subsection (3)—165 penalty units. 956B Sanitary drainage must not connect to stormwater drainage (1) The owner of premises must not connect, or allow an on-site sewerage facility, sanitary drainage or property sewer for the premises to be connected, to any part of a stormwater installation for the premises or local government’s stormwater drainage. Maximum penalty—165 penalty units. (2) An owner of premises who becomes aware that an on-site sewerage facility, sanitary drainage or property sewer for the premises is connected to any part of a stormwater installation for the premises or local government’s stormwater drainage, must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drainage. Maximum penalty—165 penalty units. 956C Owner may be directed to do certain work (1) This section applies if there is, on premises, any connection of sanitary plumbing, sanitary drainage or a discharge from an on-site sewerage facility to— (a) a stormwater installation on the premises; or (b) the local government’s stormwater drainage. (2) The local government may, by written notice, require the owner of the premises to perform, within the time stated in the notice, the work stated in the notice. (3) The time stated in the notice must be—

s 956D 564 Local Government Act 1993 s 956E (a) a time that is reasonable in the circumstances; and (b) subject to subsection (4), at least 1 month after the notice is given to the owner. (4) The time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice— (a) is required to stop a serious health risk continuing; or (b) relates to a connection that is causing damage to the local government’s stormwater drainage. (5) The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the on-site sewerage facility, sanitary plumbing or sanitary drainage. (6) Without limiting subsection (5), the notice may require the owner— (a) to remedy a contravention of this Act; or (b) to disconnect something connected to stormwater drainage without the local government’s approval. (7) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (7)—165 penalty units. 956D Prohibition on discharge of prohibited substances and trade waste into stormwater drainage (1) A person must not discharge a prohibited substance into stormwater drainage. Maximum penalty—1000 penalty units. (2) A person must not discharge trade waste into stormwater drainage. Maximum penalty—1000 penalty units 956E Cost of repairing damaged stormwater drainage (1) This section applies if—

s 956F 565 Local Government Act 1993 s 956G (a) in contravention of section 956D, a person discharges a prohibited substance into a local government’s stormwater drainage; and (b) the discharge causes damage to the stormwater drainage. (2) The local government may perform work to fix the damage, and may recover the reasonable costs for the work from the person who discharged the prohibited substance. (3) The costs mentioned in subsection (2) are in addition to any penalty imposed for the discharge. 956F Interference with path of stormwater (1) A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant. Maximum penalty—165 penalty units. (2) Subsection (1) does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate. Part 8 Special entertainment precincts 956G Establishment of special entertainment precinct (1) A local government may, subject to subsections (3) and (4), establish a special entertainment precinct in its area. (2) The effect of establishing a special entertainment precinct is that— (a) noise from amplified music played at relevant licensed premises in the precinct’s core area is regulated by the

s 956G 566 Local Government Act 1993 s 956G local law mentioned in subsection (3)(b) instead of the Liquor Act 1992 ; 44 and (b) requirements imposed under a planning scheme or development approval made or given under the Sustainable Planning Act 2009 about noise attenuation apply in relation to particular kinds of development in the precinct. (3) To establish a special entertainment precinct, the local government must— (a) amend its planning scheme to identify the special entertainment precinct and the part of the precinct (the precinct’s core area ) in which the local law mentioned in paragraph (b) applies; and (b) make a local law— (i) regulating noise from amplified music from all or any relevant licensed premises or other premises in the precinct’s core area; and (ii) providing for the issue of licences, permits or other authorities for all or any relevant licensed premises or other premises in the precinct’s core area. (4) A special entertainment precinct must not include a major sports facility under the Major Sports Facilities Act 2001 . (5) A local law made under subsection (3)(b) does not apply to an activity for a motor racing event under the Motor Racing Events Act 1990 carried on by or with the permission of the person who, under that Act, is the promoter for the year in which the event is held. 45 (6) In this section— relevant licensed premises means licensed premises under the Liquor Act 1992 — (a) that are in the precinct’s core area; and (b) from which amplified music emanates. 44 See the Liquor Act 1992 , section 187 (Abatement of nuisance or dangerous activity). 45 See also the Motor Racing Events Act 1990 , section 12 (Certain Acts and laws not to apply).

s 957 567 Local Government Act 1993 s 957 Chapter 14 Rates and charges Part 1 General Division 1 Rateable land 957 What land is rateable (1) All land is rateable land other than— (a) vacant State land; and (b) land occupied by the State or a government entity (other than a non-exempt GOC), except under a lease from a private person; and (c) land in a state forest or timber reserve, other than land occupied under an occupation permit or stock grazing permit under the Forestry Act 1959 or under a lease under the Land Act 1994 ; and (d) Aboriginal land under the Aboriginal Land Act 1991 or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 , other than land used for commercial or residential purposes; and (e) the following land under the Transport Infrastructure Act 1994 — (i) strategic port land occupied by a port authority, the State, or a government entity; (ii) existing or new rail corridor land; (iii) commercial corridor land that is not subject to a lease; and (ea) airport land, within the meaning given by the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge; and (f) land exempt from rating under an Act or a regulation made under this Act.

s 958 568 Local Government Act 1993 s 958 (2) A regulation under subsection (1)(f) may, for example, exempt from rating land used for religious, charitable, educational or public purposes. (3) If part of a parcel of land mentioned in subsection (1)(d) is used for commercial or residential purposes and another part (the remainder ) of the parcel is used for other purposes, the remainder is not rateable land, even though the other part of the parcel is rateable land. (4) A reference in subsection (1)(e)(i) to strategic port land occupied by a port authority includes strategic port land, used in connection with Cairns International Airport or Mackay Airport, occupied by a wholly owned subsidiary of a port authority. (5) Subsection (1)(ea) stops applying to land on the earlier of—— (a) the coming into force of a development permit under the Sustainable Planning Act 2009 for the land for a use other than a use mentioned in subsection (1)(ea); or (b) the start of development within the meaning of Sustainable Planning Act 2009 , other than reconfiguring a lot, for a use other than a use mentioned in subsection (1)(ea). (6) In this section— non-exempt GOC means a GOC, or a subsidiary of a GOC, within the meaning of the Government Owned Corporations Act 1993 other than a GOC or subsidiary that is exempt from rating under an Act in relation to the relevant land. private person means a person other than the State or a government entity. Division 2 Averaging of valuations 958 Application to Brisbane City Council This division applies to the Brisbane City Council.

s 959 569 Local Government Act 1993 s 960 959 Local government may decide to average land values for rating purposes (1) A local government may decide by resolution that, for the purpose of making and levying rates for a financial year on rateable land in its area, the unimproved value of the land is to be its averaged value under this division. (2) The resolution must specify whether the averaged value must be calculated under section 960 or section 961. 960 Averaging over 3 years (1) If this section applies to a financial year, the averaged value of rateable land for the financial year is the lesser of— (a) the land’s effective value for the financial year; or (b) the amount calculated as follows— (i) if the land has effective values for the financial year and each of the previous 2 financial years—the average of the 3 effective values; (ii) in any other case—an amount equal to the land’s effective value for the financial year multiplied by the averaging factor. (2) In subsection (1)— averaging factor , for a financial year, means the number calculated, to 2 decimal places, using the formula— -- T ----- 3V where— T means the total of the effective values of all rateable land in the local government’s area for the financial year and the previous 2 financial years. V means the effective value of all rateable land in the local government’s area for the financial year.

s 961 570 Local Government Act 1993 s 962 961 Averaging over 2 years (1) If this section applies to a financial year, the averaged value of rateable land for the financial year is the lesser of— (a) the land’s effective value for the financial year; or (b) the amount calculated as follows— (i) if the land has effective values for the financial year and the previous financial year—the average of the 2 effective values; (ii) in any other case—an amount equal to the land’s effective value for the financial year multiplied by the averaging factor. (2) In subsection (1)— averaging factor , for a financial year, means the number calculated, to 2 decimal places, using the formula— -- T ----- 2V where— T means the total of the effective values of all rateable land in the local government’s area for the financial year and the previous financial year. V means the effective value of all rateable land in the local government’s area for the financial year. 962 Information available to calculate averaging factor A local government may calculate the averaging factor using only the effective values of which it is aware at the time of making its resolution.

s 963 571 Local Government Act 1993 s 966 Part 2 Making and levying rates and charges 963 Power to make and levy rates and charges A local government may, for a financial year, make and levy— (a) a general rate or differential general rates; and (b) minimum general rate levies; and (c) separate rates and charges; and (d) special rates and charges; and (e) utility charges. 964 Making of rates and charges A rate or charge mentioned in section 963 may only be made for a financial year by resolution at the local government’s budget meeting for the year. 965 General rate or differential general rates must be made each year A local government must make a general rate or differential general rates for each financial year. 966 Differential general rate (1) Before a differential general rate is made and levied, rateable land must be categorised into 2 or more categories under part 3. (2) A differential general rate made and levied on rateable land in a category may be the same as or different to the differential general rate made and levied on land in another category. (3) If a local government makes and levies a differential general rate for rateable land for a financial year, the local government must not make and levy a general rate for the land for the year.

s 967 572 Local Government Act 1993 s 968 (4) A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land. (5) To avoid doubt, it is declared that a differential general rate may be made and levied on a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 . 967 Minimum general rate levy (1) A local government may identify rateable land for the purpose of making and levying a minimum general rate levy in any way it considers appropriate. (2) Subject to subsection (3) and sections 968 and 969, a local government may, for a financial year, make and levy not more than 1 minimum general rate levy on rateable land. (3) However, if a local government makes and levies a differential general rate for the financial year, the local government— (a) may make and levy different minimum general rate levies on rateable land in different categories; but (b) must not make and levy more than 1 minimum general rate levy for rateable land in a category. (4) A local government must not make and levy a minimum general rate levy for a parcel of land if— (a) the Valuation of Land Act 1944 , section 25, applies to the parcel; and (b) under that section, the parcel’s discounted valuation period has not ended. 968 Minimum general rate levy on time shared property (1) This section applies to a local government levying a minimum general rate levy on— (a) rateable land where there is a structure wholly or partially subject to a time share scheme; or (b) a lot within the meaning of a community titles Act, or a lot included in a community titles scheme under the

s 969 573 Local Government Act 1993 s 970 Body Corporate and Community Management Act 1997 , where there is a structure wholly or partially subject to a time share scheme. (2) The local government may decide that the minimum general rate levy is to be worked out using the formula— L × RU where— L means the minimum general rate levy that would, apart from this section, be payable for the rateable land or the lot. RU means the number of units of the structure that are subject to the time share scheme and are available at any time for separate exclusive occupation. 969 Minimum general rate levy on mining tenements (1) A local government may decide that the minimum general rate levy on land mentioned in subsection (2) is different to the minimum general rate levy on other rateable land in its area. (2) Subsection (1) applies to rateable land if the land is— (a) a mining claim; or (b) a mining lease granted for mining for minerals of not more than 2ha; or (c) a mining lease granted for a purpose associated with mining for minerals of not more than 4ha. (3) A local government also may decide that different minimum general rate levies apply to— (a) a mining claim of not more than 900m 2 ; and (b) a mining claim of more than 900m 2 ; and (c) a mining lease mentioned in subsection (2). 970 Unimproved value of mining claims The unimproved value of a mining claim is—

s 971 574 Local Government Act 1993 s 971 (a) for a mining claim of not more than 900m 2 —$150 or, if a greater amount is prescribed by regulation, the greater amount; or (b) for a mining claim of more than 900m 2 —$450 or, if a greater amount is prescribed by regulation, the greater amount. 971 Special rates and charges (1) A local government may make and levy a special rate or charge on rateable land if— (a) the rate or charge is for a service, facility or activity; and (b) in the local government’s opinion— (i) the land, or the occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (ii) the occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. Examples for subsection (1)(b)(i) — a rural fire services charge to raise funds for a rural fire brigade to purchase or maintain equipment to service only part of the local government’s area a tourism promotion charge levied on land used for businesses that would benefit from tourism promotion in the local government’s area a recreational facilities charge levied over a 2 year period to contribute to the cost of building playground facilities and amenities in a nominated park in part of the local government’s area a cultural centre charge levied over an 8 year period to contribute to the cost of building a centre in part of the local government’s area (e.g. 1 of 2 towns in the area), with construction to start within a certain number of years after the charge is first levied a charge, levied over a 20 year period, to repay a loan for the construction of a drainage system in part of the local government’s area, from which some land would commence receiving a benefit in a year and the remainder in a later year of the 20 year period Example for subsection (1)(b)(ii) — an entity that relies on road transport for its business specially contributes to the wear and tear on a local road adjoining its property

s 971 575 Local Government Act 1993 s 971 and is likely to need a higher standard of road than the occupiers of other properties adjoining the road (2) The special rate or charge may be made and levied on the bases the local government considers appropriate. (2A) The local government may fix a minimum amount of a special rate. (3) Without limiting subsection (2), the amount of the special rate or charge may vary according to the extent to which, in the local government’s opinion— (a) the land, or the occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (b) the occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. (4) The local government’s resolution making the special rate or charge must identify— (a) the rateable land to which the rate or charge applies; and (b) the overall plan for the supply of the service, facility or activity. (4A) The overall plan must— (a) be adopted by the local government by resolution either before, or at the same time as, the local government first makes the special rate or charge; and (b) identify the rateable land to which the rate or charge applies; and (c) describe the service, facility or activity; and (d) state the estimated cost of implementing the overall plan; and (e) state the estimated time for implementing the overall plan. (4B) Under an overall plan, a special rate or charge may be made and levied for 1 or more years before any of the funds received by the local government from the special rate or charge are expended in implementing the plan.

s 971A 576 Local Government Act 1993 s 971A (4C) If an overall plan will not be implemented within 1 year, the local government must, at or before the budget meeting for each year of the period for implementing the overall plan, by resolution, adopt an annual implementation plan for the year. (4D) The local government may, by resolution, at any time, amend an overall plan or an annual implementation plan. (5) The local government may identify parcels of rateable land to which the rate or charge applies in any way it considers appropriate. (6) Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— (a) all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or (b) all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted. (7) To remove any doubt, it is declared that a local government may make and levy a special rate or charge under subsection (1) for a service, facility or activity whether or not supplied or undertaken by the local government itself, including a service, facility or activity supplied or undertaken by another local government— (a) in the other local government’s area; and (b) under arrangements entered into, under section 59, by the local governments. 971A Adjustment of special rates and charges (1) If more funds are received by a local government from a special rate or charge made and levied in a financial year than are expended in carrying out the implementation plan for the year, the local government may carry the unexpended funds forward for expending under an implementation plan in a future financial year. (2) A special rate or charge is not invalid merely because a local government made and levied a special rate or charge on land to which section 971(1)(b) did not apply.

s 971B 577 Local Government Act 1993 s 971B (3) If a local government makes and levies a special rate or charge on land to which section 971(1)(b) does not apply, the local government must return the funds received to the person on whom the special rate or charge was levied. (4) If a local government has funds received from a special rate or charge remaining after an overall plan is implemented, or after the local government decides not to fully implement an overall plan, the local government must, as soon as practicable after the plan is implemented or the decision is made, pay the remaining funds, in the same proportions as the special rate or charge was last levied, to the current owners of the land on which the special rate or charge was levied. (5) However, subsection (4) does not apply if section 971B applies to the remaining funds. 971B Refund of special rates and charges—special circumstances (1) This section applies if— (a) the local government decides not to fully implement an overall plan that has been partly implemented; and (b) the local government has funds received from a special rate or charge remaining; and (c) the plan identifies, for different stages of its implementation, the rateable land, or occupiers of the land, that will benefit from, or have access to, the service, facility or activity. (2) As soon as practicable after making the decision, the local government must pay the remaining funds, in the reasonable proportions decided by the local government by resolution, to the current owners of the land on which the special rate or charge was levied. (3) The local government must decide the proportions having regard to the following— (a) the proportions in which the rate or charge has been levied on each parcel of rateable land; (b) the extent to which the land, or its occupiers, benefits from, or has access to, the service, facility or activity.

s 972 578 Local Government Act 1993 s 973 972 Separate rates and charges (1) A local government may make and levy a separate rate or charge for a service, facility or activity in the way it considers appropriate. (2) The local government may fix a minimum amount of a separate rate. (3) To remove any doubt, it is declared that a local government may make and levy a separate rate or charge for a service, facility or activity whether or not the service, facility or activity is supplied by the local government itself. 973 Utility charges (1) A local government may make and levy a utility charge on— (a) any land, whether vacant or occupied, and whether or not it is rateable land; or (b) a structure. (2) A utility charge may be for— (a) supplying water, gas or sewerage services; or (b) occupied land or a structure—supplying cleansing services. (3) A local government may, under section 973AA, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed. (4) A utility charge may be made and levied on the bases a local government considers appropriate. (5) Without limiting subsection (4), the amounts of utility charges may differ on the basis of— (a) the use made of particular land, or a particular structure or a class of land or structure; or (b) the unimproved value of particular land; or (c) any other circumstances peculiar to the supply of the relevant service to particular land, a particular structure or a class of land or structure.

s 973 579 Local Government Act 1993 s 973 (6) To remove any doubt, it is declared that a local government may make and levy a utility charge for a service whether or not the service is supplied by the local government itself. (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 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.

s 973 580 Local Government Act 1993 s 973 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 350kL; 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 963 and 964 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) — 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.

s 973AA 581 Local Government Act 1993 s 973A 973AA Utility charges for facilities under construction (1) A local government may, for a financial year, make and levy a utility charge for supplying water or sewerage services before construction of the facilities for supplying the services is completed if, when the charge is made and levied— (a) either— (i) construction of the facilities has started; or (ii) the local government intends that construction of the facilities will start during the financial year and has included, in its budget for the year, the funds necessary for construction to start; and (b) the local government reasonably believes the services will be supplied within the next financial year. (2) The utility charge is not invalid merely because the services are not supplied within the next financial year because of circumstances beyond the local government’s control. 973A Validity of particular utility charges (1) This section applies to a local government to which chapter 10 applies. (2) A utility charge made and levied by the local government for supplying water or sewerage services is not invalid merely because the local government did not comply with chapter 10.

s 976 582 Local Government Act 1993 s 977 Part 3 Categorisation of land for differential rating Division 1 Categorisation of land 976 Land must be categorised for differential general rates A local government may make and levy a differential general rate for a financial year only if all the rateable land in its area has been categorised under this part. 977 Establishing criteria and categories Before making and levying a differential general rate for a financial year, a local government must decide by resolution— (a) the categories into which rateable land in its area is to be categorised; and (b) the criteria by which land is to be categorised. Example — If the categories decided by a local government for rateable land are residential land, commercial and industrial land, grazing and livestock land, rural (sugar cane) land, rural (other) land, sugar milling land and other land, the criteria for the categories might be as follows— (a) for residential land—land used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages; (b) for commercial and industrial land—land used solely for commerce and industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; (c) for grazing and livestock land—land— (i) used, for commercial purposes, for grazing and livestock; and (ii) to which a concession under the Valuation of Land Act 1944 , section 17(1) applies; (d) for rural (sugar cane) land—land used for producing sugar cane; (e) for rural (other) land—land that is not— (i) in an urban centre or locality; or

s 978 583 Local Government Act 1993 s 980 (ii) used for grazing and livestock; or (iii) rural (sugar cane) land or sugar milling land; (f) for sugar milling land—land used for manufacturing sugar; (g) for other land—land not mentioned in paragraphs (a) to (f). 978 Identification of categories for parcels of land (1) After the categories and criteria have been decided, all rateable land in the local government’s area must be categorised by the local government identifying the category in which each parcel of rateable land is included. (2) The category in which a parcel of rateable land is included may be identified in any way the local government considers appropriate. 979 Specification of categories for parcels of land (1) If a local government resolves to make and levy a differential general rate, the resolution must specify the categories in which rateable land is to be included. (2) The rateable land included in a category may be identified in any way the local government considers appropriate. (3) The accidental omission from categorisation of parcels of rateable land does not prevent the making and levying of the differential general rate. Division 2 Entry on land for categorisation 980 Meaning of authorised person for division In this division— authorised person means— (a) a person authorised by a local government for this division; or (b) a member of the Land Court; or (c) a person authorised by a member of the Land Court for this division.

s 981 584 Local Government Act 1993 s 982 981 Purposes for which powers may be exercised An authorised person may exercise the powers mentioned in section 982 only for the purpose of— (a) deciding the categories into which rateable land in a local government area is to be categorised or the criteria by which it is to be categorised; or (b) identifying the category in which a parcel of rateable land should be included; or (c) deciding an objection or appeal about the categorisation of land. 982 Power of entry (1) An authorised person may— (a) enter on land at any reasonable time; and (b) inspect the land and the uses made of the land; and (c) do anything reasonable and necessary to exercise powers under paragraphs (a) and (b). (2) Before entering on the land, the authorised person must— (a) obtain the agreement of the occupier or, if there is no occupier, an owner of the land; or (b) give at least 14 days notice to the person mentioned in paragraph (a) of— (i) the person’s intention to enter on the land; and (ii) the proposed purpose in entering on the land; and (iii) the day and time when the person proposes to enter the land. (3) In exercising a power under subsection (1), an authorised person must take all reasonable steps to ensure the person causes as little inconvenience, and does as little damage, as is practicable.

s 983 585 Local Government Act 1993 s 983 Division 3 Notice of categorisation 983 Notice to owner of categorisation (1) If a local government resolves, for a financial year, to make and levy a differential general rate on land, a rate notice mentioned in subsection (2) must contain or be accompanied by a statement that complies with subsection (3). (2) Subsection (1) applies to— (a) the first rate notice given to the owner of the land during the financial year; and (b) a later rate notice given to the owner of the land during the financial year only if either of the following has changed since the previous rate notice was given to the owner— (i) the rating category in which the land is included; (ii) the owner of the land. (3) The statement must— (a) specify the categories of rateable land in its area (the rating categories ) and the criteria by which land is categorised; and (b) specify the rating category in which the owner’s land is included; and (c) inform the owner— (i) that the owner may object to the categorisation of the land by giving to the local government notice of objection, in the form approved by the local government, within 30 days after the date of issue of the rate notice or any further period the local government allows; and (ii) that the sole ground on which the owner may object is that, having regard to the criteria decided by the local government by which rateable land is categorised, the land should have been included, as at the date of issue of the rate notice, in another of the rating categories; and

s 984 586 Local Government Act 1993 s 985 (iii) that giving a notice of objection will not, in the meantime, affect the levy and recovery of rates; and (iv) that, if the owner’s land is included in another rating category because of the objection, an adjustment of rates will be made. (4) A statement including the information mentioned in subsection (3) may be contained in or accompany any other rate notice. Division 4 Objections and appeals 984 Owner’s objection to categorisation (1) An owner of rateable land categorised under division 1 may object to the categorisation of the land on the sole ground that, having regard to the criteria decided by the local government by which rateable land is categorised, the land should have been included, as at the date of issue of the relevant rate notice, in another rating category. (2) The objection must be made by giving notice of the objection to the local government. (3) The notice of the objection must— (a) be given within 30 days after the date of issue of the rate notice or any further period the local government allows; and (b) be in the form approved by the local government; and (c) nominate the rating category in which the owner claims the land should have been included; and (d) specify the facts and circumstances on which the claim is based. 985 Decision on owner’s objection (1) If the owner of rateable land objects to the categorisation of the land, a person authorised by the local government for the purpose must—

s 986 587 Local Government Act 1993 s 987 (a) consider the categorisation of the land; and (b) consider the facts and circumstances on which the claim is based. (2) The person may— (a) allow the objection; or (b) disallow the objection; or (c) decide that the land should be included in another rating category. (3) The person must decide the objection, and give written notice of the decision to the owner, within 60 days after the end of the period within which the objection had to be made. (4) The notice must include the reasons for the decision. 986 Effect of decision on objections (1) Unless it is set aside on appeal, the decision on an objection to the categorisation of land has effect under this section. (2) If the decision allows the objection, the land is taken to be included, for the period for which the relevant rate notice is issued, in the category nominated by the objector in the notice of objection. (3) If the decision disallows the objection, the land continues to be included in the category specified in the relevant rate notice. (4) If the decision is that the land should be in another rating category, the land must be included in the category for the period for which the relevant rate notice is issued. 987 Right of appeal against decision If the owner of rateable land is aggrieved by— (a) the decision on an objection to the categorisation of the land; or (b) the failure by the local government to allow a further period to give a notice of objection;

s 988 588 Local Government Act 1993 s 990 the owner may appeal to the Land Court against the decision or failure. 988 Where and how to start appeal (1) The appeal must be started by filing a notice of appeal in the Land Court registry. (2) The notice of appeal must— (a) be filed within 42 days after the owner received notice of the decision or failure; and (b) be in a form approved by the Land Court. (3) The owner must give a copy of the notice of appeal to the local government within 7 days after the notice of appeal is filed in the Land Court registry. (4) Failure to comply with subsection (3) does not affect the making of the appeal or the jurisdiction of the Land Court to decide the appeal, but costs of any adjournment caused by the failure may be awarded against the owner of the land. 989 Constitution and procedure of Land Court (1) When exercising jurisdiction in an appeal under this division, the Land Court— (a) is constituted by 1 member; and (b) is not bound by rules of evidence. (2) The appeal must be conducted as directed by the Land Court with a view to its prompt disposal. 990 Decision on appeal by Land Court (1) In deciding an appeal against a decision on an objection to the categorisation of land, the Land Court may— (a) set aside the decision and decide that the land should be included in a different rating category; or (b) disallow the appeal. (2) In deciding an appeal against a failure to allow a further period to give a notice of objection, the Land Court may—

s 991 589 Local Government Act 1993 s 993 (a) allow a further period to give the notice; or (b) disallow the appeal. (3) If the Land Court sets aside the decision on the objection, the land is taken to be included in the category decided by the Land Court for the period for which the relevant rate notice is issued. 991 Levy and recovery of rate unaffected by objection or appeal The making of an objection, or the starting of an appeal, about the categorisation of land does not affect the levy and recovery of rates on the land. Division 5 Late categorisation 992 Late categorisation If rateable land in a local government area has been categorised and— (a) the local government is later satisfied, having regard to the criteria decided by the local government, that the land should be included in a different rating category; or (b) rateable land is not categorised by the local government because of accidental omission; or (c) land later becomes rateable land; or (d) land that was included in 2 or more parcels of rateable land, either in the same rating category or different rating categories, is later amalgamated into a single parcel; the local government must decide that the land should be included in a specified rating category. 993 Time of effect of late categorisation A decision under section 992 has effect—

s 994 590 Local Government Act 1993 s 995 (a) if the decision is made because of section 992(a)—for rates levied after the decision is made; or (b) if the decision is made because of section 992(b)—from the start of the relevant financial year; or (c) if the decision is made because of section 992(c)—from when the land became rateable land; or (d) if the decision is made because of section 992(d)—from the day of registration in the office of the registrar of titles of the survey plan of the amalgamation. Part 4 Land record of local government Division 1 Land record 994 Land record to be kept (1) A local government must keep a record of every parcel of rateable land in its area. (2) A land record must comply with the regulations. 995 Land record open to inspection (1) A land record is open to inspection. (2) A person may inspect particulars of land in a land record free of charge if the person is, or is the agent of a person who is— (a) an owner, lessee or occupier of the land; or (b) an owner, lessee or occupier of adjoining land. (3) For the purposes of subsection (2), the appointment of an agent must be evidenced in writing. (4) A person may otherwise inspect a land record on payment of the fee decided by the local government.

s 996 591 Local Government Act 1993 s 1000 996 Amendment of land record (1) The chief executive officer of a local government must ensure the particulars contained in its land record are amended whenever necessary to make the record comply with the regulations. (2) If an amendment of a land record (other than an amendment made because of an annual valuation of all rateable land in a local government area by the valuation authority) changes a rate that is or may be levied on land, the chief executive officer of the local government must immediately give a QCAT information notice for the amendment to the owner of the land. (3) A local government must give a QCAT information notice for an amendment of a land record only if subsection (2) so requires. Division 2 Review of decisions by QCAT to amend land record 999 Who may apply for review A person dissatisfied by an amendment of a land record, other than a removal of land under section 1051A, may apply, as provided under the QCAT Act, to QCAT for a review of the amendment. 1000 Powers of QCAT on review In deciding the review, QCAT may— (a) confirm the amendment; or (b) set aside the amendment and order the particulars previously contained in the land record be restored.

s 1004 592 Local Government Act 1993 s 1005 Division 3 Notices of change in ownership 1004 Notice of sale of land (1) In this section— vendor , for land that has been sold, means the person who was the land’s owner immediately before its sale. (2) If land is sold, the vendor must give the local government concerned written notice of the sale within 30 days after it happens. (3) The vendor complies with subsection (2) if— (a) the notice is given by the vendor’s agent in the sale; or (b) the vendor (or the vendor’s agent in the sale)— (i) properly completes a combined form for the sale; and (ii) files the form, together with the instrument of transfer of the land, with the registrar of titles within 30 days after the sale. (4) A notice mentioned in subsection (3)(a) must state each of the following— (a) the date of the sale; (b) the description of the land; (c) the full name and address of the vendor; (d) the full name and address of the land’s owner after the sale. 1005 Notice of surrender or forfeiture to State (1) A person who surrenders land, or an entitlement to occupy or use land, to the State must give to the local government written notice of the surrender within 30 days after the instrument of surrender is signed. (2) If land, or an entitlement to occupy or use land, is forfeited to the State, written notice of the forfeiture must be given to the local government, within 30 days after the forfeiture takes effect—

s 1006 593 Local Government Act 1993 s 1006A (a) for a forfeiture by action of the State—by the State; or (b) in any other case—by the person who makes the forfeiture. (3) A notice under subsection (1) or (2) must state the description of the land. 1006 Notice of change in ownership (1) In this section— required person , for land whose ownership has changed, means the person who was the land’s owner immediately before the change. (2) If ownership of any land in a local government area changes, except as mentioned in section 1004 or 1005, the required person must give written notice of the change to the local government within 30 days after the change happens. (3) The notice must specify— (a) the date of the change; and (b) the nature of the change; and (c) the description of the land; and (d) the full name and address of the land’s owner before the change; and (e) the full name and address of the land’s owner after the change. (4) The required person complies with subsection (2) if the notice is given by the person’s agent in dealing with the land. 1006A Notice of sale or change in ownership by new owner (1) If land is sold or ownership of land changes, the person who becomes the owner of the land immediately after the sale or change (the new owner ), or an agent of the new owner, may give the local government concerned written notice stating each of the following— (a) the date of the change; (b) the nature of the change;

s 1007 594 Local Government Act 1993 s 1008 (c) the description of the land; (d) the full name and address of the land’s owner before the change; (e) the full name and address of the new owner. (2) If the local government is satisfied of the sale or change— (a) it may record the new owner in its land record for levying rates; and (b) the new owner is the owner of the land for sections 1010 and 1011. 1007 Result of failure to give notice of change in ownership If written notice is not given as required by a section of this division (other than under section 1005(2)(a)), the person who was owner of the land immediately before the change in ownership— (a) is liable for payment of all rates levied on the land, and all interest accrued, before the earlier of the following, as if no change in ownership had happened— (i) the notice is given to the local government; (ii) the local government records a sale or change in ownership under section 1006A; and (b) commits an offence. Maximum penalty—5 penalty units. Part 5 Levying and payment of rates Division 1 Levying of rates 1008 Levying rates (1) A local government may levy a rate only by a rate notice given to—

s 1008 595 Local Government Act 1993 s 1008 (a) for a utility charge on a structure or land that is not rateable land—the person at whose request the service is supplied; and (b) in any other case—the person recorded in the local government’s land record as the owner of the land on which the rate is levied. (2) A local government must state on the rate notice— (a) the date the rate notice was issued; and (b) the date by which or the time within which the rate must be paid. (2A) The local government must also state on, or include with, the rate notice— (a) if the local government has decided 1 or more discount dates or 1 or more discount periods for payment of the rate— (i) the discount or information about how the discount is calculated; and (ii) whether the discount is to be allowed only if either or both of the following amounts are paid before any of the discount dates, or within any of the discount periods, for the rates— (A) another stated rate; or (B) an amount, including any interest on the amount, payable for work performed by the local government under section 1066; and (b) if the local government has resolved that a rate may be paid by instalments—requirements for payment by instalments. (2B) The local government may also state on a rate notice amounts, other than rates, that are payable to the local government. Example for subsection (2B) — licence fees (2C) If a local government includes an amount mentioned in subsection (2B) on a rate notice, it must be clear on the face of the rate notice that—

s 1008 596 Local Government Act 1993 s 1008 (a) the amount is not a rate; and (b) payment of the amount, whether before or after any discount date or discount period for a rate mentioned in the notice, does not affect any discount relating to the rate. (2D) Subsection (2E) applies if— (a) the local government receives payment of an amount (the amount received ) that is less than the total of all amounts, mentioned on a rate notice (the rate notice amounts ), that are payable to the local government; and (b) the person who pays the amount received does not specify which of the rate notice amounts the person is intending to pay. (2E) The local government must use the amount received in payment of the rate notice amounts in the following order— • overdue rates • a rate or rates levied by the rate notice • amounts, other than rates, that are payable to the local government. (3) A rate must be levied— (a) for a utility charge for supply of a water or gas service based on the quantity of water or gas supplied during a period as calculated by measurement at intervals—at the intervals the local government considers appropriate; and (b) in any other case—for the whole, one-half or one-quarter of the relevant financial year, as the local government considers appropriate. (4) Except for a charge mentioned in subsection (3)(a), rates must be levied on all persons liable to pay them for the same period of a financial year. (4A) If a person liable to pay a rate has paid the rate before the local government has given the person a rate notice for the period for which the rate is levied, the local government is not required to give the person a rate notice for the period. (5) In this section—

s 1009 597 Local Government Act 1993 s 1010 person includes— (a) for a utility charge under subsection (1)(a)—any of the following— (i) the Commonwealth; (ii) a Commonwealth instrumentality, agency, authority or entity; (iii) a division, branch or other part of a Commonwealth instrumentality, agency, authority or entity; and (b) in all cases—the State and a government entity. 1009 Rate may be levied or adjusted after end of financial year A local government may, in a financial year, levy a rate, or adjust a rate levy, even though its resolution for making the rate was made for an earlier financial year. Division 2 Payment of rates 1010 Person who is liable to pay rate (1) The owner for the time being of land is liable to pay a rate levied by a local government on the land. (2) The person at whose request a service is supplied to a structure or land that is not rateable land is liable to pay a rate levied by a local government for supplying the service. (3) If there is more than 1 owner or other person liable to pay a rate, all the owners or other persons are jointly and severally liable. (4) In this section— person has the same meaning as in section 1008.

s 1011 598 Local Government Act 1993 s 1014 1011 Liability to pay rate if change of ownership A local government may recover the whole amount of a rate payable for rateable land from the owner for the time being of the land. 1012 Continuing responsibility for rates on land that ceases to be rateable land (1) This section applies to land that ceases to be rateable land because of— (a) termination of the tenure of a holding; or (b) surrender or forfeiture of the land to the State; or (c) acquisition of the land by the State or the Commonwealth; or (d) exemption of the land from rating; or (e) the property description of the land ceasing to exist. (2) The owner of the land immediately before it ceased to be rateable land is taken to continue as the owner of the land, and the land is taken to continue to be rateable land, for the levy, collection or refund of a rate on the land for any period before it ceased to be rateable land. 1013 Where rates can be paid (1) A rate is payable at the local government’s public office. (2) Payment of a rate may be accepted at— (a) another place used by the local government to receive rate payments; or (b) a place of business of a person appointed by the local government to receive rate payments. 1014 Time within which rates must be paid (1) At its budget meeting, a local government must, by resolution, decide the date by which, or the time within which, each rate must be paid.

s 1015 599 Local Government Act 1993 s 1015 (2) The date by which, or the time within which, the rate must be paid must be— (a) at least 30 days after the rate notice is issued; and (b) the same date or time for each person liable to pay a rate. (3) If, under section 1019(4), the local government alters the discount date or discount period for the rate to a date that is after the date by which, or the time within which, the rate must be paid, the local government must, by resolution, alter the date by which, or the time within which, the rate must be paid. (4) The altered date or time must not be before the discount date, or the last day of the discount period, for the rate. 1015 Payment by instalments (1) At its budget meeting, a local government may resolve that a rate may be paid by instalments on the terms specified in the resolution. (2) The terms may provide for payment of a premium. (3) The terms may provide, if an instalment is not paid by the last day (the due date ) 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— (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 1018. (4) However, if the unpaid instalment was an overdue rate before the resolution was made, the unpaid instalment is taken to have been an overdue rate for part 7, division 3, from the day it first became an overdue rate.

s 1016 600 Local Government Act 1993 s 1018 (5) Subsection (4) applies despite section 1016. (6) In this section— default day means the day after the due date. Division 3 Overdue rates 1016 Meaning of overdue rate An overdue rate is the amount of a rate payable to a local government that remains unpaid at the end of the period specified in the rate notice as the period within which the amount of the rate is payable, (including any amount of interest on the rate under section 1018), but does not include the amount of a rate (other than amounts that, by terms under section 1015, 1031, 1032 or 1035A, become an overdue rate) if the amount is being paid under— (a) the terms specified in a resolution under section 1015; or (b) the terms of an arrangement under section 1031; or (c) the terms of an arrangement under section 1032; or (d) the terms stated in a resolution under section 1035A. 1017 Recovery of overdue rates A local government may recover an overdue rate as a debt payable by the person liable under this part to pay the rate. 1018 Overdue rates may bear interest (1) An overdue rate bears interest— (a) at the percentage decided by the local government; and (b) after it becomes an overdue rate, from the day decided by the local government. (2) The amount of interest is calculated— (a) on daily rests, applying the interest as compound interest; or

s 1019 601 Local Government Act 1993 s 1019 (b) if an equal or lower amount will be obtained—in the way decided by the local government. (3) The rate of interest must not be more than— (a) the percentage prescribed by regulation; or (b) if no percentage is prescribed—15% a year. (4) A decision of the local government about the rate of interest, and the date from which an overdue rate bears interest, must apply equally to all overdue rates. Division 4 Discounts and other benefits for prompt payment of rates 1019 Discount for prompt payment (1) At its budget meeting, a local government may, by resolution, decide to allow a discount for prompt payment of a rate. (2) If a local government decides to allow a discount, the local government must decide— (a) whether the discount is to be a fixed amount or a percentage of the rate; and (b) if the discount is to be a fixed amount—the amount; and (c) if the discount is to be a percentage of the rate—the percentage; and (d) whether the discount is to be allowed only if— (i) another rate is paid before the discount date, or within the discount period, for the rate or other rate; or (ii) an amount, including any interest on the amount, is not payable for work performed by the local government under section 1066; and (e) the discount date or discount period for the rate. (3) The discount date or discount period for a rate must not be—

s 1020 602 Local Government Act 1993 s 1020 (a) for the discount date—after the date decided by the local government under section 1014 as the date by which the rate must be paid; and (b) for the discount period—longer than the time decided by the local government under section 1014 as the time within which the rate must be paid. (4) The discount date or discount period may be altered by the local government, by resolution, to allow each person liable to pay the rate a greater period of time to pay the rate and be allowed the discount. (5) If the local government allows a discount for payment of a rate, it must allow the discount to each person liable to pay the rate and who pays the rate by the discount date or within the discount period for the rate. (6) The local government may allow more than 1 amount of discount or percentage discount for a rate only if the local government— (a) decides more than 1 discount date or discount period for the rate; and (b) allows a different amount of discount or percentage discount for each discount date or discount period decided. 1020 Discount if payment of rates by instalments (1) This section applies to a rate being paid to a local government by instalments. (2) At its budget meeting, the local government may decide, by resolution, to allow a discount for payment of an instalment of the rate by the last day of the period for paying the instalment. (3) If a local government allows a discount for payment of the instalment, it must allow the discount to each person paying the rate by instalments and who pays an instalment by the day mentioned in subsection (2).

s 1021 603 Local Government Act 1993 s 1025 1021 Discount if special circumstances prevent prompt payment If a local government is satisfied that a person liable to pay a rate has been prevented, by circumstances beyond the person’s control, from paying the rate in time to benefit from a discount under section 1019 or 1020, the local government may still allow the discount. 1022 Discount if other rates are overdue Sections 1019 to 1021 do not apply to a rate paid in full by the discount date or by the end of the discount period if other rates are overdue for the land. 1023 Other benefits for prompt payment A local government may give, or join in giving, benefits (other than discounts) as inducements for the prompt payment of rates. Division 5 Changes to land that affect rates Subdivision 1 General 1024 Different period starts on day of change For this division, the period after a change is taken to start on the day the change happens. 1025 Basis on which a rate is levied (1) Despite subdivision 2, a local government may levy a rate on rateable land on the basis of the relevant information of which it has been notified on or before the day it levies the rate. (2) However, if a change mentioned in subdivision 2 happens, section 1026 applies.

s 1026 604 Local Government Act 1993 s 1028 1026 Rate levied for a period in which a change takes effect (1) This section applies if— (a) a local government becomes aware that a change has happened to which a section of subdivision 2 applies; and (b) a rate has already been levied on the relevant land for the period in which the change takes effect. (2) The local government must adjust the rate in accordance with the section. (3) If the owner or occupier has already paid the rate at the time it is adjusted, the local government— (a) if the amount of the rate has decreased—must refund the overpaid amount; or (b) if the amount of the rate has increased—may recover the underpaid amount. Subdivision 2 Changes affecting rates 1027 Change in unimproved value of land (1) This section applies if the unimproved value of rateable land changes. (2) A rate levied on the land after the change must be calculated on the basis of— (a) for the period before the change—the previous unimproved value; and (b) for the period after the change—the new unimproved value. 1028 Land becomes or ceases to be rateable land (1) This section applies if land becomes or ceases to be rateable land. (2) A rate levied on the land after the change must be calculated only on the proportion of the relevant period for which the land was rateable land.

s 1029 605 Local Government Act 1993 s 1030A 1029 Land included in a new rating category (1) This section applies if land is included in a rating category under section 986, 990 or 992. (2) A rate levied on the land after its inclusion must be calculated on the basis of— (a) for the period before the inclusion—any previous categorisation that applied to the land; and (b) for the period after the inclusion—the new rating category. 1030 Entitlement to occupy land is ended (1) This section applies if— (a) a person is entitled to occupy land— (i) that is a holding; or (ii) under a licence or permission given by the State; and (b) the person loses the entitlement because of expiry, surrender or forfeiture of the relevant lease, licence or permission, or for some other reason. (2) A rate levied on the land must be calculated only on the proportion of the relevant period for which the person was entitled to occupy the land. 1030A Land becomes or ceases to be land on which a special rate or charge may be levied (1) This section applies if land— (a) becomes land on which a local government may make and levy a special rate or charge; or (b) ceases to be land on which a local government may make and levy a special rate or charge. Example — the boundaries of a rural fire brigade’s area change to include or exclude a parcel of rateable land

s 1031 606 Local Government Act 1993 s 1031 (2) The special rate or charge may be levied only for the proportion of the relevant period for which the land is land on which the local government may make and levy a special rate or charge. Part 6 Concessions Division 1 Concessions for individual land owners 1031 Remission, composition and settlement of rates (1) A local government may— (a) remit the whole or a part of unpaid rates; or (b) accept a composition or another arrangement for unpaid rates. (2) If land for which unpaid rates are owing is free of encumbrance, the local government may accept a transfer to it of the land in full or part settlement of an owner’s liability for the rates. (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 (the due date ) of the period specified in the arrangement as the period within which the amount is payable— (a) on the default day, for part 5, division 3— (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

s 1032 607 Local Government Act 1993 s 1032 from the default day, or a later day decided by the local government, under section 1018. (4) However, if the unpaid amount was an overdue rate before the arrangement was entered into, the unpaid amount is taken to have been an overdue rate for part 7, division 3, from the day it first became an overdue rate. (5) Subsection (4) applies despite section 1016. (6) For this section— default day means the day after the due date. (7) This section is subject to the following sections— • section 1033 • section 1035. 1032 Deferral of liability to pay rates (1) A local government may enter into an arrangement to defer payment of a rate until a specified time. (2) The deferment may be for the lifetime of an owner of the land if the owner is a pensioner. (3) The arrangement may provide for payment of a premium because of deferment. (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 (the due date ) of the period specified in the arrangement as the period within which the amount is payable— (a) on the default day, for part 5, division 3— (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

s 1033 608 Local Government Act 1993 s 1033 from the default day, or a later day decided by the local government, under section 1018. (5) However, if the unpaid amount was an overdue rate before the arrangement was entered into, the unpaid amount is taken to have been an overdue rate for part 7, division 3, from the day it first became an overdue rate. (6) Subsection (5) applies despite section 1016. (7) For this section— default day means the day after the due date. (8) This section is subject to the following sections— • section 1033 • section 1035. 1033 Resort to remission, composition, settlement or deferral requires justification (1) A local government may exercise a power under section 1031 or 1032 only if— (a) it resolves that the case justifies the exercise of the power; or (b) the case is of a kind that has been accepted, by resolution of the local government, as justifying the exercise of the power. (2) However, the only circumstances or factors justifying the exercise of the power are— (a) that an owner of the land concerned is— (i) a pensioner; or (ii) an entity whose objects do not include the making of profit; or (iii) an entity that provides assistance or encouragement for the arts or cultural development; or (b) that payment of the rate would cause the owner of land hardship; or

s 1034 609 Local Government Act 1993 s 1035 (c) the assistance or encouragement of economic development of the whole or part of the area; or (d) the preservation, restoration or maintenance of structures or places of cultural, environmental, historic, heritage or scientific significance to the local government’s area; or (e) circumstances and factors prescribed by regulation. 1034 Remission for occupancy by pensioners (1) A local government may remit, wholly or partially, the payment of a rate if the land is occupied, but not owned, only by pensioners or by pensioners and other persons. (2) If the land is occupied only by pensioners, the local government may remit the payment of a rate only if the owner of the land has given a binding undertaking to the local government that the benefit of the remission will be extended to each pensioner. (3) If land is occupied by pensioners and other persons, the local government may remit the payment of a rate only— (a) for the part of the rate that, in its opinion, is fairly attributable to the parts of the land where a pensioner has rights to exclusive occupancy; and (b) if the owner of the land has given a binding undertaking to the local government that the benefit of the remission will be extended to each pensioner. (4) This section is subject to section 1035. 1035 Conditions on exercise of concession powers under div 1 (1) This section applies to a power under section 1031, 1032 or 1034. (2) A local government may exercise the power— (a) only on application of the owner of the land concerned, made in the form and way approved by the local government; and (b) for—

s 1035A 610 Local Government Act 1993 s 1035A (i) a period resolved by the local government; or (ii) without limit of time while the owner continues to be eligible for the benefit conferred by the exercise of the power. (3) To remove any doubt, it is declared that a local government may exercise a power whether or not the rate has been levied. Division 2 Concessions for classes of land owners 1035A Local government may grant concessions to classes of land owners (1) A local government may, by resolution, do any of the following for land owners of a class identified in the resolution— (a) remit, wholly or partly, a rate; (b) defer payment of a rate until a stated time. (2) A local government may exercise a power under subsection (1) only if the local government is satisfied the exercise is justified by any of the following circumstances or factors— (a) the land owners are— (i) pensioners; or (ii) entities whose objects do not include the making of profit; or (iii) entities providing assistance or encouragement for the arts or cultural development; (b) payment of the rate would cause the land owners hardship; (c) the assistance or encouragement of economic development of the whole or part of the area; (d) the preservation, restoration or maintenance of structures or places of cultural, environmental, historic, heritage or scientific significance to the local government’s area;

s 1035A 611 Local Government Act 1993 s 1035A (e) circumstances and factors prescribed under a regulation. (3) If the local government remits a rate under subsection (1)(a) and a landowner of the class identified in the resolution has already paid the rate, the local government must refund the overpaid amount. (4) A resolution for subsection (1)(b) may provide for any of the following, if an amount identified in the resolution is not paid by the last day (the due date ) of the period stated in the resolution as the period within which the amount is payable— (a) on the default day, for part 5, division 3— (i) the unpaid amount becomes an overdue rate; or (ii) the unpaid amount and all other amounts (the remaining amounts ) the payment of which is provided for under the resolution and that 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 1018. (5) However, if the unpaid amount was an overdue rate before the resolution was made, the unpaid amount is taken to have been an overdue rate for part 7, division 3, from the day it first became an overdue rate. (6) Subsection (5) applies despite section 1016. (7) A local government may exercise a power under subsection (1) for the period— (a) stated in the resolution; or (b) without limit of time while the owners of the land continue to be eligible for the benefit conferred by the exercise of the power. (8) To remove any doubt, it is declared that a local government may exercise the power whether or not the rate has been levied. (9) In this section— default day means the day after the due date.

s 1036 612 Local Government Act 1993 s 1036 Division 3 Limitation on rate increases 1036 Limitation of increase in rate levied (1) When a local government resolves to make and levy a rate, it also may resolve that the amount levied will not be more than— (a) for all or stated classes of land on which the rate levied for the previous financial year was for the full year— (i) the amount of the rate levied for the previous financial year; or (ii) the amount of the rate levied for the previous financial year increased by a stated percentage; or (b) for land on which the rate levied for the previous financial year was for a period less than the full year— (i) the corresponding annual amount for the rate levied for the previous financial year; or (ii) the corresponding annual amount for the rate levied for the previous financial year increased by a stated percentage. (2) The resolution may specify different percentages for— (a) different land or classes of land; or (b) different rates. (3) In this section— corresponding annual amount , for a rate levied for a previous financial year for a period less than the full year, means the amount worked out by— (a) reducing the amount of the rate levied for the previous financial year to a daily amount; and (b) multiplying the daily amount by 365.

s 1037 613 Local Government Act 1993 s 1038 Part 7 Recovery of rates Division 1 Extended application of part 1037 Application of part to Brisbane City Council This part applies to the Brisbane City Council. Division 2 Registering charges for, and recovery of, overdue rates 1037A Registering charge over land (1) An overdue rate is a charge on the land on which the rate was levied. (2) The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles. (3) The request must be accompanied by a certificate signed by the local government’s chief executive officer stating the overdue rate is a charge over the land under this section. (4) The charge is in addition to any other remedy the local government has for recovery of the overdue rate. (5) The local government must, as soon as practicable after payment of the overdue rate, lodge with the registrar— (a) a request to release the charge in the appropriate form; and (b) a certificate stating that the overdue rate has been paid. 1038 Recovery by court action (1) Overdue rates may be recovered by a proceeding for debt brought in a court of competent jurisdiction by the local government.

s 1039 614 Local Government Act 1993 s 1040 (2) A person against whom an order for payment of an amount is made in a proceeding under subsection (1) is not liable to imprisonment on default. (3) An unsatisfied order or judgment made in a proceeding by or for a local government for recovery of an amount from a person is not a bar to recovery of the amount from any other person who is liable to pay the amount. (4) If, in a proceeding under subsection (1), the court orders a person against whom judgment is awarded to pay all or part of the local government’s costs, the amount of the costs ordered is, from the date of the judgment, taken to be an overdue rate for section 1037A and division 3. Division 3 Sale of land for overdue rates 1039 Application of division This division applies if an overdue rate has remained unpaid for the following period— (a) for a rate levied on a mining claim—3 months; (b) for a rate levied on vacant land or land used solely for commercial purposes for which the local government has obtained judgment—1 year; (c) for another rate—3 years. 1040 Power of sale (1) The local government may, under this division, sell the land on which the rate was levied. (2) However, the local government may not sell land if the liability of the owner of the land to pay the overdue rate is the subject of a proceeding pending in a court. (3) A decision to sell the land may only be made by resolution. (4) This section is also subject to section 1056.

s 1041 615 Local Government Act 1993 s 1043 1041 Local government must first give notice (1) As soon as practicable after a local government decides to sell land under this division, it must give the information mentioned in subsection (2), in writing, to— (a) the owner of the land; and (b) each encumbrancee, lessee or trustee who has given written notice to the local government of the person’s interest in the land. (2) The information is— (a) notice of intention to sell the land; and (b) the provisions, or a general outline of the provisions, of sections 1042 to 1047. (3) The notice of intention to sell must comply with a regulation that may be made for this section. 1042 Starting and ending of sale procedures (1) The local government must start the procedures for selling the land within the required period after giving the notice of intention to sell, unless the amount of all overdue rates levied on the land has been paid to it. (2) The required period is from 3 to 6 months after giving the notice or, for a mining claim, 1 to 6 months after giving the notice. (3) The local government may only end, and must end, procedures for selling the land if the amount of all overdue rates levied on the land, and all expenses incurred by it for the intended sale, are paid to it. 1043 Procedures for sale (1) Land intended for sale under this division must first be offered for sale by auction. (2) The local government must prepare a notice containing— (a) the time and place of the proposed auction; and (b) a full description of the land.

s 1044 616 Local Government Act 1993 s 1044 (3) At least 14 days but not more than 21 days before the day of the proposed auction, the local government must— (a) advertise the notice in a newspaper circulating generally in its area; and (b) attach a copy of the notice to a conspicuous part of the land; and (c) give a copy of the notice to— (i) the owner of the land; and (ii) each encumbrancee, lessee and trustee who has given written notice to the local government of the person’s interest in the land. (4) On the day it complies with subsection (3)(a), the local government must place a copy of the notice on display in a conspicuous place at its public office. (5) The notice must be kept on display until the day of the auction. (6) If the land is a lot under a community titles Act the copy mentioned in subsection (3)(b) may be attached to a conspicuous part of the common property for the lot if it is not practicable to attach it to a conspicuous part of the lot. (7) If, under the Body Corporate and Community Management Act 1997 , the land is a lot included in a community titles scheme ( scheme A ), the copy mentioned in subsection (3)(b) may, if it is not practicable for the copy to be attached to a conspicuous part of the lot, be attached to a conspicuous part of— (a) the common property for scheme A; or (b) the common property for a scheme for which scheme A is a subsidiary scheme under that Act. 1044 Reserve price at auction (1) A local government that offers land for auction under this division must place a reserve price on the land.

s 1045 617 Local Government Act 1993 s 1047 (2) The local government may choose a reserve price of at least either— (a) the market value of the land; or (b) the higher of the following— (i) the amount of all overdue rates levied on the land; (ii) the unimproved value of the land. 1045 Sale by agreement after auction (1) If the reserve price is not reached at the auction, the local government may enter into negotiations with the highest bidder at the auction to sell the land by agreement. (2) A sale of the land by agreement must be at a price greater than the highest bid for the land at the auction. 1046 Unsold land acquired by local government (1) If land offered for auction under this division is not sold at auction and— (a) the local government does not enter into negotiations under section 1045 with the highest bidder at the auction; or (b) the negotiations are unsuccessful; the land is taken to have been sold at the auction to the local government at the reserve price, unless it is held on a tenure that the local government is not competent to hold. (2) This section applies subject to section 1056. 1047 Application of proceeds of sale (1) The local government must apply the proceeds of sale of land under this division, in priority to all encumbrances, as follows— (a) first, in payment of the expenses of the sale; (b) second, in payment of the overdue rate for the land;

s 1048 618 Local Government Act 1993 s 1049 (c) third, in payment of other rates that may be payable to the local government by the person (the former owner ) who was the owner of the land immediately before its sale; (d) fourth, in payment of other amounts that may be payable to the local government by the former owner. (2) After application of the proceeds of sale under subsection (1), any remainder must be paid to the person who was entitled to the rents and profits of the land immediately before its sale. (3) Any part of the proceeds of sale that remains unclaimed for 2 years must be paid to the public trustee as unclaimed money. (4) Subsection (1) is subject to sections 1057 and 1057A. 1048 Sale operates as a discharge After a sale of land under this division (including a sale taken to be to the local government under section 1046), a proceeding for the recovery of rates for any period before the sale may not be started or continued. 1049 Issue of title (1) On a sale of land under this division, other than a sale taken to be to the local government under section 1046, a local government must give to the registrar of titles a notice specifying— (a) that the land has been sold under this division; and (b) the full description of the land; and (c) the full name and address of the purchaser; and (d) the purchase price of the land. (2) The notice must comply with the regulations that may be made for this section. (3) On receiving the notice, the registrar of titles must register the purchaser for the interest held in the land by the owner of the land immediately before the sale, free of all encumbrances.

s 1050 619 Local Government Act 1993 s 1051A (4) The registrar of titles may comply with subsection (3) despite non-production of a relevant instrument of title. (5) This section is subject to section 1056. 1050 Acquisition by local government of title to land (1) If land offered for sale under this division is taken to have been sold to it under section 1046, a local government must apply to the registrar of titles to be registered for the interest held by the owner of the land immediately before the sale, free of all encumbrances. (2) The application must comply with the regulations. (3) On receiving the application, the registrar of titles must register the local government for the interest held by the owner of the land immediately before the land was sold, free of all encumbrances. (4) The registrar of titles may comply with subsection (3) despite non-production of a relevant instrument of title. (5) This section is subject to section 1056. Division 4 Acquisition by local government of valueless land 1051 Purpose of this division (1) This division states how a local government may— (a) remove valueless land from its land record; and (b) acquire the valueless land. (2) This division applies subject to section 1057. 1051A Resolution to remove valueless land from land record (1) A reference to a particular parcel of rateable land in the land record of a local government may be removed, on the local government’s resolution, if—

s 1052 620 Local Government Act 1993 s 1052A (a) rates levied on the land by the local government for at least 3 years are overdue; and (b) the overdue rates total more than— (i) the unimproved value of the land; or (ii) the market value of the land; and (c) if paragraph (b)(i) applies—the land is considered to be— (i) valueless; or (ii) of so little value that, if offered for sale, it would not realise the overdue rates. (2) If a local government resolves to remove a reference to rateable land from its land record, the local government must acquire the land under this division. (3) This section does not apply to an interest in land held on a tenure that prohibits a corporation from holding an interest in the land. 1052 Local government must first give notice (1) As soon as practicable after the local government resolves to remove the land from its land record, it must give a written notice of its intention to acquire the land to— (a) the owner of the land; and (b) each encumbrancee, lessee or trustee who has given written notice to the local government of the person’s interest in the land. (2) The notice of intention to acquire must comply with a regulation that may be made for this section. 1052A Restoration of valueless land to land record If— (a) a local government gives a notice of intention to acquire land under section 1052(1); and

s 1053 621 Local Government Act 1993 s 1054 (b) before the end of 6 months after the giving of the notice to the owner of the land, the overdue rates for the land are paid to the local government; the local government must restore reference to the land in the land record. 1053 Application to be registered as owner (1) If, at the end of 6 months after the day, or the last day, that the notice of intention to acquire is given, there is any overdue rate for the land, the local government may apply to the registrar of titles to be registered for the interest of the owner of the land, free of all encumbrances. (2) If a local government makes an application under subsection (1), it must discharge all rates payable for the land. (3) The application must comply with the regulations. (4) On receiving the application, the registrar of titles must— (a) register the local government for the interest of the owner of the land, free of all encumbrances; and (b) give the local government an instrument of title to the land. (5) The registrar of titles may comply with subsection (4) despite non-production of a relevant instrument of title. Division 5 Provisions about dealing with land under this part 1054 One instrument of title for conterminous land The registrar of titles may issue 1 instrument of title for 2 or more parcels of land acquired under this part if— (a) the local government asks; and (b) the parcels are conterminous.

s 1055 622 Local Government Act 1993 s 1056 1055 Sale of land and title valid despite irregularities (1) A dealing by a local government with land under this part is valid, and effective to confer a paramount title to the land on a purchaser or on the local government, despite a failure to comply with a provision of this part. (2) The purchaser of land dealt with under this part or the registrar of titles— (a) need not inquire whether this part has been fully complied with for a sale of land or an application for registration of title to land; and (b) is not affected by notice, actual or constructive, of a failure to comply with a provision of this part for the sale or application. (3) A claim may not be made against a fund administered by the State about— (a) a dealing with land under this part; or (b) a registration of title by the registrar of titles purporting to give effect to a provision of this part. (4) This section does not protect— (a) a person who commits fraud or wilful default; or (b) a local government that does not comply with a provision of this part; from liability for loss caused by the fraud, default or noncompliance. 1056 Restrictions on local government dealing with land (1) This section applies to land held on a tenure that— (a) requires the holder to have particular qualifications; or (b) requires the agreement or permission of a particular government entity before a person can lawfully hold an interest in the land. (2) A local government may sell an interest in the land under this part only to a person who has the required qualifications or has obtained the required agreement or permission.

s 1057 623 Local Government Act 1993 s 1057A (3) A local government may not acquire an interest in land held on a tenure that prohibits a corporation from holding an interest in the land. 1057 Priority of State debts preserved (1) This section applies if— (a) a local government intends to deal with land under this part; and (b) the land is subject to an encumbrance that confers rights on the State or a government entity. (2) The local government must give written notice of its intention to deal with the land, to the State or government entity, before dealing with the land. (3) The local government may sell, or acquire, the land only— (a) subject to the encumbrance; or (b) free of the encumbrance to the extent, and subject to any conditions, agreed by the State or government entity. 1057A Priority of State preserved—housing Act contracts (1) This section applies if— (a) a local government intends to deal with land under this part; and (b) the land is the subject of a housing Act contract or a person has a share in the land that the person bought under a housing Act contract. (2) The local government must give the chief executive (housing) written notice of its intention to deal with the land before dealing with the land. (3) The local government may sell or acquire the land only on the conditions agreed with the chief executive (housing) about paying to the State an agreed amount on account of— (a) the State’s interest in the land; and

s 1058 624 Local Government Act 1993 s 1059 (b) if the land is the subject of a housing Act contract—amounts owing to the State under the contract. (4) In this section— chief executive (housing) means the chief executive of the department in which the Housing Act 2003 is administered. 1058 Satisfaction of rates and charges on termination of tenure (1) If the tenure of a holding is terminated for the whole or part of the land, an amount received by the State from an incoming holder of the whole or part of the land may, after deduction of any amount payable to the State, be applied by the State towards satisfaction of a liability for rates payable to a local government for the land. (2) If an amount is applied under subsection (1), only the remainder of the amount received by the State is payable to the former holder of the land. Chapter 15 Provisions aiding local government Part 1 Extended application of chapter 1059 Application of chapter to Brisbane City Council This chapter (other than sections 1114 and 1115) applies to the Brisbane City Council.

s 1060 625 Local Government Act 1993 s 1061 Part 2 Powers under this chapter 1060 Powers of entry (1) A power given under this chapter to enter a place may not be exercised using force. (2) Subsection (1) does not apply if the entry is made under— (a) an order made under section 1063, if the order authorises the use of necessary and reasonable help and force; or (b) a warrant issued under part 5. Part 3 Right to take materials 1061 Taking materials from land (1) A local government may authorise its employees or agents— (a) to enter rateable land, other than— (i) a protected area under the Nature Conservation Act 1992 ; or (ii) the wet tropics area within the meaning of the Wet Tropics World Heritage Protection and Management Act 1993 ; or (iii) a state forest or timber reserve under the Forestry Act 1959 ; or (iv) improved land; and (b) to search for, dig, raise and gather on the land and remove from the land any materials necessary for the exercise of the local government’s jurisdiction. (2) A power under subsection (1) may— (a) be exercised on land in the local government’s area or, with the Minister’s approval, land outside its area; and (b) be exercised only—

s 1061 626 Local Government Act 1993 s 1061 (i) with the agreement of the owner and occupier of the land; or (ii) if the local government has given at least 7 days written notice to the owner and occupier. (3) The notice must inform the owner and occupier of— (a) the intention to enter the land; and (b) the purpose of the entry; and (c) the days and times when the entry is to be made. (4) In exercising a power under subsection (1), the authorised employee or agent must take all reasonable steps to ensure the employee or agent causes as little inconvenience, and does as little damage, as is practicable in the circumstances. (5) Subsection (1) does not authorise— (a) causing, or contributing to, damage to any structure or works; or (b) searching for, digging, raising or gathering materials, or removing materials from, within 50m of a dwelling house, bridge, dam, wharf, jetty or other structure or works. (6) If a person incurs loss or damage because of the exercise of a power under subsection (1), the person is entitled to be paid by the local government the reasonable compensation because of the loss or damage that is agreed between the local government and the person, or failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed. (7) The court may make the order about costs it considers just. (8) In this section— loss includes the value of materials taken.

s 1062 627 Local Government Act 1993 s 1063 Part 4 Execution of local government Acts Division 1 Compliance with requirements of local government Acts 1062 Owner’s right of entry to comply with notice or order (1) If an owner of land occupied by someone else is given a notice or order under a local government Act requiring work to be performed on the land or a structure on the land (the order ), the owner and the owner’s employees and agents may, at reasonable times— (a) enter the land and, if necessary, the structure to comply with the order; and (b) perform work necessary to comply with the order. (2) However, before entering the land or structure, the owner must— (a) give at least 7 days written notice to the occupier of— (i) the intention to enter the land or structure; and (ii) the purpose of the entry; and (iii) the days and times when the entry is to be made; and (b) produce a copy of the order for inspection by the occupier. (3) This section does not affect any rights the owner has apart from this section. 1063 Order on occupier who refuses entry (1) If an occupier of land or a structure refuses to permit a person who is seeking— (a) to exercise the jurisdiction of local government; or (b) to exercise a power under a local government Act;

s 1063 628 Local Government Act 1993 s 1063 from entering the land or structure and performing work necessary for the purpose for which entry is sought, the person may make written application to a magistrate for an order under this section. (2) The applicant must give written notice of the application to— (a) the occupier of the land or structure; or (b) if the applicant is not the owner—the owner and the occupier of the land or structure. (3) The application must— (a) be in the form approved by the chief executive; and (b) be sworn; and (c) state the grounds on which the order is sought. (4) The magistrate may refuse to consider the application until the person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. (5) If the magistrate is satisfied the entry sought is reasonable and necessary for the purpose, the magistrate may make an order under this section. (6) The order must— (a) direct the occupier to permit the person to enter the land or structure and perform all work necessary for the purpose; and (b) state the hours of the day or night when entry may be made; and (c) state the day (within 14 days after the order is made) when the order ends. (7) If the person is an employee or agent of a local government, the order may also authorise the person to use necessary and reasonable help and force to enter the land or structure. (8) The magistrate must record the reasons for making the order.

s 1064 629 Local Government Act 1993 s 1066 (9) The occupier must comply with the order. Maximum penalty for subsection (9)—50 penalty units. 1064 Protection of owner against occupier’s obstruction An owner of land who fails to perform work in contravention of a local government Act because of an occupier’s refusal to permit entry is not liable for the failure if the owner takes reasonable steps to enter the land to perform the work. 1065 Discharge of obligations by occupier on failure of owner (1) If the owner of land occupied by someone else fails to perform work or pay an amount the owner is required under a local government Act to perform or pay, the occupier may perform the work or pay the amount. (2) If the occupier performs the work or pays the amount, the amount incurred by the occupier in performing the work, or the amount paid by the occupier, is a debt payable to the occupier by the owner. (3) If the occupier is a tenant of the owner, the occupier may deduct, from rent payable to the owner by the occupier, the amount payable to the occupier by the owner under subsection (2). (4) The owner can not terminate the tenancy of the occupier because of a deduction made from rent under subsection (3). 1066 Performing work for owner or occupier (1) If the owner or occupier of land or a structure fails, or both the owner and occupier fail, to perform work required to be performed under a local government Act, a local government may, by its employees or agents, enter the land or structure and perform the work. (2) The powers under subsection (1) may be exercised only if— (a) both the owner and occupier agree to the entry; or (b) the entry is under an order made under section 1063; or

s 1067 630 Local Government Act 1993 s 1067 (c) urgent action is necessary for local government purposes, including, for example, the interests of public health or safety; or (d) reasonable notice has been given to the owner and occupier of the local government’s intention to enter the land or structure and perform the work. Example for subsection (2)(d) — entry to, and clearing of, an overgrown allotment because of the allotment owner’s failure under a local law to clear the allotment (3) Subsection (2)(c) and (d) do not apply to the entry of a structure, or the part of a structure, used for residential purposes. (4) The amount properly and reasonably incurred by the local government in performing the work is a debt payable to the local government by the person who failed to perform the work. (5) If both the owner and occupier failed to perform the work, the amount incurred is payable by the owner and occupier jointly and severally. 1067 Cost of work recoverable as a rate (1) The local government may recover the amount payable by the owner of land for the work performed by it as if the amount (together with interest on the amount under subsection (2))— (a) were an overdue rate properly levied by the local government for the land; and (b) became payable to the local government at the end of 30 days after the local government gave to the owner written notice of the amount payable by the owner for the work performed. (2) The amount payable to the local government bears interest as if it were an amount of overdue rate payable to the local government.

s 1068 631 Local Government Act 1993 s 1069 1068 Cost of work a charge over land (1) This section applies if an amount (including any interest on the amount) (the unpaid amount ) is payable by the owner of land for work performed by a local government under section 1066. (2) The unpaid amount is a charge on the land. (3) The local government may lodge a request to register the charge in the appropriate form over the land with the registrar of titles. (4) The request must be accompanied by a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section. (5) A registered charge has priority over all encumbrances over the land other than— (a) encumbrances in favour of the State or a government entity; and (b) rates payable to the local government. (6) The charge is in addition to any other remedy the local government has for recovery of the unpaid amount. (7) The local government must, as soon as practicable after payment of the unpaid amount, lodge with the registrar— (a) a request to release the charge in the appropriate form; and (b) a certificate stating that the unpaid amount has been paid. 1069 Limitation of time in absence of notice of work done If work on land or a structure is performed without an approval that is required under a local government Act, then, for any limitation of time for taking a proceeding or doing anything else about the work, the work is taken to have been performed when an employee or agent of the local government first finds out about the work.

s 1070 632 Local Government Act 1993 s 1070 Division 2 Entry on land 1070 Entry on land for local government purposes (1) An employee or agent of a local government may enter land or a structure, at all reasonable times, if the entry is necessary for the exercise of the local government’s jurisdiction, including for example— (a) to carry facilities into, through, across or under the land; or (b) to perform work on the land or structure; or (c) to inspect, operate, change, maintain, remove, repair or replace the local government’s facilities on the land or structure. (2) The powers under subsection (1) may be exercised only if— (a) the entry is made— (i) to inspect, operate, change, maintain, remove, repair or replace the local government’s facilities on the land or structure for its routine operations; or (ii) to investigate the future placement, removal, repair or replacement of facilities on the land or structure; or (b) the owner and occupier of the land or structure agree to the entry; or (c) urgent action is necessary for local government purposes, including, for example, the interests of public health or safety; or Examples of entry to land under paragraph (c) — 1 The employee or agent may enter the land to take urgent action, under a local law about the safety and convenience of the public, to remove a tree likely to fall and cause injury or damage. 2 The local government has received information that a swimming pool fence may be dangerous to children because it does not comply with the Building Act 1975 . The employee or agent may enter the land on which the fence is constructed to assess whether the local government ought to

s 1071 633 Local Government Act 1993 s 1071A take action under the Building Act 1975 or this Act in relation to the fence. (d) the entry is under an order made under section 1063. (3) Subsection (2)(a) does not apply to the entry of a structure, or the part of a structure, used for residential purposes. 1071 Compensation for loss or damage (1) This section applies if a person incurs loss or damage because of the exercise by a local government of a power under section 1070. (2) The person is entitled to be paid by the local government the reasonable compensation because of the loss or damage that is agreed between the local government and the person, or failing agreement, decided by a court having jurisdiction for the recovery of amounts up to the amount of compensation claimed. (3) The court may make the order about costs it considers just. Division 2A Regulatory fees 1071A Power to fix regulatory fees (1) A local government may, by local law or resolution, fix a fee (a regulatory fee ) for any of the following— (a) an application for, or the issue of, an approval, consent, licence, permission, registration or other authority under a local government Act; (b) recording a change of ownership of land; (c) giving information kept under a local government Act; (d) seizing property or animals under a local government Act; (e) the performance of a function, other than a function mentioned in paragraphs (a) to (d), imposed on the local government under the Building Act 1975 or the Plumbing and Drainage Act 2002 .

s 1071B 634 Local Government Act 1993 s 1071C (2) A regulatory fee must not be more than the cost to the local government of providing the service or taking the action for which the fee is charged. (3) However, subsection (2) does not apply to the extent the regulatory fee includes a tax component under this division. (4) A local government may fix a regulatory fee by resolution even if a corresponding fee had previously been fixed by local law. (5) A local law or resolution for subsection (1)(e) must state— (a) the person liable to pay the regulatory fee; and (b) the period within which the fee must be paid. 1071B Regulation may prescribe circumstances in which regulatory fee can include tax (1) A regulation may prescribe circumstances in which a regulatory fee mentioned in section 1071A(1)(a) (a prescribed regulatory fee ) may include an amount that is a tax (a tax component ). (2) The regulation must state the purposes for which the prescribed regulatory fee may include the tax component. 1071C Requirements of local law or resolution fixing regulatory fee including tax component (1) A prescribed regulatory fee may include a tax component only— (a) in the circumstances and for a purpose prescribed under a regulation made under section 1071B; and (b) if the local government resolves that the purpose of the tax component benefits its local government area. (2) The local law or resolution fixing the prescribed regulatory fee must state the amount and purpose of the tax component.

s 1071D 635 Local Government Act 1993 s 1072 1071D Tax component of prescribed regulatory fees applies only to rateable land If a local government fixes a prescribed regulatory fee that includes a tax component and is payable in relation to land, the tax component of the fee applies only in relation to rateable land. 1071E Register of regulatory fees (1) A local government must keep a register of its regulatory fees. (2) The register is open to inspection. (3) The register must identify— (a) for each regulatory fee—the paragraph of section 1071A(1) under which the fee is fixed; and (b) for a regulatory fee fixed under— (i) section 1071A(1)(a)—the provision of the local government Act under which the approval, consent, licence, permission, registration or other authority is applied for or issued; or (ii) section 1071A(1)(c)—the provision of the local government Act under which the information is kept; or (iii) section 1071A(1)(d)—the provision of the local government Act under which the property or animals are seized; or (iv) section 1071A(1)(e)—the provision of the Building Act 1975 or the Sustainable Planning Act 2009 under which the function is imposed. Division 3 General 1072 Obstructing execution of local government Act etc. (1) A person must not obstruct or hinder, or attempt to obstruct or hinder, a local government or any person in taking any action

s 1076 636 Local Government Act 1993 s 1077 the local government or person is required or authorised to take under a local government Act. Maximum penalty—50 penalty units. (2) An occupier of land or a structure who obstructs a person as mentioned in section 1063 may be proceeded against under that section or under this section, but can not be proceeded against under both sections. (3) A person must not destroy, pull down, damage or deface a board or anything else on which a local law, order, notice or other matter is displayed under authority of a local government. Maximum penalty—35 penalty units. (4) An occupier of land or a structure, when required by or for a local government to disclose the name of the owner of the premises, must not— (a) without reasonable excuse, fail to disclose the owner’s name; or (b) knowingly state a false name. Maximum penalty—35 penalty units. 1076 Fines (1) If a proceeding for an offence against a local government Act about a local government matter is taken and a court imposes a fine for the offence, the fine must be paid to the operating fund of the local government. (2) If a person other than the local government prosecutes the offence, subsection (1) does not apply to any part of the fine the court orders be paid to the person. 1077 Indictable and summary offences (1) The following offences are indictable offences— (a) an offence against chapter 8, part 7 for which the maximum penalty of imprisonment is 2 years or more;

s 1078 637 Local Government Act 1993 s 1078 (b) an offence against section 956D. (2) Any other offence against this Act, other than a designated election offence, is a summary offence. 1078 Proceedings for indictable offences (1) A proceeding for an indictable offence against this Act may be taken, at the prosecution’s election— (a) by way of summary proceedings under the Justices Act 1886 ; or (b) on indictment. (2) A magistrate must not hear an indictable offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers that the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104(2)(b). (4) The maximum penalty that may be summarily imposed for an indictable offence is 100 penalty units or 1 year’s imprisonment.

s 1079 638 Local Government Act 1993 s 1081 1079 Limitation on who may summarily hear indictable offence proceedings (1) A proceeding must be before a magistrate if it is a proceeding— (a) for the summary conviction of a person on a charge for an indictable offence; or (b) for an examination of witnesses for a charge for an indictable offence. (2) However, if a proceeding for an indictable offence is brought before a justice who is not a magistrate, jurisdiction is limited to taking or making a procedural action or order within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 . 1080 Limitation on time for starting summary proceedings A proceeding for an offence against this Act by way of summary proceeding under the Justices Act 1886 must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence. 1081 Attempt to commit offence A person who attempts to commit an offence against this Act commits an offence and, on conviction, is liable to the same penalties as if the person had committed the offence.

s 1082 639 Local Government Act 1993 s 1083 Part 5 Enforcement of local government Acts Division 1 Interpretation 1082 Definitions for pt 5 In this part— authorisation means an approval, consent, licence, permission, registration or other authority issued under a local government Act. authorised person means a person who is— (a) appointed under this part as an authorised person; and (b) other than in division 2—an authorised person for the provision in which the expression is used. budget accommodation building see the Building Act 1975 , section 216. notice means a notice or direction issued under a local government Act. occupier of a place includes a person who reasonably appears to be the occupier of, or in charge of, the place. warrant means a warrant issued under this part. 1083 References to local government and authorised person In a provision of this part about— (a) a local government, a reference to an authorised person is a reference to an authorised person appointed by the local government; and (b) an authorised person, a reference to a local government is a reference to the local government that appointed the authorised person.

s 1084 640 Local Government Act 1993 s 1086 Division 2 Authorised persons 1084 Appointment (1) A local government may appoint any of the following persons as authorised persons under this part— (a) employees of the local government; (b) other persons prescribed under the regulations. (2) An appointment of a person as an authorised person under this part must state the provisions of this part for which the person is appointed as an authorised person. (3) A local government may appoint a person as an authorised person under this part only if— (a) the local government considers the person has the necessary expertise or experience for the appointment; or (b) the person has satisfactorily finished training approved by the local government for the appointment. 1085 Limitation on authorised person’s powers An authorised person’s powers may be limited in the person’s instrument of appointment. 1086 Authorised person’s appointment conditions (1) An authorised person holds office on the conditions stated in the instrument of appointment. (2) An authorised person— (a) if the instrument provides for a term of appointment—ceases holding office at the end of the term; and (b) may resign by signed notice of resignation given to the local government; and (c) if the conditions of appointment provide—ceases holding office as an authorised person on ceasing to

s 1087 641 Local Government Act 1993 s 1088 hold another office stated in the appointment conditions (the main office ). (3) However, an authorised person may not resign from the office of authorised person (the secondary office ) under subsection (2)(b) if a term of the authorised person’s employment to the main office requires the authorised person to hold the secondary office. 1087 Authorised person’s identity card (1) A local government must give each authorised person an identity card. (2) The identity card must— (a) contain a recent photograph of the authorised person; and (b) be signed by the authorised person; and (c) identify the person as an authorised person for the local government; and (d) include an expiry date. (3) A person who ceases to be an authorised person must return the person’s identity card to the local government within 21 days after the person ceases to be an authorised person, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this part and for other provisions, Acts or purposes. 1088 Production of identity card (1) An authorised person may exercise a power in relation to someone else (the other person ) only if the authorised person— (a) first produces his or her identity card for the other person’s inspection; or (b) has the identity card displayed so it is clearly visible to the other person.

s 1089 642 Local Government Act 1993 s 1090 (2) However, if for any reason it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity. 1089 Offences A person must not pretend to be an authorised person. Maximum penalty—50 penalty units. Division 3 Infringement notice offences 1090 Power to require name and address (1) An authorised person may require a person (the other person ) to state the other person’s name and address if the authorised person— (a) finds the other person committing an infringement notice offence; or (b) finds the other person in circumstances that lead, or has information that leads, the authorised person to suspect on reasonable grounds the other person has just committed an infringement notice offence. (2) When making the requirement, the authorised person must warn the other person it is an offence to fail to state the other person’s name and address, unless the other person has a reasonable excuse. (3) The authorised person may require the other person to give evidence of the correctness of the other person’s name or address if the authorised person suspects, on reasonable grounds, that the name or address given is false. (4) The other person must comply with the authorised person’s requirement under subsection (1) or (3), unless the other person has a reasonable excuse. Maximum penalty—35 penalty units. (5) The other person does not commit an offence against this section if—

s 1091 643 Local Government Act 1993 s 1092 (a) the authorised person required the other person to state the other person’s name and address on suspicion of the other person having committed an infringement notice offence; and (b) the other person is not proved to have committed the infringement notice offence. Division 4 Investigations about offences 1091 Entry to places (1) An authorised person may enter a place under this division if— (a) its occupier agrees to the entry; or (b) the entry is permitted by a warrant. (2) An authorised person, without the occupier’s agreement or a warrant, may— (a) enter a public place when the place is open to the public; or (b) enter land to ask for the occupier’s agreement to the authorised person entering the land or a building or structure on the land. 1092 Agreement to entry (1) This section applies if an authorised person seeks the agreement of an occupier of a place to an authorised person entering the place under this division. (2) In seeking the agreement, the authorised person must inform the occupier— (a) of the purpose of the entry; and (b) that things or information obtained by the authorised person may be used in evidence in court; and (c) that the occupier is not required to agree to the entry.

s 1093 644 Local Government Act 1993 s 1093 (3) If the agreement is given, the authorised person may ask the occupier to sign an acknowledgment of the occupier’s agreement. (4) The acknowledgment must— (a) state the occupier was informed— (i) of the purpose of the entry; and (ii) that things or information obtained by the authorised person may be used in evidence in court; and (iii) that the occupier was not required to agree to the entry; and (b) state the occupier agreed to the authorised person entering the place and exercising powers under this division; and (c) state the time and date the agreement was given. (5) If the occupier signs an acknowledgment of agreement, the authorised person must immediately give a copy to the occupier. 1093 Evidence of agreement (1) This section applies to a proceeding if— (a) a question arises whether an occupier of a place agreed to the entry of the place by an authorised person under this division; and (b) an acknowledgment of the occupier’s agreement is not produced in evidence. (2) In a proceeding to which this section applies, the court may assume the occupier did not agree to the entry, unless the contrary is proved.

s 1094 645 Local Government Act 1993 s 1094 Division 5 Warrants 1094 Warrants for entry (1) An authorised person may apply to a magistrate for a warrant for a place. (2) The application must— (a) be in the form approved by the chief executive; and (b) be sworn; and (c) state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example — The magistrate may require additional information supporting the application to be given by statutory declaration. (4) The magistrate may issue the warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against a local government Act; and (b) the evidence is at the place, or may be at the place within the next 7 days. (5) The warrant must state— (a) that the authorised person may, with necessary and reasonable help and force, enter the place and exercise the authorised person’s powers under this Act; and (b) the evidence for which the warrant is issued; and (c) the hours of the day or night when entry may be made; and (d) the day (within 14 days after the warrant’s issue) when the warrant ends. (6) The magistrate must record the reasons for issuing the warrant.

s 1095 646 Local Government Act 1993 s 1095 1095 Warrants—applications made otherwise than in person (1) An authorised person may apply for a warrant by phone, fax, radio or another form of communication if the authorised person considers it necessary because of urgent circumstances or other special circumstances, including, for example, the authorised person’s remote location. (2) Before applying for the warrant, the authorised person must prepare an application stating the grounds on which the warrant is sought. (3) The authorised person may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the authorised person if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy of the warrant to the authorised person— (a) the magistrate must— (i) record on the warrant the reasons for issuing the warrant; and (ii) tell the authorised person the date and time the warrant was signed; and (iii) tell the authorised person the warrant’s terms; and (b) the authorised person must write on a form of warrant (the warrant form )— (i) the magistrate’s name; and (ii) the date and time the magistrate signed the warrant; and (iii) the warrant’s terms. (6) The facsimile warrant, or the warrant form properly completed by the authorised person, authorises the entry and the exercise of the other powers mentioned in the warrant issued by the magistrate. (7) The authorised person must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and

s 1096 647 Local Government Act 1993 s 1096 (b) if a warrant form was completed by the authorised person—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— (a) a question arises, in a proceeding before the court, whether the exercise of power was authorised by a warrant; and (b) the warrant is not produced in evidence. Division 6 Monitoring authorisations and notices and processing applications 1096 Monitoring authorisations and processing applications (1) An authorised person may enter a place at any reasonable time (other than at night)— (a) to inspect the place to process an application made under a local government Act; or (b) to find out whether the conditions on which an authorisation or notice was issued have been or are being complied with; or (c) to inspect work carried out under an authorisation or notice; or (d) to inspect a record required to be kept under the Building Act 1975 for chapter 7 of that Act. (2) In addition, an authorised person may enter a place at night for a purpose mentioned in subsection (1) if— (a) the place is a public place that is open to the public at the time of the entry; or (b) the entry is at a time asked by the occupier; or

s 1097 648 Local Government Act 1993 s 1098 (c) the entry is in accordance with the times provided for in a lawfully imposed condition of an authorisation. 1097 Limitation on entry to residence (1) This section limits an authorised person’s powers of entry under this division. (2) An authorised person may enter a building or other structure, or the part of a building or other structure, used for residential purposes only if the authorised person is accompanied by the occupier. (3) Subsection (2) does not apply if the occupier has been given reasonable notice of the authorised person’s intention to enter, and— (a) the occupier is unavailable or unwilling to accompany the authorised person; or (b) the authorised person is unable for another reason to comply with the subsection. Division 7 Approved inspection programs 1098 Approval of inspection program (1) A local government may by resolution approve a program (an approved inspection program ) under which authorised persons may enter places to monitor compliance with a local government Act or an aspect of a local government Act. Examples of approved inspection programs — 1 monitoring compliance with requirements for swimming pool fencing or a budget accommodation building under the Building Act 1975 2 monitoring compliance with limits provided under a local law about the number of dogs that may be kept at a place (2) An approved inspection program must be a selective inspection program or systematic inspection program. (3) A selective inspection program provides for the selection, in accordance with the resolution, of places in the local

s 1099 649 Local Government Act 1993 s 1099 government’s area, or a particular part of the area, to be entered and inspected. (4) A systematic inspection program provides for all places, or all places of a particular type, in the local government’s area, or a particular part of the area, to be entered and inspected. (5) An approved inspection program must state the following— (a) the purpose of the program; (b) when the program starts; (c) for a selective inspection program— (i) objective criteria for selecting places to be entered and inspected; and (ii) if the places are to be selected from a part of the local government’s area—a description of the part; (d) for a systematic inspection program— (i) if places in a part of the local government’s area are to be entered and inspected—a description of the part; and (ii) if a type of place is to be entered and inspected—a description of the type; (e) the period (not more than 3 months or another period prescribed under the regulations) over which the program is to be carried out. 1099 Notice of proposed inspection program (1) At least 14 days, but not more than 28 days, before an approved inspection program starts, the local government must give notice of the program. (2) The notice must be published in a newspaper circulating generally in the local government’s area. (3) The notice must state the following— (a) the name of the local government; (b) in general terms, the purpose and scope of the program; (c) when the program starts;

s 1100 650 Local Government Act 1993 s 1101 (d) the period over which the program is to be carried out; (e) that a copy of the program is open to inspection at the local government’s public office until the end of the program; (f) that a copy of the program may be purchased at the local government’s public office until the end of the program; (g) the price of a copy of the program. (4) The price of a copy of the program must be no more than the cost to the local government of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost. 1100 Access to program From the publication of the notice about an approved inspection program until the end of the program— (a) a copy of the program must be open to inspection at the local government’s public office; and (b) copies of the program must be available for purchase at the local government’s public office at the price stated in the notice. 1101 Power of entry under approved inspection program (1) Subject to subsection (2), an authorised person may enter a place under an approved inspection program at any reasonable time of the day or night. (2) For a building or other structure, or the part of the building or other structure, used for residential purposes, subsection (1)— (a) applies if entry is made to monitor compliance with the requirements for a budget accommodation building

s 1101A 651 Local Government Act 1993 s 1101A under the Building Act 1975 , chapter 7; but (b) otherwise does not apply. Division 7A Monitoring commission water restrictions 1101A Power of entry for monitoring commission water restrictions (1) This section applies if an authorised person— (a) reasonably suspects a commission water restriction is being, or has been, contravened at any place; or (b) reasonably considers it is necessary to enter a non-residential place to conduct an audit or inspection to monitor compliance with a commission water restriction. (2) Subject to subsections (3) and (5), the authorised person may enter the place for the purpose of monitoring compliance with the commission water restriction at any reasonable time of the day or night. (3) Before entering the place, the authorised person must do, or make a reasonable attempt to do, the following things— (a) identify himself or herself to an occupier, by complying with section 1088; (b) tell the occupier the purpose of the entry. (4) Subsection (3) does not require the authorised person to take a step that may frustrate or otherwise hinder the purposes of the entry. (5) For subsection (1)(a), a place does not include a building or other structure, or the part of a building or other structure, used for residential purposes. (6) In this section— commission water restriction see the Water Act 2000 , schedule 4.

s 1102 652 Local Government Act 1993 s 1102 non-residential place means a place not used for residential purposes. Division 8 Powers on entry 1102 General powers after entering places (1) This section applies to an authorised person who enters a place under division 4, 6, 7 or 7A. (2) The authorised person may— (a) if the entry is under division 4—search any part of the place; or (b) inspect, test, photograph or film anything in or on the place; or (c) copy a document in or on the place; or (d) take samples of or from anything in or on the place; or (e) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this division; or (f) require the occupier of the place, or a person in or on the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e). (3) A person required to give reasonable help under subsection (2)(f) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—8 penalty units. (4) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person. (5) This section does not apply to an authorised person who enters a place under section 1091(2)(b) to get the occupier’s agreement unless the agreement is given or the entry is otherwise authorised.

s 1103 653 Local Government Act 1993 s 1104 Division 9 Other enforcement matters 1103 Authorised person to give notice of damage (1) This section applies if— (a) an authorised person damages anything in the exercise of a power under this part; or (b) a person who is authorised by an authorised person to take action under this part damages anything in taking the action. (2) The authorised person must promptly give written notice of the particulars of the damage to the person who appears to be the thing’s owner. (3) However, if for any reason it is not practicable to comply with subsection (2), the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened. (4) In this section— owner of a thing includes the person in possession or control of the thing. (5) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice. (6) This section does not apply to damage the authorised person believes, on reasonable grounds, is trivial. 1104 Compensation (1) A person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this part, including, for example, in complying with a requirement made of the person under this part. (2) Compensation may be claimed and ordered in a proceeding for— (a) compensation brought in a court of competent jurisdiction; or

s 1105A 654 Local Government Act 1993 s 1105A (b) an offence against a local government Act brought against the person making the claim for compensation. (3) A court may order compensation to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case. (4) The regulations may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order. Division 11 Consideration of errors or omissions in registers of interests and election disclosure returns Subdivision 1 Preliminary 1105A Definitions for div 11 In this division— appointing officer , for an investigating officer, means— (a) if the investigating officer is an investigating officer for the department—the department chief executive; or (b) if the investigating officer is an investigating officer for a local government—the chief executive officer of the local government. department chief executive means the chief executive of the department. incorrect , for a register or return, includes incomplete. investigating officer — 1 An investigating officer , for the department, means a person who is appointed under this division as an investigating officer for the department. 2 An investigating officer , for a local government, means a person who is appointed under this division as an investigating officer for the local government.

s 1105B 655 Local Government Act 1993 s 1105C register means a register of interests under section 247. return means— (a) a return under section 242; or (b) a return under chapter 5, part 8. Subdivision 2 Investigating officers 1105B Appointment (1) The department chief executive may appoint a person as an investigating officer for the department. (2) The chief executive officer of a local government may act for the local government to appoint a person as an investigating officer for the local government. (3) The appointing officer may appoint a person as an investigating officer only if the appointing officer is satisfied— (a) the appointment is reasonably necessary for the proper administration of this division; and (b) the person has the necessary expertise or experience for the appointment. 1105C Investigating officer’s powers (1) An investigating officer holds office on the conditions stated in— (a) the investigating officer’s instrument of appointment; or (b) a signed notice given to the investigating officer; or (c) a regulation. (2) Subject to any limitation under subsection (3), for any matter arising under this division in relation to a register or a return, the investigating officer— (a) has all the powers of an investigating officer under this division; and

s 1105D 656 Local Government Act 1993 s 1105E (b) without further appointment, is an authorised person under divisions 4, 5, 8 and 9. (3) The instrument of appointment, a signed notice given to the investigating officer or a regulation may limit the investigating officer’s powers under this Act, including the powers the investigating officer may exercise as an authorised person. (4) In this section— signed notice means a notice signed by the investigating officer’s appointing officer. 1105D Investigating officer’s identity card (1) An investigating officer’s appointing officer must give the investigating officer an identity card. (2) The identity card must— (a) contain a recent photograph of the investigating officer; and (b) contain a copy of the investigating officer’s signature; and (c) identify the investigating officer as an investigating officer under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this division and other provisions, Acts or purposes, including for example for the purposes of the investigating officer’s holding office as an authorised person under this part. 1105E Production or display of identity card (1) In exercising a power under this division in relation to another person, an investigating officer must— (a) produce the investigating officer’s identity card for the other person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.

s 1105F 657 Local Government Act 1993 s 1105I (2) However, if it is not practicable to comply with subsection (1), the investigating officer must produce the identity card for the other person’s inspection at the first reasonable opportunity. 1105F When investigating officer ceases to hold office (1) An investigating officer ceases to hold office if any of the following happens— (a) the term of office stated in a condition of office ends; (b) under another condition of office, the investigating officer ceases to hold office; (c) the investigating officer’s resignation under section 1105G takes effect. (2) Subsection (1) does not limit the ways an investigating officer for a local government may cease to hold office. (3) In this section— condition of office means a condition on which the investigating officer holds office. 1105G Resignation An investigating officer may resign by signed notice given to the investigating officer’s appointing officer. 1105H Return of identity card A person who ceases to be an investigating officer must return the person’s identity card to the investigating officer’s appointing officer within 21 days after the person ceases to be an investigating officer, unless the person has a reasonable excuse. Maximum penalty—10 penalty units. 1105I Impersonation of an investigating officer A person must not pretend to be an investigating officer. Maximum penalty—50 penalty units.

s 1105J 658 Local Government Act 1993 s 1105L Subdivision 3 Investigations 1105J Making of inquiries for local government (1) This section applies if the chief executive officer of a local government suspects or believes, on reasonable grounds, that information included in a register or return held by the local government is incorrect because of an error or omission. (2) The chief executive officer, or, if directed by the chief executive officer, an investigating officer for the local government, may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or return is incorrect. 1105K Making of inquiries for department (1) This section applies if the department chief executive suspects or believes, on reasonable grounds, that information included in a register or return held by a local government is incorrect because of an error or omission. (2) Without limiting subsection (1), receiving a report under this division from the chief executive officer of the local government may provide reasonable grounds under subsection (1). (3) An investigating officer for the department, if directed by the department chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or return is incorrect. 1105L Power to require information or document for local government investigation (1) This section applies if the chief executive officer of a local government suspects or believes, on reasonable grounds, that— (a) either or both of the following applies— (i) information included in a register or return held by the local government is incorrect because of an error or omission;

s 1105L 659 Local Government Act 1993 s 1105L (ii) an offence against this Act has been committed in relation to a register or return; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. (2) The chief executive officer, or, if directed by the chief executive officer, an investigating officer for the local government, may require the person to give the information or produce the document. (3) When making the requirement, the chief executive officer or investigating officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person. (6) It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or investigating officer is not relevant to the error, omission or offence. (7) If the person produces a document to the chief executive officer or investigating officer, the chief executive officer or investigating officer— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy.

s 1105M 660 Local Government Act 1993 s 1105M 1105M Power to require information or document for department investigation (1) This section applies if the department chief executive suspects or believes, on reasonable grounds, that— (a) either or both of the following applies— (i) information included in a register or return held by a local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed in relation to a register or return; and (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence. (2) Without limiting subsection (1), receiving a report under this division from the chief executive officer of the local government may provide reasonable grounds under subsection (1). (3) The chief executive, or, if directed by the chief executive, an investigating officer for the department, may require the person to give the information or produce the document. (4) When making the requirement, the chief executive or investigating officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse. (5) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (6) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person. (7) It is a defence in a prosecution under subsection (5) that the information or document sought by the chief executive or

s 1105N 661 Local Government Act 1993 s 1105O investigating officer is not relevant to the error, omission or offence. (8) If the person produces a document to the chief executive or investigating officer, the chief executive or investigating officer— (a) may keep the document to take an extract from it or make a copy of it; and (b) must return the document to the person as soon as practicable after taking the extract or making the copy. 1105N Referral to department (1) This section applies if, because of inquiries or requirements made under this subdivision by the chief executive officer of a local government or an investigating officer for a local government, the chief executive officer of the local government concludes on reasonable grounds that an offence has been committed under this Act in relation to a return or register. (2) The chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department chief executive. (3) Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Misconduct Act 2001 to notify the CMC of any complaint, information or matter that the chief executive officer suspects involves, or may involve, official misconduct under that Act. 1105O Access to information in register (1) To remove any doubt, it is declared that a relevant person acting under this division in relation to a register held by a local government is, for section 248(2)(c)(ii), a person permitted by law to have access to information in the register. (2) In this section— relevant person means— (a) the department chief executive; or

s 1105P 662 Local Government Act 1993 s 1107 (b) an investigating officer for the department; or (c) an investigating officer for the local government. Subdivision 4 Chief executive officer’s authority under division 11 1105P Chief executive officer not subject to local government The chief executive officer of a local government is not subject to direction by or the approval of the local government in acting under this division. Part 6 Legal processes involving local governments 1106 Authentication of documents made by local governments A document made by a local government— (a) is sufficiently authenticated if it is signed for the local government by— (i) the local government’s mayor or chief executive officer; or (ii) an employee of the local government authorised by the mayor or chief executive officer for the purpose; and (b) is not sufficiently authenticated if the only signature purporting to be for the local government is that of a person other than a person mentioned in paragraph (a). 1107 Service of documents on local governments A document required or permitted to be served on a local government is properly served if it is given in a way authorised by law to the local government’s chief executive officer.

s 1108 663 Local Government Act 1993 s 1110 1108 Substituted service (1) If an owner of rateable land is known to be absent from the State, a local government may serve a document on the owner by serving it on the owner’s agent in the State. (2) If a local government does not know, or is uncertain about, the current address of the place of residence or business of a person, a document may be served on the person— (a) if the identity of the person is known—by addressing the document to the person and publishing notice of its substance once in the gazette and once in a newspaper circulating generally throughout the State; or (b) if the identity of the person is not known—by addressing the document to the ‘owner’ or ‘occupier’ of the land or premises identified in the address and publishing notice of its substance once in the gazette and once in a newspaper circulating generally throughout the State. 1109 Exemption from stating law in the case of substituted service (1) A provision of a local government Act requiring a document given to any person to contain or be accompanied by a statement of any relevant provision of law is taken to be complied with despite the absence of the statement if— (a) the document is served in a way permitted by section 1108; and (b) subsection (2) is complied with. (2) A document served in circumstances mentioned in subsection (1) must contain a statement to the effect that particulars of the relevant provision of law may be obtained, free of charge, on application to the local government. 1110 Service on time share owners A document is taken to be properly served under a local government Act on the owners of a structure subject to a time share scheme if it is addressed to the ‘owners’ of the land or

s 1111 664 Local Government Act 1993 s 1112 structure identified in the address and served in a way authorised by law— (a) on the person named in the notice given to the local government under section 1124 as the person responsible for administration of the scheme as between the participants in the scheme; and (b) at the address for service specified in the notice. 1111 Acting for local government in legal proceedings (1) In a legal proceeding, the chief executive officer of a local government or other employee authorised in writing by the local government— (a) may give instructions and act as authorised agent for the local government; and (b) may sign all documents for the local government. (2) A local government must pay the costs incurred by the chief executive officer or other employee of the local government in a legal proceeding. (3) If the Attorney-General could take a proceeding on the relation of a local government to secure compliance with an Act, the local government is taken to sufficiently represent the public interest and may take the proceeding in its own name. 1112 Judges and other office holders not disqualified from adjudicating A judge, magistrate or justice or a presiding member of the Land and Resources Tribunal is not disqualified from adjudicating in a proceeding to which a local government is a party only because the person is, or is liable to be, a ratepayer of the local government.

s 1113 665 Local Government Act 1993 s 1116 Part 7 Evidentiary matters 1113 Constitution and limits of local government need not be proved It is not necessary for the plaintiff in a legal proceeding started by, for or against a local government to prove— (a) the local government’s constitution; or (b) the limits of the local government’s area; or (c) the limits of a division of the local government’s area. 1114 Proof of voters roll In a proceeding, a document purporting to be a copy of the voters roll for a local government’s area or a division of a local government’s area, and to be certified by the chief executive officer of the local government, is evidence of the roll and of the matters contained in the roll. 1115 Proof of proceedings of local government In a proceeding— (a) an entry in a record kept by the chief executive officer of a local government purporting to record the proceedings of the local government, or of any of its committees, and to be signed by the mayor of the local government or chairperson of the committee, at the time the entry was made; or (b) a document purporting to be a copy of, or an extract from, the entry certified by the local government’s current chief executive officer; is evidence of the proceedings recorded by the entry and that the meeting at which the recorded proceedings happened was properly held. 1116 Evidentiary value of land record In a proceeding in which the liability for rates is relevant, an entry in the land record kept by a local government under this

s 1117 666 Local Government Act 1993 s 1118 Act, or a document purporting to be a copy of or an extract from the entry certified by the local government’s chief executive officer, is evidence— (a) of the matters contained in the entry; and (b) that the valuation and rate recorded in the entry were properly made; and (c) that the person recorded in the entry as owner of the land mentioned in the entry is liable for payment of the rates levied for the land. 1117 Evidentiary value of copies and certificates (1) A copy of a document purporting to be made under authority of a local government or its mayor and purporting to be verified by the mayor or an employee authorised by it, is taken to be, or to evidence, a document made under the local government’s authority or its mayor in the absence of evidence to the contrary. (2) The copy of the document is evidence in a proceeding as if it were the original of the document. (3) A certificate purporting to be signed by the chief executive officer of a local government about the state of, or a fact appearing from, a record of the local government is evidence in a proceeding of the matters contained in the certificate. 1118 Proof of matters about roads (1) In this section— appropriate officer of a local government means an employee of the local government responsible for a road register kept by the local government under this Act. (2) In a proceeding— (a) a road register kept by a local government under this Act or a document purporting to be certified by the appropriate officer to be a copy of, or an extract from, an entry in the register is evidence of the categorisation and levels of a road in the local government’s area; and

s 1119 667 Local Government Act 1993 s 1122 (b) a certificate purporting to be that of the appropriate officer that the alignment or level of a road in the local government’s area has not been fixed is evidence of the matters contained in the certificate. 1119 Proof of directions given to local government In a proceeding, a document purporting to be certified by or for the Minister as a true copy of a direction given to a local government by the Governor in Council or the Minister under this Act is evidence of the giving of the direction and of the matters contained in the direction. 1120 Proof of orders for costs In a proceeding, a document purporting to be certified by the person who constitutes an appeal tribunal or a responsible person associated with the conduct of an appeal tribunal as a true copy of an order for payment of costs made by the appeal tribunal under this Act is evidence of the making of the order and of the matters contained in the order. 1121 Proof of complainant’s knowledge of matter In a complaint starting a proceeding, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. Part 8 General administrative matters 1122 Ownership of things in local government’s control (1) In this section— roadway means the part of a road used by vehicles, bicycles or pedestrians, and includes— (a) a bridge, culvert, ferry, ford, tunnel or viaduct; and

s 1123 668 Local Government Act 1993 s 1124 (b) works associated with the road, including, for example, gutters, stormwater drains, kerbing and channelling. (2) The materials in wharves, jetties and other structures or works under the control of a local government, and in improvements to them, are the local government’s property. (3) If a local government, in exercise of the jurisdiction of local government, constructs a roadway or other structure or performs any works on someone else’s land, the materials in the roadway, structure or works are the local government’s property. (4) Subsection (3) does not apply to the materials in— (a) an open drain other than any lining of the drain; or (b) anything that is the outcome of work performed under section 1066. 1123 Insurance against liability A local government must insure itself by way of— (a) public liability insurance; and (b) professional indemnity insurance; in relation to its exercise of local government jurisdiction to a minimum amount prescribed by regulation. 1124 Notice of time share scheme to local government (1) If a time share scheme is implemented for a structure on land, the owner of the land must, within 30 days after the implementation, give to the local government written notice of the implementation. (2) The notice must— (a) include information about the number of parts of the structure that may at any time be occupied for residential purposes by a person to the exclusion of other occupants of the structure; and (b) specify the name and address for service of notices of the person responsible for administration (including

s 1125 669 Local Government Act 1993 s 1126 maintenance of the structure and other property) of the scheme as between the participants in the scheme; and (c) be signed by or for the owner and person mentioned in paragraph (b). (3) A time share scheme is taken to be implemented when any person becomes or agrees to become a participant in the scheme. 1125 Changes affecting time share schemes (1) If the address for service of a person (the previous nominated person ) whose name and address for service are notified to a local government under section 1124 changes, the person must immediately give to the local government written notice of the new address for service. (2) If at any time after a notice has been given to a local government under section 1124 another person becomes responsible for administration of the time share scheme as between the participants in the scheme, the previous nominated person and the person (the new nominated person ) who has become responsible for the administration must immediately give to the local government notice of the name and address for service of notices of the new nominated person. 1126 Land registry searches free of charge (1) This section applies to any of the following persons— (a) the chief executive officer of a local government; (b) an employee of a local government who is authorised by the chief executive officer; (c) a solicitor or other agent acting for a local government; (d) an employee of a solicitor or agent mentioned in paragraph (c) who is authorised by the solicitor or agent. (2) The person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.

s 1127 670 Local Government Act 1993 s 1129 Chapter 16 Local government staff Part 1 Corporate structure and staff resources 1127 Corporate structure (1) A local government must have a corporate structure appropriate for the conduct of its affairs. (2) The corporate structure must be approved by the local government by resolution. 1128 Resources for staff A local government must, by resolution, decide the resources to be allocated to the employment of staff. Part 2 Employment of staff and personnel practices 1129 Employment of staff (1) A local government— (a) must appoint and employ an individual as its chief executive officer; and (b) may employ other employees for the exercise of its jurisdiction of local government. (2) The chief executive officer is to appoint the other employees of the local government. (3) However, the local government may decide that it, rather than the chief executive officer, is to appoint employees to fill particular senior executive positions. (4) In appointing employees, the chief executive officer must act consistently with—

s 1130 671 Local Government Act 1993 s 1131 (a) the corporate structure approved by the local government; and (b) the resources the local government has decided to allocate to the employment of staff. (5) The terms of employment of a local government’s employees are to be decided by it. (6) However, subsection (5) has effect subject to any relevant industrial award or agreement. 1130 Personnel practices A local government must comply with the following principles in its personnel practices— (a) processes for appointing persons to positions are to be directed towards ensuring proper assessment of merit of each applicant; (b) employees are to be treated fairly and equitably without resort to arbitrary action, irrelevant personal preference or coercion; (c) employees are to be given, as far as practicable, effective education, training and development directed to better organisational and individual performance. Part 3 Chief executive officer and other employees 1131 Role of chief executive officer (1) The chief executive officer of a local government has the role of implementing the local government’s policies and decisions. (2) On a day-to-day basis, the chief executive officer’s role includes managing the local government’s affairs. (3) The chief executive officer alone is responsible for—

s 1132 672 Local Government Act 1993 s 1132 (a) organising the presentation of reports and reporting to the local government; and (b) conducting correspondence between the local government and other persons; and (c) managing and overseeing the administration of the local government and its corporate plan; and (d) coordinating the activities of all employees of the local government. (4) The chief executive officer has— (a) all the powers necessary for performing the chief executive officer’s role; and (b) the powers the local government specifically delegates to the chief executive officer. 1132 Delegation by chief executive officer (1) The chief executive officer of a local government may delegate the chief executive officer’s powers (including powers delegated to the chief executive officer by the local government) to another employee of the local government. (2) However, the chief executive officer may not delegate— (a) a power delegated by the local government if the local government has directed the chief executive officer not to further delegate the power; or (b) a power under section 247 or 1139. (2A) Also, the chief executive officer may not delegate the chief executive officer’s power to sign a drafting certificate for a proposed interim local law, proposed local law or subordinate local law. (3) All delegations made by the chief executive officer must be recorded in a register of delegations kept by the chief executive officer. (4) The register must contain the particulars prescribed by regulation. (5) The register is open to inspection.

s 1133 673 Local Government Act 1993 s 1135 (6) In this section— employee of a local government includes— (a) a person who contracts with it to provide services to it; and (b) a person prescribed by regulation. 1133 Selection of chief executive officer (1) In selecting a person to be its chief executive officer, a local government must have regard to— (a) the role of the chief executive officer; and (b) the extent of its resources and jurisdiction of local government. (2) A local government must appoint as its chief executive officer a person with enough ability, experience, knowledge and skills to effectively perform the chief executive officer’s role. 1134 Acting chief executive officer A local government may appoint a person to act as its chief executive officer during— (a) any vacancy, or all vacancies, in the position; or (b) any period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the position’s duties. 1135 Requests to employees for help or advice (1) A local government councillor may ask for help or advice from— (a) the chief executive officer; or (b) if the request is made under guidelines made by the chief executive officer—another employee of the local government. (2) If a councillor asks for help or advice from another employee of the local government other than under guidelines made by

s 1136 674 Local Government Act 1993 s 1137 the chief executive officer, the employee must tell the chief executive officer about the request as soon as is practicable. (3) However, the mayor of the local government may ask for reasonable help or advice from any employee. (4) In this section— employee of a local government includes— (a) a person who contracts with the local government to provide services to it; and (b) a person prescribed by regulation. 1136 Role of other local government employees The employees of a local government, under the chief executive officer’s direction, help the chief executive officer to implement the local government’s policies and decisions. 1137 Concurrent employment of local government employees (1) An employee of a local government, other than its chief executive officer— (a) may hold more than 1 position under the local government; and (b) may, with the agreement of each of the local governments concerned, be employed by more than 1 local government. (2) The chief executive officer of a local government may not— (a) hold more than 1 position under the local government; or (b) be employed by another local government. (3) However, the chief executive officer of a component local government also may hold a position under the joint local government.

s 1137A 675 Local Government Act 1993 s 1137B Part 3A Equal opportunity of employment Division 1 Purpose of part and related matters 1137A Purpose and role of EEO (1) The purpose of this part is to promote equality of employment opportunity in local governments. (2) Equality of employment opportunity enhances the capacity of local governments to achieve their objectives by— (a) improving organisational efficiency and productivity through the selection and employment of the best and most talented people; and (b) fulfilling the social justice obligations of equity and fairness; and Note — The social justice obligations of equity and fairness are based on the idea that all people should be able to compete for employment on the basis of the ability to do the job. (c) increasing the effectiveness of service delivery and decision-making by adopting an employee profile more accurately reflecting the community profile. 1137B How purpose is to be achieved (1) The purpose of this part is to be achieved by— (a) requiring each local government to develop an EEO management plan complying with subsection (2); and (b) requiring each local government to implement its EEO management plan under division 3; and (c) establishing procedures to monitor compliance with the requirements. (2) An EEO management plan must be capable of—

s 1137C 676 Local Government Act 1993 s 1137D (a) enabling members of the target groups to do the following as effectively as people who are not members of the target groups— (i) compete for recruitment, selection, promotion and transfer in the particular local government; (ii) pursue careers in the particular local government; and (b) eliminating unlawful discrimination by the particular local government or its employees against members of the target groups in employment matters. 1137C Merit principle reinforced Nothing in this part is taken to require an action incompatible with the principle that recruitment, selection, promotion and transfer are to be dealt with on the basis of merit. 1137D Exemption from compliance with this part (1) The Minister may exempt a local government from complying with a requirement under this part if the Minister considers— (a) the local government should have fewer than 40 employees; and (b) the likely benefits to the local government of adopting and implementing an EEO management plan under this part are outweighed by the likely financial and administrative costs to the local government of adopting and implementing the plan. (2) If the Minister, after considering the criteria set out in subsection (1), exempts the local government from complying with this part, the local government must comply with any conditions of the exemption.

s 1137E 677 Local Government Act 1993 s 1137G Division 2 Development of equal employment opportunity management plan 1137E Local government to develop EEO management plan (1) A local government must develop an EEO management plan to ensure appropriate action is taken by it— (a) to promote equal employment opportunity for members of the target groups in employment matters; and (b) to eliminate unlawful discrimination by it against members of the target groups in employment matters. (2) The EEO management plan must be developed in time for implementation of the plan to begin when the local government’s corporate plan is adopted. (3) A regulation may prescribe how a local government must develop its EEO management plan on an ongoing basis. Division 3 Implementation of plan 1137F Local government to give effect to EEO management plan A local government must take any action necessary to implement its EEO management plan. 1137G Employment powers to be exercised having regard to EEO management plan A person who exercises powers relating to employment matters in a local government must have regard to the local government’s EEO management plan in exercising the powers.

s 1137H 678 Local Government Act 1993 s 1137J Division 4 Supervision by chief executive 1137H Chief executive may take action if dissatisfied with EEO management (1) This section applies if the chief executive is dissatisfied with any matter relating to the action taken by a local government— (a) to promote equal employment opportunity for members of the target groups; or (b) to eliminate unlawful discrimination by the local government against members of the target groups. (2) The chief executive may, by written notice, recommend to the local government’s chief executive officer the action the local government should take to overcome the dissatisfaction. (3) The notice must state the period within which the action the chief executive officer recommends be taken. 1137I Local government to comply with recommendation unless chief executive notified A local government must comply with a notice given to its chief executive officer under section 1137H(2) within the period stated for the action unless the chief executive officer gives the chief executive written notice of the local government’s reason for not complying with the recommendation. 1137J Chief executive’s power if local government does not act or give satisfactory reasons (1) This section applies if the chief executive is not satisfied— (a) the local government has taken the action the chief executive has recommended within the period stated for the action; or (b) about the local government’s reasons given in its notice for not complying with the recommendation. (2) The chief executive may—

s 1137K 679 Local Government Act 1993 s 1137L (a) report the matter to the Minister; or (b) refer the matter, as provided under the QCAT Act, to QCAT to give a report. Division 5 Supervision by QCAT 1137K QCAT’s powers for an investigation (1) When investigating a referral made under section 1137J(2)(b), QCAT may require the particular local government or its chief executive officer— (a) to answer a question; or (b) to give QCAT information; or (c) to produce to QCAT a document or other thing; or (d) to give QCAT a copy of a document. (2) A requirement under subsection (1) must— (a) be in writing; and (b) state or describe the information, document or thing required; and (c) state a reasonable period for compliance. (3) An individual required to answer a question, give information, produce a document or give a copy of a document under this section must comply with the requirement, unless the individual has a reasonable excuse. (4) It is a reasonable excuse for the individual not to comply with the requirement if complying might tend to incriminate the individual. 1137L End of reference (1) At the end of a referral, QCAT must give the following persons a report, with or without recommendations— (a) the relevant chief executive officer of the local government; (b) the chief executive.

s 1137M 680 Local Government Act 1993 s 1138 (2) The chief executive must give the Minister a copy of the report as soon as practicable after receiving it. 1137M Recommendation may be to amend EEO management plan QCAT may, in its report under section 1137L, recommend that a local government amend its EEO management plan in a particular way. 1137N Local government to comply with recommendation A local government must comply with a recommendation given in a report under section 1137L(1). Division 6 Tabling of reports and review of division 1137O Minister may table report The Minister may table in the Legislative Assembly a report given to the Minister under section 1137J(2)(a) or 1137L(2). Part 4 Obligations of local government employees 1138 Integrity of local government employees An employee of a local government must— (a) act with integrity in the position held by the employee; and (b) act in a way that shows a proper concern for the public interest.

s 1139 681 Local Government Act 1993 s 1139 1139 Registers of interests (1) The mayor of the local government must keep— (a) a register of interests of the chief executive officer; and (b) a register of interests of the persons who, under a regulation, are related to the chief executive officer. (2) The chief executive officer must keep— (a) a register of interests of each senior executive officer; and (b) a register of interests of other employees of the local government decided by the local government; and (c) a register of interests of the persons who, under a regulation, are related to the persons mentioned in paragraphs (a) and (b). (3) A register— (a) must relate to only 1 person; and (b) must contain the financial and non-financial particulars prescribed by regulation. (4) If the chief executive officer knows— (a) of an interest that the mayor must record in a register of interests kept under subsection (1) in relation to the chief executive officer or a person who, under a regulation, is related to the chief executive officer (a related person ); or (b) that particulars of an interest recorded in a register kept under subsection (1) about the chief executive officer or a related person are no longer correct; the chief executive officer must tell the mayor of the interest, or the correct particulars, in accordance with the regulations. Maximum penalty—85 penalty units. (5) If another local government employee knows— (a) of an interest that the chief executive officer must record in a register of interests kept under subsection (1) in relation to the employee or a person who, under a

s 1140 682 Local Government Act 1993 s 1140 regulation, is related to the employee (a related person ); or (b) that particulars of an interest recorded in a register kept under subsection (1) about the employee or a related person are no longer correct; the employee must tell the chief executive officer of the interest, or the correct particulars, in accordance with the regulations. Maximum penalty—85 penalty units. (6) In this section— employee of a local government includes— (a) a person who contracts with the local government to provide services to it; and (b) a person prescribed by regulation. 1140 Access to register of interests (1) A register kept by the mayor or chief executive officer (the keeper of the register ) of a local government is not open to inspection other than by— (a) a councillor of the local government; or (b) the chief executive officer; or (c) a person permitted by law to have access to information in the register, or the person’s agent. (2) A person seeking access to a register must apply in writing to the keeper of the register. (3) The keeper of the register must record— (a) the name and home or business address of each person given access to the register; and (b) the day the access is given. (4) The keeper of the register must advise— (a) if the keeper of the register is the mayor—the chief executive officer of any access given to the chief executive officer’s register and any register of a person

s 1141 683 Local Government Act 1993 s 1141 who, under a regulation, is related to the chief executive officer; and (b) if the keeper of the register is the chief executive officer—an employee of any access given to the employee’s register and any register of a person who, under a regulation, is related to the employee. (5) A person must not knowingly disclose information obtained from a register to a person other than a person mentioned in subsection (1)(a), (b) or (c). Maximum penalty—85 penalty units. 1141 Queries on content of register (1) A person who suspects on reasonable grounds that a register does not contain particulars that should be in the register may inform the keeper of the register. (2) The keeper of the register must immediately inform the employee concerned. (3) The employee must, within 30 days of being informed— (a) if the register needs to be amended—give the keeper of the register the appropriate particulars in writing; or (b) if the register does not need to be amended— (i) complete a statutory declaration to the effect that the particulars in the register are a true record of fact; and (ii) give the statutory declaration to the keeper of the register. Maximum penalty—85 penalty units. (4) In this section— employee of a local government includes— (a) a person who contracts with the local government to provide services to it; and (b) a person prescribed by regulation.

s 1142 684 Local Government Act 1993 s 1143 1142 Disclosure of employee’s interest in particular issues (1) An employee of a local government who has a material personal interest in an issue to be, or being, dealt with by the employee in the course of the employee’s duties— (a) must immediately inform the chief executive officer, in writing, of the interest; and (b) must not deal with, or further deal with, the issue except under the chief executive officer’s written directions. Maximum penalty—35 penalty units. (2) If the employee mentioned in subsection (1) is the chief executive officer, the references in paragraphs (a) and (b) to the chief executive officer are taken to be references to the mayor. (3) In this section— employee of a local government includes— (a) a person who provides services to the local government under a contract; and (b) a person prescribed by regulation. 1143 Improper conduct by local government employees (1) A local government employee must not ask for or accept a fee or another benefit (other than remuneration paid by the local government) for doing something as a local government employee. Maximum penalty—35 penalty units. (2) A person who is or has been a local government employee must not make improper use of information acquired as a local government employee— (a) to gain, directly or indirectly, an advantage for the person or someone else; or (b) to cause harm to the local government. Maximum penalty—35 penalty units. (3) A local government employee must not wilfully destroy or damage property or records of the local government.

s 1144 685 Local Government Act 1993 s 1146 Maximum penalty—35 penalty units. (4) A person who is or has been a local government employee must not release information the person knows, or should reasonably know, is information that— (a) is confidential to the local government; and (b) the local government wishes to keep confidential. Maximum penalty—35 penalty units. (5) In this section— employee of a local government includes— (a) a person who provides services to the local government under a contract; and (b) a person prescribed by regulation. 1144 Indemnity for local government employees (1) A local government employee does not incur civil liability for an act or omission done honestly and without negligence under this Act. (2) A liability that would, apart from this section, attach to a local government employee attaches instead to the local government. Part 5 Disciplinary action 1145 Limitations on who may take disciplinary action Disciplinary action against an employee of a local government may be taken only by the appointer of the employee. 1146 When disciplinary action may be taken The appointer of a local government employee may take disciplinary action against the employee if the appointer is satisfied the employee—

s 1147 686 Local Government Act 1993 s 1148 (a) has engaged in misconduct; or (b) has been incompetent or neglected the employee’s duty. 1147 Types of disciplinary action (1) Disciplinary action against an employee of a local government may be— (a) dismissal; or (b) demotion; or (c) a deduction from salary or wages of an amount of not more than 2 penalty units; or (d) a written reprimand. (2) Not later than 2 years after a local government takes disciplinary action against an employee, it must destroy any record it has of the disciplinary action taken. 1148 Deductions from salary or wages If disciplinary action taken against a local government employee consists of a deduction from the salary or wages of the employee, the local government may make the deduction— (a) if no appeal is brought against the disciplinary action—once the period for starting an appeal against the disciplinary action has ended; or (b) if an appeal is brought against the disciplinary action and the decision on the appeal confirms the deduction or changes the amount of the deduction—once notice of the decision is given to the employee; or (c) if an appeal is brought against the disciplinary action and the decision on appeal changes the disciplinary action to a deduction from the salary or wages of the employee—once notice of the decision is given to the employee; or (d) if an appeal is brought against the disciplinary action and the appeal is discontinued or struck out—once the appeal is discontinued or struck out.

s 1149 687 Local Government Act 1993 s 1150 1149 Suspension of employees (1) If it appears on reasonable grounds to the appointer of a local government employee that the employee is liable to disciplinary action under section 1146, the appointer may suspend the employee from duty. (2) If disciplinary action is not taken against an employee who is suspended from duty within 14 days after the suspension happens, the suspension stops. (3) Suspension of an employee from duty does not affect— (a) the continuity of the employee’s service in employment with the local government; and (b) the entitlements previously accrued to the employee from employment with the local government; or (c) the accrual of entitlements to the employee during the period of suspension. (4) A suspended employee must be paid the employee’s full remuneration as at the start of the suspension for the period of suspension if— (a) the disciplinary action taken against the employee is other than dismissal; or (b) if the disciplinary action taken against the employee is dismissal—on an appeal under any Act, an order is made for the employee’s reinstatement or re-employment; or (c) no disciplinary action is taken against the employee. (5) A suspended employee must not be paid remuneration while the suspension is in force. 1150 Employee to be given notice of grounds for disciplinary action (1) A local government employee against whom disciplinary action is taken must, when the employee is given notice of the disciplinary action taken, be given written notice of— (a) the grounds on which the action is taken; and

s 1151 688 Local Government Act 1993 s 1153 (b) the particulars of conduct claimed to support the grounds. (2) The grounds and particulars are taken to be the only grounds and particulars for the disciplinary action taken, and no other ground or particular of conduct can be advanced in any proceeding to support the disciplinary action. Part 6 Appeals about disciplinary action 1151 Appeal against disciplinary action (1) A local government employee who is dissatisfied with disciplinary action taken against the employee may appeal to an appeal tribunal. (2) However, an employee may not appeal to an appeal tribunal if the disciplinary action taken against the employee is dismissal. (3) This section does not prevent an employee from seeking relief against a dismissal under the Industrial Relations Act 1999 . 1152 Formation of appeal tribunal An appeal tribunal for this part is formed by a person, appointed by the Minister, who is independent of the local government and the employee. 1153 Secretary of appeal tribunals (1) The chief executive of the department is the secretary of each appeal tribunal formed under this part. (2) A regulation may provide for— (a) how the chief executive is to help appeal tribunals to operate; and (b) how the chief executive is to advise parties of the results of appeals; and

s 1154 689 Local Government Act 1993 s 1156 (c) certification by the chief executive of amounts payable by persons under this part; and (d) the use of the certificates in proceedings for the recovery of the amounts. 1154 Expenses of tribunal (1) A person forming an appeal tribunal is entitled to be paid the salary, fees and allowances decided by the Governor in Council. (2) A local government whose employee appeals under this part to an appeal tribunal must meet— (a) all expenses properly incurred by the appeal tribunal (including salaries, fees and allowances payable to the person forming the appeal tribunal); and (b) the cost to the department of providing the services of a secretary and other necessary administrative services to the appeal tribunal. 1155 Grounds of appeal An appeal to an appeal tribunal may be brought on 1 or more of the following grounds— (a) there has been a failure to comply with procedures required by law for taking disciplinary action against the appellant; (b) the appellant is innocent of the matter claimed as grounds for the disciplinary action; (c) the grounds for the disciplinary action are unreasonable or insufficient; (d) the disciplinary action taken is excessive. 1156 Decisions open to appeal tribunal (1) On an appeal the appeal tribunal may— (a) if the appeal is against demotion—allow the appeal and order reinstatement of the appellant in the position held

s 1157 690 Local Government Act 1993 s 1158 by the appellant immediately before demotion, without loss of service; or (b) allow the appeal, set aside the disciplinary action taken and order the taking of the disciplinary action that, in the tribunal’s opinion, should be taken against the appellant; or (c) if the appeal is against disciplinary action other than demotion—allow the appeal and set aside the disciplinary action taken; or (d) dismiss the appeal and confirm the disciplinary action taken. (2) If an appeal tribunal is satisfied that an appellant was not given written notice under section 1150, the tribunal must allow the appeal and order that the appellant be restored, in all respects, to a position no less favourable than the appellant would have been in if the disciplinary action had not been taken. (3) In assessing whether disciplinary action is excessive, an appeal tribunal may have regard to the appellant’s employment record. 1157 Duties of appeal tribunal In hearing an appeal, the appeal tribunal— (a) must observe natural justice; and (b) must act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. 1158 How to start an appeal (1) An appeal is started by— (a) filing a written notice of appeal with the chief executive of the department; and (b) giving a copy of the notice to the local government. (2) The notice of appeal must be filed within 1 month after the employee is given notice of the disciplinary action taken.

s 1159 691 Local Government Act 1993 s 1161 (3) However, if an appeal is filed late— (a) the Minister still must appoint a person to form an appeal tribunal for the appeal; and (b) whether or not the appeal is heard is in the discretion of the appeal tribunal. (4) The notice of appeal must state the grounds of appeal. 1159 Appeal tribunal may decide procedures (1) The appeal tribunal— (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate; and (c) may decide the procedures to be followed before the appeal starts, and in the appeal. (2) However, the appeal tribunal must comply with this part and any procedural rules prescribed by regulation. 1160 Preliminary hearing of appeals (1) Without limiting section 1159(1)(c), the appeal tribunal may conduct a preliminary hearing of an appeal to decide interlocutory and other preliminary matters. (2) In a preliminary hearing, the appeal tribunal may— (a) make orders for the conduct of the appeal; or (b) require parties to make discovery or permit inspection of evidentiary material; or (c) require parties to file pleadings; or (d) give a party leave to be represented by counsel or a solicitor; or (e) strike out the appeal because it is frivolous or vexatious. 1161 Appeal tribunal’s powers In hearing an appeal, the appeal tribunal may—

s 1162 692 Local Government Act 1993 s 1163 (a) act in the absence of a person who has been given reasonable notice; and (b) receive evidence on oath or by statutory declaration; and (c) adjourn the appeal; and (d) permit a document to be amended; and (e) disregard any defect, error, omission or insufficiency in a document; and (f) give a party leave to be represented by counsel or a solicitor. 1162 Prosecution of appeal (1) An appeal must be prosecuted diligently. (2) An appeal tribunal may strike out an appeal if it considers the appellant is not prosecuting the appeal diligently. (3) An appeal may be discontinued by the appellant by written notice given to the appeal tribunal and to the respondent. 1163 Notice to witness (1) The person forming the appeal tribunal may, by written notice given to a person, require the person to attend an appeal at a specified time and place to give evidence or produce specified documents. (2) A person required to appear as a witness before an appeal tribunal is entitled to the witness fees prescribed by regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the appeal tribunal. (3) Fees to which a witness is entitled under subsection (2) must be paid to the witness— (a) if the witness is called by the appellant to give evidence—by the appellant; and (b) if the witness is not called by the appellant—by the local government.

s 1164 693 Local Government Act 1993 s 1166 1164 Duty of witness at appeal (1) A person appearing as a witness at an appeal must not— (a) fail to take an oath or make an affirmation when required by the appeal tribunal; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by the appeal tribunal; or (c) fail, without reasonable excuse, to produce a document the person is required to produce by a notice under section 1163(1). Maximum penalty—35 penalty units. (2) It is a reasonable excuse for a person to fail to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person. 1165 Leave for attending an appeal (1) A local government must give leave of absence on full pay to an employee who— (a) gives evidence at an appeal; or (b) is the agent of the appellant at an appeal. (2) The leave of absence must be for the period reasonably necessary for attending the appeal. 1166 Contempt of appeal tribunal A person must not— (a) insult the person forming the appeal tribunal in an appeal; or (b) deliberately interrupt an appeal; or (c) create or continue, or join in creating or continuing, a disturbance in or near a place where the appeal tribunal is conducting an appeal; or

s 1167 694 Local Government Act 1993 s 1169 (d) do anything that would be a contempt of court if the person forming the appeal tribunal were a judge acting judicially. Maximum penalty—50 penalty units. 1167 Change of person forming appeal tribunal An appeal is not affected by a change in the person forming the appeal tribunal. 1168 Costs of appeal (1) An appeal tribunal may make an order for payment of costs of an appeal as it considers just. (2) Unless an appeal tribunal’s order states otherwise, costs of a proceeding on an appeal are on the scale that applies to taxation of costs in the District Court. (3) In making an order for payment of costs, an appeal tribunal may order— (a) the local government to reimburse the appellant for some or all of the amounts payable by the appellant under section 1163(3); or (b) the appellant to reimburse the local government concerned for some or all of the amounts payable by the local government under— (i) section 1163(3); or (ii) if the appeal tribunal, having heard the evidence in the appeal, considers that the appeal was vexatious or frivolous—section 1154(2). 1169 Recovery on orders of appeal tribunal (1) An order of an appeal tribunal for payment of costs must be in written form and a copy of the order must be given to— (a) the appellant; and (b) the local government.

s 1170 695 Local Government Act 1993 s 1170 (2) A document purporting to be a copy of an order of an appeal tribunal for payment of a stated amount of costs may be filed in the registry of a court having jurisdiction in an action for debt in the amount stated in the order, and enforced as an order of the court. (3) If an order of an appeal tribunal for payment of costs does not state the amount to be paid, the costs payable may be recovered by action in a court of competent jurisdiction as a debt payable by the person by whom the costs are ordered to be paid, to the person to whose benefit the order was made. Chapter 17 Superannuation Part 1 Interpretation 1170 Definitions In this chapter— approved scheme see section 1190. audit , of a superannuation scheme, means an audit required under the Commonwealth Superannuation Act. board means the Queensland Local Government Superannuation Board. contributory member , of the LG Super scheme, means a member who is required to make contributions for membership of the LG Super scheme. election notice , for an employee of a local government, means a written notice given to the local government and board by the employee electing to become a permanent employee for this chapter. eligible member see section 1181(1). employees’ scheme means the Local Government Employees’ Superannuation Scheme under the repealed Act.

s 1170 696 Local Government Act 1993 s 1170 LG Super scheme see section 1180(1). local government includes a local government entity. local government entity means an entity— (a) that— (i) under an Act, exercises a power similar to a local government power; or (ii) under an Act, exclusively performs a function in relation to the system of local government; or (iii) exclusively exercises a local government power for a local government; or (iv) helps a local government in exercising its jurisdiction; and (b) that is prescribed under the regulations to be a local government entity for this chapter. local government power means a power that may be exercised by a local government in exercising its jurisdiction of local government. member means a member of the LG Super scheme. non-contributory member , of the LG Super scheme, means a member who is not required to make contributions for membership of the LG Super scheme. permanent employee , of a local government, see section 1171. prescribed number , of directors, see section 1178(1). relevant person means a person (other than an eligible member) who— (a) works for, or provides a service to, a local government; and (b) is prescribed under the regulations as a relevant person. relevant persons scheme means a superannuation scheme providing superannuation, retirement or other similar benefits for relevant persons. repealed Act means the Local Government Superannuation Act 1985 .

s 1171 697 Local Government Act 1993 s 1171 salary , of an employee, means the employee’s salary under the trust deed. special permanent employee , of a local government, means a permanent employee who, immediately before the commencement, was required under the repealed Act to make contributions for membership of the employees’ scheme at the rate of 5% of the employee’s salary. standard permanent employee , of a local government, means a permanent employee who— (a) immediately before the commencement, was required under the repealed Act to make contributions for membership of the employees’ scheme at the rate of 6% of the employee’s salary; or (b) starts employment after the commencement. trust deed see section 1180(2). 1171 Meaning of permanent employee (1) A permanent employee of a local government (other than a local government entity) is an employee of the local government who— (a) has been continuously employed by the local government, or the local government and other local governments consecutively, for at least 1 year; or (b) has— (i) been continuously employed by the local government, or the local government and other local governments consecutively, for less than 1 year; and (ii) given an election notice to the local government and board. (2) However, if an employee is solely employed by a local government to carry out work on a particular job or project and the employee’s employment is dependent on the time taken to carry out the job or project, the employee is not a permanent employee.

s 1172 698 Local Government Act 1993 s 1173 (3) Also, a person employed by a local government under a Commonwealth funded community development project for Aborigines or Torres Strait Islanders is not a permanent employee. (4) For subsection (1), an employee is not continuously employed if— (a) the employee’s employment is broken by at least 60 consecutive days when the employee was not employed, and is not in a position to accept an offer of employment, by a local government; or (b) the board is satisfied the employee is no longer employed by a local government and has no intention of taking up employment with a local government. (5) An employee of a local government entity is also a permanent employee if the entity declares the employee to be a permanent employee for this chapter by written notice given to the board. Part 2 Queensland Local Government Superannuation Board Division 1 Establishment, functions and powers of board 1172 Establishment of board The board established under the repealed Act is continued in existence under the name, Queensland Local Government Superannuation Board. 1173 Legal status of board (1) The board— (a) is a body corporate; and

s 1174 699 Local Government Act 1993 s 1176 (b) has a seal; and (c) may sue and be sued in its corporate name. (2) Judicial notice must be taken of the imprint of the board’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is established. 1174 Board’s functions The board’s functions are— (a) to act as trustee of the LG Super scheme; and (b) to manage approved schemes; and (c) to act as trustee of, and establish and act as trustee of, relevant persons schemes. 1175 Board’s powers (1) The board may do all things necessary or convenient to be done for, or in connection with, the performance of its functions. (2) Without limiting subsection (1), the board— (a) has the powers given to it by this chapter; and (b) has, in the performance of its functions, all the powers of an individual. (3) It may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property. Division 2 Board of directors 1176 Board of directors There is a board of directors of the board.

s 1177 700 Local Government Act 1993 s 1179 1177 Role of the board of directors (1) The board of directors is responsible for how the board performs its functions and exercises its powers. (2) Without limiting subsection (1), it is the role of the board of directors to ensure the board performs its functions in a proper, effective and efficient way. 1178 Composition of board of directors (1) In this section— prescribed number of directors means 3 or, if another number is prescribed under the regulations, the other number. (2) The board of directors is to consist of— (a) the prescribed number of directors appointed on the nomination of the Local Government Association; and (b) the prescribed number of directors appointed on the nomination of members of the LG Super scheme; and (c) if the trust deed provides for the appointment of an additional independent director and an independent director is appointed—the appointed independent director. (3) The directors must be appointed under rules established to comply with the Commonwealth Superannuation Act. Division 3 General 1179 Delegation of board’s powers The board may delegate its powers to an employee of the board.

s 1180 701 Local Government Act 1993 s 1181 Part 3 Local Government Superannuation Scheme Division 1 Continuation and membership of scheme 1180 Scheme continued (1) The Local Government Employees’ Superannuation Scheme (the LG Super scheme ) established under the repealed Act is continued in existence under the name, Local Government Superannuation Scheme. (2) Rules governing the operation of the LG Super scheme must be set out in a trust deed made by the board (the trust deed ). (3) Without limiting subsection (2), the trust deed must contain provision about matters that, under the Commonwealth Superannuation Act, must be contained in the governing rules of regulated superannuation funds within the meaning of that Act. (4) Without limiting subsection (2), the trust deed must provide for— (a) the yearly contribution that a local government must make for a permanent employee, based on the advice of an actuary; and (b) the terms and conditions on which the super board must obtain advice from an actuary in relation to the funds that the super board administers. (5) An actuary is an accredited member, or a fellow, of the Institute of Actuaries of Australia. 1181 Membership of LG Super scheme (1) An employee of a local government, other than a local government entity or the board is, while the employment continues, automatically a member of the LG Super scheme (an automatic member ).

s 1181 702 Local Government Act 1993 s 1181 (2) Also, the following persons are eligible to be members of the LG Super scheme ( eligible members )— (a) a councillor of a local government; (b) an employee of a local government entity; (c) a contractor of a local government; (d) a member of the governing body of a local government entity; (e) another person for whom a local government or the board is required under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) to contribute to a superannuation scheme; (f) the spouse of an automatic member or of a person who under any of paragraphs (a) to (e) or (g) to (i) is an eligible member; (g) an entitled former spouse; (h) a person— (i) who was an automatic member or who was a member of the LG Super scheme because the person was a person of a type mentioned in any of paragraphs (a) to (e) or (i); and (ii) who has stopped being an automatic member or a person of that type; and (iii) whose benefit under the LG Super scheme has not been fully paid out, withdrawn or transferred from the LG Super scheme; (i) another person of a type prescribed under a regulation. (3) In this section— entitled former spouse means a person who is entitled, or conditionally entitled, under an agreement under the Family Law Act 1975 (Cwlth) or a court order under that Act, to payment of an amount from the LG Super scheme.

s 1182 703 Local Government Act 1993 s 1183 Division 2 Contributions for permanent employees 1182 Local governments’ liability for permanent employees (1) A local government that employs a permanent employee for whom it must make contributions under a law of the Commonwealth must pay to the LG Super scheme yearly contributions for the employee within the time stated in the trust deed. (2) The yearly contribution that the local government must make is the amount stated, from time to time, in the trust deed. (3) The yearly contributions include contributions required to be paid to the LG Super scheme for the member under an industrial agreement or award. (4) Despite subsections (1) to (3), the local government can not pay an amount as a contribution mentioned in subsection (1) to the extent the amount can not, under the Commonwealth Superannuation Act, be accepted by a regulated superannuation fund under that Act. Editor’s note — See the Superannuation Industry (Supervision) Regulations 1994 (Cwlth), regulation 7.04 (Acceptance of contributions—regulated superannuation funds). 1183 Permanent employees’ liability for contributions (1) A permanent employee of a local government for whom the local government is, under section 1182, required to pay yearly contributions to the LG Super scheme must pay to the local government yearly contributions calculated at the following rate— (a) if the employee is a special permanent employee—5% of the employee’s salary; (b) if the employee is a standard permanent employee—6% of the employee’s salary. (2) Subsection (1) does not apply if, under the employee’s remuneration agreement with the local government, a

s 1184 704 Local Government Act 1993 s 1186 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. 1184 Additional contributions to LG Super scheme (1) A member, or local government for a member, may make additional contributions to the LG Super scheme to secure additional benefits under the trust deed. (2) Subsection (1) has effect subject to section 238. (3) Also, the member, or the local government for the member, can not pay an amount as a contribution mentioned in subsection (1) to the extent the amount can not, under the Commonwealth Superannuation Act, be accepted by a regulated superannuation fund under that Act. 1185 Contributions may be deducted from employees’ salaries (1) A local government may deduct the amount of an employee’s contributions or any part of them from the employee’s salary or other amount owing to it by the employee. (2) Subsection (1) applies despite any other Act. 1186 Adjustment of contributions because of change in salary (1) The board may, by written notice given to a local government, require the local government to give the board the salary details for each of the local government’s permanent employees as at 1 January or 1 July in a stated year or as at any other stated day during the year following any change to the salary of any of the employees. (2) The local government must comply with the notice. (3) If— (a) a permanent employee’s salary has decreased; and (b) the employee gives the local government written notice that the employee wants to pay contributions as if the employee’s salary had not decreased;

s 1187 705 Local Government Act 1993 s 1188 the local government must calculate the yearly contributions payable for the employee based on the employee’s former salary. (4) The employee’s notice must be given within the time stated in the trust deed. Division 3 Contributions for non-contributory members 1187 Local governments’ liability for non-contributory members (1) A local government that employs a non-contributory member must pay to the LG Super scheme all superannuation contributions required to be paid to the LG Super scheme for the member under an industrial agreement or award. (2) A local government (other than a local government entity) that employs a non-contributory member must pay to the LG Super scheme all superannuation contributions required to be paid for the member under an Act of the State or Commonwealth. Division 4 General 1188 Interest payable on outstanding contributions (1) If a local government does not pay an amount to the LG Super scheme within the time stated under the trust deed, interest is payable on the amount by the local government to the LG Super scheme. (2) Interest is payable at the rate prescribed under the regulations and calculated on a daily basis. (3) However, the board may waive the payment of interest.

s 1189 706 Local Government Act 1993 s 1193 Part 4 Miscellaneous 1189 Prohibition on local governments establishing certain superannuation schemes (1) A local government must not establish or join in establishing a superannuation scheme for the benefit of its employees. 46 (2) Subsection (1) does not apply to a local government entity. 1190 Management of other superannuation schemes With the Governor in Council’s approval, the board may manage another superannuation scheme (an approved scheme ) for the scheme’s trustee. 1191 Relevant persons superannuation schemes With the Governor in Council’s approval, the board may— (a) act as trustee of a relevant persons scheme; or (b) establish, and act as trustee of, a relevant persons scheme. 1192 Auditor-general’s role An audit of a superannuation scheme for which the board acts as trustee must be carried out by the auditor-general. 1193 Application of chapter to board’s employees For eligible members who are board employees, this chapter applies to the board with all necessary changes and any changes prescribed under the regulations. 46 For superannuation schemes for councillors, see section 238 (Superannuation benefits for councillors).

s 1193AA 707 Local Government Act 1993 s 1193AA 1193AA Provision for local government employees transferred to new water entities (1) This section applies if, under a transfer notice under the water restructuring Act, employees of a local government are transferred to a new water entity other than the water grid manager. (2) A transferred employee is eligible to be a member of the scheme. (3) The new water entity is taken to be a local government entity for this chapter, but only in relation to its employment of transferred employees. (4) For this chapter, a transferred employee who was a permanent employee immediately before the transfer continues to be a permanent employee. (5) In this section— new water entities see the water restructuring Act, section 6(1). scheme means the Local Government Superannuation Scheme under section 1180(1). transferred employee means an employee mentioned in subsection (1). water grid manager means the SEQ Water Grid Manager established under the water restructuring Act, section 6(1)(d). water restructuring Act means the South East Queensland Water (Restructuring) Act 2007 .

s 1194 708 Local Government Act 1993 s 1195 Chapter 18 General Part 1 Local Government Association 1194 Establishment of corporation (1) The Local Government Association of Queensland (Incorporated) is established under this Act. (2) The Local Government Association— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its name. (3) The Local Government Association has, in the performance of its objects and functions, all the powers of an individual. (4) It may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property. (5) Judicial notice must be taken of the imprint of the Local Government Association’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is established. 1195 Rules (1) The Local Government Association may, by resolution, make rules with respect to— (a) all matters necessary or convenient for the management of the association; and (b) payment to the association by each local government that is a member of annual subscriptions and of levies fixed by an entity specified under the rule. (2) A rule is not subordinate legislation. (3) A rule has effect only if approved by the Governor in Council.

s 1196 709 Local Government Act 1993 s 1199 (4) If the Local Government Association makes a rule, it must give to the Minister a copy of its resolution making the rule and a statement of the reasons for the rule. (5) If the Governor in Council approves the rule, notice of the approval and of the rule must be published in the gazette. 1196 Litigation of common interest (1) A local government may contribute to the Local Government Association amounts towards expenses of litigation for matters of common interest to local governments. (2) The Local Government Association may pay amounts towards expenses of litigation for matters of common interest to local governments. 1197 When payments by local governments are payable (1) An amount payable for any purpose to the Local Government Association by a local government is payable within 30 days after a written notice signed by the executive director of the association specifying the amount payable is given to the chief executive officer of the local government. (2) An unpaid amount is a debt payable by the local government to the Local Government Association. 1198 Accounts The Local Government Association must keep— (a) full and accurate accounts of all amounts received or paid by it; and (b) an accurate record of the purposes for which the amounts have been received or paid. 1199 Annual balance and audit (1) In each financial year, the Local Government Association must prepare an annual account as at the date fixed under its rules. (2) The annual account must—

s 1200 710 Local Government Act 1993 s 1203 (a) be prepared as soon as practicable after the date mentioned in subsection (1); and (b) show a true statement of the Local Government Association’s receipts and payments during the previous year; and (c) show the balance of the account. Part 2 Miscellaneous 1200 Delegation by Minister The Minister may delegate the Minister’s powers under this Act or another local government Act to an officer of the department. 1201 Delegation by chief executive of department The chief executive of the department may delegate the chief executive’s powers under this Act or another local government Act to an officer of the department. 1202 Approval of forms The chief executive may approve forms for use under this Act. 1203 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation prescribing drafting standards for local laws or subordinate local laws may make provision about the following— (a) the citation and numbering of the laws; (b) the use of gender-neutral language in the laws; (c) the application of fundamental legislative principles to the laws;

s 1204 711 Local Government Act 1993 s 1205 (d) the printing and drafting style used in the laws. (3) Subsection (2) does not limit the matters for which the regulation may make provision. 1204 Declaration of existing electoral wards of City of Brisbane (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. 1205 Application of Judicial Review Act (1) This section applies to the Brisbane City Council. (3) The Judicial Review Act 1991 does not apply to a decision of a corporatised corporation made in carrying out its excluded activities. (4) A regulation may declare the activities of a corporatised corporation that are taken to be, or are taken not to be, activities conducted on a commercial basis. (5) In this section— commercial activities means activities conducted on a commercial basis. community service obligations has the same meaning as in section 677. corporatised corporation has the same meaning as in chapter 8, part 7. excluded activities means— (a) commercial activities; or (b) community service obligations prescribed under a regulation.

s 1205A 712 Local Government Act 1993 s 1206 1205A Application of certain provisions This Act, as amended by sections 27 to 33, 51(3) and 54 of the Local Government Legislation Amendment Act 2003 , applies for the financial year beginning on 1 July 2003 and each later financial year. Chapter 19 Transitional, validation and savings provisions, repeals and amendments Part 1 Transitional, validation and savings provisions Division 1 Preliminary 1206 Definitions In this part— pre-existing law means— (a) a by-law or ordinance, made by a local government, as in force immediately before the commencement of chapter 12; or (b) a by-law or ordinance made under section 1213. repealed Local Government Act means the Local Government Act 1936 as in force immediately before it was repealed. unamended City of Brisbane Act means the City of Brisbane Act 1924 as in force immediately before it was amended by this Act.

s 1207 713 Local Government Act 1993 s 1208 1207 References to commencement day In this part, a reference in a provision to the commencement day is a reference to the day the provision commences. 1208 References to local authority etc. (1) A reference in an Act or document— (a) to a local authority is a reference to a local government; and (b) to the area of a local authority is a reference to the area of a local government, and includes a reference to the joint local government area of a joint local government; and (c) to a joint local authority board, joint local authority or joint board is a reference to a joint local government; and (d) to the area of a joint local authority board, joint local authority or joint board is a reference to the joint local government area of a joint local government; and (e) to the chairman or chairperson of a local authority is a reference to the mayor of a local government, and includes a reference to the president of a joint local government; and (f) to the deputy chairman or deputy chairperson of a local authority is a reference to the deputy mayor of a local government, and includes a reference to a deputy president of a joint local government; and (g) to the president, chairman or chairperson of a joint local authority board, joint local authority or joint board is a reference to the president of a joint local government; and (h) to the deputy president, deputy chairman or deputy chairperson of a joint local authority board, joint local authority or joint board is a reference to the deputy president of a joint local government; and (i) to an alderman, councillor or member of a local authority is a reference to a councillor of a local

s 1208 714 Local Government Act 1993 s 1208 government, and includes a reference to a member of a joint local government; and (j) to the town clerk, shire clerk or clerk of a local authority (other than the Brisbane City Council) is a reference to the chief executive officer of a local government, and includes a reference to the chief executive officer of a joint local government; and (k) to the clerk of a joint local authority board, joint local authority or joint board is a reference to the chief executive officer of a joint local government; and (l) to a by-law or ordinance of a local government is a reference to a local law; and (m) to any fund (other than the trust fund) of a local authority (other than the Brisbane City Council) is a reference to the operating fund of a local government; and (n) to the director of local government is a reference to the chief executive of the department; and (o) to the Local Government Act 1936 , or the Local Authorities Act 1902 , is taken to be a reference to this Act. (2) Subsection (1) does not affect the application of the Acts Interpretation Act 1954 , section 14H. (3) The application of subsection (1) to a reference is not displaced, wholly or partly, merely because the reference is accompanied by a reference— (a) to the Local Government Act 1936 , or a provision of that Act, as amended from time to time or as in force at a particular time; or (b) to a particular time.

s 1209 715 Local Government Act 1993 s 1210 Division 2 Financial operation and accountability 1209 Administration of sinking fund for liquidation of current borrowings (1) The corporation continued in existence by the repealed Local Government Act, section 28(15) under the name ‘Trustees of the Local Authorities Debt Redemption Fund’ (the Trustees ) is continued in existence under the name ‘Trustees of the Local Governments Debt Redemption Fund’. (2) Its function is to administer sinking funds for the liquidation of amounts borrowed by local governments before the commencement day. (3) The repealed Local Government Act, section 28(15) continues to apply to the Trustees with any necessary changes and any changes prescribed by regulation. 1210 Trustees are statutory bodies (1) Under the Statutory Bodies Financial Arrangements Act 1982 , the Trustees of the Local Government’s Debt Redemption Fund are a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the Trustees’ powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 1242 716 Local Government Act 1993 s 1244 Part 4 Validation provision for Local Government and Other Legislation Amendment Act 1999 1242 Validation for particular rates It is declared that a rate levied by a rate notice given by a local government for, or for a period of, the financial year ending 30 June 2000 is not, and never was, invalidly levied merely because the local government— (a) did not state on the rate notice, as required by section 1008(2)(b), the date by which, or the time within which, the rate must be paid under section 1014(2)(a) if the rate notice complied with sections 1008(2) and 1014(1) as in force immediately before their amendment by the Local Government and Other Legislation Amendment Act 1999 ; or (b) did not decide, under section 1014, the date by which, or the time within which, the rate must be paid. Part 5 Validation provision for Local Government and Other Legislation Amendment Act 2000 1243 Application to Brisbane City Council This part applies to the Brisbane City Council. 1244 Validation for particular utility charges (1) This section applies if— (a) before the commencement of this section, a local government—

s 1245 717 Local Government Act 1993 s 1245 (i) prepared a two-part tariff report for a relevant business activity for chapter 10, regardless of whether the report complied with chapter 10; and (ii) made a resolution under section 780 to apply a two-part tariff for the relevant business activity (the section 780 resolution ); and (b) the local government, whether before or after the commencement, makes and levies a utility charge for the relevant business activity on the basis of the section 780 resolution. (2) It is declared that a utility charge made and levied for the relevant business activity on the basis of the section 780 resolution is not, and never was, invalid merely because the local government did not comply with chapter 10, part 3 or 4, or section 783. (3) Subsection (2) does not affect a decision of a court before the commencement in relation to the validity of a utility charge levied for a particular person on the basis of the section 780 resolution. Part 6 Transitional provisions for Local Government and Other Legislation Amendment Act 2001 Division 1 Preliminary 1245 Interpretation for pt 6 (1) In this part— commencing day means the day on which the provision in which the term is used commences. former board means the Townsville/Thuringowa Water Supply Board established under the repealed Act.

s 1246 718 Local Government Act 1993 s 1248 repealed Act means the Townsville/Thuringowa Water Supply Board Act 1987 . (2) Another term used in this part that is defined for chapter 2A, has the meaning given for the chapter. Division 2 Transitional provisions for Townsville-Thuringowa Water Supply Joint Board 1246 Former board On the commencing day, the former board is abolished and its members go out of office. 1247 Assets On the commencing day— (a) the assets of the former board vest in the joint board; and (b) any property that, immediately before the commencing day, was held in trust by the former board vests in the joint board on the same trusts. 1248 Exemption from State tax (1) State tax and fees are not payable in relation to anything done for— (a) establishing the joint board; or (b) vesting assets or property of the former board in the joint board. (2) The reference in subsection (1)(b) to the vesting of assets or property includes a reference to the recording of the vesting of the assets or property.

s 1249 719 Local Government Act 1993 s 1252 1249 Rights and liabilities On the commencing day, the rights and liabilities of the former board, whether vested or contingent, become the rights and liabilities of the joint board. 1250 Existing entitlement to take water (1) This section applies to the entitlement to take water given to the former board under the repealed Act and in force immediately before the commencing day. (2) The entitlement is taken to have been given to the joint board and continues under the repealed Act as if that Act had not been repealed until the entitlement is replaced with a water entitlement under the Water Act 2000 . 1251 Existing contracts A contract, agreement or arrangement entered into by or for the former board that is in force immediately before the commencing day— (a) is taken to have been entered into by the joint board; and (b) may be enforced against or by the joint board accordingly. 1252 Contracts and tendering—application of ch 6, pt 3 (1) This section applies if, before the commencing day, the former board— (a) had invited tenders or quotations, or started similar action, for contracts for carrying out work, or supplying goods or services, for or by the joint board; but (b) had not entered into the contracts. (2) Chapter 6, part 3 does not apply to the joint board for the contracts.

s 1253 720 Local Government Act 1993 s 1255 1253 Guarantees, undertakings and securities A guarantee, undertaking or security given by, for, or to, the former board that is in force immediately before the commencing day— (a) is taken to have been given by or to the joint board; and (b) may be enforced against or by the joint board accordingly. 1254 Proceedings A proceeding that could have been started or continued by or against the former board before the commencing day may be started or continued by or against the joint board. 1255 Discontinuance or lessening of supply of water (1) This section applies if— (a) before the commencing day the former board entered into an agreement or arrangement (a water supply agreement ) with another person providing for the supply of a quantity of water to the person; and (b) the water supply agreement is an agreement that is taken to have been entered into by the joint board; and (c) the joint board reasonably believes it is necessary or appropriate to discontinue, or lessen, the supply of water because of— (i) a breakdown of, or damage, repairs, alterations or additions to, headworks, treatment works or trunk mains; or (ii) drought or another natural occurrence; or (iii) an emergency. (2) The joint board may direct the discontinuance, or lessening, of the supply of water for the period it considers appropriate. (3) The direction may be given even if it affects the quantity of water to be supplied under the water supply agreement.

s 1256 721 Local Government Act 1993 s 1256 (4) The direction may be given either with the prior notice the joint board considers appropriate, or without prior notice. (5) As soon as practicable after the direction is given, the joint board must give written notice of the direction to— (a) the other party to the water supply agreement; and (b) the Townsville and Thuringowa City Councils. (6) It is lawful to give effect to a direction of the joint board given under this section. (7) The joint board’s power to give the direction may only be exercised by resolution of the joint board. (8) However, if the joint board has, by resolution, delegated appropriate authority to the chairperson or chief executive officer of the joint board, or to a committee of the joint board, the power to give the direction may also be exercised by a decision made by the chairperson or chief executive officer, or by resolution of the committee. 1256 Former board’s manager (1) The person who, immediately before the commencing day, was the manager of the former board is taken to be the chief executive officer of the joint board. (2) The person is taken to be employed by the joint board on the same conditions on which the person was employed by the former board. (3) The person remains entitled to all existing rights of employment held by the person, and all rights of employment accruing to the person, as the manager of the former board, including existing and accruing rights to— (a) remuneration; and (b) recreation, long service, sick or other leave; and (c) superannuation or other benefits and entitlements.

s 1257 722 Local Government Act 1993 s 1258 1257 Employees (1) A person who, immediately before the commencing day, was an employee of the former board becomes an employee of the joint board. (2) The person is taken to be employed by the joint board on the same conditions on which the person was employed by the former board. (3) The person remains entitled to all existing rights of employment held by the person, and all rights of employment accruing to the person, as an employee of the former board, including existing and accruing rights to— (a) remuneration; and (b) recreation, long service, sick or other leave; and (c) superannuation or other benefits and entitlements. 1258 Superannuation options for continuing employees (1) This section applies to an employee of the former board who— (a) becomes an employee of the joint board under section 1256 or 1257; and (b) is a member of a superannuation scheme (the former scheme ) as an employee of the former board. (2) Despite chapter 17 and sections 1256(3)(c) and 1257(3)(c), the employee may, within 30 days after the commencing day, by written notice given to the Queensland Local Government Superannuation Board, elect to remain a member of the former scheme. (3) If the employee makes the election— (a) chapter 17 does not apply to the employee; and (b) the joint board, for as long as the employee continues as an employee of the joint board, must contribute to the former scheme as required under the former scheme. (4) To facilitate the payment of contributions to the former scheme by the employee, the joint board is authorised—

s 1259 723 Local Government Act 1993 s 1259 (a) to deduct from the weekly, fortnightly or other periodic salary or wage of the employee an amount sufficient to meet the employee’s contribution to the former scheme; and (b) to remit the amount to the person authorised to receive contributions for the former scheme. (5) If the employee does not make the election within 30 days after the commencing day— (a) for the former scheme—the employee is taken to have ceased employment with the former board; and (b) for chapter 17—the employee is taken to have become a new employee of the joint board. 1259 Transfer of property (1) A certificate signed by the chief executive officer of the joint board is evidence of property having become property of, or vested in, the joint board on the commencing day if the certificate— (a) identifies the property; and (b) states the property was, immediately before the commencing day, the property of, or vested in, the former board; and (c) states that the property became the property of, or vested in, the joint board under section 1247 on the commencing day. (2) An entity with registration functions, under a law of the State, for property of the kind to which the certificate relates must, if asked by the joint board, make in the register all entries necessary to record the vesting of the property in the joint board. (3) The request must be accompanied by the certificate. (4) A request or certificate under this section is not liable to fees or stamp duty.

s 1260 724 Local Government Act 1993 s 1263 1260 Corporate and operational plans (1) Despite section 504(2), the joint board may prepare and adopt its first corporate plan immediately before the joint board adopts a budget for the first financial year covered by the plan. (2) Despite section 508(2), for the first financial year for which the joint board is required to prepare and adopt an operational plan, the joint board may prepare and adopt the operational plan immediately before the joint board adopts a budget for the financial year. 1261 Corporate and operational plans For the application, under section 60R, of chapter 7, part 2 to the joint board in exercising its jurisdiction— (a) the first financial year to be covered by the joint board’s first corporate plan is the financial year beginning 1 July 2001; and (b) the first financial year for which the joint board is required to prepare and adopt an operational plan is the financial year beginning 1 July 2001. 1262 Annual report (1) For the first annual report prepared by the joint board after the commencing day, the financial year is taken to be the period 1 July 2000 to 29 June 2001. (2) The joint board must, to the extent it is reasonably practicable, prepare the first annual report in the way in which the former board would have been required to prepare the report if the former board had been a local government. (3) For the next annual report, the financial year is taken to be the period 30 June 2001 to 30 June 2002. 1263 Remuneration of members (1) The remuneration that, immediately before the commencing day, was the remuneration of the chairperson of the former board is taken to have been authorised by the joint board

s 1264 725 Local Government Act 1993 s 1266 under this Act as the remuneration of the chairperson of the joint board. (2) The remuneration that, immediately before the commencing day, was the remuneration of a member (other than the chairperson) of the former board is taken to have been authorised by the joint board under this Act as the remuneration of a member (other than the chairperson) of the joint board. 1264 Appointment of chairperson (1) Within 1 month after the commencing day, the Townsville and Thuringowa City Councils must, by resolution, appoint a qualified person to be a member, and the chairperson, of the joint board. (2) If the Townsville and Thuringowa City Councils do not appoint the chairperson within 1 month after the commencing day, the Governor in Council may appoint a qualified person to be the chairperson. 1265 Appointment of other members (1) The Townsville City Council must, by resolution, appoint 2 of its councillors as members of the joint board. (2) The Thuringowa City Council must, by resolution, appoint 2 of its councillors as members of the joint board. (3) The appointment of the members must be made within 1 month after the commencing day. (4) If a council does not appoint 2 of its councillors as members within 1 month after the commencing day, the Governor in Council may, by gazette notice, appoint the number of councillors of the council necessary to make up the required number of members. 1266 References to former board A reference in an Act or document in existence immediately before the commencing day to the former board is a reference to the joint board.

s 1268 726 Local Government Act 1993 s 1270 Division 3 Repeal 1268 Repeal The Townsville/Thuringowa Water Supply Board Act 1987 is repealed. Part 7 Transitional provision for State Housing and Other Acts Amendment Act 2002 1269 Application to Brisbane City Council This part applies to the Brisbane City Council. 1270 Sale of land for overdue rates (1) This section applies to rateable land that, on the commencement day— (a) is the subject of a housing Act s 24 contract; or (b) is land in which a person has a share that the person bought under a housing Act s 24 contract. (2) A reference in section 1039 to an overdue rate does not include an overdue rate that was levied on the land before the commencement day. (3) In this section— commencement day means the day that the State Housing and Other Acts Amendment Act 2002 , part 3, commences. 47 47 State Housing and Other Acts Amendment Act 2002 , part 3 commenced 1 July 2002.

s 1271 727 Local Government Act 1993 s 1271 Part 8 Transitional provision for Local Government Legislation Amendment Act 2003 1271 Continuation of general charges and former register of general charges (1) A general charge relating to a matter mentioned in section 1071A(1)(a) to (d) (a prescribed general charge ) is taken to be a regulatory fee fixed under section 1071A. (2) A general charge that is not a prescribed general charge is taken to be a charge made under section 36. (3) A local government’s register of general charges is taken to be a register of regulatory fees for section 1071E to the extent it contains a record of a prescribed general charge. (4) On or before 31 December 2003, a local government must— (a) identify each fee or charge that is— (i) not a prescribed general charge; and (ii) recorded in its register of regulatory fees; and (b) remove the records of the identified fees or charges from the register. (5) Subsections (3) and (4) apply to the Brisbane City Council. (6) In this section— general charge means— (a) for the Brisbane City Council—a charge fixed by the council under the City of Brisbane Act 1924 , section 59, before the commencement of the Local Government Legislation Amendment Act 2003 , section 4; or (b) for another local government—a charge fixed by a local government under section 974, before the commencement of the Local Government Legislation Amendment Act 2003 , section 43, for services and facilities supplied by the local government. register of general charges means—

s 1272 728 Local Government Act 1993 s 1272 (a) for the Brisbane City Council—the record of general charges kept by the council before the commencement of the Local Government Legislation Amendment Act 2003 , section 4; or (b) for any other local government—the register of general charges kept by the local government under section 975, before the commencement of the Local Government Legislation Amendment Act 2003 , section 43. Part 9 Validation provision for Local Government and Other Legislation Amendment Act 2003 1272 Validation for particular resolutions limiting increase in rate levied (1) This section applies if— (a) after 31 May 2003 but before the commencement of this section, a local government resolved to make and levy a rate for land on which the rate levied for the previous financial year was for a period less than the full year; and (b) the local government also resolved to limit the amount levied; and (c) the resolution did not comply with section 1036 as in force when the resolution was made. (2) The resolution is as valid as it would have been if section 1036, as in force immediately after the commencement, had been in force on the day the resolution was made.

s 1272A 729 Local Government Act 1993 s 1273 Part 10 Transitional provision for Integrated Planning and Other Legislation Amendment Act 2003 1272A Continuation of former fees fixed by local laws or resolutions The following fees, relating to a function mentioned in section 1071A(1)(e), are taken to be regulatory fees fixed under section 1071A— (a) a fee fixed under the Building Act 1975 , section 46A before the commencement of this section; (b) a fee fixed under the Integrated Planning Act 1997 , section 5.3.5(8) before the commencement of this section. Part 11 Transitional provision for Housing and Other Acts Amendment Act 2005 1273 Validation of levying of rates for certain lands (1) This section applies to a rate levied— (a) for the whole or a part of the period from 1 January 2004 to the commencement of this section (the validation period ); and (b) for land of which the owner was, for the whole or part of the validation period, a purchaser of land under a Housing Act 2003 section 113 contract. (2) The rate is taken to have been, at all times, validly levied.

s 1274 730 Local Government Act 1993 s 1275 Part 12 Transitional provisions for Local Government Reform Act 2007 1274 Review of anti-competitive provisions of local laws and subordinate local laws made in 2007 (1) This section applies to a local law or subordinate local law if— (a) the local law or subordinate local law is made in 2007; and (b) the local law or subordinate local law contains an anti-competitive provision. (2) For applying section 893C to the local law or subordinate local law— (a) section 893B, definition expiry date , paragraph (a), applies as if ‘2010’ were replaced by ‘2020’; and (b) section 893B, definition first review date , applies as if ‘2008’ were replaced by ‘2018’; and (c) section 893B, definition subsequent review date , applies as if ‘2018’ were replaced by ‘2028’. (3) In this section— anti-competitive provision has the same meaning as it has under section 885 for a proposed local law or proposed subordinate local law. 1275 Public office for new local government (1) This section applies despite section 37. (2) A new local government must decide the premises that is to be its public office as soon as possible after the changeover day for its new local government area, but in any event, within 1 year after the changeover day. (3) Until its public office is established, the new local government may keep 2 or more premises within the new local government area, each as its public office.

s 1276 731 Local Government Act 1993 s 1276 (4) Each premises kept as a public office under subsection (3) must be premises that were the public office of a merging local government before the changeover day. (5) However, for applying a provision of this Act that refers to the public office of a local government, the reference to the public office may be taken to be a reference to the public office of the new local government that is most closely related to the matter the subject of the provision. Example — If under this Act a local government is required to keep a document open for inspection at its public office, the new local government may comply with the provision by keeping the document open for inspection at the public office located in what was the local government area to which the document is most closely related. Part 13 Transitional provision for Local Government Amendment Act 2007 1276 No prosecution for offence under repealed s 159ZY A person can not be prosecuted for an offence committed under section 159ZY as in force before the commencement of this section.

s 1277 732 Local Government Act 1993 s 1279 Part 14 Transitional provisions for Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 Division 1 Preliminary 1277 Application of ch 3, pt 1B definitions Words defined for chapter 3, part 1B have the same meaning in this part. 1278 Definitions for pt 14 In this part— changeover day for NPARC means the changeover day for the new local government area of NPARC. changeover day for TSIRC means the changeover day for the new local government area of TSIRC. NPARC means the new local government known as the Northern Peninsula Area Regional Council. TSIRC means the new local government known as the Torres Strait Island Regional Council. Division 2 Torres Strait Island Regional Council 1279 Amounts loaned to individuals (1) On the changeover day for TSIRC— (a) any adopted lending policy of a relevant Island council under the relevant provision ceases to have effect; and (b) all amounts payable, or that would have become payable, to a relevant Island council because of a loan

s 1280 733 Local Government Act 1993 s 1280 made to a person under the relevant provision become payable to TSIRC. (2) In this section— relevant Island council means each of the Island councils under the repealed Torres Strait Act, as in existence immediately before the changeover day for TSIRC, other than the Island councils for the following council areas under that Act— (a) Bamaga council area; (b) Seisia council area. relevant provision means the repealed Torres Strait Act, section 46, as in force before the changeover day for TSIRC. 1280 Delayed application of ch 7 to TSIRC (1) Until 1 July 2009, chapter 7, including the Local Government Finance Standards, applies to TSIRC only to the extent a regulation states that it applies. (2) A regulation— (a) may provide for the application to TSIRC of particular provisions of chapter 7, including particular provisions of the Local Government Finance Standards, to commence at different times; and (b) until chapter 7, including the Local Government Finance Standards, applies in full to TSIRC, may provide for either or both of the following— (i) the application of stated provisions of the repealed Torres Strait Act, part 4, division 2 to TSIRC as if the provisions had not been repealed; (ii) the application of particular requirements stated in the regulation. (3) This section does not limit the matters that may be provided for, in relation to the application of chapter 7, in a reform implementation regulation applying to any existing, adjusted or new local government, including TSIRC.

s 1281 734 Local Government Act 1993 s 1281 1281 TSIRC becomes trustee for deeds of grant in trust for particular Island council areas (1) On the changeover day for TSIRC, TSIRC becomes the trustee of each community deed of grant in trust in place of the Island council that was the trustee immediately before the changeover day. (2) Subsection (1) has effect despite any provision of the Land Act 1994 that would otherwise apply in relation to the changing of the trustee of a deed of grant in trust. (3) However, the relevant chief executive may take all necessary action to ensure the registers kept by the relevant chief executive under the Land Act 1994 are changed to reflect the changing of the trustee. (4) The change of the trustee of a community deed of grant in trust does not affect any interest in the land the subject of the deed of grant in trust in existence immediately before the changeover day for TSIRC. (5) In this section— community deed of grant in trust means a deed of grant in trust under the Land Act 1994 of which, immediately before the changeover day for TSIRC, a relevant Island council under the repealed Torres Strait Act was the trustee. Island council means an Island council under the repealed Torres Strait Act. relevant chief executive means the chief executive under the Land Act 1994 . relevant Island council means an Island council other than the Island councils for the following council areas under the repealed Torres Strait Act— (a) Bamaga council area; (b) Seisia council area.

s 1282 735 Local Government Act 1993 s 1283 1282 Local laws and subordinate local laws for local government area of TSIRC (1) From the changeover day for TSIRC, a by-law of a relevant Island council as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a local law of TSIRC; and (c) may be amended or repealed as a local law as provided for under this Act; and (d) subject to any amendment under this Act, applies only to the area to which the by-law applied immediately before changeover day. (2) From the changeover day for TSIRC, a subordinate by-law of a relevant Island council as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a subordinate local law of TSIRC; and (c) may be amended or repealed as a subordinate local law as provided for under this Act; and (d) subject to any amendment under this Act, applies only to the area to which the subordinate by-law applied immediately before changeover day. (3) In this section— relevant Island council means an Island council other than the Island councils for the following council areas under the repealed Torres Strait Act— (a) Bamaga council area; (b) Seisia council area. 1283 Continued application of rates and other charges (1) A rate or charge made and levied under the repealed Torres Strait Act, section 50 (the relevant section ), and in force immediately before the changeover day for TSIRC, continues in force after the changeover day in accordance with the terms of its making and levying.

s 1284 736 Local Government Act 1993 s 1284 (2) An exemption under the relevant section in force immediately before the changeover day for TSIRC continues in force after the changeover day in accordance with its terms. (3) Subsections (1) and (2) apply only to a rate or charge, or to an exemption, having effect within an area that, from the changeover day for TSIRC, is included in the new local government area of Torres Strait Island. Division 3 Northern Peninsula Area Regional Council 1284 Amounts loaned to individuals (1) On the changeover day for NPARC— (a) any adopted lending policy of a relevant Island council or relevant community government under a relevant provision ceases to have effect; and (b) all amounts payable, or that would have become payable, to a relevant Island council or relevant community government because of a loan made to a person under the relevant provision become payable to NPARC. (2) In this section— relevant community government means each of the community governments under the Local Government (Community Government Areas) Act 2004 for the following community government areas under that Act, as in existence immediately before the changeover day for NPARC— (a) Injinoo; (b) New Mapoon; (c) Umagico. relevant Island council means each of the Island councils under the repealed Torres Strait Act for the following council areas under that Act, as in existence immediately before the changeover day for NPARC— (a) Bamaga council area;

s 1285 737 Local Government Act 1993 s 1285 (b) Seisia council area. relevant provision means— (a) the repealed Torres Strait Act, section 46, as in force before the changeover day for NPARC; or (b) the Local Government (Community Government Areas) Act 2004 , section 38, as in force before the changeover day for NPARC. 1285 Delayed application of ch 7 to NPARC (1) Until 1 July 2009, chapter 7, including the Local Government Finance Standards, applies to NPARC only to the extent a regulation states that it applies. (2) A regulation— (a) may provide for the application to NPARC of particular provisions of chapter 7, including particular provisions of the Local Government Finance Standards, to commence at different times; and (b) until chapter 7, including the Local Government Finance Standards, applies in full to NPARC may provide for any of the following— (i) the application of stated provisions of the repealed Torres Strait Act, part 4, division 2 to NPARC as if the provisions had not been repealed; (ii) the continuing application of the Local Government (Community Government Areas) Act 2004 , part 4, division 2 to NPARC as if the provisions still applied to part of NPARC’s local government area; (iii) the application of particular requirements stated in the regulation. (3) This section does not limit the matters that may be provided for, in relation to the application of chapter 7, in a reform implementation regulation applying to any existing, adjusted or new local government, including NPARC.

s 1286 738 Local Government Act 1993 s 1286 1286 NPARC becomes trustee for deeds of grant in trust for particular Island council and community government areas (1) On the changeover day for NPARC, NPARC becomes the trustee of each community deed of grant in trust in place of the relevant entity that was the trustee immediately before the changeover day. (2) Subsection (1) has effect despite any provision of the Land Act 1994 that would otherwise apply in relation to the changing of the trustee of a deed of grant in trust. (3) However, the relevant chief executive may take all necessary action to ensure the registers kept by the relevant chief executive under the Land Act 1994 are changed to reflect the changing of the trustee. (4) The change of the trustee of a community deed of grant in trust does not affect any interest in the land the subject of the deed of grant in trust in existence immediately before the changeover day for NPARC. (5) In this section— community deed of grant in trust means a deed of grant in trust under the Land Act 1994 of which, immediately before the changeover day for NPARC, a relevant entity was the trustee. relevant chief executive means the chief executive under the Land Act 1994 . relevant entity means— (a) each of the Island councils under the repealed Torres Strait Act for the following council areas under that Act— (i) Bamaga council area; (ii) Seisia council area; and (b) each of the community governments under the Local Government (Community Government Areas) Act 2004 for the following community government areas under that Act— (i) Injinoo;

s 1287 739 Local Government Act 1993 s 1287 (ii) New Mapoon; (iii) Umagico. 1287 Local laws and subordinate local laws for local government area of NPARC (1) From the changeover day for NPARC, a by-law of a relevant Island council as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a local law of NPARC; and (c) may be amended or repealed as a local law as provided for under this Act; and (d) subject to any amendment under this Act, applies only to the area to which the by-law applied immediately before changeover day. (2) From the changeover day for NPARC, a subordinate by-law of a relevant Island council as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a subordinate local law of NPARC; and (c) may be amended or repealed as a subordinate local law as provided for under this Act; and (d) subject to any amendment under this Act, applies only to the area to which the subordinate by-law applied immediately before changeover day. (3) From the changeover day for NPARC, a local law of a relevant community government as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a local law of NPARC; and (c) may be amended or repealed as a local law as provided for under this Act; and

s 1288 740 Local Government Act 1993 s 1288 (d) subject to any amendment under this Act, applies only to the area to which the local law applied immediately before changeover day. (4) From the changeover day for NPARC, a subordinate local law of a relevant community government as in force immediately before the changeover day— (a) continues in force; and (b) is taken to be a subordinate local law of NPARC; and (c) may be amended or repealed as a subordinate local law as provided for under this Act; and (d) subject to any amendment under this Act, applies only to the area to which the subordinate local law applied immediately before changeover day. (5) In this section— relevant community government means each of the community governments under the Local Government (Community Government Areas) Act 2004 for the following community government areas under that Act— (a) Injinoo; (b) New Mapoon; (c) Umagico. relevant Island council means each of the Island councils under the repealed Torres Strait Act for the following council areas under that Act— (a) Bamaga council area; (b) Seisia council area. 1288 Continued application of rates and other charges under repealed Torres Strait Act (1) A rate or charge made and levied under the repealed Torres Strait Act, section 50 (the relevant section ), and in force immediately before the changeover day for NPARC, continues in force after the changeover day in accordance with the terms of its making and levying.

s 1289 741 Local Government Act 1993 s 1290 (2) An exemption under the relevant section in force immediately before the changeover day for NPARC continues in force after the changeover day in accordance with its terms. (3) Subsections (1) and (2) apply only to a rate or charge, or to an exemption, having effect within an area that, from the changeover day for NPARC, is included in the new local government area of Northern Peninsula Area. 1289 Continued application of charges under Community Government Areas Act (1) A charge made and levied under the Local Government (Community Government Areas) Act 2004 , section 39 (the relevant section ), and in force immediately before the changeover day for NPARC, continues in force after the changeover day in accordance with the terms of its making and levying. (2) An exemption under the relevant section in force immediately before the changeover day for NPARC continues in force after the changeover day in accordance with its terms. (3) Subsections (1) and (2) apply only to a charge, or to an exemption, having effect within an area that, from the changeover day for NPARC, is included in the new local government area of Northern Peninsula Area. Division 4 Indigenous regional councils generally 1290 Delayed application of ch 6, pts 3 and 5 Chapter 6, parts 3 and 5 apply to an indigenous regional council only to the extent a regulation states that they apply.

s 1291 742 Local Government Act 1993 s 1292 Division 5 Remuneration schedule 1291 Remuneration for 2008 (1) A resolution made under previous section 237 and in force when this section commences ceases to have effect— (a) for a merging local government that goes out of existence under section 159YHA on 15 March 2008—on 15 March 2008; or (b) for a local government other than a local government mentioned in paragraph (a)—at the conclusion of the 2008 quadrennial election for councillors of the local government. (2) The remuneration schedule for councillors of a local government for 2008 applies from the conclusion of the 2008 quadrennial election for councillors of the local government. (3) Despite section 236A(2)(a) and (b), the resolution in relation to remuneration to a councillor for a local government that applies for 2008— (a) must be made as soon as practicable after the conclusion of the 2008 quadrennial election for councillors of the local government (the poll declaration day ); and (b) may authorise payment of remuneration on and after the poll declaration day. (4) In this section— previous section 237 means section 237 as in force from time to time before the commencement of the Local Government Reform Implementation Act 2007 . Division 6 Miscellaneous 1292 Transitional provision for repeal of ch 2A (1) A regulation may provide for all matters necessary or convenient for the repeal of chapter 2A. (2) The regulation may include provision for—

s 1293 743 Local Government Act 1993 s 1293 (a) the dissolution of the Townsville-Thuringowa Water Supply Joint Board; and (b) the transfer of all matters coming within the jurisdiction of the joint board to Townsville City Council; and (c) the assumption by the council of all powers, assets and liabilities, and the staff, of the joint board. 1293 Special provisions for liquor licences and permits (1) This section applies if immediately before the changeover day for a new or adjusted local government area, an existing local government holds a licence or permit under the Liquor Act 1992 . (2) Subsection (3) applies if, on the changeover day for the new or adjusted local government area— (a) premises the subject of the licence or permit becomes the premises of the local government for the new or adjusted local government area; or (b) otherwise—the circumstances of the licence or permit are circumstances that would ordinarily be expected to fall within the responsibilities of the local government for the new or adjusted local government area. (3) From the changeover day for the new or adjusted local government area— (a) the local government for the new or adjusted local government area is taken to hold the licence or permit; and (b) the licence or permit is subject to the same conditions that applied to the licence or permit immediately before the changeover day for the new or adjusted local government area. (4) A reform implementation regulation may, before or after the changeover day for a new or adjusted local government area, identify the new or adjusted local government as the successor to a particular licence or permit mentioned in subsection (1), if doubt arises as to which new or adjusted local government is the successor under subsections (2) and (3).

s 1294 744 Local Government Act 1993 s 1294 (5) A person who, under the Liquor Act 1992 , is the nominee for a licence or permit whose holder is changed under this section continues to be the nominee for the licence or permit until the nominee is changed under that Act. Part 15 Transitional provisions for Local Government and Industrial Relations Amendment Act 2008 1294 Effect of change of legal status on existing local governments and joint local governments (1) On the commencement of this section, a local government in existence immediately before the commencement continues in existence as a local government, but not as a corporation. (2) The change in the local government’s constitution effected by section 34 does not, in any way, affect— (a) the local government’s assets or rights and liabilities; or (b) any matter or thing done by or in relation to the local government. (3) On the commencement, a joint local government in existence immediately before the commencement continues in existence as a joint local government, but not as a corporation. (4) The change in the joint local government’s constitution effected by section 49 does not, in any way, affect— (a) the joint local government’s assets or rights and liabilities; or (b) any matter or thing done by or in relation to the joint local government.

s 1295 745 Local Government Act 1993 s 1295 1295 Contractual rights etc. are unaffected (1) Without limiting section 1294 and to remove any doubt, it is declared that the continuation of a local government as constituted under section 34— (a) does not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and (b) does not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and (c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and (d) does not release a surety or other obligee, in whole or part, from an obligation; and (e) does not negate any decision made by the local government. (2) Without limiting section 1294 and to remove any doubt, it is declared that the continuation of a joint local government as constituted under section 49— (a) does not place the joint local government in breach of contract or otherwise make it guilty of a civil wrong; and (b) does not make the joint local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and (c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or

s 1296 746 Local Government Act 1993 s 1296 (ii) requiring any amount to be paid before its stated maturity; and (d) does not release a surety or other obligee, in whole or part, from an obligation; and (e) does not negate any decision made by the joint local government. 1296 Chief executive to make transitional expenses reimbursement policy (1) The chief executive may make a transitional expenses reimbursement policy for local governments. (2) The transitional expenses reimbursement policy must provide for— (a) payment of reasonable expenses incurred by councillors for discharging their duties and responsibilities as councillors; and (b) the provision of facilities to the councillors for that purpose. (3) For the transitional period for a local government— (a) a councillor who incurs expenses in the discharge of duties or responsibilities as a councillor is entitled to the expenses provided for under the transitional expenses reimbursement policy; and (b) a councillor is entitled to be provided with facilities for discharging duties or responsibilities as a councillor in accordance with the transitional expenses reimbursement policy. (4) In this section— transitional period , for a local government, means the period from the conclusion of the 2008 quadrennial election for the local government until the day it adopts an expenses reimbursement policy as provided for under section 250AS.

s 1297 747 Local Government Act 1993 s 1299 1297 New local government may defer review of business activities and public benefit assessments (1) This section applies to a new local government. (2) The new local government is not required to comply with sections 547 and 555 until 1 July 2009. (3) In this section— new local government see section 159YD. 1298 Constitution of new local government from changeover day to conclusion of 2008 quadrennial election (1) This section applies to a new local government. (2) Despite section 34, from 15 March 2008 until the end of the day that is the conclusion of the last 2008 quadrennial election held for any councillor for the new local government under chapter 3, part 1B, division 8, the new local government is constituted by the new local government’s chief executive officer. (3) In this section— new local government see section 159YD. Part 16 Transitional provision for Sustainable Planning Act 2009 1299 Application of former s 854 (1) This section applies to a provision of a local law or a subordinate local law of a local government that— (a) is in force before the commencement; and (b) includes a process of a type mentioned in former section 854(1). (2) On or after the commencement, the provision may be repealed but may not be amended.

s 1299 748 Local Government Act 1993 s 1299 (3) Subsection (2) does not apply for local laws of the type mentioned in former section 854(1A) until the local government makes a decision to prepare a new planning scheme under the Sustainable Planning Act 2009. (4) Subsection (3) also applies to a local law of a local government if— (a) the area or part of the area of the local government (the first local government ) has been amalgamated with another local government’s area; and (b) the local law— (i) under a regulation, continues to apply in what was the first local government’s area; or (ii) has, by another local law, been applied, with or without amendment, to the entire area of the amalgamated local government areas. (5) In this section— commencement means the day this section commences. former , for a provision of this Act, means the provision as in force before the commencement.

749 Local Government Act 1993 Schedule 1 Ethics principles for local government councillors section 250G(1) 1 Integrity of local government (1) It is vital that the public has confidence in a local government’s ability to ensure the good rule and government of its area. (2) Councillors must conduct themselves in a way that promotes and maintains the public’s trust and confidence in the local government and the good rule and government of its area. 2 Primacy of the public interest (1) Councillors are elected to act in the public interest and to make decisions solely in terms of the public interest. (2) Councillors must take steps to avoid, resolve or disclose conflicts of interest. 3 Independence of action by councillors Councillors must not place themselves under any financial obligation that may influence them in discharging their duties and responsibilities as councillors. 4 Appropriate use of information by councillors Councillors who, in the course of carrying out their duties, receive information that is not available to the general public must not misuse this information, particularly for personal gain. 5 Transparency and scrutiny (1) It is vital that the public has confidence in the integrity of a local government’s decision-making processes.

750 Local Government Act 1993 Schedule 1 (continued) (2) To ensure transparency and public scrutiny of, and public confidence in, those processes, councillors must disclose their financial interests. 6 Appropriate use of entitlements Councillors must comply with the requirements about using entitlements provided for under the local government’s policies.

751 Local Government Act 1993 Schedule 1A Local government reform implementation sections 159YG to 159YL Part 1 New local governments Column 1 Column 2 Column 3 Column 4 Column 5 Local government Class Area map Number of councillors assigned to each division Total number of councillors (including mayor) Barcaldine region LGRB 5 area not divided 7 Blackall Tambo region LGRB 8 divided 5 Bundaberg region LGRB 11 divided 11 Cairns region LGRB 14 divided 11 Cassowary Coast region LGRB 16 divided 7 Central Highlands region LGRB 25 area not divided 9 Charters Towers region LGRB 17 area not divided 7 Dalby region LGRB 22 area not divided 9 Fraser Coast region LGRB 28 area not divided 11 Gladstone region LGRB 29 area not divided 9 Goondiwindi region LGRB 31 area not divided 7 Gympie region LGRB 32 area not divided 9 Isaac region LGRB 36 divided 9 Lockyer Valley region LGRB 39 area not divided 7 Longreach region LGRB 41 divided 7 Mackay region LGRB 42 area not divided 11 Moreton Bay region LGRB 50 divided 13 North Burnett region LGRB 49 divided 7

752 Local Government Act 1993 Schedule 1A (continued) Column 1 Column 2 Column 3 Column 4 Column 5 Local government Class Area map Number of councillors assigned to each division Total number of councillors (including mayor) Northern region Peninsula Area LGRB 51 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 6 Rockhampton region LGRB 58 divided 11 Roma region LGRB 59 area not divided 9 Scenic Rim region LGRB 7 edition 3 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 7 Somerset region LGRB 60 area not divided 7 South Burnett region LGRB 61 divided 7 Southern Downs region LGRB 62 area not divided 9 Sunshine Coast region LGRB 63 divided 13 Tablelands region LGRB 64 divided 9 Toowoomba region LGRB 65 area not divided 11 Torres Strait Island region LGRB 67 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 division 11—1 division 12—1 division 13—1 division 14—1 division 15—1 16

753 Local Government Act 1993 Schedule 1A (continued) Column 1 Column 2 Column 3 Column 4 Local government Class Area map Number of councillors assigned to each division Townsville city LGRB 68 area not divided Whitsunday region LGRB 69 divided Column 5 Total number of councillors (including mayor) 13 7 Part 2 Adjusted local governments Column 1 Column 2 Column 3 Column 4 Column 5 Local government Class Area map Number of councillors assigned to each division Total number of councillors (including mayor) Banana shire LGRB 4 divided 7 Cook shire LGRB 20 area not divided 7 Gold Coast city LGRB 30 divided 15 Hope Vale shire LGRB 34 area not divided 5 Ipswich city LGRB 35 edition 3 division 1—1 division 2—1 division 3—1 division 4—1 division 5—1 division 6—1 division 7—1 division 8—1 division 9—1 division 10—1 11 Logan city LGRB 40 divided 13 Mornington shire LGRB 45 area not divided 5 Torres shire LGRB 66 area not divided 5 Wujal Wujal shire LGRB 72 area not divided 5

754 Local Government Act 1993 Part 3 Schedule 1A (continued) Continuing local governments Column 1 Column 2 Column 3 Column 4 Column 5 Local government Class Area map Number of councillors assigned to each division Total number of councillors (including mayor) Aurukun shire LGRB 2 area not divided 5 Balonne shire LGRB 3 area not divided 5 Barcoo shire LGRB 6 area not divided 5 Boulia shire LGRB 9 area not divided 5 Bulloo shire LGRB 10 area not divided 5 Burdekin shire LGRB 12 area not divided 7 Burke shire LGRB 13 area not divided 5 Carpentaria shire LGRB 15 area not divided 5 Cherbourg shire LGRB 18 area not divided 5 Cloncurry shire LGRB 19 area not divided 5 Croydon shire LGRB 21 area not divided 5 Diamantina shire LGRB 23 area not divided 5 Doomadgee shire LGRB 24 area not divided 5 Etheridge shire LGRB 26 area not divided 5 Flinders shire LGRB 27 area not divided 5 Hinchinbrook shire LGRB 33 area not divided 7 Kowanyama shire LGRB 37 area not divided 5 Lockhart River shire LGRB 38 area not divided 5 Mapoon shire LGRB 43 area not divided 5 McKinlay shire LGRB 44 area not divided 5 Mount Isa city LGRB 46 area not divided 7 Murweh shire LGRB 47 area not divided 5 Napranum shire LGRB 48 area not divided 5

755 Local Government Act 1993 Schedule 1A (continued) Column 1 Column 2 Column 3 Column 4 Column 5 Local government Class Area map Number of councillors assigned to each division Total number of councillors (including mayor) Palm Island shire LGRB 52 area not divided 5 Paroo shire LGRB 53 area not divided 5 Pormpuraaw shire LGRB 54 area not divided 5 Quilpie shire LGRB 55 area not divided 5 Redland city LGRB 56 divided 11 Richmond shire LGRB 57 area not divided 5 Winton shire LGRB 70 area not divided 5 Woorabinda shire LGRB 71 area not divided 5 Yarrabah shire LGRB 73 area not divided 5

756 Local Government Act 1993 Schedule 1B Composition of new local transition committees for particular new local governments section 159YR Cassowary Coast Regional Council • 2 councillors from Cardwell Shire Council • the administrator of Johnstone Shire Council, who is eligible to be chosen as the chairperson of the local transition committee, and the member of the community reference group established for Johnstone Shire Council chosen by the administrator • union representatives as provided for in chapter 3, part 1B, division 4, subdivision 1 • the interim chief executive officer for the new local government area as provided for in chapter 3, part 1B, division 4, subdivision 1 Torres Strait Island Regional Council • 1 representative from each island council whose council area is included in Torres Strait Island Regional Council, who must be the chairperson of the island council, or a councillor who is the delegate of the chairperson • union representatives as provided for in chapter 3, part 1B, division 4, subdivision 1 • the interim chief executive officer for the new local government area as provided for in chapter 3, part 1B, division 4, subdivision 1

757 Local Government Act 1993 Schedule 1C Composition of transferring area local transition committees section 159YY Transferring area local transition committee for transferring area A (Logan/Beaudesert) • 2 councillors each from Logan City Council and Beaudesert Shire Council • union representatives as provided for a local transition committee in chapter 3, part 1B, division 4, subdivision 1 • the chief executive officer of each of Logan City Council and Beaudesert Shire Council Transferring area local transition committee for transferring area D (Logan/Gold Coast) • 2 councillors each from Logan City Council and Gold Coast City Council • union representatives as provided for a local transition committee in chapter 3, part 1B, division 4, subdivision 1 • the chief executive officer of each of Logan City Council and Gold Coast City Council Transferring area local transition committee for transferring area E (Banana/Taroom) • 2 councillors each from Banana Shire Council and Taroom Shire Council • union representatives as provided for a local transition committee in chapter 3, part 1B, division 4, subdivision 1

758 Local Government Act 1993 Schedule 1C (continued) • the chief executive officer of each of Banana Shire Council and Taroom Shire Council

759 Local Government Act 1993 Schedule 2 Dictionary section 3 additional territorial unit , of a local government, has the meaning given by section 23. administrative action , for chapter 6, part 5, see section 501C. 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 Electoral Act 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. affected person , for chapter 6, part 5, see section 501B. appeal tribunal means an appeal tribunal established under this Act to hear an appeal about the decision about which the expression is used. appointer , of a local government employee, means— (a) for the chief executive officer—the local government; or (b) for a senior executive officer appointed by the local government—the local government; or

760 Local Government Act 1993 Schedule 2 (continued) (c) for another employee—the chief executive officer. approved form see section 1202. approved inspection program see section 1098. approves , a referendum question, see section 124(2) to (4). asset disposal plan , for a local government, means its most recent asset disposal plan under section 483I, as amended from time to time under section 483M. auditor-general means the Queensland Auditor-General under the Auditor-General Act 2009 . authorised person — (a) in chapter 3, part 2—means a person who is appointed under section 167; and (b) in chapter 14, part 3, division 2—has the meaning given by section 980; and (c) in chapter 15, part 5—has the meaning given by section 1082. basic territorial unit , of a local government, has the meaning given by section 22. budget meeting , of a local government, means a meeting of the local government at which it adopts its budget for a financial year. category of local government , for chapter 4, part 3, division 3, means each category of local government established under section 250AH. certified copy , of a local government’s local law or subordinate local law, means a copy of the local law or subordinate local law certified by the local government’s chief executive officer to be the local law or subordinate local law as made by the local government. chairperson , of an expanded commission, means— (a) if the commission is a special commission—the member mentioned in section 67(1)(a); or

761 Local Government Act 1993 Schedule 2 (continued) (b) if paragraph (a) does not apply—the commission member who is the commissioner or deputy commissioner. cleansing services includes services for the removal of nightsoil, refuse or recyclable material. CMC means the Crime and Misconduct Commission under the Crime and Misconduct Act 2001 . combined form means a form that— (a) gives information required by this Act and other Acts about a change of ownership of land; and (b) may be given to the registrar of titles. commercial business unit , of a local government, see section 578. commission means the Local Government Grants Commission. committee , for chapter 4, part 3A, see section 250B. common effluent drainage means a sewerage system for carrying off effluent from premises after treatment in an on-site sewerage facility for the premises. Commonwealth Superannuation Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth). community deed of grant in trust see sections 1281(5) and 1286(5). community forum see section 159ZZJ. community titles Act means— • the Building Units and Group Titles Act 1980 • the Integrated Resort Development Act 1987 • the Mixed Use Development Act 1993 • another Act prescribed by regulation. company limited by shares has the same meaning as in the Corporations Act.

762 Local Government Act 1993 Schedule 2 (continued) complaint , for chapter 6, part 5, see section 501B. component local government means a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments. compulsory referendum see section 92. conduct review panel , for a local government, means the conduct review panel convened by the local government as required under chapter 4, part 3A. consolidated version , of a local law or subordinate local law, means a document that accurately combines a local government’s local law or subordinate local law, as originally made, with all amendments made to the local law or subordinate local law since the local law or subordinate local law was originally made. consultation period — (a) for a proposed local law—means the period mentioned in section 868; and (b) for a subordinate local law—means the period mentioned in section 878. conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded. councillor , of a local government, includes the local government’s mayor. delayed implementation determination , for a reviewable local government matter, means a determination, under section 93(2) or (3) or section 102(2) or (3), for the matter. delayed implementation issues , for a reviewable local government matter mentioned in section 64(1)(c), means— (a) the likely cost of conducting fresh elections that may be held because of the implementation of the matter; and

763 Local Government Act 1993 Schedule 2 (continued) (b) the period since the conduct of the last elections of all councillors for the local governments affected by the matter; and (c) the period before the conduct of the next quadrennial elections for the local governments. delayed implementation reference , for a reviewable local government matter, means a reference of a matter mentioned in section 64(1)(c), for a local government whose area is divided, that— (a) does not include a matter mentioned in section 64(1)(g), (h), (i) or (k); and (b) the Minister states in the reference is a delayed implementation reference. deputy commissioner means the deputy electoral commissioner under the Electoral Act 1992 . designated disposal activities , of a local government, see section 481B. designated election offence see section 1077A. detached house does not include— (a) a caravan, trailer or vehicle; or (b) a duplex; or (c) a manufactured home. differential general rate means a rate (other than a special rate) made and levied equally on the unimproved value of all rateable land in a local government area included in a category decided by the local government in levying the rate. discount date , for a rate, means a date, decided by the local government, by which the rate must be paid for a discount to be allowed. discount period , for a rate, means a period of time, decided by the local government, during which the rate must be paid for a discount to be allowed. dispose of land or goods includes sell the land or goods.

764 Local Government Act 1993 Schedule 2 (continued) drafting certificate , for a proposed interim local law, proposed local law or subordinate local law, means a certificate signed by the relevant local government’s chief executive officer stating the law is drafted in sufficient accordance with drafting standards prescribed under a regulation for the law. EEO management plan means an equal employment opportunity management plan required under section 1137E. effective value of land for a financial year (the relevant financial year ), for the purpose of calculating the land’s unimproved value to make and levy rates for a financial year (the current financial year ), means— (a) if the relevant financial year is a financial year other than the current financial year—the unimproved value of the land decided under the Valuation of Land Act 1944 effective on the last day of the financial year; or (b) if the relevant financial year is the current financial year—the unimproved value of the land decided under the Valuation of Land Act 1944 . electoral and boundaries review commission means a Local Government Electoral and Boundaries Review Commission established under section 66. employment matters means any matter about the employment of an employee, including the following— (a) recruitment procedure and selection criteria, for appointment or engagement of a person as an employee; (b) promotion and transfer of an employee; (c) training and staff development for an employee; (d) terms of service and separation of an employee. encumbrance includes any of the following that affects land— (a) a mortgage, lien or charge; (b) a caveat; (c) an agreement;

765 Local Government Act 1993 Schedule 2 (continued) (d) a judgment, writ or process; (e) an interest adverse to the interest of the land’s owner; but does not include an easement. enterprise includes any business, undertaking and activity. enterprise power has the meaning given by section 496(2). expanded commission means an electoral and boundaries review commission constituted by more than 1 commission member. expenses reimbursement policy means a policy providing for the following— (a) payment of reasonable expenses incurred, or to be incurred, by councillors of a local government for discharging their duties and responsibilities as councillors; (b) provision of facilities to the councillors for that purpose. explanatory statement see section 131. facility includes work. ferry includes a punt and floating pontoon. financial controller , for a local government, means a person appointed under chapter 3, part 2, division 5 as a financial controller for the local government. foreshore means the land lying between high-water mark and low-water mark at ordinary spring tides. general complaints process see section 501D(1). general rate means a rate (other than a separate rate) made and levied by a local government equally on the unimproved value of all rateable land in its area. government entity has the same meaning as in the Government Owned Corporations Act 1993 . guardian means a person who is recognised in law as having all the duties, powers, responsibilities and authority that, by law, parents have for their children.

766 Local Government Act 1993 Schedule 2 (continued) holding means land held from the State for a leasehold interest. Housing Act 2003 section 113 contract means a contract of sale entered into under the Housing Act 2003 , section 113, under which— (a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or (b) the sale is of a share in a house and land. housing Act contract means— (a) a housing Act s 24 contract; or (b) a Housing Act 2003 section 113 contract. housing Act s 24 contract means a contract of sale entered into under the State Housing Act 1945 , section 24, before the repeal of that Act, under which— (a) the purchasing price, other than any deposit, is payable in 2 or more instalments; or (b) the sale is of a share in a house and land. 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 and planning schemes; 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 (e) anything else prescribed under a regulation. improved land means land, or the part of land, that is—

767 Local Government Act 1993 Schedule 2 (continued) (a) the site or curtilage of a building; or (b) a garden, lawn, yard or court; or (c) a park, plantation, planted walk or avenue; or (d) a nursery for trees; or (e) land under cultivation. improved value , for land, means the amount the land and fixed improvements on the land would be worth if— (a) there were an exchange between a willing buyer and a willing seller in an arms-length transaction after proper marketing; and (b) the parties had acted knowledgeably, prudently and without compulsion. indigenous regional council means the Torres Strait Island Regional Council or the Northern Peninsula Area Regional Council. information date , for chapter 5, part 5, see section 284A. interim local law has the meaning given by section 852. joint board means the Townsville-Thuringowa Water Supply Joint Board established under chapter 2A. joint local government means a joint local government established under this Act. joint local government area means a part of the State that is established as a joint local government area under this Act. jurisdiction of local government has the meaning given by section 25. keeper of the register has the meaning given by section 1140. land includes— (a) freehold land; and (b) a holding; and (c) a mining claim.

768 Local Government Act 1993 Schedule 2 (continued) land panel means a community forum separately constituted as a land panel under section 159ZZS. land record , of a local government, means the record of rateable land in its area it is required to keep under section 994. levee bank means an embankment or structure by which— (a) water is prevented or reduced from flowing into or from land; or (b) the flooding of land is prevented or reduced. LGOC see section 592. LG Super scheme see section 1180(1). limited partner has the same meaning as in the Partnership Act 1891 , chapter 3. limited reviewable local government matter see section 65. local governing body has the meaning given by the Local Government (Financial Assistance) Act 1995 (Cwlth). local government means a local government established under this Act. local government Act means an Act under which a local government may exercise the jurisdiction of local government, and includes, for example— (a) this Act; and (b) the Sustainable Planning Act 2009 ; and (c) the Plumbing and Drainage Act 2002 ; and (d) the Water Act 2000 , chapter 2A; and (e) the Water Supply (Safety and Reliability) Act 2008 , chapter 2; and (f) a local law; and (g) a planning scheme. local government area means a part of the State that is established as a local government area under this Act.

769 Local Government Act 1993 Schedule 2 (continued) Local Government Association means the Local Government Association of Queensland (Incorporated). Local Government Finance Standards means the standards in force under section 502. local government matter means a matter about local government. local government owned corporation see section 592. local law has the meaning given by section 850. 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 81 or 83 is a major reference. 48 manufactured home see the Manufactured Homes (Residential Parks) Act 2003 , section 10. market value , of land for chapter 14, means the improved value of the land obtained by the local government from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government. 48 A special reference is a major reference under paragraph (a)—see definition special reference .

770 Local Government Act 1993 Schedule 2 (continued) material personal interest of a person has the meaning given by section 6. meeting breach , for chapter 4, part 3A, see section 250M(1). member for— (a) a joint local government—includes the president and deputy president of the joint local government; or (b) for the joint board—see section 60A; or (c) a local government committee—includes the chairperson and deputy chairperson of the committee; or (d) the Local Government Grants Commission—includes the chairperson and deputy chairperson of the commission; or (e) an electoral and boundaries review commission—means a member of the commission. merit , of an applicant, includes the applicant’s abilities, knowledge and skills relevant to the position concerned. minimum general rate levy means an amount fixed as the minimum amount payable as a general rate or differential general rate for all or any rateable land in a local government area. mining claim means a mining claim to which the Mineral Resources Act 1989 applies. mining lease means a mining lease to which the Mineral Resources Act 1989 applies. minor amendment , of a local law, means an amendment correcting or changing— (a) the format or presentation of the local law; or (b) a grammatical error in the local law; or (c) a factual matter incorrectly stated in the local law; or (d) redundant or outdated terms. minor breach , for chapter 4, part 3A and chapter 6, part 5, see section 250M(2).

771 Local Government Act 1993 Schedule 2 (continued) minor reference , for a reviewable local government matter, means a reference the commissioner declares, under section 81, is a minor reference, but does not include a reference an electoral and boundaries review commission declares, under section 83, to be a major reference. misconduct , of a local government employee, means— (a) disgraceful or improper conduct that shows unfitness to be or to continue as a local government employee; or (b) behaviour that does not satisfy a standard of behaviour generally expected of local government employees; or (c) a contravention of a provision of this or another Act setting out what the employee must or must not do (whether or not the Act provides for a penalty for contravening the provision). model local law has the meaning given by section 851. non-compulsory referendum see section 92. non-current assets , of a local government, means any of its assets that are not current assets. notice of realignment means a notice under section 902(3). notional GST means amounts a local government may pay under the GST and Related Matters Act 2000 , section 5. on-site sewage treatment plant see Plumbing and Drainage Act 2002 , schedule. on-site sewerage facility see Plumbing and Drainage Act 2002 , schedule. opposes , a referendum question, see section 124(5). overdue rate for— (a) Brisbane City Council—means the unpaid amount of a rate under the City of Brisbane Act 1924 , section 67(1); or (b) another local government—see section 1016. owner , of land—

772 Local Government Act 1993 Schedule 2 (continued) (a) generally—see section 4; and (b) for chapter 3, part 1—see also section 63. pensioner means a person receiving a pension, allowance or benefit prescribed by regulation. perform work includes take action to comply with a local government Act. permissible company has the meaning given by section 497. planning scheme see the Sustainable Planning Act 2009 , section 79. premises group means the land comprised in 2 or more premises all the owners of which have mutual rights and obligations under the Body Corporate and Community Management Act 1997 or Building Units and Group Titles Act 1980 , but only to the extent of its continued application for a specified Act, for the purpose of their respective ownerships, and includes the common property forming part of— (a) if the premises are lots included in a community titles scheme under the Body Corporate and Community Management Act 1997 —the scheme land under that Act for the scheme; or (b) if the premises are lots under the Building Units and Group Titles Act 1980 , but only to the extent of its continued application for a specified Act—the parcel of which the premises form part. prescribed offices see section 7. prescribed regulatory fee see section 1071B(1). procurement activities , of a local government, see section 481A. procurement plan , for a local government, means its most recent made procurement plan made under section 483D, as amended from time to time under section 483E. procurement principles see section 481(2).

773 Local Government Act 1993 Schedule 2 (continued) prohibited substance means— (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, stormwater drainage; or Examples for paragraph (a) — • ash, cinders, sand, mud, straw and shavings • metal, glass and plastics • paper and plastic dishes, cups and milk containers • rags, feathers, tar and wood • whole blood, paunch manure, hair and entrails • oil and grease • cement laden waste water, including, wash down from exposed aggregate concrete surfaces (b) a flammable or explosive solid, liquid or gaseous substance; or (c) sewage; or (d) a substance that, given its quantity, is capable alone, or by interaction with another substance discharged into stormwater drainage, of— (i) inhibiting or interfering with the stormwater drainage; or (ii) causing damage or a hazard to the stormwater drainage; or (iii) causing a hazard for humans or animals; or (iv) creating a public nuisance; or (v) creating a hazard in waters into which it is discharged; or (vi) contaminating the environment in places where stormwater is discharged or reused; or Example for paragraph (d) — a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property

774 Local Government Act 1993 Schedule 2 (continued) (e) a substance having a temperature of more than— (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or (ii) if paragraph (a) does not apply—38ºC. property sewer means a sewer for premises or a premises group. public office , of a local government, means the premises kept as its public office under section 37. public place means any place that the public is entitled to use, is open to the public, or used by the public, whether or not on payment of money. public thoroughfare easement means a public thoroughfare easement under either of the following provisions, if the easement is in favour of a local government— (a) the Land Act 1994 , chapter 6, part 4, division 8; (b) the Land Title Act 1994 , part 6, division 4. QCAT information notice means a notice complying with the QCAT Act, section 157(2). question , for a referendum, means the question asked at the referendum. rate means a rate or charge mentioned in section 963(1), and includes any interest accrued, or premium owing, on a rate or charge mentioned in the section. rateable land has the meaning given by section 957. rating category has the meaning given by section 983(3)(a). referendum means a referendum under chapter 3, part 1, division 7, for an electoral and boundaries review commission’s proposed determination of a reviewable local government matter. referendum day see section 127. referendum notice , for a referendum, see section 128.

775 Local Government Act 1993 Schedule 2 (continued) 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. reform commission see section 159D. registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land. regulatory fee see section 1071A(1). remuneration schedule see section 250AK(3). remuneration tribunal means the Local Government Remuneration Tribunal established under section 250AA. repealed Torres Strait Act means the Community Services (Torres Strait) Act 1984 as in force before its repeal under the Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 . repeat breach , for chapter 4, part 3A, see section 250M(3). required number , in chapter 12, means the number decided by the Minister. reviewable local government matter has the meaning given by section 64. review commissioner means a review commissioner appointed under chapter 3, part 1, division 8, subdivision 2. road means— (a) an area of land dedicated to public use as a road; or (b) an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or (d) a pedestrian or bicycle path; or (e) a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d);

776 Local Government Act 1993 Schedule 2 (continued) but does not include a State-controlled road under the Transport Infrastructure Act 1994 , or a public thoroughfare easement. sanitary drain means a drain (not including a pipe that is a part of common effluent drainage) that is immediately connected to, and used to carry discharges from, a soil or waste pipe for premises. sanitary drainage means apparatus, fittings and pipes for collecting and carrying discharges from sanitary plumbing, or from fixtures directly connected to a sanitary drain, to a sewerage system or on-site sewerage facility, including the following apparatus, fittings and pipes— (a) disconnector gullies; (b) bends at the foot of stacks or below ground level; (c) for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility; (d) pipes above ground level, installed using drainage principles. sanitary plumbing means apparatus, fittings, fixtures and pipes that carry sewage to a sanitary drain. senior executive officer , of a local government, means an employee of the local government— (a) who reports directly to the chief executive officer; and (b) whose position ordinarily would be considered to be a senior position in the local government’s corporate structure. separate charge means a charge made and levied by a local government equally on all rateable land in its area. separate rate means a rate made and levied by a local government equally on the unimproved value of all rateable land in its area. septic tank means a tank in which solid organic matter in sewage is decomposed by anaerobic bacteria.

777 Local Government Act 1993 Schedule 2 (continued) sewage treatment plant means equipment for the biological, physical or chemical treatment of sewage. sewerage system means infrastructure used to receive, transport and treat sewage or effluent, including, for example, sewers, access chambers, vents, engines, pumps, structures, machinery and outfalls. sign a thing includes the making of a mark on the thing before someone else who signs the thing as witness. significant business activity , of a local government, means a significant business activity of the local government under chapter 8. significant designated disposal activity see section 483J(1)(e). significant procurement activity see section 483D(4)(g). significant procurement activity plan see section 483G(1). special charge means a charge made and levied by a local government on some, but not all, rateable land in its area. special commission means an electoral and boundaries review commission established for a special reference of a reviewable local government matter. special rate means a rate made and levied by a local government on the unimproved value of some, but not all, rateable land in its area. special reference , for a reviewable local government matter, means a reference under section 288 of a reviewable local government matter mentioned in section 64(1)(g) or (h) that, if implemented, would affect the City of Brisbane. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act.

778 Local Government Act 1993 Schedule 2 (continued) State-controlled road means a State-controlled road under the Transport Infrastructure Act 1994 . State interest , for a local law or subordinate local law, a provision of a local law or subordinate local law, or a provision of a proposed local law, is— (a) an interest that, in the Governor in Council or Minister’s opinion, affects an economic, social or environmental interest of the State or a region; or (b) an interest in ensuring there is an efficient, effective and accountable system of local government; or (c) an interest prescribed by regulation. State land means unallocated State land within the meaning of the Land Act 1994 . State office , of the department, means the department’s address prescribed by regulation. statutory breach , for chapter 4, part 3A, see section 250M(4). statutory obligation , for chapter 4, part 3A, see section 250B. stormwater drainage means a drain, channel, pipe, chamber, structure, outfall or other work used to receive, store, transport or treat stormwater. stormwater installation , for premises, means roof gutters, downpipes, subsoil drains and stormwater drainage for the premises, but does not include any part of a local government’s stormwater drainage. structure means anything built or constructed, whether or not attached to land. subordinate local law see section 853. target group means any of the following— (a) Aborigines or Torres Strait Islanders; (b) people who have migrated to Australia and whose first language is a language other than English, and the children of those people;

779 Local Government Act 1993 Schedule 2 (continued) (c) people with a physical, sensory, intellectual or psychiatric disability, whether the disability presently exists or previously existed but no longer exists; (d) persons of the female sex, irrespective of age. tax component see section 1071B(1). territorial unit — (a) for a local government—has the meaning given by section 24; or (b) for a joint local government—means its joint local government area. threshold amount , for value of non-current assets of a local government, means the amount it sets under the Local Government Finance Standards below which the value of a non-current asset must be treated as an expense. 49 time share scheme , for a structure, means a scheme or arrangement that is to operate for at least 3 years during which time the participants in the scheme or arrangement are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods. trade waste means water-borne waste from business, trade or manufacturing premises, other than— (a) a prohibited substance; and (b) human waste. trustee decision see section 159ZZV. trust land means land that is the subject of a community deed of grant in trust. unimproved value of land for a financial year— (a) if the relevant local government has made a resolution under section 959 for the financial year—means the 49 See the Local Government Finance Standards, sections 42 (Register of non-current assets) and 43 (Setting amount for treating non-current asset as an expense).

780 Local Government Act 1993 Schedule 2 (continued) averaged value of the land calculated under chapter 14, part 1, division 2; or (b) for a mining claim—is the amount specified under section 970; or (c) in any other case—has the meaning given by the Valuation of Land Act 1944 . unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991 . utility charge means a charge for the supply by a local government of water, gas, sewerage or cleansing services to any land or structure. valuation authority means the chief executive within the meaning of the Valuation of Land Act 1944 . veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936 . voting hours , for voting at a mobile polling booth or declaration voting at a place under section 352, means the hours when electors may enter the booth or place to vote at an election. watercourse means a river, creek or channel where water flows naturally.

781 Local Government Act 1993 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .781 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .782 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .782 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .785 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .785 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .797 8 List of forms notified or published in the gazette . . . . . . . . . . . . . . . . . . . . . . . . .916 9 Schedule of renumbering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .920 10 Information about retrospectivity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .987 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2010 immediately before repeal. Future amendments of the Local Government Act 1993 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

782 Local Government Act 1993 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 2 3 3A 3B 3C 3D 4 4A 4B 4C 4D 4E 5 5A 5B Amendments to 1994 Act No. 1 1994 Act No. 77 1995 Act No. 32 1996 Act No. 81 1997 Act No. 42 1997 Act No. 78 1998 Act No. 21 1998 Act No. 21 1998 Act No. 31 1998 Act No. 31 1999 Act No. 11 1999 Act No. 42 1999 Act No. 70 2000 Act No. 5 2000 Act No. 26 2000 Act No. 34 Effective Reprint date 26 March 1994 10 March 1995 1 July 1995 1 February 1997 24 October 1997 1 January 1998 30 March 1998 30 March 1998 20 July 1998 12 October 1998 30 March 1999 1 July 1999 1 December 1999 16 March 2000 1 July 2000 15 September 2000 26 March 1994 3 April 1995 7 July 1995 7 April 1997 31 October 1997 12 January 1998 5 June 1998 1 July 1998 17 September 1998 14 October 1998 9 April 1999 13 September 1999 7 March 2000 2 June 2000 18 August 2000 3 November 2000

783 Local Government Act 1993 Reprint No. 5C 6 6A 6B 6C 6D 6E 6F 6G 6H 7 Amendments to 2000 Act No. 34 2001 Act No. 45 2001 Act No. 45 2001 Act No. 73 2001 Act No. 98 2001 Act No. 98 2001 Act No. 98 2001 Act No. 98 2002 Act No. 8 2002 Act No. 8 2002 Act No. 20 Reprint No. 7A rv 7B rv 7C rv 7D rv 7E rv 7F rv 8 rv 8A rv 8B rv 8C rv 8D rv 8E rv 8F rv 8G rv 8H rv 9 rv 9A rv 9B rv 9C rv 9D rv 9E rv 9F rv 9G rv 9H rv 9I rv 9J rv 9K 9L Amendments included 2002 Act No. 7 2002 Act No. 20 2002 Act No. 34 2002 Act No. 37 2002 Act No. 68 — 2003 Act No. 2 — — 2003 Act No. 64 2001 Act No. 93 2002 Act No. 77 2003 Act No. 85 2002 Act No. 77 2003 Act No. 64 1994 Act No. 8 (amd 2003 Act No. 54) 2003 Act No. 52 2005 Act No. 33 — 2003 Act No. 74 2003 Act No. 85 2004 Act No. 1 — 2004 Act No. 20 2004 Act No. 29 2004 Act No. 53 2004 Act No. 25 2004 Act No. 37 2005 Act No. 26 2005 Act No. 33 2005 Act No. 54 Effective Reprint date 27 November 2000 30 June 2001 15 July 2001 3 December 2001 1 January 2002 1 January 2002 1 February 2002 1 March 2002 19 April 2002 1 June 2002 6 June 2002 28 November 2000 6 July 2001 27 July 2001 14 December 2001 4 January 2002 11 January 2002 15 February 2002 1 March 2002 26 April 2002 1 June 2002 7 June 2002 Effective 1 July 2002 Notes provs exp 30 June 2002 16 August 2002 29 August 2002 1 January 2003 2 March 2003 4 March 2003 4 March 2003 2 July 2003 16 October 2003 20 October 2003 1 November 2003 6 November 2003 14 November 2003 provs exp 1 March 2003 R7F rv withdrawn, see R8 rv Revision notice issued for R8 provs exp 1 July 2003 1 December 2003 1 January 2004 R8H rv withdrawn, see R9 rv 1 January 2004 1 March 2004 29 March 2004 21 May 2004 2 July 2004 5 October 2004 22 November 2004 29 November 2004 31 December 2004 1 January 2005 31 May 2005 18 August 2005 18 November 2005 Revision notice issued for R9 provs exp 1 July 2004

784 Local Government Act 1993 Reprint No. 9M 9N 10 10A 10B 10C 10D 10E rv 11 rv 11A 11B 11C 11D 11E 11F 11G 12 12A 12B 12C 12D 12E 12F 12G 12H 12I 12J 12K 12L Amendments included 2005 Act No. 68 2005 Act No. 39 — 2006 Act No. 36 2006 Act No. 41 1975 Act No. 11 (amd 2006 Act No. 36) 2006 Act No. 36 2006 Act No. 59 2007 Act No. 21 — 2007 Act No. 31 — 2005 SL No. 81 (amd 2007 SL No. 219) 2007 Act No. 57 2007 Act No. 58 2007 Act No. 59 2007 Act No. 60 2008 Act No. 5 2007 Act No. 59 2008 Act No. 13 2008 Act No. 36 2008 Act No. 30 2008 Act No. 34 2008 Act No. 46 2008 Act No. 74 — 2009 Act No. 3 2009 Act No. 17 2008 Act No. 73 2008 Act No. 74 2009 Act No. 9 2009 Act No. 13 2009 Act No. 25 2009 Act No. 24 (amd 2009 Act No. 48) 2009 Act No. 36 2009 Act No. 17 (amd 2010 Act No. 23) Effective 6 February 2006 1 March 2006 1 March 2006 10 August 2006 11 August 2006 1 September 2006 Notes R9N withdrawn, see R10 7 December 2006 26 April 2007 26 April 2007 10 August 2007 12 August 2007 1 September 2007 R10E rv withdrawn, see R11 rv Revision notice issued for R11 prov exp 11 August 2007 prov exp 31 August 2007 16 November 2007 22 November 2007 13 March 2008 15 March 2008 23 April 2008 20 June 2008 1 July 2008 12 September 2008 11 December 2008 1 January 2009 23 February 2009 12 June 2009 1 July 2009 provs exp 31 December 2008 2 November 2009 1 December 2009 18 December 2009 1 July 2010 immediately before repeal

785 Local Government Act 1993 5 Tables in earlier reprints Name of table Changed citations and remade laws Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 3 2, 3, 4, 12 2, 3 2, 3, 4 6 List of legislation Local Government Act 1993 No. 70 date of assent 7 December 1993 ss 1–4, ch 4 pt 1, ch 5, ch 6 pt 2, s 689, ch 13 pt 2, ch 14 pt 1 (ss 764–5, div 5, s 800) commenced on date of assent ch 13 pt 3 commenced 24 February 1994 (see s 2(1A)) s 395 commenced 1 July 1994 (see s 2(2)) remaining provisions commenced on 26 March 1994 (see s 2(5)) amending legislation— Local Government Legislation Amendment Act 1994 No. 1 pts 1, 3 date of assent 24 February 1994 commenced on date of assent Statute Law (Miscellaneous Provisions) Act 1994 No. 15 ss 1–3 sch 2 date of assent 10 May 1994 ss 1–2 commenced on date of assent sch 2 amdts 4–8 commenced 26 March 1994 (see s 3 sch 2) remaining provisions commenced on date of assent Transport Infrastructure Amendment Act (No. 2) 1994 No. 49 ss 1–2, 6 sch 2 date of assent 14 September 1994 ss 1–2 commenced on date of assent remaining provisions commenced 18 November 1994 (1994 SL No. 399) Building Units and Group Titles Act 1994 No. 69 ss 1–2, 229 sch 2 date of assent 1 December 1994 ss 1–2 commenced on date of assent never proclaimed into force and rep 1995 No. 58 s 5(1) sch 7 Fire Service Legislation Amendment Act 1994 No. 71 pts 1, 3 date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 26 March 1994 (see s 2) Local Government Amendment Act 1994 No. 77 date of assent 1 December 1994 ss 1–2, 3 sch 2 commenced on date of assent (see s 2) remaining provisions commenced 10 March 1995 (1995 SL No. 54)

786 Local Government Act 1993 Land Act 1994 No. 81 ss 1–2, 527 sch 5 (this Act is amended, see amending legislation below) date of assent 1 December 1994 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1995 (1995 SL No. 185) amending legislation— Statute Law Revision Act 1995 No. 57 s 4 sch 1 (amends 1994 No. 81 above) date of assent 28 November 1995 s 4 sch 1 amdts 21 and 22 commenced 1 July 1995 (see s 2(1) sch 1) remaining provisions commenced on date of assent Local Government Legislation Amendment Act 1995 No. 11 pts 1, 4 date of assent 5 April 1995 ss 1–2, 8–9, 11, 13, 15 commenced on date of assent remaining provisions commenced 1 July 1995 (see s 2) Transport Infrastructure Amendment (Rail) Act 1995 No. 32 pt 1, s 23 sch date of assent 14 June 1995 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1995 (see s 2(2) and 1995 SL No. 162 ss 2(3), 19) Local Government Amendment Act 1995 No. 39 date of assent 15 September 1995 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Local Government Amendment Act 1996 No. 6 date of assent 9 May 1996 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) WorkCover Queensland Act 1996 No. 75 ss 1–2, 535 sch 2 date of assent 12 December 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 1997 (1996 SL No. 442) Local Government Legislation Amendment Act 1996 No. 81 pts 1, 3 s 15 sch date of assent 16 December 1996 commenced on date of assent

787 Local Government Act 1993 Miscellaneous Acts (Non-bank Financial Institutions) Amendment Act 1997 No. 17 ss 1–2, 74 sch date of assent 15 May 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1997 (1997 SL No. 163) Local Government Legislation Amendment Act 1997 No. 23 pts 1, 3, s 13 sch (this Act is amended, see amending legislation below) date of assent 22 May 1997 ss 5(1), 17(1), 39 (so far as it inserts chs 7B–7C), 40–50, 53 (so far as it inserts orig s 793C), 54 (so far as it inserts ss 803G–803N and 803P) commenced 24 October 1997 (see s 2 and 1997 SL No. 358) remaining provisions commenced on date of assent amending legislation— Local Government Legislation Amendment Act (No. 2) 1997 No. 42 pts 1–2, s 19 sch (amends 1997 No. 23 above) date of assent 25 August 1997 commenced on date of assent Body Corporate and Community Management Act 1997 No. 28 ss 1–2, 295 sch 3 date of assent 22 May 1997 ss 1–2 commenced on date of assent remaining provisions commenced 13 July 1997 (1997 SL No. 210) Local Government Legislation Amendment Act (No. 2) 1997 No. 42 pts 1–2, s 19 sch date of assent 25 August 1997 commenced on date of assent Integrated Planning Act 1997 No. 69 ss 1.1.1–1.1.2, 6.3.1 sch 9 (this Act is amended, see amending legislation below) date of assent 1 December 1997 ss 1.1.1–1.1.2 commenced on date of assent remaining provisions commenced 30 March 1998 (1998 SL No. 56) amending legislation— Building and Integrated Planning Amendment Act 1998 No. 13 ss 1, 2(3), 179 (amends 1997 No. 69 above) date of assent 23 March 1998 ss 1–2 commenced on date of assent remaining provisions commenced 30 March 1998 (1998 SL No. 56) Local Government Legislation Amendment Act (No. 3) 1997 No. 76 pts 1, 3 s 8 sch date of assent 1 December 1997 commenced on date of assent Natural Resources and Other Legislation Amendment Act 1997 No. 78 ss 1, 2(2), pt 8 date of assent 5 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 1998 (1997 SL No. 479)

788 Local Government Act 1993 Building and Integrated Planning Amendment Act 1998 No. 13 ss 1, 2(3), 191 sch (this Act is amended, see amending legislation below) date of assent 23 March 1998 ss 1–2 commenced on date of assent remaining provisions commenced 30 March 1998 (1998 SL No. 55) amending legislation— Integrated Planning and Other Legislation Amendment Act 1998 No. 31 ss 1, 2(5), 67–68 (amends 1998 No. 13 above) date of assent 3 September 1998 1–2 commenced on date of assent remaining provisions commenced 12 October 1998 (1998 SL No. 270) Government Owned Corporations and Other Legislation Amendment Act 1998 No. 21 ss 1, 2(3) pt 3 date of assent 1 May 1998 ss 1–2 commenced on date of assent remaining provisions commenced 20 July 1998 (1998 SL No. 200) Integrated Planning and Other Legislation Amendment Act 1998 No. 31 ss 1, 2(5) pt 7 date of assent 3 September 1998 ss 1–2 commenced on date of assent remaining provisions commenced 12 October 1998 (1998 SL No. 270) Integrated Planning and Other Legislation Amendment Act 1999 No. 11 ss 1, 2(2) pt 3 date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions commenced 30 March 1999 (see s 2(2)) Statute Law (Miscellaneous Provisions) Act 1999 No. 19 ss 1–3 sch date of assent 30 April 1999 commenced on date of assent Financial Administration Legislation Amendment Act 1999 No. 29 ss 1–2, 50 sch date of assent 16 June 1999 ss 1–2, 50 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 122 and see 1999 SL No. 119, 1999 SL No. 70 s 2(3)) Local Government and Other Legislation Amendment Act 1999 No. 30 ss 1–2, pt 6, s 35 sch 2 (this Act is amended, see amending legislation below) date of assent 16 June 1999 pt 6, div 4, sch 2 pt 2 commenced 1 January 2000 (see s 2(2)) s 81 commenced 1 July 1999 (see s 2(1)) s 82 commenced 1 July 2000 (see s 2(3)) remaining provisions commenced on date of assent (see s 2(4)) amending legislation—

789 Local Government Act 1993 Local Government and Other Legislation Amendment Act (No. 2) 1999 No. 59 ss 1, 2(7) s 60 sch (amends 1999 No. 30 above) date of assent 29 November 1999 commenced on date of assent Industrial Relations Act 1999 No. 33 ss 1, 2(2), 747 sch 3 date of assent 18 June 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 1999 (1999 SL No. 159) Road Transport Reform Act 1999 No. 42 ss 1–2(1), 54(3), sch pt 3 date of assent 2 September 1999 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1999 (see s 2(1)) Local Government and Other Legislation Amendment Act (No. 2) 1999 No. 59 ss 1, 2(1), (3), (5), (7) pt 2 s 60 sch date of assent 29 November 1999 ss 3, 14 commenced 16 June 1999 (see s 2(1)) s 4 commenced 25 March 2000 (see s 2(3)) s 12 commenced 1 June 2000 (see s 2(5)) remaining provisions commenced on date of assent State Penalties Enforcement Act 1999 No. 70 ss 1–2, 166 sch 1 date of assent 6 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 27 November 2000 (2000 SL No. 274) Vegetation Management Act 1999 No. 90 ss 1–2 pt 9 (this Act is amended, see amending legislation below) date of assent 21 December 1999 ss 1–2 commenced on date of assent remaining provisions commenced 15 September 2000 (2000 SL No. 242) amending legislation— Vegetation Management Amendment Act 2000 No. 35 ss 1, 24 (amends 1999 No. 90 above) date of assent 13 September 2000 commenced on date of assent Land Court Act 2000 No. 1 ss 1–2, 86 sch 1 date of assent 8 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (2000 SL No. 165) Local Government and Other Legislation Amendment Act 2000 No. 4 ss 1, 2(5) pt 2 s 94 sch date of assent 16 March 2000 commenced on date of assent (see s 2(5))

790 Local Government Act 1993 Police Powers and Responsibilities Act 2000 No. 5 ss 1–2, 461 (prev s 373) sch 3 date of assent 23 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(1), (3) and 2000 SL No. 174) GST and Related Matters Act 2000 No. 20 ss 1, 2(4), 29 sch 3 date of assent 23 June 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(4)) Primary Industries and Natural Resources Legislation Amendment Act 2000 No. 26 ss 1, 12 sch 1 date of assent 27 June 2000 commenced on date of assent Water Act 2000 No. 34 ss 1–2, 1144 sch 2 date of assent 13 September 2000 ss 1–2 commenced on date of assent sch 2 amdt 1 commenced 1 October 2000 (2000 SL No. 257) sch 2 amdt 2 commenced 1 July 2000 (see s 2(1)(b)) remaining provisions commenced 19 April 2002 (2002 SL No. 69) Electoral and Other Acts Amendment Act 2001 No. 25 pts 1, 3 date of assent 25 May 2001 commenced on date of assent Local Government and Other Legislation Amendment Act 2001 No. 29 ss 1, 2(2)–(3), pt 2 sch date of assent 25 May 2001 ss 5, 10 commenced 30 June 2001 (see s 2(2)) s 9 commenced 18 June 2001 (2001 SL No. 74) remaining provisions commenced on date of assent Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) Crime and Misconduct Act 2001 No. 69 ss 1–2, 378 sch 1 date of assent 8 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 221) Duties Act 2001 No. 71 ss 1–2(1), 551 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2002 (2002 SL No. 10)

791 Local Government Act 1993 Ombudsman Act 2001 No. 73 ss 1–2, 96 sch 1 date of assent 13 November 2001 ss 1–2 commenced on date of assent remaining provisions commenced 3 December 2001 (2001 SL No. 224) Constitution of Queensland 2001 No. 80 ss 1–2, 94 sch 2 date of assent 3 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 6 June 2002 (see s 2) Parliament of Queensland Act 2001 No. 81 ss 1–2, ch 9 pt 9 date of assent 3 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 6 June 2002 (see s 2) Natural Resources and Other Legislation Amendment Act 2001 No. 92 ss 1, 2(2), pt 6 date of assent 10 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 February 2002 (2002 SL No. 4) Coastal Protection and Management and Other Legislation Amendment Act 2001 No. 93 pts 1, 4 date of assent 10 December 2001 ss 1–2 commenced on date of assent remaining provisions commenced 20 October 2003 (2003 SL No. 202) Local Government and Other Legislation Amendment Act (No. 2) 2001 No. 98 pts 1–2 date of assent 19 December 2001 ss 1–2 commenced on date of assent ss 4–8, 13, 16–18 commenced 1 June 2002 (2002 SL No. 5) s 19 commenced 1 February 2002 (2002 SL No. 5) remaining provisions commenced on date of assent Building and Other Legislation Amendment Act 2002 No. 7 pts 1, 4 date of assent 19 April 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (2002 SL No. 171) Electoral and Other Acts Amendment Act 2002 No. 8 pts 1, 6 date of assent 19 April 2002 ss 1–2 commenced on date of assent s 58 commenced 6 June 2002 (see s 2(1)) remaining provisions commenced 6 June 2002 (2002 SL No. 119) State Housing and Other Acts Amendment Act 2002 No. 20 ss 1–2(1), pt 3 date of assent 17 May 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2002 (see s 2(1)) Justice and Other Legislation (Miscellaneous Provisions) Act 2002 No. 34 ss 1, 74 sch 6 date of assent 16 August 2002 commenced on date of assent

792 Local Government Act 1993 Local Government Amendment Act 2002 No. 37 date of assent 29 August 2002 commenced on date of assent Criminal Proceeds Confiscation Act 2002 No. 68 ss 1–2(1), 339 sch 4 date of assent 29 November 2002 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2003 (see s 2(1)) Plumbing and Drainage Act 2002 No. 77 ss 1–2, pt 14 date of assent 13 December 2002 ss 1–2 commenced on date of assent pt 14 divs 1–2 commenced 1 November 2003 (2003 SL No. 264) remaining provisions commenced 14 November 2003 (2003 SL No. 272) Local Government Legislation Amendment Act 2003 No. 2 s 1, pt 4, s 22(2) sch date of assent 4 March 2003 commenced on date of assent Housing Act 2003 No. 52 ss 1–2, 153 sch 2 date of assent 15 September 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2004 (2003 SL No. 332) Transport Infrastructure Act 1994 No. 8 s 491(3) sch 5 (this Act is amended, see amending legislation below) amending legislation— Transport Infrastructure and Another Act Amendment Act 2003 No. 54 ss 1–2, 34, 39 (amends 1994 No. 8 above) date of assent 18 September 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2003 (2003 SL No. 294) Integrated Planning and Other Legislation Amendment Act 2003 No. 64 ss 1, 2(3)(d), (4), pt 7 date of assent 16 October 2003 ss 1–2, 126–128 commenced on date of assent (see s 2(3)(d)) remaining provisions commenced 14 November 2003 (2003 SL No. 271) Manufactured Homes (Residential Parks) Act 2003 No. 74 ss 1–2, 155 sch 1 date of assent 22 October 2003 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2004 (2003 SL No. 336) Local Government and Other Legislation Amendment Act 2003 No. 85 pts 1, 4, s 28 sch date of assent 6 November 2003 ss 1–2 commenced on date of assent s 17 commenced 29 March 2004 (2004 SL No. 23) remaining provisions commenced on date of assent

793 Local Government Act 1993 Vegetation Management and Other Legislation Amendment Act 2004 No. 1 ss 1–2, 44(1) sch 1 date of assent 29 April 2004 ss 1–2 commenced on date of assent remaining provisions commenced 21 May 2004 (2004 SL No. 62) Integrated Planning and Other Legislation Amendment Act 2004 No. 20 pts 1, 4 date of assent 3 September 2004 ss 1–2 commenced on date of assent remaining provisions commenced 5 October 2004 (2004 SL No. 192) Petroleum and Gas (Production and Safety) Act 2004 No. 25 ss 1, 2(2), 1007–1008 (prev ss 947–948) date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 31 December 2004 (2004 SL No. 308) Partnership and Other Acts Amendment Act 2004 No. 29 ss 1, 2(2), 62–63 date of assent 12 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 22 November 2004 (2004 SL No. 250) Local Government (Community Government Areas) Act 2004 No. 37 ss 1–2, 86 sch 1 date of assent 27 October 2004 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2005 (2004 SL No. 266) Statute Law (Miscellaneous Provisions) Act 2004 No. 53 date of assent 29 November 2004 commenced on date of assent Local Government Legislation Amendment Act 2005 No. 26 pts 1, 3 date of assent 31 May 2005 commenced on date of assent Housing and Other Acts Amendment Act 2005 No. 33 ss 1, 2(2), pt 4 date of assent 18 August 2005 ss 1–2, 18 commenced on date of assent remaining provisions commenced 1 January 2004 (see s 2(2)) Plumbing and Drainage and Other Legislation Amendment Act 2005 No. 39 pts 1, 3 date of assent 1 September 2005 ss 1–2 commenced on date of assent remaining provisions commenced 1 March 2006 (see s 2) Local Government and Other Legislation Amendment Act 2005 No. 54 s 1, pt 4, s 13(2) sch date of assent 18 November 2005 commenced on date of assent Natural Resources and Other Legislation Amendment Act 2005 No. 68 pts 1, 6 date of assent 8 December 2005 ss 1–2 commenced on date of assent remaining provisions commenced 6 February 2006 (2006 SL No. 6)

794 Local Government Act 1993 Building Act 1975 No. 11 s 283(3)(c) (prev s 69(3)(c)) (this Act is amended, see amending legislation below) amending legislation— Building and Other Legislation Amendment Act 2006 No. 36 ss 1–2, 69 (amends 1975 No. 11 above) date of assent 10 August 2006 ss 1–2 commenced on date of assent remaining provision commenced 1 September 2006 (2006 SL No. 226) Building and Other Legislation Amendment Act 2006 No. 36 pts 1, 3B, s 101 sch date of assent 10 August 2006 ss 95G and 101 sch commenced 1 September 2006 (2006 SL No. 226) remaining provisions commenced on date of assent (see s 2) Crime and Misconduct and Other Legislation Amendment Act 2006 No. 41 pts 1, 2C date of assent 11 August 2006 commenced on date of assent (see s 2) Wild Rivers and Other Legislation Amendment Act 2006 No. 59 ss 1, 85 sch date of assent 7 December 2006 commenced on date of assent Local Government and Other Legislation Amendment Act 2007 No. 21 pts 1–2 date of assent 26 April 2007 commenced on date of assent Local Government Reform Implementation Act 2007 No. 31 pts 1–2, s 2 sch date of assent 10 August 2007 commenced on date of assent Local Government Regulation 2005 SL No. 81 s 93 amending legislation— Local Government Amendment Regulation (No. 2) 2007 SL No. 219 ss 1–2, 4 (amends 2005 SL No. 81 above) notfd gaz 31 August 2007 pp 2326–7 commenced on date of notification Water and Other Legislation Amendment Act 2007 No. 57 s 1, pt 7 date of assent 16 November 2007 commenced on date of assent South East Queensland Water (Restructuring) Act 2007 No. 58 ss 1, 117 sch 2 date of assent 16 November 2007 commenced on date of assent Local Government and Other Legislation (Indigenous Regional Councils) Amendment Act 2007 No. 59 pts 1, 11 date of assent 22 November 2007 ss 1–2 commenced on date of assent ss 93, 95–97, 108–109, 113–114, 120, 122–125 commenced 15 March 2008 (2007 SL No. 336) remaining provisions commenced on date of assent

795 Local Government Act 1993 Local Government Amendment Act 2007 No. 60 date of assent 22 November 2007 commenced on date of assent Local Government and Industrial Relations Amendment Act 2008 No. 5 ss 1, 2(2), pt 3 date of assent 6 March 2008 ss 1–2 commenced on date of assent remaining provisions commenced 13 March 2008 (see s 2(2)) Building and Other Legislation Amendment Act 2008 No. 13 pts 1, 4, s 20 sch date of assent 23 April 2008 commenced on date of assent Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and Other Acts Amendment Act 2008 No. 30 ss 1–2(1), pt 5 date of assent 21 May 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2008 (see s 2(1)) Water Supply (Safety and Reliability) Act 2008 No. 34 ss 1, 2(2), 751 sch 2 date of assent 21 May 2008 ss 1–2, 751 commenced on date of assent remaining provisions commenced 1 July 2008 (2008 SL No. 202) Motor Racing Events (Townsville) Amendment Act 2008 No. 36 ss 1–1A, 8 sch date of assent 21 May 2008 ss 1–1A commenced on date of assent remaining provision commenced 20 June 2008 (2008 SL No. 166) Airport Assets (Restructuring and Disposal) Act 2008 No. 46 ss 1, 127–128 date of assent 12 September 2008 commenced on date of assent Residential Tenancies and Rooming Accommodation Act 2008 No. 73 ss 1–2, 554 sch 1 date of assent 11 December 2008 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 40) Animal Management (Cats and Dogs) Act 2008 No. 74 ss 1–2(1), ch 11 pt 2 date of assent 11 December 2008 ss 1–2, 227 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 July 2009 (see s 2(1)) Greenhouse Gas Storage Act 2009 No. 3 s 1, ch 9 pt 16 date of assent 23 February 2009 commenced on date of assent Financial Accountability Act 2009 No. 9 ss 1, 2(2), 136 sch 1 date of assent 28 May 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 80)

796 Local Government Act 1993 Right to Information Act 2009 No. 13 ss 1–2, 213 sch 5 date of assent 12 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2009 (2009 SL No. 132) Local Government Act 2009 No. 17 ss 1, 2(4), 331 sch 1 (this Act is amended, see amending legislation below) date of assent 12 June 2009 ss 1–2, sch 1 amdts 20–21 commenced on date of assent (see s 2(1)) remaining provisions commenced 1 July 2010 immediately before the repeal of the Local Government Act 1993 (2010 SL No. 122 and 2009 No. 17 ss 2(b), 288) amending legislation— City of Brisbane Act 2010 No. 23 ss 1–2(1)(a), 344(3)–(8) (amends 2009 No. 17 above) date of assent 17 June 2010 commenced on date of assent (see s 2(1)(a)) Queensland Civil and Administrative Tribunal (Jurisdiction Provisions) Amendment Act 2009 No. 24 ss 1–2, ch 8 pt 3 (this is Act amended, see amending legislation below) date of assent 26 June 2009 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 2009 (2009 SL No. 252) amending legislation— State Penalties Enforcement and Other Legislation Amendment Act 2009 No. 48 ss 1, 105 (amends 2009 No. 24 above) date of assent 19 November 2009 commenced on date of assent Criminal Code and Other Legislation (Misconduct, Breaches of Discipline and Public Sector Ethics) Amendment Act 2009 No. 25 pt 1, s 83 sch date of assent 11 August 2009 ss 1–2 commenced on date of assent remaining provisions commenced 2 November 2009 (2009 SL No. 241) Sustainable Planning Act 2009 No. 36 ss 1–2, 872 sch 2 date of assent 22 September 2009 ss 1–2 commenced on date of assent remaining provisions commenced 18 December 2009 (2009 SL No. 281) Transport (Rail Safety) Act 2010 No. 6 ss 1–2, 357 sch 1 date of assent 4 March 2010 ss 1–2 commenced on date of assent remaining provisions not yet proclaimed into force (see s 2)

797 Local Government Act 1993 7 List of annotations This reprint has been renumbered—see schedule of renumbering in endnote 9. CHAPTER 1—PRELIMINARY PART 1—INTRODUCTION Commencement s 2 prev s 2 amd 1994 No. 1 s 6 om R3 (see RA s 37) PART 3—INTERPRETATION Definitions s 3 amd 2001 No. 98 s 4(1); 2005 No. 54 s 13(2) sch Note—s 3 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). Meaning of “owner” of land s 4 amd 1994 No. 81 s 527 sch 5; 1995 No. 57 s 4 sch 1; 1996 No. 81 s 15 sch; 2000 No. 26 s 12 sch 1; 2002 No. 20 s 11; 2004 No. 25 s 1008; 2005 No. 33 s 15 (retro); 2008 No. 13 s 20 sch; 2009 No. 3 s 508 Meaning of “conclusion” of local government election s 5 amd 1996 No. 81 s 17; 1999 No. 59 s 60 sch; 2009 No. 17 s 331 sch 1 amdts 1AA–1AB (amd 2010 No. 23 s 344(4)) reloc (as 2009 No. 17 sch 2 s 5) 2009 No. 17 s 331 sch 1 amdt 1 Meaning of “material personal interest” s 6 amd 1997 No. 23 ss 15, 13 sch; 1997 No. 42 s 19 sch; 2003 No. 2 s 22(2) sch Meaning of “open to inspection” s 7 amd 1996 No. 81 s 18; 1997 No. 23 s 16; 1997 No. 76 s 9; 2009 No. 17 s 331 sch 1 amdt 2 reloc (as 2009 No. 17 sch 2 s 7) 2009 No. 17 s 331 sch 1 amdt 3 Documents open to inspection not to contain information about protected persons s 8 ins 1997 No. 78 s 91 PART 4—APPLICATION OF ACT TO BRISBANE CITY COUNCIL Act applies only so far as expressly provided s 9 amd 1996 No. 81 s 19; 1997 No. 23 s 17; 1997 No. 76 s 10; 1999 No. 30 s 35 sch 2 pt 1; 2000 No. 4 s 94 sch; 2001 No. 98 s 5; 2002 No. 20 s 12; 2003 No. 2 s 22(2) sch; 2003 No. 85 s 12; 2005 No. 26 s 10; 2007 No. 21 s 3; 2008 No. 74 s 225 How local government Acts apply to Brisbane City Council s 10 amd 1996 No. 81 s 20; 1997 No. 23 s 18; 1999 No. 59 s 60 sch; 2003 No. 2 s 23 PART 5—APPLICATION OF ACT TO JOINT LOCAL GOVERNMENTS Act applies except so far as application displaced s 11 amd 1996 No. 81 s 15 sch; 1999 No. 30 s 35 sch 2 pt 1

798 Local Government Act 1993 PART 6—APPLICATION OF ACT TO TORRES STRAIT ISLANDER LOCAL GOVERNMENTS pt hdg amd 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 93 Act applies only so far as expressly provided s 13 amd 1999 No. 30 s 35 sch 2 pt 1; 2001 No. 98 s 6; 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 93 How Act applies to Torres Strait Islander local governments prov hdg amd 2004 No. 37 s 86 sch 1 s 14 amd 2001 No. 98 s 7; 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 93 CHAPTER 2—THE LOCAL GOVERNMENT SYSTEM PART 1—LOCAL GOVERNMENTS Division 1—Local government areas Declaration of classes of local government areas s 18 amd 2007 No. 21 s 4; 2007 No. 31 s 3; 2007 No. 59 s 94 Division 3—Jurisdiction of local governments Local laws and policies apply to additional territorial units only if expressly applied s 29 amd 1999 No. 30 s 35 sch 2 pt 2 Inconsistency with State law s 31 amd 1996 No. 54 s 9 sch; 2001 No. 98 s 8; 2008 No. 74 s 226 Division 4—Number of councillors div hdg sub 2008 No. 5 s 8 Number of councillors s 32 sub 2008 No. 5 s 8 Local government name s 33 (prev s 34) amd 2007 No. 31 s 4 om 2008 No. 5 s 8 renum 2008 No. 5 s 9 Constitution s 34 ins 2008 No. 5 s 10 Proceedings s 35 sub 2008 No. 5 s 10 General powers s 36 amd 2003 No. 2 s 24; 2008 No. 5 s 11 Execution of documents by local governments s 38 sub 2008 No. 5 s 12 Liability does not attach to councillors etc. acting honestly s 38A ins 2008 No. 5 s 12

799 Local Government Act 1993 PART 2—JOINT LOCAL GOVERNMENTS Application of part to Torres Strait Islander local governments prov hdg amd 2004 No. 37 s 86 sch 1 s 40 amd 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 95 Division 4—Establishment and operation of joint local governments div hdg sub 1999 No. 59 s 60 sch Regulations about establishment and operation of joint local governments s 44 prov hdg sub 1999 No. 59 s 60 sch Constitution s 49 sub 2008 No. 5 s 13 Proceedings s 49A ins 2008 No. 5 s 13 General powers s 50 amd 2003 No. 2 s 25; 2008 No. 5 s 14 Execution of documents by joint local governments s 53 sub 2008 No. 5 s 15 Liability does not attach to members acting honestly s 53A ins 2008 No. 5 s 15 PART 3—JOINT ACTION BY LOCAL GOVERNMENTS Application of part to Torres Strait Islander local governments prov hdg amd 2004 No. 37 s 86 sch 1 s 56 amd 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 96 CHAPTER 2A—TOWNSVILLE-THURINGOWA WATER SUPPLY JOINT BOARD ch hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 PART 1—PRELIMINARY pt hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Definitions for ch 2A s 60A ins 2001 No. 29 s 5 om 2007 No. 59 s 97 PART 2—ESTABLISHMENT, JURISDICTION AND POWERS pt hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Division 1—Establishment of joint board div hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97

800 Local Government Act 1993 Establishment s 60B ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Legal status s 60C ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Joint board’s seal s 60D ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Division 2—Jurisdiction and powers of joint board div hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Jurisdiction of joint board s 60E ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Powers of joint board s 60F ins 2001 No. 29 s 5 amd 2003 No. 2 s 26 om 2007 No. 59 s 97 PART 3—MEMBERSHIP pt hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Division 1—Composition of joint board div hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Composition s 60G ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Division 2—Provisions about chairperson div hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Appointment s 60H ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Duration of appointment s 60I ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Casual vacancies s 60J ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Vacation of office s 60K ins 2001 No. 29 s 5 om 2007 No. 59 s 97

801 Local Government Act 1993 Resignation s 60L ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Division 3—Provisions about other members div hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Appointment s 60M ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Delegate members s 60N ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Casual vacancies s 60O ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Division 4—Duties of joint members div hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Overriding duty of joint board member s 60P ins 2001 No. 29 s 5 om 2007 No. 59 s 97 PART 4—PROCEEDINGS pt hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Presiding at meetings in absence of chairperson s 60Q ins 2001 No. 29 s 5 om 2007 No. 59 s 97 PART 5—APPLICATION OF ACT TO JOINT BOARD pt hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Provisions of Act applying to joint board s 60R ins 2001 No. 29 s 5 amd 2003 No. 2 s 22(2) sch; 2004 No. 53 s 2 sch om 2007 No. 59 s 97 How applied provisions apply to the joint board s 60S ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Application of ch 8, pt 6 and ch 10 s 60T ins 2001 No. 29 s 5 amd 2005 No. 54 s 13(2) sch om 2007 No. 59 s 97

802 Local Government Act 1993 PART 6—MISCELLANEOUS pt hdg ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Site of public office s 60U ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Contribution by local governments s 60V ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Disbursement from operating fund of joint board for purposes other than its jurisdiction s 60W ins 2001 No. 29 s 5 sub 2001 No. 98 s 9 om 2007 No. 59 s 97 Application of certain Acts s 60X ins 2001 No. 29 s 5 amd 2001 No. 69 s 378 sch 1; 2001 No. 73 s 96 sch 1 om 2007 No. 59 s 97 No power to make or levy rate s 60Y ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Concurrent employment of local government employees s 60Z ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Inconsistency between local laws s 60ZA ins 2001 No. 29 s 5 om 2007 No. 59 s 97 Dissolution of Townsville or Thuringowa City Council s 60ZB ins 2001 No. 29 s 5 amd 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 97 CHAPTER 3—INTERACTION WITH THE STATE PART 1—REVIEWABLE LOCAL GOVERNMENT MATTERS pt hdg sub 1996 No. 81 s 15 sch Division 1—Preliminary Definitions for pt 1 s 62 sub 1996 No. 81 s 21 Meaning of “owner” of land for pt 1 s 63 sub 1996 No. 81 s 22 amd 2000 No. 26 s 12 sch 1; 2003 No. 85 s 13 Meaning of “reviewable local government matter” s 64 amd 1996 No. 81 s 23

803 Local Government Act 1993 Meaning of “limited reviewable local government matter” s 65 sub 1996 No. 81 s 24 Division 2—Local Government Electoral and Boundaries Review Commissions div hdg sub 1996 No. 81 s 25 Subdivision 1—Establishment, constitution and functions of commissions sdiv hdg sub 1996 No. 81 s 25 Establishment s 66 sub 1996 No. 81 s 25 Constitution s 67 ins 1996 No. 81 s 25 Functions s 68 ins 1996 No. 81 s 25 Subdivision 2—Business and meetings of commissions sdiv hdg sub 1996 No. 81 s 25 Conduct of business s 69 sub 1996 No. 81 s 25 Times and places of meetings s 70 ins 1996 No. 81 s 25 Quorum at meetings s 71 ins 1996 No. 81 s 25 Presiding member s 72 ins 1996 No. 81 s 25 Voting at meetings s 73 ins 1996 No. 81 s 25 Disclosure of interests by members of expanded commission s 74 ins 1996 No. 81 s 25 Additional provisions for disclosure of interests by commissioner and deputy commissioner s 75 ins 1996 No. 81 s 25 Subdivision 3—Miscellaneous sdiv hdg sub 1996 No. 81 s 25 Resignation and removal s 76 sub 1996 No. 81 s 25 Division 3—References of, and applications for, reviewable local government matters div hdg sub 1996 No. 81 s 25 Subdivision 1—References to commissioner by Minister sdiv hdg sub 1996 No. 81 s 25 Minister may refer certain reviewable local government matters to commissioner s 77 sub 1996 No. 81 s 25

804 Local Government Act 1993 References of reviewable local government matters to be tabled etc. s 78 ins 1996 No. 81 s 25 Request by commissioner for reference s 79 ins 1996 No. 81 s 25 Subdivision 2—Applications to commissioner by local governments sdiv hdg sub 1996 No. 81 s 25 Limited reviewable local government matters s 80 sub 1996 No. 81 s 25 Division 4—Procedures for major and minor references of reviewable local government matters div hdg ins 1996 No. 81 s 25 Subdivision 1—Preliminary sdiv hdg ins 1996 No. 81 s 25 References of reviewable local government matters s 81 sub 1996 No. 81 s 25 Appointment of additional review commissioners s 82 ins 1996 No. 81 s 25 Commissions may declare major references s 83 ins 1996 No. 81 s 25 Commissions must have regard to prescribed issues s 84 ins 1996 No. 81 s 25 Restrictions on determinations for City of Brisbane s 85 ins 1996 No. 81 s 25 Subdivision 2—Major references of reviewable local government matters sdiv hdg ins 1996 No. 81 s 25 Application of subdivision s 86 sub 1996 No. 81 s 25 Commission may make inquiries s 87 ins 1996 No. 81 s 25 Preliminary procedures for certain references s 88 ins 1996 No. 81 s 25 Determination not to implement matter s 89 ins 1996 No. 81 s 25 Public notice of proposed determination to implement matter s 90 ins 1996 No. 81 s 25 amd 1997 No. 42 s 4; 1999 No. 30 s 88; 1999 No. 59 s 60 sch Commission to consider submissions s 91 ins 1996 No. 81 s 25 Holding of referendum s 92 ins 1996 No. 81 s 25

805 Local Government Act 1993 Making final determination and preparation of report s 93 ins 1996 No. 81 s 25 amd 1997 No. 42 s 5; 1999 No. 59 s 60 sch Notification of determination and report to Minister s 94 ins 1996 No. 81 s 25 amd 1997 No. 42 s 6 Implementation of matter on commission’s report s 95 ins 1996 No. 81 s 25 amd 1997 No. 42 s 7; 1999 No. 59 s 60 sch Implementation of matter at request of Legislative Assembly s 96 ins 1996 No. 81 s 25 amd 1999 No. 59 s 60 sch Subdivision 3—Minor references of reviewable local government matters sdiv hdg ins 1996 No. 81 s 25 Application of subdivision s 97 sub 1996 No. 81 s 25 Commission may make inquiries s 98 ins 1996 No. 81 s 25 Determination not to implement matter s 99 ins 1996 No. 81 s 25 Notice of proposed determination to implement matter and recommendations s 100 ins 1996 No. 81 s 25 amd 1997 No. 42 s 8; 1999 No. 30 s 89; 1999 No. 59 s 60 sch Commission to consider submissions s 101 ins 1996 No. 81 s 25 Making final determination and preparation of report s 102 ins 1996 No. 81 s 25 amd 1997 No. 42 s 9; 1999 No. 59 s 60 sch Notification of determination and report to Minister s 103 ins 1996 No. 81 s 25 amd 1997 No. 42 s 10 Implementation of matter s 104 ins 1996 No. 81 s 25 amd 1997 No. 42 s 11; 1999 No. 59 s 60 sch Division 5—Limited reviewable local government matters div hdg ins 1996 No. 81 s 25 Application of division s 105 sub 1996 No. 81 s 25 Commission may make inquiries s 106 sub 1996 No. 81 s 25

806 Local Government Act 1993 Commission must have regard to prescribed issues s 107 sub 1996 No. 81 s 25 Restriction on determination to implement matter s 108 sub 1996 No. 81 s 25 amd 1997 No. 23 s 13 sch; 1997 No. 42 s 12 Action after determination to implement matter s 109 sub 1996 No. 81 s 25 Action after determination not to implement matter s 110 ins 1996 No. 81 s 25 Implementation of matter s 111 sub 1996 No. 81 s 25 amd 1999 No. 59 s 60 sch Division 6—Inquiries by expanded commissions div hdg sub 1996 No. 81 s 15 sch Subdivision 1—General Expanded commission may decide to hold inquiry for certain matters s 112 sub 1996 No. 81 s 26 Notice of decision to hold inquiry s 113 amd 1996 No. 81 s 15 sch Subdivision 2—Conduct of inquiries Presiding member s 114 sub 1996 No. 81 s 15 sch Commission’s duties on inquiry prov hdg amd 1996 No. 81 s 15 sch s 115 amd 1996 No. 81 s 15 sch Commission may decide procedures prov hdg amd 1996 No. 81 s 15 sch s 116 amd 1996 No. 81 s 15 sch Public may attend s 117 amd 1996 No. 81 s 15 sch Commission’s powers on inquiry prov hdg amd 1996 No. 81 s 15 sch s 118 amd 1996 No. 81 s 15 sch Notice to witness s 119 amd 1996 No. 81 s 15 sch Duty of witness at inquiry s 120 amd 1996 No. 81 s 15 sch; 1999 No. 30 s 97 Contempt prov hdg sub 1996 No. 81 s 15 sch s 121 amd 1996 No. 81 s 15 sch

807 Local Government Act 1993 Change of commission members s 122 sub 1996 No. 81 s 15 sch Division 7—Referendums div hdg ins 1996 No. 81 s 27 Subdivision 1—Preliminary sdiv hdg ins 1996 No. 81 s 27 Application of div 7 s 123 sub 1996 No. 81 s 27 “Approving” or “opposing” referendum question s 124 ins 1996 No. 81 s 27 Subdivision 2—Holding referendums sdiv hdg ins 1996 No. 81 s 27 Wording of referendum question s 125 sub 1996 No. 81 s 27 Appointment and role of returning officers for referendum s 126 ins 1996 No. 81 s 27 Referendum day s 127 ins 1996 No. 81 s 27 Notice of referendum day and other information s 128 ins 1996 No. 81 s 27 Voters rolls s 129 ins 1996 No. 81 s 27 Voters roll to be open to inspection and purchase s 130 ins 1996 No. 81 s 27 Explanatory statement s 131 ins 1996 No. 81 s 27 Commission may request information from local government s 132 ins 1996 No. 81 s 27 Giving statements to affected electors and display of statements and proposed determination s 133 ins 1996 No. 81 s 27 Local government views on referendum s 134 ins 1996 No. 81 s 27 Compulsory voting s 135 ins 1996 No. 81 s 27 Conduct of referendum s 136 ins 1996 No. 81 s 27 amd 1999 No. 30 s 35 sch 2 pt 1, s 97 Subdivision 3—Replacement provisions sdiv hdg ins 1996 No. 81 s 27

808 Local Government Act 1993 Preliminary s 137 amd 1996 No. 37 s 147 sch 2 sub 1996 No. 81 s 27 amd 1999 No. 30 s 97 PART 2A—REINSTATEMENT OF CERTAIN AREAS pt hdg prev pt 2A hdg (incl in ch 3) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 1—Preliminary div 1 (ss 137A–137E) prev div 1 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 2—Specific information about affected areas and amalgamated areas and other important concepts div 2 (ss 137F–137L) prev div 2 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 3—Petition div 3 (ss 137M–137P ) prev div 3 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 4—Referendum div hdg prev div 4 hdg (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Subdivision 1—Preliminary sdiv 1 (s 137Q) prev sdiv 1 (incl in ch 3 pt 2A div 4) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Subdivision 2—Holding a referendum sdiv 2 (ss 137R–137ZM ) prev sdiv 2 (incl in ch 3 pt 2A div 4) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Subdivision 3—Alternative provisions sdiv 3 (ss 137ZN–137ZT) prev sdiv 3 (incl in ch 3 pt 2A div 4) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 5—Implementing referendum action for affected area div 5 (ss 137ZU–137ZZ) prev div 5 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 6—Implementing referendum action for amalgamated area div 6 (ss 137ZZA–137ZZB) prev div 6 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 7—Costs div 7 (ss 137ZZC–137ZZE) prev div 7 (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Division 8—Miscellaneous div hdg prev div 8 hdg (incl in ch 3 pt 2A) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI)

809 Local Government Act 1993 Proof of voters roll s 137ZZF prev s 137ZZF (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Additional regulation making power s 137ZZG prev s 137ZZG (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Regulatory impact statements s 137ZZH prev s 137ZZH (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3 exp 1 July 1997 (see s 137ZZI) Expiry and savings s 137ZZI prev s 137ZZI (incl in ch 3 pt 2A div 8) ins 1996 No. 6 s 3 sub 1997 No. 23 s 19 exp 1 July 1997 (see s 137ZZI) Direction that poll be conducted by postal ballot s 138 ins 1996 No. 81 s 27 Ballot papers s 139 ins 1996 No. 81 s 27 Mode of voting s 140 ins 1996 No. 81 s 27 Effect of ballot paper s 141 ins 1996 No. 81 s 27 amd 2002 No. 37 s 2 sch Scrutineers s 142 ins 1996 No. 81 s 27 Subdivision 4—Miscellaneous sdiv hdg ins 1996 No. 81 s 27 Referendum cost s 143 sub 1996 No. 81 s 27 Proof of voters roll s 144 ins 1996 No. 81 s 27 Division 8—Provisions about commission members div hdg sub 1996 No. 81 s 27 Subdivision 1—Commissioner and deputy commissioner sdiv hdg ins 1996 No. 81 s 27 Commissioner may direct deputy commissioner to perform commissioner’s functions s 145 sub 1996 No. 81 s 27 Subdivision 2—Appointment, and duration of appointment, of review commissioners sdiv hdg ins 1996 No. 81 s 27 Appointment s 146 sub 1996 No. 81 s 27

810 Local Government Act 1993 Duration of appointment s 147 ins 1996 No. 81 s 27 Subdivision 3—Terms of appointment, resignation and termination of appointment of certain commission members sdiv hdg ins 1996 No. 81 s 27 Definition for sdiv 3 s 148 sub 1996 No. 81 s 27 Terms of appointment s 149 sub 1996 No. 81 s 27 Resignation s 150 sub 1996 No. 81 s 27 Termination of appointment s 151 sub 1996 No. 81 s 27 Division 9—Miscellaneous div hdg sub 1996 No. 81 s 27 Staff and administrative support s 152 sub 1996 No. 81 s 27 Annual reports s 153 sub 1996 No. 81 s 27 Certain reports to be tabled etc. s 154 sub 1996 No. 81 s 27 Reports open to inspection and available for purchase s 155 sub 1996 No. 81 s 27 Additional procedures may be prescribed by regulation s 156 sub 1996 No. 81 s 27 Division 10—Implementing reviewable local government matters Implementation of reviewable local government matter s 157 amd 1995 No. 11 s 9; 1996 No. 81 s 15 sch; 1997 No. 42 s 13; 1999 No. 30 s 35 sch 2 pt 1, s 97; 1999 No. 59 s 60 sch; 2003 No. 85 s 28 sch Requirement before implementation s 158 amd 1996 No. 81 s 15 sch; 1999 No. 30 s 97 Liability for State taxes s 159 amd 1996 No. 81 s 15 sch; 2001 No. 71 s 551 sch 1 PART 1A—WHOLE OF QUEENSLAND LOCAL GOVERNMENT BOUNDARIES REFORM pt hdg ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Division 1—Preliminary div hdg ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y)

811 Local Government Act 1993 Application of pt 1A s 159A ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Objective of pt 1A s 159B ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Achieving objective of pt 1A s 159C ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Definitions for pt 1A s 159D ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Suspension of particular actions while part 1A processes operate s 159E ins 2007 No. 21 s 4A amd 2007 No. 31 s 2 sch exp at the end of 31 December 2008 (see s 159Y) Division 2—The Local Government Reform Commission div 2 (ss 159F–159R) ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Division 3—Review and recommendations div 3 (ss 159S–159W) ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) Division 4—Miscellaneous div 4 (ss 159X–159Y) ins 2007 No. 21 s 4A exp at the end of 31 December 2008 (see s 159Y) PART 1B—IMPLEMENTATION OF WHOLE OF QUEENSLAND LOCAL GOVERNMENT BOUNDARIES REFORM pt hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 1—Preliminary div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Application of pt 1B s 159YA ins 2007 No. 31 s 5 amd 2007 No. 59 s 98 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Objectives of pt 1B s 159YB ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA)

812 Local Government Act 1993 Operation of pt 1B in relation to pt 1 s 159YC ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Definitions for pt 1B s 159YD ins 2007 No. 31 s 5 amd 2007 No. 59 s 99 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Changeover day s 159YE ins 2007 No. 31 s 5 amd 2007 No. 59 s 100 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 2—Establishment of new local government areas and adjustments of local government areas div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 1—Preliminary sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Operation of sch 1A s 159YF ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 2—New local government areas sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Establishment of new local government areas (sch 1A, pt 1) s 159YG ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Operation of sch 1A, pt 1 s 159YH ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Particular entities go out of existence s 159YHA ins 2007 No. 59 s 101 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA)

813 Local Government Act 1993 Subdivision 3—Adjusted local government areas sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Transfer of transferring areas s 159YI ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Operation of sch 1A, pt 2 s 159YJ ins 2007 No. 31 s 5 amd 2007 No. 59 s 101A exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 4—Continuing local government areas sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Changes applying to continuing local government areas s 159YK ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Operation of sch 1A, pt 3 s 159YL ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 5—Regulations supporting divisions 2 to 4 sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Limit of division arrangements regulation s 159YM ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Regulation for declaring information about local governments s 159YN ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 6—Division boundaries for new, adjusted and continuing local government areas sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA)

814 Local Government Act 1993 Commissioner to decide division boundaries s 159YO ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Review of commissioner’s decision s 159YP ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 3—Implementation of reform matters div 3 (s 159YQ) ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Other transitional regulation-making power s 159YQA ins 2008 No. 5 s 16 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 4—Local transition committees div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 1—Local transition committees for new local governments sdiv hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Establishment and composition of local transition committees for new local governments s 159YR ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Guidelines for local transition committees s 159YS ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Responsibility to act in public interest s 159YT ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Functions of local transition committee s 159YU ins 2007 No. 31 s 5 amd 2008 No. 13 s 20 sch exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA)

815 Local Government Act 1993 First meeting of local transition committee and public notification s 159YV ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Appointment of interim chief executive officer for new local government s 159YW ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Employment subcommittee s 159YX ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Subdivision 2—Transferring area local transition committees sdiv2 (ss 159YY–159YZ) ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 5—Transition action plans div 5 (ss 159Z–159ZA) ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 6—Interim chief executive officers div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Functions of interim chief executive officer before changeover day s 159ZB ins 2007 No. 31 s 5 amd 2007 No. 59 s 102 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Responsibility of chief executive officer to help interim chief executive officer s 159ZC ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Functions of interim chief executive officer from changeover day s 159ZD ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 7—Employment matters div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA)

816 Local Government Act 1993 Definition for div 7 s 159ZE ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Application of div 7 s 159ZF ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Prohibition on retrenchment because of reform matter implementation s 159ZG ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Local government workforce transition code of practice s 159ZH ins 2007 No. 31 s 5 amd 2007 No. 59 s 103 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) When workforce transition code of practice takes effect s 159ZI ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 8—2008 quadrennial elections for all local government areas div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Quadrennial elections in 2008 to be held on 15 March instead of 29 March s 159ZJ ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Holding of 2008 quadrennial elections s 159ZK ins 2007 No. 31 s 5 amd 2007 No. 59 s 104 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Conduct of 2008 quadrennial elections by electoral commission s 159ZL ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Changed application of s 220 for Northern Peninsula Area and Torres Strait Island regional councils s 159ZM ins 2007 No. 31 s 5 amd 2007 No. 59 s 105 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA)

817 Local Government Act 1993 Other changes to ch 5 for type 1, 2 and 3 elections s 159ZN ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Changed references to particular matters s 159ZO ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 9—State intervention powers div 9 (ss 159ZP–159ZT) ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 10—Special arrangements for transition period div 10 (ss 159ZU–159ZX) ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Division 11—Miscellaneous div hdg ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Polls s 159ZY ins 2007 No. 31 s 5 exp 31 August 2007 (see 2005 SL No. 81 s 93) om 2007 No. 60 s 3 State Transition Committee s 159ZZ ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) Expiry of pt 1B s 159ZZA ins 2007 No. 31 s 5 exp at the end of 31 December 2011, or at an earlier time fixed under a regulation (see s 159ZZA) PART 1C—PARTICULAR PROVISIONS FOR IMPLEMENTATION OF REFORM MATTERS FOR INDIGENOUS REGIONAL COUNCILS pt hdg ins 2007 No. 59 s 106 Division 1—Preliminary div 1 (ss 159ZZB–159ZZC) ins 2007 No. 59 s 106 Division 2—Torres Strait Island Regional Council div 2 (ss 159ZZD–159ZZF) ins 2007 No. 59 s 106 Division 3—Northern Peninsula Area Regional Council div 3 (ss 159ZZG–159ZZH) ins 2007 No. 59 s 106 Division 4—Indigenous regional councils generally div hdg ins 2007 No. 59 s 106

818 Local Government Act 1993 Subdivision 1—Community forums sdiv 1 (ss 159ZZI–159ZZO) ins 2007 No. 59 s 106 Subdivision 2–Management of community deeds of grant in trust sdiv 2 (ss 159ZZP–159ZZZA) ins 2007 No. 59 s 106 Subdivision 3—Other matters Extended jurisdiction s 159ZZZB ins 2007 No. 59 s 106 Additional reasons for appointment of financial controller s 159ZZZC ins 2007 No. 59 s 106 Revocation or suspension of particular resolutions or orders s 159ZZZD ins 2007 No. 59 s 106 Councillor to chair community forum s 159ZZZE ins 2007 No. 59 s 106 Special accounting provision for particular payments s 159ZZZF ins 2007 No. 59 s 106 om 2008 No. 30 s 41 Power of indigenous regional council to make and levy charge on residents s 159ZZZG ins 2007 No. 59 s 106 Limited application of ch 14 s 159ZZZH ins 2007 No. 59 s 106 Disposal of land s 159ZZZI ins 2007 No. 59 s 106 PART 2—INTERVENTION BY THE STATE Division 1—Powers of intervention Procedures before exercise of certain powers s 160 amd 2007 No. 31 s 5A; 2007 No. 60 s 4 Overruling local laws and subordinate local laws etc. prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 163 amd 1999 No. 30 s 35 sch 2 pt 2 Dissolution of local government s 164 amd 2001 No. 80 s 94 sch 2; 2004 No. 37 s 86 sch 1; 2007 No. 31 s 5B; 2007 No. 60 s 5 amd 2008 No. 5 s 17 Exclusion of part of local government area from Act s 165 amd 1999 No. 30 s 35 sch 2 pt 2; 2009 No. 36 s 872 sch 2 Division 3—Conduct of inquiries Duty of witness at inquiry s 175 amd 1999 No. 30 s 97 Division 4—Administrators When administrator must be appointed s 178 amd 1999 No. 30 s 97 sub 2004 No. 37 s 86 sch 1

819 Local Government Act 1993 Decision by Minister on referral by administrator s 185 amd 1999 No. 30 s 97 Termination of administrator’s appointment s 187 amd 2004 No. 37 s 86 sch 1 Division 5—Financial controllers div hdg ins 2007 No. 21 s 5 Procedures before appointment of financial controller s 188A ins 2007 No. 21 s 5 Appointment of financial controller s 188B ins 2007 No. 21 s 5 amd 2007 No. 59 s 107 Functions of financial controller s 188C ins 2007 No. 21 s 5 Power of financial controller to advise chief executive about resolution or order s 188D ins 2007 No. 21 s 5 Countersigning cheques and authorising electronic funds transfers s 188E ins 2007 No. 21 s 5 Local government to cooperate with financial controller s 188F ins 2007 No. 21 s 5 Financial controller’s employment conditions s 188G ins 2007 No. 21 s 5 amd 2009 No. 25 s 83 sch Recovery of amounts from local government s 188H ins 2007 No. 21 s 5 PART 3—LOCAL GOVERNMENT GRANTS COMMISSION Division 1—Extended application of part Application of part to Torres Strait Islander local governments prov hdg amd 2004 No. 37 s 86 sch 1 s 190 amd 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 108 Division 2—Commission membership Local Government Grants Commission and its members s 191 amd 2001 No. 98 s 10; 2004 No. 37 s 86 sch 1; 2007 No. 59 s 109 Vacation of and removal from office s 193 amd 1999 No. 30 s 97; 2001 No. 98 s 11 Commission makes recommendations to Minister s 195 amd 2008 No. 13 s 20 sch Division 4—Recommendations, allocation and distribution Commission’s recommendations to Minister s 197 amd 1999 No. 30 s 97

820 Local Government Act 1993 Distribution of financial assistance amount s 200 amd 2000 No. 20 s 29 sch 3 Division 5—Inquiries by commission Subdivision 2—Conduct of inquiries Duty of witness at inquiry s 209 amd 1999 No. 30 s 97 Division 6—Commission proceedings Quorum at meetings s 213 amd 2001 No. 98 s 12 Division 7—Miscellaneous Assistance to the commission s 218 orig s 218 (incl in orig ch 5 pt 1) om 1995 No. 57 s 4 sch 1 CHAPTER 4—LOCAL GOVERNMENT COUNCILLORS PART 1—MEMBERSHIP OF LOCAL GOVERNMENTS Division 2—Qualifications and disqualifications General qualifications for membership s 220 amd 1995 No. 39 s 3; 1996 No. 81 s 28; 1999 No. 30 ss 90, 35 sch 2 pt 1; 1999 No. 59 s 60 sch General disqualifications s 221 amd 1994 No. 15 s 3 sch 2; 1996 No. 81 s 29; 2002 No. 8 s 58; 2003 No. 85 s 14 Disqualification and vacation of office for certain offences s 222 amd 1996 No. 81 s 29A; 1999 No. 30 s 35 sch 2 pt 1; 1999 No. 59 s 4; 2001 No. 98 s 13; 2003 No. 85 s 15; 2007 No. 21 s 6 Termination of membership of Legislative Assembly on becoming councillor s 224 om 2001 No. 81 s 144 Councillor ceases to be councillor on becoming candidate for the Legislative Assembly prov hdg amd 2003 No. 85 16(1) s 224A ins 2001 No. 29 s 6 amd 2003 No. 85 s 16(2) Councillor ceases to be councillor on becoming director of significant business entity s 225 ins 1997 No. 23 s 20 Termination of local government employment on becoming councillor s 226 amd 1997 No. 23 s 13 sch Division 2A—Councillors holding paid State appointment div 2A (ss 226A–226D) ins 2008 No. 5 s 17A Division 3—Term of office Duration of membership s 227 amd 1999 No. 30 s 97; 1999 No. 59 s 60 sch; 2004 No. 37 s 86 sch 1

821 Local Government Act 1993 PART 2—COUNCILLORS’ ROLES Division 1—Councillors’ roles generally Limitations on councillors’ roles s 230 amd 2007 No. 21 s 7 Division 2—Deputy mayor and acting mayor Deputy mayor of local government s 232 amd 1999 No. 59 s 60 sch Remuneration for councillors of local governments s 236A ins 2007 No. 31 s 6 amd 2008 No. 5 s 18 Reimbursement of expenses and provision of facilities for councillors of local governments s 236B ins 2007 No. 31 s 6 amd 2008 No. 5 s 19 Remuneration, reimbursement of expenses and provision of facilities for person serving on advisory committee prov hdg amd 2007 No. 31 s 7(1) sub 2008 No. 5 s 20(1) s 237 orig s 237 (incl in orig ch 5 pt 6 div 1) om 1996 No. 81 s 15 sch pres s 237 amd 1999 No. 59 s 60 sch; 2005 No. 26 s 11; 2007 No. 31 s 7(2)–(4); 2008 No. 5 s 20(2)–(3) PART 3—ENTITLEMENTS AND OBLIGATIONS Division 1—Entitlements of councillors and committee members Superannuation benefits for councillors s 238 sub 1995 No. 11 s 10 amd 2005 No. 26 s 12; 2008 No. 13 s 20 sch Councillors may make salary sacrifice arrangements s 238A ins 2005 No. 26 s 13 amd 2007 No. 31 s 8 Insurance of councillors s 239 amd 1996 No. 75 s 535 sch 2 Division 2—Obligations of councillors Requirements of councillors before acting in office s 242 sub 1996 No. 81 s 29B amd 1999 No. 30 s 91; 2005 No. 26 s 14; 2007 No. 21 s 8; 2007 No. 59 s 110 Compliance with code of conduct s 243A ins 2005 No. 26 s 15 amd 2005 No. 54 s 13(2) sch Removal of disability s 245 amd 1999 No. 30 s 97 Penalty for contravening exclusion from meeting s 246 amd 1999 No. 30 s 97

822 Local Government Act 1993 Recording of conflict of interest s 246A ins 2007 No. 21 s 9 Registers of interests s 247 orig s 247 (incl in orig ch 5 pt 6 div 3) om 1996 No. 81 s 41 pres s 247 amd 1994 No. 77 s 3 sch 2 Access to registers s 248 amd 2003 No. 85 s 17; 2007 No. 21 s 10 Improper use of information by councillors s 250 amd 2007 No. 21 s 11 Division 3—Local Government Remuneration Tribunal div hdg ins 2007 No. 31 s 9 Subdivision 1—Establishment, functions and membership sdiv 1 (ss 250AA–250AE) ins 2007 No. 31 s 9 Subdivision 2—Staffing arrangements and meetings sdiv 2 (ss 250AF–250AG) ins 2007 No. 31 s 9 Subdivision 3—Categorising local governments sdiv 3 (ss 250AH–250AJ) ins 2007 No. 31 s 9 Subdivision 4—Remuneration schedule sdiv hdg ins 2007 No. 31 s 9 Deciding remuneration s 250AK ins 2007 No. 31 s 9 amd 2007 No. 59 s 111 Discretion to vary remuneration in exceptional circumstances s 250AL ins 2007 No. 31 s 9 Subdivision 5—Inquiries conducted by remuneration tribunal sdiv hdg ins 2007 No. 31 s 9 Remuneration tribunal may make inquiries s 250AM ins 2007 No. 31 s 9 Conduct of inquiries s 250AN ins 2007 No. 31 s 9 amd 2007 No. 59 s 112 Membership of remuneration tribunal changes during inquiry s 250AO ins 2007 No. 31 s 9 Subdivision 6—Reports sdiv 6 (ss 250AP–250AQ) ins 2007 No. 31 s 9 Division 4—Reimbursement of expenses and provision of facilities div hdg ins 2007 No. 31 s 9 Chief executive to approve proposed expenses reimbursement policy or amendments of the policy 250AR ins 2007 No. 31 s 9 sub 2008 No. 5 s 21

823 Local Government Act 1993 Requirement to adopt expenses reimbursement policy or amendment 250AS ins 2007 No. 31 s 9 sub 2008 No. 5 s 21 Notification of adoption of expenses reimbursement policy 250AT ins 2007 No. 31 s 9 Meetings in public about expenses reimbursement policy 250AU ins 2007 No. 31 s 9 PART 3A—CODE OF CONDUCT FOR COUNCILLORS pt hdg ins 2005 No. 26 s 16 Division 1—Preliminary div hdg ins 2005 No. 26 s 16 Application of part to Brisbane City Council s 250A ins 2005 No. 26 s 16 Definitions for pt 3A s 250B ins 2005 No. 26 s 16 amd 2007 No. 59 s 113 Requirement to adopt code of conduct for councillors s 250C ins 2005 No. 26 s 16 Model code of conduct for councillors s 250D ins 2005 No. 26 s 16 Application and duration of code of conduct s 250E ins 2005 No. 26 s 16 Division 2—Content of codes of conduct for councillors div 2 (ss 250F–250I) ins 2005 No. 26 s 16 Division 3—Procedure for making code of conduct for councillors div 3 (ss 250J–250L) ins 2005 No. 26 s 16 Division 4—Enforcement of code of conduct for councillors div 4 (ss 250M–250ZJ) ins 2005 No. 26 s 16 PART 4—VACANCIES IN MEMBERSHIP OF LOCAL GOVERNMENTS When councillor’s office becomes vacant s 252 amd 1996 No. 81 s 30; 1999 No. 30 s 97 Filling of earlier vacancies by by-election s 253 amd 1999 No. 59 s 60 sch Filling of later vacancies by appointment s 254 amd 1996 No. 81 s 31 PART 5—MEMBERSHIP OF JOINT LOCAL GOVERNMENTS Election of members s 257 amd 1999 No. 30 s 97 When members are to be elected s 258 amd 1999 No. 59 s 60 sch

824 Local Government Act 1993 Filling of casual vacancies s 260 amd 1999 No. 30 s 97 President and deputy president s 263 amd 1999 No. 30 s 97; 1999 No. 59 s 60 sch CHAPTER 5—LOCAL GOVERNMENT ELECTIONS ch hdg reloc (as 2009 No. 17 sch 2 ch 5 hdg) 2009 No. 17 s 331 sch 1 amdt 16 PART 1—GENERAL pt hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 1 hdg) 2009 No. 17 s 331 sch 1 amdt 16 Quadrennial elections s 266 sub 1999 No. 59 s 5 reloc (as 2009 No. 17 sch 2 s 266) 2009 No. 17 s 331 sch 1 amdt 16 Types of elections s 267 amd 1999 No. 59 s 60 sch reloc (as 2009 No. 17 sch 2 s 267) 2009 No. 17 s 331 sch 1 amdt 16 Elections to be held on a Saturday s 268 reloc (as 2009 No. 17 sch 2 s 268) 2009 No. 17 s 331 sch 1 amdt 16 Date of quadrennial elections s 269 sub 1995 No. 57 s 4 sch 1; 1999 No. 59 s 6 reloc (as 2009 No. 17 sch 2 s 269) 2009 No. 17 s 331 sch 1 amdt 16 Date of by-elections s 270 amd 1999 No. 30 s 36 reloc (as 2009 No. 17 sch 2 s 270) 2009 No. 17 s 331 sch 1 amdt 16 Local governments responsible for expenditure for conducting elections s 271 ins 1996 No. 81 s 32 reloc (as 2009 No. 17 sch 2 s 271) 2009 No. 17 s 331 sch 1 amdt 16 PART 2—RETURNING OFFICERS pt hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 2 hdg) 2009 No. 17 s 331 sch 1 amdt 16 Chief executive officer is returning officer s 272 amd 1996 No. 81 s 33; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 272) 2009 No. 17 s 331 sch 1 amdt 16 Appointment of returning officer in place of the chief executive officer s 273 sub 1996 No. 81 s 34 reloc (as 2009 No. 17 sch 2 s 273) 2009 No. 17 s 331 sch 1 amdt 16 Returning officer’s duty for by-election s 274 reloc (as 2009 No. 17 sch 2 s 274) 2009 No. 17 s 331 sch 1 amdt 16 PART 3—VOTERS ROLL pt hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 3 hdg) 2009 No. 17 s 331 sch 1 amdt 16 Returning officer must compile voters roll s 275 reloc (as 2009 No. 17 sch 2 s 275) 2009 No. 17 s 331 sch 1 amdt 16 Qualification for enrolment on voters roll s 276 reloc (as 2009 No. 17 sch 2 s 276) 2009 No. 17 s 331 sch 1 amdt 16

825 Local Government Act 1993 Cut off day for voters roll s 277 amd 1999 No. 30 ss 37, 97; 1999 No. 59 s 60 sch reloc (as 2009 No. 17 sch 2 s 277) 2009 No. 17 s 331 sch 1 amdt 16 Use of electoral roll when practicable s 278 reloc (as 2009 No. 17 sch 2 s 278) 2009 No. 17 s 331 sch 1 amdt 16 Requirements of voters roll s 279 reloc (as 2009 No. 17 sch 2 s 279) 2009 No. 17 s 331 sch 1 amdt 16 Voters roll to be open to inspection and purchase s 280 reloc (as 2009 No. 17 sch 2 s 280) 2009 No. 17 s 331 sch 1 amdt 16 Electoral registrars to help returning officers s 281 reloc (as 2009 No. 17 sch 2 s 281) reloc 2009 No. 17 s 331 sch 1 amdt 16 PART 4—VOTING pt hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 4 hdg) 2009 No. 17 s 331 sch 1 amdt 16 Compulsory voting s 282 reloc (as 2009 No. 17 sch 2 s 282) 2009 No. 17 s 331 sch 1 amdt 16 System of voting s 283 reloc (as 2009 No. 17 sch 2 s 283) 2009 No. 17 s 331 sch 1 amdt 16 PART 5—DIVISION OF LOCAL GOVERNMENT AREAS Division 1—Preliminary div hdg ins 2002 No. 37 s 3 Application of part to Brisbane City Council s 284 ins 1996 No. 81 s 15 sch sub 2002 No. 37 s 3 om 2009 No. 17 s 331 sch 1 amdt 3A (amd 2010 No. 23 s 344(5)) Non-application of part to indigenous regional councils s 284AA ins 2007 No. 59 s 114 Definition for pt 5 s 284A ins 2002 No. 37 s 3 Division 2—Quota requirements for divided local governments div hdg ins 2002 No. 37 s 3 Quota to be complied with in division of local government area and assignment of councillors s 286 amd 1996 No. 81 s 35; 1997 No. 42 s 14; 1999 No. 30 s 97; 1999 No. 59 s 60 sch Division 3—Disclosure requirements and references div hdg ins 2002 No. 37 s 2 sch Disclosure of compliance or noncompliance with quota requirements s 287 amd 1996 No. 81 s 15 sch; 1997 No. 42 s 15; 1999 No. 30 s 97; 1999 No. 59 s 60 sch; 2002 No. 37 s 2 sch Matter of area’s division referred to commissioner s 288 amd 1997 No. 42 s 16; 1999 No. 30 s 97; 2002 No. 37 s 4

826 Local Government Act 1993 PART 6—CONDUCT OF ELECTIONS pt hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Division 1—Preliminary div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 1 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Conduct of elections s 289 reloc (as 2009 No. 17 sch 2 s 289) 2009 No. 17 s 331 sch 1 amdt 17 Division 2—Electoral officers div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 2 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Returning officer s 290 reloc (as 2009 No. 17 sch 2 s 290) 2009 No. 17 s 331 sch 1 amdt 17 Assistant returning officers s 291 ins 1996 No. 81 s 36 reloc (as 2009 No. 17 sch 2 s 291) 2009 No. 17 s 331 sch 1 amdt 17 Presiding officers s 292 reloc (as 2009 No. 17 sch 2 s 292) 2009 No. 17 s 331 sch 1 amdt 17 Issuing officers s 293 amd 1996 No. 81 s 37 reloc (as 2009 No. 17 sch 2 s 293) 2009 No. 17 s 331 sch 1 amdt 17 Declaration by issuing officers s 294 reloc (as 2009 No. 17 sch 2 s 294) 2009 No. 17 s 331 sch 1 amdt 17 Returning officer may act through other officers s 295 sub 1996 No. 81 s 38 reloc (as 2009 No. 17 sch 2 s 295) 2009 No. 17 s 331 sch 1 amdt 17 Assistant returning officer may act through certain authorised officers s 296 ins 1996 No. 81 s 39 reloc (as 2009 No. 17 sch 2 s 296) 2009 No. 17 s 331 sch 1 amdt 17 Supply and use of voters rolls s 299 reloc (as 2009 No. 17 sch 2 s 297) 2009 No. 17 s 331 sch 1 amdt 17 Division 3—Candidates for election or appointment div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 3 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Qualification for nomination s 298 amd 1996 No. 81 s 40; 1999 No. 30 s 97; 2001 No. 29 s 7; 2009 No. 17 s 331 sch 1 amdts 4–4A (amd 2010 No. 23 s 344(6)) reloc (as 2009 No. 17 sch 2 s 298) 2009 No. 17 s 331 sch 1 amdt 17 Prohibition of dual candidature s 299 amd 2009 No. 17 s 331 sch 1 amdt 4B (amd 2010 No. 23 s 344(6)) reloc (as 2009 No. 17 sch 2 s 299) 2009 No. 17 s 331 sch 1 amdt 17

827 Local Government Act 1993 Leave to local government employee to contest election s 300 amd 2009 No. 17 s 331 sch 1 amdt 4C (amd 2010 No. 23 s 344(6)) reloc (as 2009 No. 17 sch 2 s 300) 2009 No. 17 s 331 sch 1 amdt 17 Division 4—Nominations of candidates for election div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 4 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Calling for nominations s 301 reloc (as 2009 No. 17 sch 2 s 301) 2009 No. 17 s 331 sch 1 amdt 17 Who may nominate s 302 amd 1996 No. 81 s 42; 1999 No. 30 s 97; 2009 No. 17 s 331 sch 1 amdt 4D (amd 2010 No. 23 s 344(6)) reloc (as 2009 No. 17 sch 2 s 302) 2009 No. 17 s 331 sch 1 amdt 17 How and when nomination is given s 303 reloc (as 2009 No. 17 sch 2 s 303) 2009 No. 17 s 331 sch 1 amdt 17 Deposit to accompany nomination s 304 amd 1997 No. 17 s 74 sch; 2007 No. 21 s 12 reloc (as 2009 No. 17 sch 2 s 304) 2009 No. 17 s 331 sch 1 amdt 17 Special grounds for deciding a person is not properly nominated s 305 ins 1996 No. 81 s 43 amd 2004 No. 53 s 2 sch reloc (as 2009 No. 17 sch 2 s 305) 2009 No. 17 s 331 sch 1 amdt 17 Certificate of returning officer s 306 amd 1996 No. 81 s 44; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 306) 2009 No. 17 s 331 sch 1 amdt 17 Display of nominations s 307 reloc (as 2009 No. 17 sch 2 s 307) 2009 No. 17 s 331 sch 1 amdt 17 Termination of candidature before noon on nomination day s 308 amd 2007 No. 21 s 13 reloc (as 2009 No. 17 sch 2 s 308) 2009 No. 17 s 331 sch 1 amdt 17 Death of candidate s 309 amd 2007 No. 21 s 14 reloc (as 2009 No. 17 sch 2 s 309) 2009 No. 17 s 331 sch 1 amdt 17 Procedure if number of candidates not more than number required s 310 reloc (as 2009 No. 17 sch 2 s 310) 2009 No. 17 s 331 sch 1 amdt 17 Procedure if number of candidates exceeds number required s 311 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 311) 2009 No. 17 s 331 sch 1 amdt 17 Supply of voters roll s 312 reloc (as 2009 No. 17 sch 2 s 312) 2009 No. 17 s 331 sch 1 amdt 17 Procedure on death of candidate when poll to be conducted s 313 amd 2007 No. 21 s 15 reloc (as 2009 No. 17 sch 2 s 313) 2009 No. 17 s 331 sch 1 amdt 17

828 Local Government Act 1993 Disposal of deposits generally s 314 amd 1996 No. 81 s 44A; 1999 No. 30 s 38; 2007 No. 21 s 16; 2009 No. 17 s 331 sch 1 amdt 4E (amd 2010 No. 23 s 344(6)) reloc (as 2009 No. 17 sch 2 s 314) 2009 No. 17 s 331 sch 1 amdt 17 If successful candidate dies s 315 reloc (as 2009 No. 17 sch 2 s 315) 2009 No. 17 s 331 sch 1 amdt 17 Extension of times s 316 amd 1999 No. 30 s 97; 2007 No. 21 s 17 reloc (as 2009 No. 17 sch 2 s 316) 2009 No. 17 s 331 sch 1 amdt 17 Special provision about refunding deposits s 316A ins 2007 No. 21 s 18 reloc (as 2009 No. 17 sch 2 s 316A) 2009 No. 17 s 331 sch 1 amdt 17 Division 5—Ballots div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 5 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Poll by ballot s 317 reloc (as 2009 No. 17 sch 2 s 317) 2009 No. 17 s 331 sch 1 amdt 17 Direction that poll be conducted by postal ballot s 318 amd 1996 No. 81 s 45; 2007 No. 59 s 115 reloc (as 2009 No. 17 sch 2 s 318) 2009 No. 17 s 331 sch 1 amdt 17 Division 6—Polling booths div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 6 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Polling booths—general s 319 amd 1996 No. 81 s 46; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 319) 2009 No. 17 s 331 sch 1 amdt 17 Provision of ordinary polling booths s 320 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 320) 2009 No. 17 s 331 sch 1 amdt 17 Declaration of mobile polling booths s 321 reloc (as 2009 No. 17 sch 2 s 321) 2009 No. 17 s 331 sch 1 amdt 17 Duty of person in charge of institution s 322 reloc (as 2009 No. 17 sch 2 s 322) 2009 No. 17 s 331 sch 1 amdt 17 Privacy of voting s 323 reloc (as 2009 No. 17 sch 2 s 323) 2009 No. 17 s 331 sch 1 amdt 17 Division 7—Ballot boxes, papers and other documents div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 7 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Ballot boxes generally s 324 reloc (as 2009 No. 17 sch 2 s 324) 2009 No. 17 s 331 sch 1 amdt 17

829 Local Government Act 1993 Requirements of ballot papers s 325 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 325) 2009 No. 17 s 331 sch 1 amdt 17 Separate ballot papers for separate polls s 326 amd 1999 No. 30 s 39 reloc (as 2009 No. 17 sch 2 s 326) 2009 No. 17 s 331 sch 1 amdt 17 Order of listing of candidates’ names s 327 amd 1996 No. 81 s 47; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 327) 2009 No. 17 s 331 sch 1 amdt 17 Distribution of ballot papers s 328 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 328) 2009 No. 17 s 331 sch 1 amdt 17 Correction of errors etc. s 329 amd 2007 No. 21 s 19 reloc (as 2009 No. 17 sch 2 s 329) 2009 No. 17 s 331 sch 1 amdt 17 Division 8—Scrutineers div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 8 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Candidates’ entitlement to scrutineers s 330 reloc (as 2009 No. 17 sch 2 s 330) 2009 No. 17 s 331 sch 1 amdt 17 Appointment of scrutineers s 331 reloc (as 2009 No. 17 sch 2 s 331) 2009 No. 17 s 331 sch 1 amdt 17 Proof of identification s 332 reloc (as 2009 No. 17 sch 2 s 332) 2009 No. 17 s 331 sch 1 amdt 17 Powers of scrutineers s 333 reloc (as 2009 No. 17 sch 2 s 333) 2009 No. 17 s 331 sch 1 amdt 17 Division 9—Voting generally div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 9 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Who may vote s 334 amd 2002 No. 37 s 5 reloc (as 2009 No. 17 sch 2 s 334) 2009 No. 17 s 331 sch 1 amdt 17 When votes may be cast at an ordinary polling booth or mobile polling booth s 335 reloc (as 2009 No. 17 sch 2 s 335) 2009 No. 17 s 331 sch 1 amdt 17 Procedure for voting at a polling booth s 336 amd 1999 No. 30 s 97; 2006 No. 41 s 35J reloc (as 2009 No. 17 sch 2 s 336) 2009 No. 17 s 331 sch 1 amdt 17 Duties of issuing officer for returned papers s 337 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 337) 2009 No. 17 s 331 sch 1 amdt 17

830 Local Government Act 1993 Arrangements for electors with disability s 338 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 338) 2009 No. 17 s 331 sch 1 amdt 17 Arrangements for electors at institutions s 339 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 339) 2009 No. 17 s 331 sch 1 amdt 17 Arrangements for electoral visitor voting s 340 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 340) 2009 No. 17 s 331 sch 1 amdt 17 Help for electors in voting s 341 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 341) 2009 No. 17 s 331 sch 1 amdt 17 Adjournment of poll s 342 reloc (as 2009 No. 17 sch 2 s 342) 2009 No. 17 s 331 sch 1 amdt 17 Division 10—Declaration voting div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 10 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Who may cast a declaration vote s 343 amd 2002 No. 37 s 2 sch; 2006 No. 41 s 35K reloc (as 2009 No. 17 sch 2 s 343) 2009 No. 17 s 331 sch 1 amdt 17 Who must cast a declaration vote in ordinary elections s 344 amd 2006 No. 41 s 35L reloc (as 2009 No. 17 sch 2 s 344) 2009 No. 17 s 331 sch 1 amdt 17 Declaration voting for postal ballot elections s 345 reloc (as 2009 No. 17 sch 2 s 345) 2009 No. 17 s 331 sch 1 amdt 17 How declaration vote is cast s 346 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 346) 2009 No. 17 s 331 sch 1 amdt 17 Distribution of ballot papers to certain electors who may cast declaration vote s 346A ins 1999 No. 30 s 40 amd 2007 No. 59 s 116 reloc (as 2009 No. 17 sch 2 s 346A) 2009 No. 17 s 331 sch 1 amdt 17 Distribution of ballot papers to other electors who may or must cast declaration vote prov hdg sub 1999 No. 30 s 35 sch 2 s 347 amd 1996 No. 81 s 48; 1999 No. 30 s 35 sch 2 pt 1, s 97; 2006 No. 41 s 35M; 2007 No. 59 s 117 reloc (as 2009 No. 17 sch 2 s 347) 2009 No. 17 s 331 sch 1 amdt 17 How declaration vote may be cast at a polling booth s 348 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 348) 2009 No. 17 s 331 sch 1 amdt 17

831 Local Government Act 1993 Distribution of ballot papers to electors for postal ballot election s 349 amd 1996 No. 81 s 49; 1999 No. 30 s 97; 2006 No. 41 s 35N; 2007 No. 59 s 118 reloc (as 2009 No. 17 sch 2 s 349) 2009 No. 17 s 331 sch 1 amdt 17 Record of ballot papers given to postal voters s 350 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 350) 2009 No. 17 s 331 sch 1 amdt 17 Casting a declaration vote by post s 351 amd 1997 No. 42 s 19 sch; 1999 No. 30 s 35 sch 2 pt 1, s 97 reloc (as 2009 No. 17 sch 2 s 351) 2009 No. 17 s 331 sch 1 amdt 17 Declaration voting before polling day s 352 amd 1996 No. 81 s 50; 1999 No. 30 s 35 sch 2 pt 1, s 97; 2002 No. 37 s 6; 2006 No. 41 s 35O reloc (as 2009 No. 17 sch 2 s 352) 2009 No. 17 s 331 sch 1 amdt 17 Distribution of declaration envelopes when separate ballot papers or polls on same day s 353 ins 1996 No. 81 s 51 amd 1999 No. 30 s 41; 2009 No. 17 s 331 sch 1 amdt 5 reloc (as 2009 No. 17 sch 2 s 353) 2009 No. 17 s 331 sch 1 amdt 17 Division 11—Marking of ballot papers div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 11 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Optional-preferential voting s 354 reloc (as 2009 No. 17 sch 2 s 354) 2009 No. 17 s 331 sch 1 amdt 17 First-past-the-post voting s 355 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 355) 2009 No. 17 s 331 sch 1 amdt 17 Division 12—Replacement of ballot papers div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 12 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Use of replacement ballot papers s 356 amd 1999 No. 30 s 35 sch 2 pt 1, s 97 reloc (as 2009 No. 17 sch 2 s 356) 2009 No. 17 s 331 sch 1 amdt 17 Division 13—Effect of ballot papers div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 13 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Effect of ballot papers—optional-preferential voting s 357 amd 1996 No. 81 s 52; 1999 No. 30 s 35 sch 2 pt 1, s 97; 2006 No. 41 s 35P reloc (as 2009 No. 17 sch 2 s 357) 2009 No. 17 s 331 sch 1 amdt 17 Effect of ballot papers—first-past-the-post voting s 358 amd 1996 No. 81 s 53; 1999 No. 30 s 35 sch 2 pt 1, s 97; 2006 No. 41 s 35Q reloc (as 2009 No. 17 sch 2 s 358) 2009 No. 17 s 331 sch 1 amdt 17

832 Local Government Act 1993 Posted vote presumed valid until contrary proved s 359 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 359) 2009 No. 17 s 331 sch 1 amdt 17 Formal and informal ballot papers s 360 reloc (as 2009 No. 17 sch 2 s 360) 2009 No. 17 s 331 sch 1 amdt 17 Ballot paper partly formal and partly informal s 361 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 361) 2009 No. 17 s 331 sch 1 amdt 17 Division 14—Counting of votes div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 14 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Votes to be counted in accordance with this division s 362 reloc (as 2009 No. 17 sch 2 s 362) 2009 No. 17 s 331 sch 1 amdt 17 Preliminary counting by presiding officer s 363 amd 1996 No. 81 s 54; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 363) 2009 No. 17 s 331 sch 1 amdt 17 Preliminary processing of declaration votes by returning officer—postal ballot election s 363A ins 1999 No. 30 s 42 reloc (as 2009 No. 17 sch 2 s 363A) 2009 No. 17 s 331 sch 1 amdt 17 Preliminary processing of declaration votes by returning officer—other elections prov hdg sub 1999 No. 30 s 35 sch 2 pt 1 s 364 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 364) 2009 No. 17 s 331 sch 1 amdt 17 Procedure for processing declaration envelopes s 365 amd 1996 No. 81 s 55; 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 365) 2009 No. 17 s 331 sch 1 amdt 17 Official counting of votes s 366 amd 1996 No. 81 s 56; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 366) 2009 No. 17 s 331 sch 1 amdt 17 Treatment of ballot paper to which objection is made s 367 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 367) 2009 No. 17 s 331 sch 1 amdt 17 Counting of votes for optional-preferential system s 368 amd 1999 No. 30 s 97; 2002 No. 37 s 7 reloc (as 2009 No. 17 sch 2 s 368) 2009 No. 17 s 331 sch 1 amdt 17 Counting of votes for first-past-the-post system s 369 amd 1999 No. 30 s 97; 2002 No. 37 s 8 reloc (as 2009 No. 17 sch 2 s 369) 2009 No. 17 s 331 sch 1 amdt 17 Returning officer’s duty after counting votes s 370 amd 1996 No. 81 s 57 reloc (as 2009 No. 17 sch 2 s 370) 2009 No. 17 s 331 sch 1 amdt 17

833 Local Government Act 1993 Division 15—Actions following poll div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 15 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Declaration of poll s 371 reloc (as 2009 No. 17 sch 2 s 371) 2009 No. 17 s 331 sch 1 amdt 17 Notice of final result of poll s 372 reloc (as 2009 No. 17 sch 2 s 372) 2009 No. 17 s 331 sch 1 amdt 17 Resolution about electors who fail to vote s 373 ins 1996 No. 81 s 58 reloc (as 2009 No. 17 sch 2 s 373) 2009 No. 17 s 331 sch 1 amdt 17 List of electors failing to vote s 374 amd 1996 No. 81 s 59; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 374) 2009 No. 17 s 331 sch 1 amdt 17 Notice of failure to vote etc. s 375 sub 1996 No. 81 s 60 reloc (as 2009 No. 17 sch 2 s 375) 2009 No. 17 s 331 sch 1 amdt 17 Payments for failure to vote s 376 ins 1996 No. 81 s 60 reloc (as 2009 No. 17 sch 2 s 376) 2009 No. 17 s 331 sch 1 amdt 17 Recording response to notice s 377 amd 1996 No. 81 s 61; 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 377) 2009 No. 17 s 331 sch 1 amdt 17 Evidentiary value of list under s 374 s 378 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 378) 2009 No. 17 s 331 sch 1 amdt 17 Disposal of material resulting from election s 379 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 379) 2009 No. 17 s 331 sch 1 amdt 17 Ballot papers as evidence s 380 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 380) 2009 No. 17 s 331 sch 1 amdt 17 Notice to electors whose ballot papers are not accepted s 381 ins 1996 No. 81 s 62 amd 2006 No. 41 s 35R reloc (as 2009 No. 17 sch 2 s 381) 2009 No. 17 s 331 sch 1 amdt 17 Notice to electoral commission of certain declaration votes s 382 reloc (as 2009 No. 17 sch 2 s 382) 2009 No. 17 s 331 sch 1 amdt 17 Division 16—Enforcement div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 16 hdg) 2009 No. 17 s 331 sch 1 amdt 17

834 Local Government Act 1993 Subdivision 1—Offences in general sdiv hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 16 sdiv 1 hdg) 2009 No. 17 s 331 sch 1 amdt 17 False or misleading information s 383 amd 1999 No. 30 s 35 sch 2 pt 1 sub 2007 No. 21 s 20 reloc (as 2009 No. 17 sch 2 s 383) 2009 No. 17 s 331 sch 1 amdt 17 False, misleading or incomplete electoral documents s 384 amd 1999 No. 30 s 35 sch 2 pt 1 om 2007 No. 21 s 20 Bribery s 385 amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 21 reloc (as 2009 No. 17 sch 2 s 385) 2009 No. 17 s 331 sch 1 amdt 17 Providing money for illegal payments s 386 amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 22 reloc (as 2009 No. 17 sch 2 s 386) 2009 No. 17 s 331 sch 1 amdt 17 Improperly influencing electoral officers s 387 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 387) 2009 No. 17 s 331 sch 1 amdt 17 Interfering with electoral right or duty s 388 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 388) 2009 No. 17 s 331 sch 1 amdt 17 Forging or uttering electoral papers s 389 amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 23 reloc (as 2009 No. 17 sch 2 s 389) 2009 No. 17 s 331 sch 1 amdt 17 Wilful neglect etc. of electoral officers s 390 reloc (as 2009 No. 17 sch 2 s 390) 2009 No. 17 s 331 sch 1 amdt 17 No record to be made of vote cast s 391 reloc (as 2009 No. 17 sch 2 s 391) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 2—Offences about electoral advertising and information sdiv hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 16 sdiv 2 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Responsibility for election matter s 392 amd 2001 No. 25 s 13; 2003 No. 85 s 18; 2007 No. 21 s 24 reloc (as 2009 No. 17 sch 2 s 392) 2009 No. 17 s 331 sch 1 amdt 17 Distribution of how-to-vote cards s 392A ins 2001 No. 25 s 14 reloc (as 2009 No. 17 sch 2 s 392A) 2009 No. 17 s 331 sch 1 amdt 17 Lodging of how-to-vote cards s 392B ins 2007 No. 21 s 25 reloc (as 2009 No. 17 sch 2 s 392B) 2009 No. 17 s 331 sch 1 amdt 17

835 Local Government Act 1993 Headline to electoral advertisements s 393 amd 2007 No. 21 s 26 reloc (as 2009 No. 17 sch 2 s 393) 2009 No. 17 s 331 sch 1 amdt 17 Misleading voters s 394 amd 2007 No. 21 s 27 reloc (as 2009 No. 17 sch 2 s 394) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 3—Offences about voting sdiv hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 16 sdiv 3 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Failure to vote s 395 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 395) 2009 No. 17 s 331 sch 1 amdt 17 Leave to vote s 396 amd 2007 No. 21 s 28 reloc (as 2009 No. 17 sch 2 s 396) 2009 No. 17 s 331 sch 1 amdt 17 Canvassing in or near polling booths s 397 amd 2007 No. 21 s 29 reloc (as 2009 No. 17 sch 2 s 397) 2009 No. 17 s 331 sch 1 amdt 17 Interrupting voting etc. s 398 reloc (as 2009 No. 17 sch 2 s 398) 2009 No. 17 s 331 sch 1 amdt 17 Influencing voting s 399 amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 30 reloc (as 2009 No. 17 sch 2 s 399) 2009 No. 17 s 331 sch 1 amdt 17 Party badges not to be worn in polling booths s 400 reloc (as 2009 No. 17 sch 2 s 400) 2009 No. 17 s 331 sch 1 amdt 17 Voting if not entitled s 401 amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 31 reloc (as 2009 No. 17 sch 2 s 401) 2009 No. 17 s 331 sch 1 amdt 17 Offences relating to ballot papers s 402 amd 1999 No. 30 s 35 sch 2 pt 1, s 97 reloc (as 2009 No. 17 sch 2 s 402) 2009 No. 17 s 331 sch 1 amdt 17 Failure to deliver or post documents for someone else s 403 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 403) 2009 No. 17 s 331 sch 1 amdt 17 Breach of confidentiality of vote s 404 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 404) 2009 No. 17 s 331 sch 1 amdt 17 Breaking seals on parcels s 405 amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 405) 2009 No. 17 s 331 sch 1 amdt 17

836 Local Government Act 1993 Duty of witness to signing of declaration voting papers s 406 amd 1999 No. 30 s 35 sch 2 pt 1, s 97 reloc (as 2009 No. 17 sch 2 s 406) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 4—Injunctions sdiv hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 6 div 16 sdiv 4 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Injunctions to restrain contravention of chapter s 407 amd 1996 No. 81 s 63 reloc (as 2009 No. 17 sch 2 s 407) 2009 No. 17 s 331 sch 1 amdt 17 PART 7—FRESH ELECTIONS pt hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 7 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Requirements for fresh election s 408 amd 1994 No. 77 s 3 sch 2; 1996 No. 81 s 15 sch; 1997 No. 42 s 17; 1999 No. 30 s 97; 2004 No. 37 s 86 sch 1; 2009 No. 17 s 331 sch 1 amdts 6–8 reloc (as 2009 No. 17 sch 2 s 408) 2009 No. 17 s 331 sch 1 amdt 17 Time for fresh election s 409 amd 1999 No. 30 s 97 reloc (as 2009 No. 17 sch 2 s 409) 2009 No. 17 s 331 sch 1 amdt 17 Returning officer for fresh election s 410 reloc (as 2009 No. 17 sch 2 s 410) 2009 No. 17 s 331 sch 1 amdt 17 Voters roll for fresh election s 411 reloc (as 2009 No. 17 sch 2 s 411) 2009 No. 17 s 331 sch 1 amdt 17 Other provisions of chapter apply s 412 amd 1999 No. 59 s 60 sch reloc (as 2009 No. 17 sch 2 s 412) 2009 No. 17 s 331 sch 1 amdt 17 Extension of terms of councillors s 413 amd 1999 No. 59 s 60 sch reloc (as 2009 No. 17 sch 2 s 413) 2009 No. 17 s 331 sch 1 amdt 17 PART 8—DISCLOSURE OF ELECTION GIFTS AND LOANS AND REQUIREMENTS FOR ACCOUNTS pt hdg ins 1996 No. 81 s 63A amd 2007 No. 21 s 32 reloc (as 2009 No. 17 sch 2 ch 5 pt 8 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Division 1—Preliminary div hdg reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 1 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Application of pt 8 to Brisbane City Council s 413A ins 1999 No. 30 s 43 reloc (as 2009 No. 17 sch 2 s 413A) 2009 No. 17 s 331 sch 1 amdt 17 Definitions for pt 8 s 414 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 414) 2009 No. 17 s 331 sch 1 amdt 17 def “disclosure period” amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 33(1)

837 Local Government Act 1993 def “disposition of property” amd 2007 No. 21 s 33(2) def “prescribed amount” amd 1999 No. 30 s 35 sch 2 pt 1; 2007 No. 21 s 33(3) def “relevant details” amd 2007 No. 21 s 33(4) Candidates s 415 ins 1996 No. 81 s 63A amd 1999 No. 30 s 44; 2009 No. 17 s 331 sch 1 amdt 8A (amd 2010 No. 23 s 344(7)) reloc (as 2009 No. 17 sch 2 s 415) 2009 No. 17 s 331 sch 1 amdt 17 Things taken to be done by political party s 416 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 416) 2009 No. 17 s 331 sch 1 amdt 17 Related corporations s 417 ins 1996 No. 81 s 63A amd 2001 No. 45 s 29 sch 3 reloc (as 2009 No. 17 sch 2 s 417) 2009 No. 17 s 331 sch 1 amdt 17 Adjustment of prescribed amount in relation to disclosure period s 417A ins 2007 No. 21 s 34 reloc (as 2009 No. 17 sch 2 s 417A) 2009 No. 17 s 331 sch 1 amdt 17 Division 2—Disclosure periods div hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 2 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 1—Disclosure periods for candidates for elections sdiv hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 2 sdiv 1 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Purpose of subdivision s 418 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 418) 2009 No. 17 s 331 sch 1 amdt 17 Disclosure period for candidates at previous elections s 419 ins 1996 No. 81 s 63A amd 1999 No. 59 s 7 reloc (as 2009 No. 17 sch 2 s 419) 2009 No. 17 s 331 sch 1 amdt 17 Disclosure period for candidates at previous fresh elections s 420 ins 1996 No. 81 s 63A amd 1999 No. 59 s 60 sch reloc (as 2009 No. 17 sch 2 s 420) 2009 No. 17 s 331 sch 1 amdt 17 Disclosure period for new candidates s 421 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 421) 2009 No. 17 s 331 sch 1 amdt 17 Disclosure period for certain candidates who are appointed councillors s 422 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 422) 2009 No. 17 s 331 sch 1 amdt 17

838 Local Government Act 1993 Subdivision 2—Disclosure period for groups of candidates and third parties for elections sdiv hdg ins 1996 No. 81 s 63A sub 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 2 sdiv 2 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Purpose of subdivision s 423 ins 1996 No. 81 s 63A amd 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 s 423) 2009 No. 17 s 331 sch 1 amdt 17 Disclosure period for particular sections prov hdg amd 2007 No. 21 s 35(1) s 423A ins 1999 No. 30 s 45 amd 1999 No. 59 s 60 sch; 2007 No. 21 s 35(2) reloc (as 2009 No. 17 sch 2 s 423A) 2009 No. 17 s 331 sch 1 amdt 17 Disclosure period for s 430 s 424 ins 1996 No. 81 s 63A amd 1999 No. 30 s 35 sch 2 pt 1; 1999 No. 59 s 60 sch reloc (as 2009 No. 17 sch 2 s 424) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 3—Transitional provisions for start of disclosure periods sdiv hdg ins 1996 No. 81 s 63A exp 1 July 2004 (see s 425B) Disclosure period for s 430A s 425 prev s 425 ins 1996 No. 81 s 63A exp 1 March 2001 (see s 425(2)) pres s 425 ins 2007 No. 21 s 36 amd 2009 No. 17 s 331 sch 1 amdts 8B–8C (amd 2010 No. 23 s 344(7)) reloc (as 2009 No. 17 sch 2 s 425) 2009 No. 17 s 331 sch 1 amdt 17 Transitional provisions for other disclosure periods s 425A ins 1999 No. 30 s 46 exp 1 July 2004 (see s 425B) Expiry of sdiv 3 s 425B ins 1999 No. 30 s 46 amd 1999 No. 59 s 9 exp 1 July 2004 (see s 425B) Division 3—Disclosure of gifts and loans and requirements for accounts div hdg ins 1996 No. 81 s 63A amd 2007 No. 21 s 37 reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 3 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 1—Preliminary sdiv hdg ins 1996 No. 81 s 63A sub 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 3 sdiv 1 hdg) 2009 No. 17 s 331 sch 1 amdt 17

839 Local Government Act 1993 Definitions for div 3 prov hdg sub 1999 No. 30 s 47(1) s 426 ins 1996 No. 81 s 63A amd 1999 No. 30 s 47(2)–(3) reloc (as 2009 No. 17 sch 2 s 426) 2009 No. 17 s 331 sch 1 amdt 17 def “agent” ins 2007 No. 21 s 38(2) def “group of candidates” sub 2007 No. 21 s 38(1)–(2) Subdivision 1A—Disclosure by candidates for elections sdiv hdg ins 1999 No. 30 s 35 sch 2 pt 1 reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 3 sdiv 1A hdg) 2009 No. 17 s 331 sch 1 amdt 17 Gifts to candidates s 427 amd 1999 No. 30 s 48; 2007 No. 21 s 39; 2009 No. 17 s 331 sch 1 amdt 9 reloc (as 2009 No. 17 sch 2 s 427) 2009 No. 17 s 331 sch 1 amdt 17 Gifts to groups of candidates s 427A ins 1999 No. 30 s 49; 2007 No. 21 s 40 amd 2009 No. 17 s 331 sch 1 amdt 10 reloc (as 2009 No. 17 sch 2 s 427A) 2009 No. 17 s 331 sch 1 amdt 17 Certain gifts not to be received s 428 ins 1996 No. 81 s 63A amd 2007 No. 21 s 41 reloc (as 2009 No. 17 sch 2 s 428) 2009 No. 17 s 331 sch 1 amdt 17 Valuation of fundraising activity gifts s 428A ins 2007 No. 21 s 42 reloc (as 2009 No. 17 sch 2 s 428A) 2009 No. 17 s 331 sch 1 amdt 17 Loans to candidates or groups of candidates s 428B ins 2007 No. 21 s 42 reloc (as 2009 No. 17 sch 2 s 428B) 2009 No. 17 s 331 sch 1 amdt 17 Certain loans not to be received s 428C ins 2007 No. 21 s 42 reloc (as 2009 No. 17 sch 2 s 428C) 2009 No. 17 s 331 sch 1 amdt 17 Chief executive officer to give reminder notice to candidates s 429 ins 1996 No. 81 s 63A amd 1999 No. 30 ss 50, 97; 2007 No. 21 s 43; 2009 No. 17 s 331 sch 1 amdt 11 reloc (as 2009 No. 17 sch 2 s 429) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 2—Disclosure by third parties for elections sdiv hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 3 sdiv 2 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Gifts for third party expenditure for political purposes s 430 ins 1996 No. 81 s 63A amd 1999 No. 30 s 51; 2007 No. 21 s 44 reloc (as 2009 No. 17 sch 2 s 430) 2009 No. 17 s 331 sch 1 amdt 17

840 Local Government Act 1993 Third party expenditure for political purposes s 430A ins 2007 No. 21 s 45 reloc (as 2009 No. 17 sch 2 s 430A) 2009 No. 17 s 331 sch 1 amdt 17 No requirement to give return if no further gifts to disclose s 431 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 431) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 2A—Disclosure by donors sdiv 2A (s 431A) ins 2007 No. 21 s 46 om 2009 No. 17 s 331 sch 1 amdt 16A (amd 2010 No. 23 s 344(8)) Subdivision 3—Amendment of returns sdiv hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 3 sdiv 3 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Amendment of returns s 432 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 432) 2009 No. 17 s 331 sch 1 amdt 17 Subdivision 4—Operation of accounts sdiv 4 (ss 432A–432B) ins 2007 No. 21 s 47 reloc (as 2009 No. 17 sch 2 ss 432A–432B) 2009 No. 17 s 331 sch 1 amdt 17 Division 4—Registers div hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 4 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Registers of electoral gifts s 433 ins 1996 No. 81 s 63A amd 2009 No. 17 s 331 sch 1 amdt 12 reloc (as 2009 No. 17 sch 2 s 433) 2009 No. 17 s 331 sch 1 amdt 17 Access to registers s 434 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 434) 2009 No. 17 s 331 sch 1 amdt 17 Queries on contents of register s 435 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 435) 2009 No. 17 s 331 sch 1 amdt 17 Division 4A—Recording of group’s membership and group’s agent div hdg ins 2007 No. 21 s 48 reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div 4A hdg) 2009 No. 17 s 331 sch 1 amdt 17 Definitions for div 4A s 435A ins 2007 No. 21 s 48 reloc (as 2009 No. 17 s 435A) 2009 No. 17 s 331 sch 1 amdt 17 def “nomination entity” sub 2009 No. 17 s 331 sch 1 amdt 16B (amd 2010 No. 23 s 344(8))

841 Local Government Act 1993 Offence to advertise or fundraise for group if nomination requirements not complied with s 435B ins 2007 No. 21 s 48 reloc (as 2009 No. 17 s 435B) 2009 No. 17 s 331 sch 1 amdt 17 Record of group membership requirement s 435C ins 2007 No. 21 s 48 reloc (as 2009 No. 17 s 435C) 2009 No. 17 s 331 sch 1 amdt 17 Group agent nomination requirement s 435D ins 2007 No. 21 s 48 reloc (as 2009 No. 17 s 435D) 2009 No. 17 s 331 sch 1 amdt 17 Register of group agents s 435E ins 2007 No. 21 s 48 reloc (as 2009 No. 17 s 435E) 2009 No. 17 s 331 sch 1 amdt 17 Division 5—Miscellaneous div hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div5 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Offences about returns s 436 ins 1996 No. 81 s 63A amd 2007 No. 21 s 49; 2009 No. 17 s 331 sch 1 amdt 13 reloc (as 2009 No. 17 sch 2 s 436) 2009 No. 17 s 331 sch 1 amdt 17 Records to be kept s 437 ins 1996 No. 81 s 63A amd 1999 No. 59 s 10 reloc (as 2009 No. 17 sch 2 s 437) 2009 No. 17 s 331 sch 1 amdt 17 Obtaining of information and completion of returns s 438 ins 1996 No. 81 s 63A amd 1999 No. 59 s 11 reloc (as 2009 No. 17 sch 2 s 438) 2009 No. 17 s 331 sch 1 amdt 17 Attempts to commit offences s 439 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 439) 2009 No. 17 s 331 sch 1 amdt 17 Noncompliance with part does not affect election s 440 orig s 440 (incl in orig ch 7 pt 5) om 1996 No. 54 s 9 sch pres s 440 ins 1996 No. 81 s 63A amd 2009 No. 17 s 331 sch 1 amdt 14 reloc (as 2009 No. 17 sch 2 s 440) 2009 No. 17 s 331 sch 1 amdt 17 Division 6—Evidence div hdg ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 ch 5 pt 8 div6 hdg) 2009 No. 17 s 331 sch 1 amdt 17

842 Local Government Act 1993 Evidentiary provisions s 441 orig s 441 (incl in orig ch 7 pt 5) om 1996 No. 54 s 9 sch pres s 441 ins 1996 No. 81 s 63A reloc (as 2009 No. 17 sch 2 s 441) 2009 No. 17 s 331 sch 1 amdt 17 PART 9—MISCELLANEOUS ELECTION MATTERS pt hdg ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 ch 5 pt 9 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Division 1—Preliminary div 1 (s 441A ) ins 2007 No. 21 s 50 om 2009 No. 17 s 331 sch 1 amdt 16C (amd 2010 No. 23 s 344(8)) Division 2—Code of conduct for candidates div hdg ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 ch 5 pt 9 div 2 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Code of conduct s 441B ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 s 441B) 2009 No. 17 s 331 sch 1 amdt 17 Division 3—Caretaker period arrangements div hdg ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 ch 5 pt 9 div 3 hdg) 2009 No. 17 s 331 sch 1 amdt 17 Definitions for div 3 s 441C ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 s 441C) 2009 No. 17 s 331 sch 1 amdt 17 def “caretaker period” amd 2008 No. 74 s 227 sub 2009 No. 17 s 331 sch 1 amdt 16D (amd 2010 No. 23 s 344(8)) Prohibition on major policy decision in caretaker period s 441D ins 2007 No. 21 s 50 amd 2009 No. 17 s 331 sch 1 amdt 15 reloc (as 2009 No. 17 sch 2 s 441D) 2009 No. 17 s 331 sch 1 amdt 17 Invalidity of major policy decision in caretaker period without approval s 441E ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 s 441E) 2009 No. 17 s 331 sch 1 amdt 17 Prohibition on election material in caretaker period s 441F ins 2007 No. 21 s 50 reloc (as 2009 No. 17 sch 2 s 441F) 2009 No. 17 s 331 sch 1 amdt 17 CHAPTER 6—GENERAL OPERATION OF LOCAL GOVERNMENTS PART 1—PROCEEDINGS OF LOCAL GOVERNMENTS Division 1—What meetings are held Post-election meetings s 442 amd 1999 No. 59 s 60 sch Agenda of post-election meetings s 443 amd 1999 No. 30 s 97

843 Local Government Act 1993 Other meetings s 444 amd 2007 No. 59 s 119 Division 2—Local government meetings Minutes must be kept s 448 amd 1999 No. 30 s 97 Notice of meetings s 450 amd 2007 No. 59 s 120 Division 3—Committees and their meetings Minutes must be kept unless committee exempted s 459 amd 1999 No. 30 s 97 Division 4—Meetings generally Recording of reasons for particular decisions s 461A ins 2007 No. 21 s 51 Meetings in public unless otherwise resolved s 462 amd 1999 No. 30 s 97 Closed meetings s 463 amd 1998 No. 13 s 191 sch; 2009 No. 36 s 872 sch 2 Public notice of resolution authorising remuneration etc. s 465 om 2007 No. 59 s 121 Division 5—Records Inspection of records by members s 469 amd 1999 No. 30 s 97; 2005 No. 26 s 17 Duty to make records available s 470 amd 1999 No. 30 s 97 Division 6—Miscellaneous Delegation by local government s 472 amd 1997 No. 23 s 21; 2007 No. 59 s 122 Community boards s 473A ins 2007 No. 21 s 51A PART 2—POLLS Electoral provisions that apply to a poll s 477 amd 1999 No. 30 s 35 sch 2 pt 1; 1999 No. 59 s 60 sch Restrictions on conducting another poll on the same question s 480 amd 1999 No. 59 s 60 sch PART 3—CONTRACTS AND RELATED ACTIVITIES pt hdg sub 2005 No. 54 s 14 Division 1—Preliminary Principles governing the making of contracts s 481 amd 2005 No. 54 s 15 What are “procurement activities” of a local government s 481A ins 2005 No. 54 s 16

844 Local Government Act 1993 What are “designated disposal activities” of a local government s 481B ins 2005 No. 54 s 16 Ways of entering into a contract s 482 amd 1999 No. 30 s 97 om 2008 No. 5 s 22 Entering into a contract under delegation s 483 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 97 Division 2—Strategic contracting model div hdg sub 2005 No. 54 s 17 Subdivision 1—Preliminary sdiv hdg ins 2005 No. 54 s 17 Purpose of div 2 s 483A ins 2005 No. 54 s 17 Subdivision 2—Choice of strategic contracting model sdiv hdg ins 2005 No. 54 s 17 Power to choose strategic contracting model s 483B ins 2005 No. 54 s 17 Effect of choice s 483C ins 2005 No. 54 s 17 Subdivision 3—Requirements relating to procurement activities sdiv hdg ins 2005 No. 54 s 17 Annual procurement plans s 483D ins 2005 No. 54 s 17 Amendment of procurement plan s 483E ins 2005 No. 54 s 17 Inspection of procurement plan s 483F ins 2005 No. 54 s 17 Significant procurement activity plans s 483G ins 2005 No. 54 s 17 Procurement manual s 483H ins 2005 No. 54 s 17 Subdivision 4—Requirements relating to designated disposal activities sdiv hdg ins 2005 No. 54 s 17 Annual asset disposal plan s 483I ins 2005 No. 54 s 17 Requirements for asset disposal plan s 483J ins 2005 No. 54 s 17 Amendment of asset disposal plan s 483K ins 2005 No. 54 s 17

845 Local Government Act 1993 Inspection of asset disposal plan s 483L ins 2005 No. 54 s 17 Plans for significant designated disposal activities s 483M ins 2005 No. 54 s 17 amd 2008 No. 13 s 20 sch Asset disposal manual s 483N ins 2005 No. 54 s 17 Subdivision 5—Requirements for disposal of particular land sdiv hdg ins 2005 No. 54 s 17 Procedural contracting model generally applies for disposal of land s 483O ins 2005 No. 54 s 17 Division 3—Procedural contracting model div hdg ins 2005 No. 54 s 17 Subdivision 1—Preliminary sdiv hdg ins 2005 No. 54 s 17 Application of div 3 s 483P ins 2005 No. 54 s 17 Subdivision 2—Purchasing sdiv hdg ins 2005 No. 54 s 17 When tenders are required s 484 amd 1999 No. 30 s 35 sch 2 pt 1; 2005 No. 54 s 18 When quotations are required s 485 amd 1999 No. 30 s 97; 2005 No. 54 s 19 Exceptions to the requirement to seek tenders or quotations s 486 amd 1999 No. 30 s 97; 2005 No. 54 s 20 Panel of suitable providers s 487 amd 1999 No. 30 s 97; 2005 No. 54 s 21 Changes to tenders s 488 amd 2005 No. 54 s 22 Short listing after calling for expressions of interest s 489 amd 1999 No. 30 s 97; 2005 No. 54 s 23 Acceptance of tender or quotation s 490 amd 1999 No. 30 s 97; 2005 No. 54 s 24 Subdivision 3—Disposal of land or particular non-current assets sdiv hdg (prev ch 6, pt 3, div 3 hdg) sub 2005 No. 54 s 25 When tenders or auctions are required s 491 amd 1999 No. 30 s 97; 2005 No. 54 s 26 Exemptions s 492 amd 1995 No. 11 s 11; 1999 No. 30 s 97; 2005 No. 54 s 27; 2006 No. 36 s 95E; 2008 No. 13 s 20 sch

846 Local Government Act 1993 Subdivision 4—Required manuals sdiv hdg ins 2005 No. 54 s 28 Required procurement and asset disposal manuals s 492A ins 2005 No. 54 s 28 amd 2006 No. 36 s 95F PART 4—ENTERPRISES Division 1—Preliminary Non-application of part to indigenous regional councils s 493A ins 2007 No. 59 s 123 Division 3—Safeguards Restrictions on exercise of enterprise powers s 499 amd 1999 No. 30 s 97; 2008 No. 13 s 20 sch Establishing enterprise powers limits s 500 amd 1999 No. 30 s 97 PART 5—GENERAL COMPLAINTS PROCESS pt 5 (ss 501A–501F) ins 2005 No. 26 s 18 PART 6—MISCELLANEOUS pt 6 (s 501G) ins 2007 No. 59 s 124 CHAPTER 7—FINANCIAL OPERATION AND ACCOUNTABILITY OF LOCAL GOVERNMENTS PART 1—LOCAL GOVERNMENT FINANCE STANDARDS Issue of standards s 502 amd 1997 No. 23 s 22; 2000 No. 20 s 29 sch 3; 2002 No. 77 s 230; 2005 No. 54 s 29 Standards must be complied with s 503 amd 1997 No. 23 s 23 PART 2—CORPORATE AND OPERATIONAL PLANS Period of corporate plan s 505 amd 1999 No. 59 s 12 PART 2A—REVENUE POLICY pt hdg ins 2003 No. 2 s 27 Preparation and adoption of revenue policy s 513A ins 2003 No. 2 s 27 Requirements and content of revenue policy s 513B ins 2003 No. 2 s 27 Copies of revenue policy to be available for inspection and purchase s 513C ins 2003 No. 2 s 27 PART 4—BUDGET Adoption of budget and revenue statement prov hdg amd 2003 No. 2 s 28(1) s 518 amd 1999 No. 30 s 92; 2003 No. 2 s 28(2)

847 Local Government Act 1993 Requirements of budgets s 519 amd 1999 No. 30 s 93; 2003 No. 2 s 29 Content of operating fund budgets s 520 amd 1997 No. 23 s 24; 1997 No. 42 s 19 sch; 2003 No. 2 s 30 Requirements and content of revenue statement s 520A ins 2003 No. 2 s 31 Budgets and revenue statements to be available for inspection and purchase prov hdg amd 2003 No. 2 s 32(1) s 524 amd 2003 No. 2 s 32(2) PART 5—BORROWING AND INVESTMENT Local governments are statutory bodies s 525 sub 1996 No. 54 s 9 sch Councillor’s liability for unauthorised borrowings s 526 amd 1996 No. 54 s 9 sch PART 6—ACCOUNTS Statements of accounts open to inspection s 529 amd 1999 No. 30 s 97 PART 7—AUDIT General reporting provisions s 530 amd 1999 No. 30 s 97 PART 8—ANNUAL REPORT Content of report about financial position of local government s 532 amd 1999 No. 29 s 50 sch Content of report about other issues of public interest s 534 amd 1997 No. 23 s 25; 1997 No. 76 s 8 sch; 1999 No. 30 s 97; 1999 No. 59 s 13; 2003 No. 2 s 33; 2005 No. 26 s 19; 2007 No. 31 s 10; 2008 No. 5 s 23 Copies of report to be available for inspection and purchase s 535 amd 1994 No. 77 s 3 sch 2 PART 9—DUTIES ABOUT PROPERTY STOLEN OR UNACCOUNTED FOR Local Government to take part in prosecution s 537 amd 1999 No. 30 s 97 Notice for contribution to joint local government s 539 amd 2008 No. 5 s 24 PART 10—JOINT LOCAL GOVERNMENTS Adoption of a budget by joint local government for part of a year s 541 amd 1999 No. 30 s 97 Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction s 542 amd 1999 No. 30 s 97 sub 2001 No. 98 s 14

848 Local Government Act 1993 CHAPTER 8—NATIONAL COMPETITION REFORM OF SIGNIFICANT BUSINESS ACTIVITIES ch hdg ins 1996 No. 81 s 64 PART 1—OBJECT AND APPLICATION pt hdg ins 1996 No. 81 s 64 Object s 543 ins 1996 No. 81 s 64 Application to Brisbane City Council s 544 (prev s 458B) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 PART 2—DEFINITIONS pt hdg ins 1996 No. 81 s 64 Definitions for ch 8 s 545 (prev s 458C) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 def “business activity” ins 1997 No. 23 s 27(2) def “Commonwealth tax” ins 1997 No. 42 s 19 sch def “Competition Policies Agreement” om 1997 No. 23 s 27(1) def “Competition Principles Agreement” ins 1997 No. 23 s 27(2) def “government tax” ins 1997 No. 23 s 27(2) def “new type 1 business activity” ins 1997 No. 23 s 27(2) def “new type 1 or 2 business activity” ins 1997 No. 23 s 27(2) def “new type 2 business activity” ins 1997 No. 23 s 27(2) def “significant business activity” sub 1997 No. 23 s 27 def “significant business entity” ins 1997 No. 23 s 27(2) def “State tax ” ins 1997 No. 42 s 19 sch def “tax” ins 1997 No. 23 s 27(2) def “threshold amount” ins 1997 No. 23 s 27(2) def “type 1 or 2 business activity” ins 1997 No. 23 s 27(2) def “type 2 business activity” amd 1997 No. 42 s 19 sch PART 3—IDENTIFICATION OF NEW TYPE 1 AND 2 BUSINESS ACTIVITIES pt hdg ins 1997 No. 23 s 28 Minister to decide threshold amounts for identifying new type 1 or 2 business activities s 546 ins 1997 No. 23 s 28 amd 1997 No. 42 s 19 sch Annual review of business activities s 547 ins 1997 No. 23 s 28 Notice to Minister of new type 1 or 2 business activities s 548 ins 1997 No. 23 s 28 PART 4—PUBLIC BENEFIT ASSESSMENT OF SIGNIFICANT BUSINESS ACTIVITIES pt hdg ins 1996 No. 81 s 64

849 Local Government Act 1993 amd 1997 No. 23 s 29 sub 1997 No. 42 s 19 sch Division 1—Subject matter of public benefit assessments div hdg ins 1996 No. 81 s 64 Matters to be addressed by public benefit assessment for type 1 or new type 1 business activity prov hdg amd 1997 No. 23 s 30(1) s 549 (prev s 458D) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 s 30(2)–(3); 1997 No. 42 s 19 sch Matters to be addressed by public benefit assessment for type 2 or new type 2 business activity prov hdg amd 1997 No. 23 s 31(1) s 550 (prev s 458E) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 s 31(2)–(3); 1997 No. 42 s 19 sch What is corporatisation s 551 (prev s 458F) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 ss 32, 13 sch What is commercialisation s 552 (prev s 458G) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 ss 33, 13 sch What is full costing price s 553 (prev s 458H) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 ss 34, 13 sch Division 2—Content of public benefit assessment report div hdg ins 1996 No. 81 s 64 Matters to be addressed in public benefit assessment reports s 554 (prev s 458I) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 ss 35, 13 sch; 1997 No. 42 s 19 sch Division 3—Local government to undertake assessments div hdg ins 1996 No. 81 s 64 Public benefit assessments to be undertaken s 555 (prev s 458J) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 s 36; 1999 No. 30 s 94 Fresh public benefit assessment if reforms not implemented within 3 years s 556 ins 1997 No. 23 s 37

850 Local Government Act 1993 Local government to resolve on assessment and report process s 557 (prev s 458K) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 s 13 sch Timing for assessments and reports s 558 (prev s 458L) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 amd 1997 No. 23 s 38 Regulation about public benefit assessment and public benefit assessment reports s 559 (prev s 458M) ins 1996 No. 81 s 64 renum 1997 No. 23 s 26 Division 4—Action to be taken on public benefit assessment reports div 4 (ss 560–566) ins 1997 No. 23 s 39 PART 5—FULL COST PRICING FOR SIGNIFICANT BUSINESS ACTIVITIES pt hdg ins 1997 No. 23 s 39 Application of pt 5 s 567 ins 1997 No. 23 s 39 Meaning of “full cost pricing” s 568 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 1997 No. 76 s 8 sch Guarantees by State s 569 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Local government to implement full cost pricing for significant business activities s 570 ins 1997 No. 23 s 39 PART 6—COMMERCIALISATION OF SIGNIFICANT BUSINESS ACTIVITIES pt hdg ins 1997 No. 23 s 39 Division 1—Preliminary div 1 (s 571) ins 1997 No. 23 s 39 Division 2—Background and objectives of part div 2 (ss 572–574) ins 1997 No. 23 s 39 Division 3—Interpretation div hdg ins 1997 No. 23 s 39 Meaning of “commercialisation” s 575 ins 1997 No. 23 s 39 amd 1997 No. 76 s 8 sch Meaning of “key principles of commercialisation” s 576 ins 1997 No. 23 s 39 Definitions for pt 6 s 577 ins 1997 No. 23 s 39

851 Local Government Act 1993 Division 4—Establishment of commercial business unit div 4 (s 578) ins 1997 No. 23 s 39 Division 5—Operations of commercial business unit div 5 (ss 579–580) ins 1997 No. 23 s 39 Division 6—Annual statement on operations of commercial business unit div hdg ins 1997 No. 23 s 39 amd 2001 No. 29 s 3 sch Annual statement on operations of commercial business unit s 581 ins 1997 No. 23 s 39 amd 2001 No. 29 s 3 sch Commonwealth and State tax equivalents s 582 ins 1997 No. 23 s 39 Guarantees by State s 583 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch PART 7—LOCAL GOVERNMENT OWNED CORPORATIONS pt hdg ins 1997 No. 23 s 39 Division 1—Preliminary div hdg ins 1997 No. 23 s 39 Subdivision 1—Application of part sdiv 1 (s 584) ins 1997 No. 23 s 39 Subdivision 2—Outline of part and its background and objectives sdiv 2 (ss 585–588) ins 1997 No. 23 s 39 Subdivision 3—Interpretation sdiv hdg ins 1997 No. 23 s 39 Meaning of “corporatisation” s 589 ins 1997 No. 23 s 39 Meaning of “key principles of corporatisation” s 590 ins 1997 No. 23 s 39 Meaning of “statement of corporate intent” s 591 ins 1997 No. 23 s 39 Definitions for pt 7 s 592 ins 1997 No. 23 s 39 def “Commonwealth tax” om 1997 No. 42 s 19 sch def “share” amd 1997 No. 42 s 19 sch def “State tax” om 1997 No. 42 s 19 sch References to doing of act by corporatised corporation s 593 ins 1997 No. 23 s 39 References to local governments etc. s 594 ins 1997 No. 23 s 39

852 Local Government Act 1993 Subdivision 4—Corporatised corporation not a local government sdiv 4 (s 595) ins 1997 No. 23 s 39 Subdivision 5—Operation of part and application of laws sdiv hdg ins 1997 No. 23 s 39 Extraterritorial operation s 596 ins 1997 No. 23 s 39 Application of existing laws s 597 ins 1997 No. 23 s 39 amd 1998 No. 21 s 30 Delegation of powers for corporatised corporations s 598 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 1999 No. 30 s 95 exp 1 July 2000 (see s 598(11)) How Corporations Law is to be applied to corporatised corporations s 599 ins 1997 No. 23 s 39 om 1998 No. 21 s 31 Division 2—Mechanisms for creating LGOCs and subsidiaries div hdg ins 1997 No. 23 s 39 Subdivision 1—Proposal for corporatisation sdiv 1 (ss 600–601) ins 1997 No. 23 s 39 Subdivision 2—Preparation of corporatisation charter—preliminary sdiv 2 (ss 602–603) ins 1997 No. 23 s 39 Subdivision 3—Preparation of corporatisation charter—establishment committee sdiv 3 (ss 604–607) ins 1997 No. 23 s 39 Subdivision 4—Preparation of corporatisation charter—requirements for charter sdiv 4 (ss 608–609) ins 1997 No. 23 s 39 Subdivision 5—corporatisation charter—approvals sdiv hdg ins 1997 No. 23 s 39 Approval of draft corporatisation charter s 610 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Approval of amendments of corporatisation charter s 611 ins 1997 No. 23 s 39 Corporatisation charter open to inspection s 612 ins 1997 No. 23 s 39 Deletion of commercially sensitive matters from corporatisation charter s 613 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Subdivision 6—Corporatisation charter—expiry of charter transitional part sdiv 6 (s 614) ins 1997 No. 23 s 39

853 Local Government Act 1993 Subdivision 7—Corporatisation facilitative mechanisms—significant business entities sdiv hdg ins 1997 No. 23 s 39 Purpose of subdivision s 615 ins 1997 No. 23 s 39 Significant business entities s 616 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Transfer of assets, liabilities etc. to significant business entity s 617 ins 1997 No. 23 s 39 Subdivision 8—Significant business entities—directors and employees sdiv hdg ins 1997 No. 23 s 39 Composition of boards including councillors and local government employees s 618 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 2001 No. 29 s 3 sch (2)(a), (3)–(4) exp 1 July 2003 (see s 618(11)) Remuneration and allowances to directors of significant business entities who are councillors or employees of a local government s 619 ins 1997 No. 23 s 39 amd 2001 No. 29 s 3 sch Restrictions on councillors and employees being directors s 620 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 2001 No. 29 s 3 sch Prohibition on councillors being employees s 621 ins 1997 No. 23 s 39 Subdivision 9—Interim board sdiv hdg ins 1997 No. 23 s 39 Interim board of directors for significant business entity s 622 ins 1997 No. 23 s 39 Application of certain provisions about directors and executives to significant business entities s 623 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 1998 No. 21 s 32 Subdivision 10—Corporatisation facilitative mechanisms—general sdiv hdg ins 1997 No. 23 s 39 Assistance to significant business entities s 624 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Share capital and issue of shares s 625 ins 1997 No. 23 s 39 Variation of share capital s 626 ins 1997 No. 23 s 39

854 Local Government Act 1993 Division does not affect existing legal relationships prov hdg amd 1997 No. 76 s 8 sch s 627 ins 1997 No. 23 s 39 amd 1997 No. 76 s 8 sch Local government may deal with other matters s 628 ins 1997 No. 23 s 39 Subdivision 11—Acting chief executive officer of significant business entity on corporatisation sdiv 11 (s 629 ) ins 1997 No. 23 s 39 Division 3—Local government owned corporations and subsidiaries div hdg ins 1997 No. 23 s 39 Subdivision 1—Declaration of LGOCs and subsidiaries sdiv hdg ins 1997 No. 23 s 39 Declaration of entity as LGOC s 630 ins 1997 No. 23 s 39 Requirements for LGOCs s 631 ins 1997 No. 23 s 39 amd 2001 No. 45 s 29 sch 3 Declaration of entity as subsidiary s 632 ins 1997 No. 23 s 39 Requirements for subsidiaries s 633 ins 1997 No. 23 s 39 amd 2001 No. 45 s 29 sch 3 Declaration does not affect legal personality etc. s 634 ins 1997 No. 23 s 39 Subdivision 2—Application of Corporations Act sdiv hdg ins 1997 No. 23 s 39 sub 2001 No. 45 s 29 sch 3 Corporations Act does not apply to corporatised corporations prov hdg amd 2001 No. 45 s 29 sch 3 s 635 ins 1997 No. 23 s 39 sub 1998 No. 21 s 33 amd 2001 No. 45 s 29 sch 3 Corporatised corporation exempt public authority s 636 ins 1997 No. 23 s 39 om 2001 No. 45 s 29 sch 3 Subdivision 3—Shares of corporatised corporations sdiv hdg ins 1997 No. 23 s 39 Local governments to be shareholders of LGOCs prov hdg amd 1997 No. 42 s 19 sch s 637 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch

855 Local Government Act 1993 LGOC to be shareholder of LGOC’s subsidiary s 638 ins 1997 No. 23 s 39 If 2 or more local governments are shareholders, shares and entitlements apportioned by agreement s 639 ins 1997 No. 23 s 39 Variation of shares and share capital of corporatised corporation s 640 ins 1997 No. 23 s 39 Transfer, issue etc. of shares s 641 ins 1997 No. 23 s 39 Shareholders must act jointly s 642 ins 1997 No. 23 s 39 Subdivision 4—Shareholders and councillors sdiv hdg ins 1997 No. 23 s 39 Appointment of councillors as shareholder’s delegates s 643 ins 1997 No. 23 s 39 (2)–(3) exp 1 July 1999 (see s 643(3)) Subdivision 5—Board of directors sdiv hdg ins 1997 No. 23 s 39 Corporatised corporation to have board of directors s 644 ins 1997 No. 23 s 39 Role of board s 645 ins 1997 No. 23 s 39 Delegation by board s 646 ins 1997 No. 23 s 39 amd 1998 No. 21 s 34 Additional provisions about board—div 5 s 647 ins 1997 No. 23 s 39 First board of LGOC s 648 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch First board of LGOC subsidiary s 649 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Subdivision 6—Chief executive officer sdiv hdg ins 1997 No. 23 s 39 Corporatised corporations to have chief executive officer s 650 ins 1997 No. 23 s 39 Duties of chief executive officer s 651 ins 1997 No. 23 s 39 Things done by chief executive officer s 652 ins 1997 No. 23 s 39

856 Local Government Act 1993 Delegation by chief executive officer s 653 ins 1997 No. 23 s 39 amd 1998 No. 21 s 35 Additional provisions about chief executive officer—div 6 s 654 ins 1997 No. 23 s 39 Subdivision 7—Corporate plan—general sdiv 7 (ss 655–656) ins 1997 No. 23 s 39 Subdivision 8—Preparation, agreement on and changes to corporate plan sdiv 8 (ss 657–664) ins 1997 No. 23 s 39 Subdivision 9—Statement of corporate intent—general sdiv 9 (ss 665–667) ins 1997 No. 23 s 39 Subdivision 10—Matters to be included in statement of corporate intent sdiv hdg ins 1997 No. 23 s 39 Matters to be included in statement of corporate intent s 668 ins 1997 No. 23 s 39 Deletion of commercially sensitive matters from statement of corporate intent s 669 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Subdivision 11—Preparation, agreement on and modification of statement of corporate intent sdiv hdg ins 1997 No. 23 s 39 Draft statement of corporate intent s 670 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Consultation with industrial organisations etc. s 671 ins 1997 No. 23 s 39 Special procedures in relation to draft statement of corporate intent s 672 ins 1997 No. 23 s 39 Statement of corporate intent on agreement s 673 ins 1997 No. 23 s 39 Statement of corporate intent pending agreement s 674 ins 1997 No. 23 s 39 Changes to statement of corporate intent s 675 ins 1997 No. 23 s 39 Statement of corporate intent open to inspection s 676 ins 1997 No. 23 s 39 Subdivision 12—Community service obligations sdiv 12 (ss 677–678 ) ins 1997 No. 23 s 39 Subdivision 13—General reserve powers of shareholders sdiv 13 (s 679) ins 1997 No. 23 s 39

857 Local Government Act 1993 Subdivision 14—Suspected insolvency from directions sdiv 14 (s 680) ins 1997 No. 23 s 39 Subdivision 15—Limitation on local government directions sdiv 15 (s 681) ins 1997 No. 23 s 39 Subdivision 16—Reports and other accountability matters sdiv hdg ins 1997 No. 23 s 39 Application of Financial Accountability Act 2009 prov hdg amd 2009 No. 9 s 136 sch 1 s 682 ins 1997 No. 23 s 39 amd 1998 No. 21 s 36; 2009 No. 9 s 136 sch 1 Quarterly reports s 683 ins 1997 No. 23 s 39 Annual reports s 684 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Annual report open to inspection s 685 ins 1997 No. 23 s 39 Omission of certain matters from annual report etc. s 686 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch LGOC board to keep shareholder informed s 687 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Subdivision 17—Duties and liabilities of directors and other officers sdiv hdg ins 1997 No. 23 s 39 Disclosure of interests by directors s 688 ins 1997 No. 23 s 39 Voting by interested director s 689 ins 1997 No. 23 s 39 Duty and liability of certain officers of corporatised corporation s 690 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 2002 No. 68 s 339 sch 4 Prohibition on loans to directors s 691 ins 1997 No. 23 s 39 When corporatised corporation not to indemnify officers s 692 ins 1997 No. 23 s 39 Corporatised corporation not to pay premiums for certain liabilities of officers s 693 ins 1997 No. 23 s 39 Director’s duty to prevent insolvent trading s 694 ins 1997 No. 23 s 39

858 Local Government Act 1993 Court may order compensation s 695 ins 1997 No. 23 s 39 amd 1999 No. 19 s 3 sch Examination of persons concerned with corporatised corporations s 696 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 1999 No. 19 s 3 sch Power to grant relief s 697 ins 1997 No. 23 s 39 amd 1999 No. 19 s 3 sch False or misleading information or documents s 698 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Notice of suspected insolvency otherwise than because of direction s 699 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 2001 No. 45 s 29 sch 3 Subdivision 18—Legal capacity and powers sdiv 18 (ss 700–706 ) ins 1997 No. 23 s 39 Subdivision 19—Finance—taxation sdiv hdg ins 1997 No. 23 s 39 State taxes s 707 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch; 2001 No. 71 s 551 sch 1 Commonwealth and State tax equivalents s 708 ins 1997 No. 23 s 39 Subdivision 20—Finance—borrowing and guarantees Application of Statutory Bodies Financial Arrangements Act 1982 s 708A ins 2001 No. 98 s 15 Guarantees by local government s 709 ins 1997 No. 23 s 39 Payment for cost of funds advantage of guarantees by local government s 710 ins 1997 No. 23 s 39 Subdivision 21—Finance—dividends sdiv hdg ins 1997 No. 23 s 39 Payment of dividends s 711 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Interim dividends s 712 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Dividend payment for financial year of becoming a corporatised corporation s 713 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch

859 Local Government Act 1993 Subdivision 22—Acquisition and disposal of assets and subsidiaries sdiv hdg ins 1997 No. 23 s 39 Reserve power of shareholder to direct that asset not be disposed of s 714 ins 1997 No. 23 s 39 Disposal of main undertakings s 715 ins 1997 No. 23 s 39 Acquiring of other subsidiaries prohibited s 716 ins 1997 No. 23 s 39 amd 2001 No. 45 s 29 sch 3 Subdivision 23—Employees sdiv hdg ins 1997 No. 23 s 39 Employees of corporatised corporations s 717 ins 1997 No. 23 s 39 Terms of employment s 718 ins 1997 No. 23 s 39 Arrangements relating to staff s 719 ins 1997 No. 23 s 39 Superannuation schemes s 720 ins 1997 No. 23 s 39 amd 2008 No. 13 s 20 sch Superannuation for officers and employees of corporatised corporation who were previously officers of a local government s 721 ins 1997 No. 23 s 39 amd 2008 No. 13 s 20 sch Preservation of leave and other entitlements of certain former employees of local government s 722 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Subdivision 24—Other matters sdiv hdg ins 1997 No. 23 s 39 Corporatised corporation’s seal s 723 ins 1997 No. 23 s 39 Change of functions and name of corporatised corporation s 724 ins 1997 No. 23 s 39 Authentication of documents s 725 ins 1997 No. 23 s 39 Judicial notice of certain signatures s 726 ins 1997 No. 23 s 39 Crime and Misconduct Act s 727 ins 1997 No. 23 s 39 sub 2001 No. 69 s 378 sch 1

860 Local Government Act 1993 Application of Ombudsman Act 2001 prov hdg amd 2001 No. 73 s 96 sch 1 s 728 ins 1997 No. 23 s 39 amd 2001 No. 73 s 96 sch 1; 2008 No. 13 s 21 Division 4—Miscellaneous div hdg ins 1997 No. 23 s 39 Monitoring and assessment of corporatised corporations s 729 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Giving of documents to board s 730 ins 1997 No. 23 s 39 Judicial notice of certain resolutions s 731 ins 1997 No. 23 s 39 When resolutions amending certain resolutions take effect s 732 ins 1997 No. 23 s 39 Local governments and certain officers not directors etc. s 733 ins 1997 No. 23 s 39 amd 2001 No. 45 s 29 sch 3 Division 5—Additional provisions relating to board of corporatised corporations div hdg ins 1997 No. 23 s 39 Subdivision 1—Composition of board sdiv hdg ins 1997 No. 23 s 39 Composition of board s 734 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Chairperson and deputy chairperson s 735 ins 1997 No. 23 s 39 Subdivision 2—Meetings and other business of board sdiv hdg ins 1997 No. 23 s 39 Meaning of “required minimum number” of directors s 736 ins 1997 No. 23 s 39 Conduct of meetings and other business s 737 ins 1997 No. 23 s 39 Times and places of meetings s 738 ins 1997 No. 23 s 39 Presiding at meetings s 739 (prev s 459LE) ins 1997 No. 23 s 39 renum 1997 No. 76 s 8 sch Quorum and voting at meetings s 740 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch

861 Local Government Act 1993 Participation in meetings by telephone etc. s 741 ins 1997 No. 23 s 39 Resolutions without meetings s 742 ins 1997 No. 23 s 39 Minutes s 743 ins 1997 No. 23 s 39 Subdivision 3—Provisions relating to directors sdiv hdg ins 1997 No. 23 s 39 Appointment of directors s 744 ins 1997 No. 23 s 39 amd 2001 No. 45 s 29 sch 3 LGOC director not to be chief executive officer or other employee of LGOC’s subsidiary s 745 ins 1997 No. 23 s 39 Procedure for appointment of directors s 746 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Terms of appointment not provided for under divs 1–4 s 747 ins 1997 No. 23 s 39 Appointment of acting director s 748 ins 1997 No. 23 s 39 Resignation s 749 ins 1997 No. 23 s 39 Termination of appointment as director s 750 ins 1997 No. 23 s 39 Division 6—Additional provisions relating to chief executive officers div hdg ins 1997 No. 23 s 39 Appointment of chief executive officer s 751 ins 1997 No. 23 s 39 Local government employees can not be chief executive officers of corporatised corporations s 752 ins 1997 No. 23 s 39 Definitions s 752A orig s 752A (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7 exp 24 February 1995 (see s 752F) Postponement of affected local governments’ elections s 752B orig s 752B (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7 exp 24 February 1995 (see s 752F) Effect of postponement of elections s 752C orig s 752C (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7 exp 24 February 1995 (see s 752F)

862 Local Government Act 1993 Cut-off day for voters rolls for postponed elections s 752D orig s 752D (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7 exp 24 February 1995 (see s 752F) Regulation making power s 752E orig s 752E (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7 exp 24 February 1995 (see s 752F) Expiry of part s 752F orig s 752F (incl in R1 ch 13 pt 3) ins 1994 No. 1 s 7 exp 24 February 1995 (see s 752F) Director may be chief executive officer s 753 ins 1997 No. 23 s 39 Appointment of acting chief executive officer s 754 ins 1997 No. 23 s 39 amd 1997 No. 42 s 19 sch Terms of appointment not provided for under divs 1–4 s 755 ins 1997 No. 23 s 39 Resignation s 756 orig s 756 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig s 761(1)) pres s 756 ins 1997 No. 23 s 39 Termination of appointment s 757 orig s 757 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig s 761(1)) pres s 757 ins 1997 No. 23 s 39 CHAPTER 9—CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES ch hdg ins 1997 No. 23 s 39 PART 1—OBJECT AND APPLICATION pt hdg ins 1997 No. 23 s 39 Object of ch 9 s 758 orig s 758 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig s 761(1)) pres s 758 ins 1997 No. 23 s 39 amd 2002 No. 77 s 231 Competitive neutrality principles s 759 orig s 759 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig s 761(1)) pres s 759 ins 1997 No. 23 s 39 (amd 1997 No. 42 s 19 sch) amd 2002 No. 77 s 232 Application to Brisbane City Council s 760 orig s 760 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig s 761(1)) pres s 760 ins 1997 No. 23 s 39 PART 2—DEFINITIONS pt hdg ins 1997 No. 23 s 39 Definitions for ch 9 s 761 orig s 761 (incl in orig ch 14 pt 1 div 2) exp 26 March 1995 (see orig s 761(1)) pres s 761 ins 1997 No. 23 s 39 (amd 1997 No. 42 s 19 sch)

863 Local Government Act 1993 def “building certification business activity” ins 2002 No. 77 s 233 def “building certifying function” ins 2002 No. 77 s 233 amd 2006 No. 36 s 101 sch; 1975 No. 11 s 283 (amd 2006 No. 36 s 69) Meaning of “business activity” s 762 orig s 762 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see orig s 768) pres s 762 ins 1997 No. 23 s 39 amd 2002 No. 77 s 234 PART 3—CODE OF COMPETITIVE CONDUCT pt hdg ins 1997 No. 23 s 39 Code must be applied to roads business activities s 763 orig s 763 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see orig s 768) pres s 763 ins 1997 No. 23 s 39 Code must be applied to building certification business activities s 763A ins 2002 No. 77 s 235 When code must be applied to other business activities s 764 orig s 764 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see orig s 768) pres s 764 ins 1997 No. 23 s 39 PART 4—ANNUAL REVIEW OF BUSINESS ACTIVITIES pt hdg ins 1997 No. 23 s 39 Annual review of business activities s 765 orig s 765 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see orig s 768) pres s 765 ins 1997 No. 23 s 39 Local government to resolve whether to apply code of competitive conduct to business activities s 766 orig s 766 (incl in orig ch 14 pt 1 div 3 sdiv A) exp 26 March 1995 (see orig s 768) pres s 766 ins 1997 No. 23 s 39 (amd 1997 No. 42 s 19 sch) Application of code of competitive conduct to other activities s 767 orig s 767 (incl in orig ch 14 pt 1 div 3 sdiv B) exp 26 March 1995 (see orig s 768) pres s 767 ins 1997 No. 23 s 39 Information to be included in annual report s 768 orig s 768 (incl in orig ch 14 pt 1 div 3 sdiv C) exp 26 March 1995 (see orig s 768) pres s 768 ins 1997 No. 23 s 39 (2)–(4) exp 1 July 2000 (see s 768(4)) CHAPTER 10—REFORM OF CERTAIN WATER AND SEWERAGE SERVICES ch hdg ins 1997 No. 23 s 39

864 Local Government Act 1993 PART 1—OBJECT AND APPLICATION pt hdg ins 1997 No. 23 s 39 Object of ch 10 s 769 orig s 769 (incl in orig ch 14 pt 1 div 4) exp 26 October 1994 (see orig s 769(3)) pres s 769 ins 1997 No. 23 s 39 Application to Brisbane City Council s 770 orig s 770 (incl in orig ch 14 pt 1 div 5) exp 7 December 1994 (see orig s 772) pres s 770 ins 1997 No. 23 s 39 Meaning of relevant business activity s 771 orig s 771 (incl in orig ch 14 pt 1 div 5) exp 7 December 1994 (see orig s 772) new s 771 ins 1997 No. 23 s 39 om 2000 No. 4 s 4 PART 2—INTERPRETATION pt hdg ins 1998 No. 23 s 39 sub 2000 No. 4 s 94 sch Definitions for ch 10 s 772 orig s 772 (incl in orig ch 14 pt 1 div 5) exp 7 December 1994 (see orig s 772) pres s 772 ins 1997 No. 23 s 39 def “access component” ins 2000 No. 4 s 5 def “consumption component” ins 2000 No. 4 s 5 def “cost effective” ins 2000 No. 4 s 5 def “relevant business activity” ins 2000 No. 4 s 5 Consumption as the basis for utility charges for water services s 772A ins 2000 No. 4 s 6 PART 3—ASSESSMENT OF COST EFFECTIVENESS OF TWO-PART TARIFFS FOR WATER SUPPLY pt hdg ins 1997 No. 23 s 39 Assessment of cost effectiveness of two-part tariffs to be carried out s 773 orig s 773 (incl in orig ch 14 pt 1 div 6) sub 1995 No. 11 s 13 AIA s 20A applies (see s 773(4)) exp 1 July 1995 (see s 773(5)) pres s 773 ins 1997 No. 23 s 39 Local government to decide on assessment and report process prov hdg amd 2000 No. 4 s 94 sch s 774 orig s 774 (incl in orig ch 14 pt 1 div 6) exp 30 June 1994 (see orig s 774(2)) pres s 774 ins 1997 No. 23 s 39 Timing for assessments and reports s 775 ins 1997 No. 23 s 39 Fresh assessment within 3 years if recommendation on two-part tariffs not applied prov hdg amd 2000 No. 4 s 94 sch s 776 ins 1997 No. 23 s 39

865 Local Government Act 1993 Regulation about assessments and reports s 777 ins 1997 No. 23 s 39 PART 4—DECISION ON TWO-PART TARIFF REPORTS pt hdg ins 1997 No. 23 s 39 Object of pt 4 s 778 ins 1997 No. 23 s 39 Public access to two-part tariff reports s 779 ins 1997 No. 23 s 39 Local government to resolve whether to apply two-part tariff s 780 ins 1997 No. 23 s 39 Timing for resolution s 781 ins 1997 No. 23 s 39 Notice to Minister of resolution s 782 orig s 782 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig s 786) pres s 782 ins 1997 No. 23 s 39 PART 5—IMPLEMENTATION OF CERTAIN CHARGING ARRANGEMENTS AND REPORTING PROCEDURES pt hdg ins 1997 No. 23 s 39 Local governments to implement charging and operational arrangements for relevant business activities s 783 orig s 783 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig s 786) pres s 783 ins 1997 No. 23 s 39 Implementing resolution under s 780 to apply two-part tariff s 783A ins 2000 No. 4 s 7 Start of work to apply two-part tariffs s 784 orig s 784 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig s 786) pres s 784 ins 1997 No. 23 s 39 (amd 1997 No. 42 s 19 sch) Timetable for implementing arrangements s 785 orig s 785 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig s 786) pres s 785 ins 1997 No. 23 s 39 (amd 1997 No. 42 s 19 sch) Strategies for applying s 783(b) to (e) s 786 orig s 786 (incl in orig ch 14 pt 1 div 8) exp 26 March 1995 (see orig s 786) prev s 786 (incl in R3 ch 14 pt 1) ins 1994 No. 71 s 12 (retro) exp 30 June 1995 (see 786(3)) pres s 786 ins 1997 No. 23 s 39 CHAPTER 11—COMPLAINTS ABOUT COMPETITIVE NEUTRALITY ch hdg ins 1997 No. 76 s 11 PART 1—PRELIMINARY pt hdg ins 1997 No. 76 s 11 Object of ch 11 s 787 ins 1997 No. 76 s 11

866 Local Government Act 1993 Application of ch 11 s 788 ins 1997 No. 76 s 11 Application to Brisbane City Council s 789 ins 1997 No. 76 s 11 Definitions for ch 11 s 790 ins 1997 No. 76 s 11 def “competitive advantage” amd 2002 No. 77 s 236 PART 2—COMPLAINT PROCESS FOR LOCAL GOVERNMENT BUSINESS ENTITIES pt hdg ins 1997 No. 76 s 11 Division 1—Preliminary div 1 (ss 791–792) ins 1997 No. 76 s 11 Division 2—Complaints about competitive neutrality div hdg ins 1997 No. 76 s 11 Local government to establish complaint process s 793 orig s 793 (incl in orig ch 14 pt 1 div 10) om R2 (see RA s 38) pres s 793 ins 1997 No. 76 s 11 Numbering and renumbering of Act s 793C ins 1997 No. 23 s 53 (incl in ch 18 pt 2) om R4 (see RA s 37) Requirements for complaint process s 794 ins 1997 No. 76 s 11 Grounds for complaint s 795 ins 1997 No. 76 s 11 Effect of complaint on activities s 796 ins 1997 No. 76 s 11 Referee to act fairly s 797 ins 1997 No. 76 s 11 Matters to be considered by referee on complaint s 798 ins 1997 No. 76 s 11 Definition s 798A ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Meaning of expressions used in ch 12A s 798B ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) First board of directors s 798C ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M)

867 Local Government Act 1993 Assets and liabilities of board s 798D ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Board’s employees s 798E ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Continuation of board does not affect legal personality etc. s 798F ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Assets and liabilities of scheme s 798G ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Trust deed s 798H ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Continuation of scheme does not affect members’ entitlements s 798I ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Members of relevant persons plan become members of scheme s 798J ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Assets and liabilities of relevant persons plan s 798K ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Local government entities s 798L ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Expiry of division s 798M ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Division 3—Investigation of complaints div hdg ins 1997 No. 76 s 11 Requirement of referee to investigate s 799 ins 1997 No. 76 s 11 Investigation notice s 800 ins 1997 No. 76 s 11 Effect of giving an investigation notice s 801 ins 1997 No. 76 s 11 General procedures s 802 orig s 802 (incl in orig ch 14 pt 2) om R1 (see RA s 40) prev s 802 ins 1994 No. 77 s 3 sch 1

868 Local Government Act 1993 om R2 (see RA s 37) pres s 802 ins 1997 No. 76 s 11 Consideration of submissions s 803 orig s 803 (incl in orig ch 14 pt 2) om R1 (see RA s 40) pres s 803 ins 1997 No. 76 s 11 Handling of documents s 804 orig s 804 (incl in orig ch 14 pt 3) om R1 (see RA s 40) prev s 804 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev s 809) pres s 804 ins 1997 No. 76 s 11 Confidential information s 805 prev s 805 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev s 809) pres s 805 ins 1997 No. 76 s 11 Division 4—Reports on complaints div hdg ins 1997 No. 76 s 11 Giving of reports s 806 prev s 806 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev s 809) pres s 806 ins 1997 No. 76 s 11 Contents of reports s 807 prev s 807 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev s 809) pres s 807 ins 1997 No. 76 s 11 amd 2002 No. 77 s 237; 2006 No. 36 s 101 sch; 1975 No. 11 s 283 (amd 2006 No. 36 s 69); 2009 No. 36 s 872 sch 2 Reports open to inspection s 808 prev s 808 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev s 809) pres s 808 ins 1997 No. 76 s 11 Local government decisions on recommendations s 809 prev s 809 (incl in R3 ch 15 pt 1 div 4) exp 26 March 1997 (see prev s 809) pres s 809 ins 1997 No. 76 s 11 Division 5—General provisions about complaints process div hdg ins 1997 No. 76 s 11 Disposal of documents held by referee s 810 prev s 810 (incl in R3 ch 15 pt 1 div 5) exp 26 March 1996 (see s 814 (as renum in R3)) prev s 810 ins 1996 No. 81 s 84 exp 1 May 1997 (see s 810(3)) pres s 810 ins 1997 No. 76 s 11 Protection from liability of referee or person assisting referee s 811 prev s 811 (incl in R3 ch 14 pt 1 div 5) exp 26 March 1996 (see s 814 (as renum in R3)) prev s 811 ins 1996 No. 81 s 84 exp 16 December 1996 (see s 811(4)) pres s 811 ins 1997 No. 76 s 11

869 Local Government Act 1993 Protection from liability of person giving information to referee s 812 prev s 812 (incl in R3 ch 14 pt 1 div 5) exp 26 March 1996 (see s 814 (as renum in R3)) prev s 812 ins 1996 No. 81 s 84 exp 1 May 1997 (see s 812(3)) pres 812 ins 1997 No. 76 s 11 Secrecy s 813 ins 1997 No. 76 s 11 Draft reports s 814 prev s 814 (incl in R3 ch 14 pt 1 div 5) exp 26 March 1996 (see s 814 (as renum in R3)) prev s 814 ins 1996 No. 81 s 84 exp 16 December 1996 (see s 814(3)) pres s 814 ins 1997 No. 76 s 11 Division 6—Provisions for Queensland Competition Authority as referee div hdg ins 1997 No. 76 s 11 Local government may resolve Queensland Competition Authority to be referee s 815 prev s 815 (incl in R3 ch 15 pt 1) exp 25 March 1996 (see prev s 817) pres s 815 ins 1997 No. 76 s 11 amd 2002 No. 77 s 238 Application of complaints process s 816 prev s 816 (incl in R3 ch 15 pt 1 div 6) amd 1995 No. 11 s 15 exp 25 March 1996 (see prev s 817) pres s 816 ins 1997 No. 76 s 11 Making a complaint s 817 (incl in R3 ch 15 pt 1 div 6) sub 1994 No. 77 s 3 sch 2 exp 25 March 1996 (see prev s 817) pres s 817 ins 1997 No. 76 s 11 Further information to support complaint s 818 ins 1997 No. 76 s 11 Application of part and Queensland Competition Authority Act 1997 s 819 ins 1997 No. 76 s 11 amd 1999 No. 30 s 97 Local government decisions on recommendations s 820 ins 1997 No. 76 s 11 PART 3—REFERENCES TO QUEENSLAND COMPETITION AUTHORITY pt hdg ins 1997 No. 76 s 11 Division 1—Application of part div hdg ins 1997 No. 76 s 11 Application of pt 3 s 821 ins 1997 No. 76 s 11 amd 2002 No. 77 s 239

870 Local Government Act 1993 Division 2—Institution of reference Reference of outcome of complaint to Queensland Competition Authority s 822 ins 1997 No. 76 s 11 Making a reference s 823 ins 1997 No. 76 s 11 Request for referee’s documents s 824 ins 1997 No. 76 s 11 Further information to support reference s 825 ins 1997 No. 76 s 11 Matters to be considered by Queensland Competition Authority in considering reference s 826 ins 1997 No. 76 s 11 Procedures for dealing with references s 827 ins 1997 No. 76 s 11 amd 1999 No. 30 s 97 Division 3—Reports of Queensland Competition Authority about references div 3 (ss 828–831 ) ins 1997 No. 76 s 11 PART 4—ACCREDITATION pt hdg ins 1997 No. 76 s 11 Application of pt 4 s 832 ins 1997 No. 76 s 11 amd 2002 No. 77 s 240 Purpose of accreditation s 833 ins 1997 No. 76 s 11 Application for accreditation s 834 ins 1997 No. 76 s 11 Investigation notice s 835 ins 1997 No. 76 s 11 Matters to be considered by authority for investigation s 836 ins 1997 No. 76 s 11 Procedures for investigations s 837 ins 1997 No. 76 s 11 amd 1999 No. 30 s 97 Decision on application s 838 ins 1997 No. 76 s 11 Conditions on grant of accreditation s 839 ins 1997 No. 76 s 11 Notice of decision s 840 ins 1997 No. 76 s 11 Publication of decision s 841 ins 1997 No. 76 s 11

871 Local Government Act 1993 Period of effect of accreditation s 842 ins 1997 No. 76 s 11 Surrender of accreditation s 843 ins 1997 No. 76 s 11 Cancellation of accreditation s 844 ins 1997 No. 76 s 11 Lists of accreditations s 845 ins 1997 No. 76 s 11 PART 5—MISCELLANEOUS pt 5 (ss 846–847) ins 1997 No. 76 s 11 CHAPTER 12—LOCAL LAWS AND SUBORDINATE LOCAL LAWS ch hdg amd 1999 No. 30 s 35 sch 2 pt 2 PART 1—PRELIMINARY Division 1—Object and application Object s 848 amd 1997 No. 42 s 18; 1999 No. 30 ss 97, 35 sch 2 pt 2 Division 2—Local laws and related concepts Meaning of “interim local law” s 852 amd 1999 No. 30 s 97 Meaning of “subordinate local law” s 853 sub 1999 No. 30 s 69 Local laws and subordinate local laws about development prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 854 ins 1997 No. 69 s 6.3.1 sch 9 (amd by 1998 No. 13 s 179) amd 1998 No. 31 s 85; 1999 No. 30 s 35 sch 2 pt 2; 1999 No. 90 s 1–2 pt 9 (as amd 2000 No. 35 s 24 (as from 13 September 2000)); 2000 No. 34 s 1144 sch 2 (retro); 2001 No. 29 s 3 sch; 2003 SL No. 64 s 127; 2003 No. 64 s 155 sch 1; 2004 No. 1 s 44(1) sch 1; 2004 No. 20 s 37; 2009 No. 36 s 872 sch 2 No jurisdiction to make local laws and subordinate local laws about distributing how-to-vote cards s 854A ins 2001 No. 29 s 8 amd 2002 No. 8 s 59 No jurisdiction to make local laws and subordinate local laws prohibiting placement of election signs or posters s 854AA ins 2003 No. 85 s 19 Local laws and subordinate local laws about airport landing charges s 854B ins 2003 No. 2 s 34 PART 2—MAKING LOCAL LAWS AND SUBORDINATE LOCAL LAWS pt hdg sub 1994 No. 77 s 3 sch 2 amd 1999 No. 30 s 35 sch 2 pt 2

872 Local Government Act 1993 Division 1—Making model local laws Application of division s 855 ins 1997 No. 23 s 40 Model local law process s 856 amd 1999 No. 30 s 97 Step 1—propose a law s 856A ins 1999 No. 30 s 52 Step 2—make a law prov hdg sub 1999 No. 30 s 53 s 857 amd 1997 No. 23 s 41 Step 3—give public notice of law prov hdg sub 1999 No. 30 s 54 s 858 amd 1997 No. 23 s 42 Division 2—Making interim local laws Step 1—propose a law s 860 amd 1999 No. 30 s 55 Step 2—get Minister’s agreement to use interim local law process s 861 sub 1999 No. 30 s 56 amd 1999 No. 30 s 70 Making proposed interim local law under div 3 s 863A ins 1999 No. 30 s 57 Division 3—Making other local laws Application of division s 864 ins 1997 No. 23 s 43 amd 1999 No. 30 s 58 Step 1—propose a law s 866 sub 1999 No. 30 s 59 Step 2—ensure proposed law satisfactorily deals with any State interest s 867 amd 1997 No. 23 s 44; 1999 No. 30 ss 60, 71; 2007 No. 31 s 11 Step 3—consult with public about proposed law s 868 amd 1999 No. 30 s 61 Step 7—again ensure proposed law satisfactorily deals with any State interest s 872 amd 1997 No. 23 s 45; 1999 No. 30 ss 62, 97 Step 9—give public notice of law s 874 amd 1997 No. 23 s 46 Division 4—Making subordinate local laws div hdg sub 1999 No. 30 s 35 sch 2 pt 2 Application of division s 875 ins 1997 No. 23 s 47

873 Local Government Act 1993 Subordinate local law process prov hdg sub 1999 No. 30 s 35 sch 2 pt 2 s 876 amd 1999 No. 30 s 35 sch 2 pt 2 Step 1—propose a subordinate local law prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 877 sub 1999 No. 30 s 63 amd 1999 No. 30 s 35 sch 2 pt 2 Step 2—consult with public about proposed subordinate local law prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 878 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 ss 97, 35 sch 2 pt 2 Step 3—give public access to proposed subordinate local law prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 879 amd 1999 No. 30 s 35 sch 2 pt 2 Step 4—accept and consider all submissions s 880 amd 1999 No. 30 s 35 sch 2 pt 2 Step 5—make proposed subordinate local law prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 881 amd 1997 No. 23 s 48; 1999 No. 30 ss 97, 35 sch 2 pt 2 Step 6—give public notice of subordinate local law prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 882 amd 1997 No. 23 s 49; 1999 No. 30 ss 72, 35 sch 2 pt 2 Early commencement under subordinate local law making process prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 883 ins 1994 No. 77 s 3 sch 2 amd 1999 No. 30 s 64; 1999 No. 30 s 35 sch 2 pt 2 Division 5—Anti-competitive provisions of proposed local laws and proposed subordinate local laws div hdg ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2 Application of division s 884 ins 1997 No. 23 s 50 (amd 1997 No. 42 s 19 sch) amd 1999 No. 30 s 35 sch 2 pt 2 Definitions for div 5 s 885 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2 Local laws and subordinate local laws not to be made unless local government complies with division prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 886 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2

874 Local Government Act 1993 Review of proposed local law or proposed subordinate local law to identify possible anti-competitive provisions prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 887 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2 Public interest test of possible anti-competitive provisions s 888 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2 Local government to decide on test and report process s 889 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2 Public interest test report to be presented to local government meeting s 890 ins 1997 No. 23 s 50 Local government to resolve whether to implement recommendations of public interest test s 891 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pts 1, 2 Public interest test reports are open to inspection s 892 ins 1997 No. 23 s 50 Regulation about public interest tests and public interest test reports s 893 ins 1997 No. 23 s 50 amd 1999 No. 30 s 35 sch 2 pt 2 Division 6—Anti-competitive provisions of existing local laws and existing subordinate local laws div 6 (ss 893A–893L) ins 2007 No. 31 s 12 PART 3—PUBLIC ACCESS TO LOCAL LAWS AND SUBORDINATE LOCAL LAWS pt hdg amd 1999 No. 30 s 35 sch 2 pt 2 Local laws and subordinate local laws available for inspection and purchase prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 894 amd 1994 No. 15 s 3 sch 2; 1999 No. 30 s 35 sch 2 pt 2 Subordinate local law register prov hdg sub 1999 No. 30 s 35 sch 2 pt 2 s 895 amd 1999 No. 30 s 35 sch 2 pt 2 PART 4—STATUS OF LOCAL LAWS, SUBORDINATE LOCAL LAWS AND CONSOLIDATED VERSIONS OF LOCAL LAWS AND SUBORDINATE LOCAL LAWS pt hdg amd 1999 No. 30 s 35 sch 2 pt 2; 2007 No. 31 s 13 Effect of expiry of interim local law s 896A ins 1999 No. 30 s 65 amd 1999 No. 30 s 35 sch 2 pt 2

875 Local Government Act 1993 Extent to which subordinate local law is binding prov hdg amd 1996 No. 81 s 65(1); 1999 No. 30 s 35 sch 2 pt 2 s 897 amd 1996 No. 81 s 65(2); 1999 No. 30 s 35 sch 2 pt 2 When subordinate local laws cease to have effect prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 897A ins 1999 No. 30 s 66 amd 1999 No. 30 s 35 sch 2 pt 2 Consolidated versions of local laws and subordinate local laws s 897B ins 2007 No. 31 s 14 Proof of local laws, subordinate local laws and consolidated versions of local laws and subordinate local laws prov hdg amd 1999 No. 30 s 35 sch 2 pt 2; 2007 No. 31 s 15(1) s 898 amd 1999 No. 30 s 35 sch 2 pt 2; 2007 No. 31 s 15(2) Local law and subordinate local law presumed to be within jurisdiction prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 899 amd 1999 No. 30 s 35 sch 2 pt 2 PART 5—REVIEW AND EXPIRY OF LOCAL LAWS AND SUBORDINATE LOCAL LAWS pt hdg ins 1999 No. 30 s 73 Definitions for pt 5 s 899A ins 1999 No. 30 s 73 def “expiry date” amd 2007 No. 21 s 51B(1); 2007 No. 31 s 16(1) def “first review date” amd 2007 No. 21 s 51B(2); 2007 No. 31 s 16(2) def “subsequent review date” amd 2007 No. 21 s 51B(2); 2007 No. 31 s 16(3) Expiry of local laws and subordinate local laws s 899B ins 1999 No. 30 s 73 Reviews of local laws and subordinate local laws s 899C ins 1999 No. 30 s 73 Repeal of redundant provision s 899D ins 1999 No. 30 s 73 CHAPTER 13—LOCAL GOVERNMENT INFRASTRUCTURE PART 2—ROADS Division 1—Control of roads Local governments’ control of roads s 901 amd 1999 No. 42 s 54(3) sch pt 3 Division 2—Realignment and widening of roads Realignment of lands s 902 amd 1999 No. 30 s 97 Compensation for realignment of land s 904 amd 1999 No. 30 s 97 Award of compensation s 908 amd 1999 No. 30 s 97

876 Local Government Act 1993 Realignment not carried out s 911 amd 1998 No. 13 s 191 sch; 1999 No. 30 s 97 Division 4—Miscellaneous Ancillary works and encroachments on roads s 919 amd 1995 No. 32 s 23 sch; 1994 No. 8 s 491(3) sch 5 (amd 2003 No. 54 ss 34, 39) Assessment of impacts on roads from certain activities s 919A ins 2003 No. 64 s 128 amd 2009 No. 36 s 872 sch 2 PART 2A—PUBLIC THOROUGHFARE EASEMENTS pt 2A (s 921A) ins 2005 No. 68 s 116 PART 3—MALLS pt hdg prev pt 3 hdg (incl in R1 ch 13) ins 1994 No. 1 s 7 exp 24 February 1995 (see orig s 752F) PART 4—MARINE AND AQUATIC MATTERS Harbours, jetties, breakwaters and ramps s 934 amd 1994 No. 49 s 6 sch 2; 1994 No. 81 s 527 sch 5; 1995 No. 57 s 4 sch 1 Canals s 934A ins 2001 No. 93 s 23 amd 2004 No. 53 s 2 sch; 2009 No. 36 s 872 sch 2 PART 5—LOCAL GOVERNMENT CONTROL OVER LEVEE BANKS Division 2—Control of levee banks Regulation of levee banks etc. s 938 amd 1999 No. 11 s 18 Decision on application for permission s 939 amd 2009 No. 24 s 1287 Issue of permit s 940 amd 1999 No. 30 s 97; 2009 No. 24 s 1288 Application for permission for existing levee banks s 941 amd 1999 No. 30 s 97 Division 3—Review by QCAT div hdg sub 2009 No. 24 s 1289 Who may apply for review s 942 amd 2000 No. 34 s 1144 sch 2 sub 2009 No. 24 s 1289 Decision on appeal s 943 amd 1999 No. 30 s 97 om 2009 No. 24 s 1289 Duties of appeal tribunal s 944 om 2009 No. 24 s 1289 Appeal tribunal may decide procedures s 945 om 2009 No. 24 s 1289

877 Local Government Act 1993 Appeal tribunal’s powers s 946 om 2009 No. 24 s 1289 Representation before appeal tribunal s 947 om 2009 No. 24 s 1289 Prosecution of appeal s 948 om 2009 No. 24 s 1289 Notice to witness s 949 om 2009 No. 24 s 1289 Duty of witness at appeal s 950 amd 1999 No. 30 s 97 om 2009 No. 24 s 1289 Contempt of appeal tribunal s 951 om 2009 No. 24 s 1289 Change of person forming appeal tribunal s 952 om 2009 No. 24 s 1289 Costs of appeal s 953 om 2009 No. 24 s 1289 Recovery on orders of appeal tribunal s 954 om 2009 No. 24 s 1289 PART 6—KURANDA RAIL LINE pt hdg ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Division 1—Preliminary div hdg ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Definitions for pt 6 s 955A ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) def “Kuranda rail operator” amd 1994 No. 8 s 491(3) sch 5 (amd 2003 No. 54 ss 34, 39) Division 2—Tourist infrastructure levy div hdg ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Imposition of levy s 955B ins 2001 No. 29 s 9 amd 2008 No. 13 s 20 sch exp 30 June 2015 (see s 955H) Payment of levy s 955C ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H)

878 Local Government Act 1993 Unpaid levy interest s 955D ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Recovery of unpaid amounts s 955E ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Division 3—Miscellaneous provisions div hdg ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Obligation to give annual statements s 955F ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) How levy is to be applied s 955G ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Division 4—Expiry of part 6 div hdg ins 2001 No. 29 s 9 amd 2008 No. 13 s 20 sch exp 30 June 2015 (see s 955H) Expiry s 955H ins 2001 No. 29 s 9 exp 30 June 2015 (see s 955H) Division 5—Expiry of part div hdg om 1999 No. 11 s 19 PART 7—STORMWATER DRAINAGE pt hdg ins 2002 No. 77 s 226 Local government may require stormwater to discharge to its stormwater drainage s 956 prev s 956 sub 1994 No. 77 s 3 sch 2 amd 1996 No. 81 s 66 om 1999 No. 11 s 19 pres s 956 ins 2002 No. 77 s 226 Approval required to connect s 956A ins 2002 No. 77 s 226 Sanitary drainage must not connect to stormwater drainage s 956B ins 2002 No. 77 s 226 Owner may be directed to do certain work s 956C ins 2002 No. 77 s 226 Prohibition on discharge of prohibited substances and trade waste into stormwater drainage s 956D ins 2002 No. 77 s 226 Cost of repairing damaged stormwater drainage s 956E ins 2002 No. 77 s 226

879 Local Government Act 1993 Interference with path of stormwater s 956F ins 2002 No. 77 s 226 PART 8—SPECIAL ENTERTAINMENT PRECINCTS pt hdg ins 2005 No. 54 s 30 Establishment of special entertainment precinct s 956G ins 2005 No. 54 s 30 amd 2008 No. 36 s 8 sch; 2009 No. 36 s 872 sch 2 CHAPTER 14—RATES AND CHARGES PART 1—GENERAL Division 1—Rateable land What land is rateable s 957 amd 1995 No. 32 s 23 sch; 1996 No. 81 s 15 sch; 2008 No. 46 s 128; 2009 No. 36 s 872 sch 2 Division 2—Averaging of valuations div hdg orig ch 14 pt 1 div 2 hdg exp 26 March 1995 (see orig s 761(1)) Local government may decide to average land values for rating purposes s 959 amd 1999 No. 30 s 97 Division 3—Opening and closure of roads div hdg orig ch 14 pt 1 div 3 hdg exp 26 March 1995 (see orig s 768) Subdivision A—Review of local government matters sdiv hdg orig ch 14 pt 1 div 3 sdiv A hdg exp 26 March 1995 (see orig s 768) Subdivision B—Local Government Grants Commission sdiv hdg orig ch 14 pt 1 div 3 sdiv B hdg exp 26 March 1995 (see orig s 768) Subdivision C—Expiry sdiv hdg orig ch 14 pt 1 div 3 sdiv C hdg exp 26 March 1995 (see orig s 768) Division 4—Miscellaneous div hdg orig ch 14 pt 1 div 4 hdg exp 26 October 1994 (see orig s 769(3)) prev ch 14 pt 1 div 4 hdg (orig ch 14 pt 1 div 9 (renum in R2)) exp 26 March 1997 (see s 809 as renum in R2) Division 5—Local government elections div hdg orig ch 14 pt 1 div 5 hdg exp 7 December 1994 (see orig s 772) Division 8—Local government infrastructure div hdg orig ch 14 pt 1 div 8 hdg exp 26 March 1995 (see orig s 786) Division 10—Provisions aiding the local government div hdg orig ch 14 pt 1 div 10 hdg om R2 (see RA s 38) Division 11A—Local Government Superannuation div hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1) exp 2 July 1995 (see s 798M) Subdivision A—Interpretation sdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M)

880 Local Government Act 1993 Subdivision B—Local Government Superannuation Board sdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Subdivision C—Local Government Employee’s Superannuation Scheme and relevant persons plan sdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) Subdivision D—Miscellaneous sdiv hdg ins 1995 No. 11 s 14 (incl in orig ch 14 pt 1 div 11A) exp 2 July 1995 (see s 798M) PART 2—MAKING AND LEVYING RATES AND CHARGES pt hdg orig ch 14 pt 2 hdg om R1 (see RA s 40) Power to make and levy rates and charges s 963 amd 2003 No. 2 s 35 Making of rates and charges s 964 amd 1999 No. 30 s 97; 2003 No. 2 s 22(2) sch Differential general rate s 966 amd 1997 No. 28 s 295 sch 3; 1999 No. 30 s 97 Minimum general rate levy s 967 amd 1999 No. 30 s 78; 2003 No. 2 s 36 Minimum general rate levy on time shared property s 968 amd 1997 No. 28 s 295 sch 3 Special rates and charges s 971 amd 1994 No. 71 s 9 (retro); 1999 No. 30 s 79; 2003 No. 2 s 37 Adjustment of special rates and charges s 971A ins 1999 No. 30 s 80 amd 2003 No. 2 s 38 Refund of special rates and charges—special circumstances s 971B ins 2003 No. 2 s 39 Separate rates and charges s 972 amd 1994 No. 71 s 10 (retro); 2003 No. 2 s 40 Utility charges s 973 amd 1994 No. 71 s 11 (retro); 1996 No. 81 s 67; 2003 No. 2 s 41 Utility charges for facilities under construction s 973AA ins 2003 No. 2 s 42 Validity of particular utility charges s 973A ins 2000 No. 4 s 8 General charges s 974 om 2003 No. 2 s 43 Register of charges s 975 om 2003 No. 2 s 43

881 Local Government Act 1993 PART 3—CATEGORISATION OF LAND FOR DIFFERENTIAL RATING pt hdg orig ch 14 pt 3 hdg om R1 (see RA s 40) Division 1—Categorisation of land Land must be categorised for differential general rates s 976 amd 1994 No. 77 s 3 sch 2 Establishment criteria and categories s 977 amd 2003 No. 2 s 44 Identification of categories for parcels of land s 978 amd 2001 No. 92 s 24 Division 2—Entry on land for categorisation Meaning of “authorised person” for division s 980 amd 2001 No. 92 s 25 Purposes for which powers may be exercised s 981 amd 1999 No. 30 s 97 Division 3—Notice of categorisation Notice to owner of categorisation s 983 amd 1994 No. 77 s 3 sch 2; 2001 No. 92 s 26; 2003 No. 2 s 45 Division 4—Objections and appeals Owner’s objection to categorisation s 984 amd 1999 No. 30 s 97; 2001 No. 92 s 27 Decision on owner’s objection s 985 amd 2001 No. 92 s 28 Right of appeal against decision s 987 amd 2001 No. 92 s 29 Where and how to start appeal s 988 amd 2000 No. 1 s 86 sch 1; 2001 No. 92 s 30 Constitution and procedure of Land Court s 989 amd 2000 No. 1 s 86 sch 1 Division 5—Late categorisation Late categorisation s 992 amd 2001 No. 92 s 31 Time of effect of late categorisation s 993 amd 1999 No. 30 s 97 PART 4—LAND RECORD OF LOCAL GOVERNMENT Division 1—Land record Amendment of land record s 996 amd 2001 No. 92 s 32; 2009 No. 24 s 1290 Division 2—Review of decisions by QCAT to amend land record div hdg sub 2009 No. 24 s 1291

882 Local Government Act 1993 Who may apply for review s 999 amd 1999 No. 30 s 97; 2003 No. 2 s 22(2) sch sub 2009 No. 24 s 1291 Powers of QCAT on review s 1000 sub 2009 No. 24 s 1291 Hearing procedures s 1001 om 2009 No. 24 s 1291 Powers of Magistrates Courts on appeal s 1002 om 2009 No. 24 s 1291 Appeal of District Court on question of law only s 1003 amd 1999 No. 19 s 3 sch om 2009 No. 24 s 1291 Division 3—Notices of change in ownership Notice of sale of land s 1004 amd 2003 No. 2 s 48 Notice of change in ownership s 1006 amd 1999 No. 30 s 97 Notice of sale or change in ownership by new owner s 1006A ins 2003 No. 2 s 49 Result of failure to give notice of change in ownership s 1007 amd 1999 No. 30 s 97; 2003 No. 2 s 50 PART 5—LEVYING AND PAYMENT OF RATES Division 1—Levying of rates Levying rates s 1008 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 ss 81–83; 2003 No. 2 s 51 Division 2—Payment of rates Person who is liable to pay rate s 1010 amd 1999 No. 30 s 97 Time within which rates must be paid s 1014 sub 1999 No. 30 s 84 Payment by instalments s 1015 amd 1996 No. 81 s 68; 2003 No. 2 s 52 Division 3—Overdue rates Meaning of “overdue rate” s 1016 amd 1996 No. 81 s 69; 1999 No. 30 s 97; 2003 No. 2 s 53 Overdue rates may bear interest s 1018 amd 1994 No. 77 s 3 sch 2 Division 4—Discounts and other benefits for prompt payment of rates Discount for prompt payment s 1019 sub 1999 No. 30 s 85 amd 2003 No. 2 s 54

883 Local Government Act 1993 Discount if payment of rates by instalments s 1020 sub 1999 No. 30 s 85 Discount if special circumstances prevent prompt payment s 1021 sub 1999 No. 30 s 85 Discount if other rates are overdue s 1022 sub 1999 No. 30 s 85 Other benefits for prompt payment s 1023 amd 1996 No. 81 s 70 (2)–(4) exp 30 June 1998 (see s 1023(4)) Division 5—Changes to land that affect rates Subdivision 1—General Basis on which a rate is levied s 1025 amd 1999 No. 30 s 97 Subdivision 2—Changes affecting rates Land included in new rating category s 1029 amd 1999 No. 30 s 35 sch 2 pt 1 Land becomes or ceases to be land on which a special rate or charge may be levied s 1030A ins 1999 No. 30 s 86 PART 6—CONCESSIONS Division 1—Concessions for individual land owners div hdg ins 2003 No. 2 s 22(2) sch Remission, composition and settlement of rates s 1031 amd 1996 No. 81 s 71; 1999 No. 30 s 97; 2003 No. 2 s 55 Deferral of liability to pay rates s 1032 amd 1996 No. 81 s 72; 1999 No. 30 s 97; 2003 No. 2 s 56 Resort to remission, composition, settlement or deferral requires justification s 1033 amd 1994 No. 77 s 3 sch 2; 1997 No. 42 s 19 sch; 1999 No. 30 s 97 Remission for occupancy by pensioners s 1034 amd 1999 No. 30 s 97 Conditions on exercise of concession powers under div 1 prov hdg amd 2003 No. 2 s 22(2) sch s 1035 amd 1999 No. 30 s 35 sch 2 pt 1; 2003 No. 2 s 57 Division 2 Concessions for classes of land owners div hdg ins 2003 No. 2 s 58 Local government may grant concessions to classes of land owners s 1035A ins 2003 No. 2 s 58 Division 3—Limitation on rate increases div hdg ins 2003 No. 2 s 22(2) sch Limitation of increase in rate levied s 1036 amd 1994 No. 77 s 3 sch 2; 2003 No. 2 s 59; 2003 No. 85 s 20

884 Local Government Act 1993 PART 7—RECOVERY OF RATES Division 2—Registering charges for, and recover of, overdue rates div hdg sub 2003 No. 2 s 22(2) sch Registering charge over land s 1037A ins 2003 No. 2 s 60 Recovery by court action s 1038 amd 1994 No. 77 s 3 sch 2; 2003 No. 2 s 61 Division 3—Sale of land for overdue rates Application for division s 1039 amd 2003 No. 2 s 62 Power of sale s 1040 amd 1999 No. 30 s 97 Local government must first give notice s 1041 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 35 sch 2 pt 1 Starting and ending of sale procedures s 1042 amd 1994 No. 77 s 3 sch 2; 1996 No. 81 s 73 Procedures for sale s 1043 amd 1994 No. 77 s 3 sch 2; 1997 No. 28 s 295 sch 3 Reserve price at auction s 1044 amd 1996 No. 81 s 74; 1999 No. 30 s 96; 2003 No. 2 s 63 Unsold land acquired by local government s 1046 amd 1999 No. 30 s 97 Application of proceeds of sale s 1047 amd 1999 No. 30 s 97; 2005 No. 33 s 16 (retro) Sale operates as a discharge s 1048 amd 1999 No. 30 s 97 Issue of title prov hdg amd 1994 No. 77 s 3 sch 2 s 1049 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 97 Acquisition by local government of title to land s 1050 amd 1999 No. 30 s 97 Division 4—Acquisition by local government of valueless land Purpose of this division s 1051 sub 1994 No. 77 s 3 sch 2 amd 1999 No. 30 s 97; 2003 No. 2 s 64 Resolution to remove valueless land from land record s 1051A (prev s 997) amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 97; 2003 No. 2 s 46(1)–(3) renum and reloc 2003 No. 2 s 46(4) Local government must first give notice s 1052 amd 1994 No. 77 s 3 sch 2

885 Local Government Act 1993 Restoration of valueless land to land record s 1052A (prev s 998) amd 1999 No. 30 s 97 renum and reloc 2003 No. 2 s 47 Application to be registered as owner s 1053 amd 1994 No. 77 s 3 sch 2 Priority of State preserved—housing Act contracts s 1057A ins 2002 No. 20 s 13 sub 2005 No. 33 s 17 (retro) CHAPTER 15—PROVISIONS AIDING LOCAL GOVERNMENT PART 1—EXTENDED APPLICATION OF CHAPTER Application of chapter to Brisbane City Council s 1059 amd 1999 No. 30 s 97 Division 5—Local government staff div hdg prev div 5 hdg (incl in R3 ch 15 pt 1) exp 26 March 1996 (see s 814 (as renum in R3)) Division 6—General div hdg prev div 6 hdg (incl in R3 ch 15 pt 1) exp 25 March 1996 (see s 817 (as renum in R3)) PART 2—POWERS UNDER THIS CHAPTER pt hdg ins 1994 No. 77 s 4 Powers of entry s 1060 ins 1994 No. 77 s 4 amd 1999 No. 30 s 97 PART 3—RIGHT TO TAKE MATERIALS pt hdg (prev pt 2 hdg) renum 1994 No. 77 s 3 sch 1 PART 4—EXECUTION OF LOCAL GOVERNMENT ACTS pt hdg prev pt 4 hdg om 1994 No. 77 s 8 pres pt 4 hdg (prev pt 3 hdg) renum 1994 No. 77 s 3 sch 1 Division 1—Compliance with requirements of local government Acts Order on occupier who refuses entry s 1063 amd 1994 No. 77 s 5 Performing work for owner or occupier s 1066 sub 1994 No. 77 s 6 amd 1999 No. 30 s 97 Cost of work a charge over land s 1068 amd 1999 No. 30 s 97; 2003 No. 2 s 65 Division 2—Entry on land Entry on land for local government purposes s 1070 sub 1994 No. 77 s 7 amd 1999 No. 30 s 97; 2006 No. 36 s 95G Compensation for loss or damage s 1071 amd 1999 No. 30 s 97

886 Local Government Act 1993 Division 2A—Regulatory fees div hdg ins 2003 No. 2 s 66 Power to fix regulatory fees s 1071A ins 2003 No. 2 s 66 amd 2003 No. 64 s 129; 2005 No. 39 s 6; 2006 No. 36 s 101 sch Regulation may prescribe circumstances in which regulatory fee can include tax s 1071B ins 2003 No. 2 s 66 Requirements of local law or resolution fixing regulatory fee including tax component s 1071C ins 2003 No. 2 s 66 Tax component of prescribed regulatory fees applies only to rateable land s 1071D ins 2003 No. 2 s 66 Register of regulatory fees s 1071E ins 2003 No. 2 s 66 amd 2003 No. 64 s 130; 2009 No. 36 s 872 sch 2 Division 3—General Obstructing execution of local government Act etc. s 1072 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 97 Police officer may require name and address s 1073 om 2000 No. 5 s 461 sch 3 Direction power of police officers about malls s 1074 om 2000 No. 5 s 461 sch 3 Power to arrest persons s 1075 amd 1999 No. 30 s 35 sch 2 pt 1 om 2000 No. 5 s 461 sch 3 Fines s 1076 amd 1994 No. 77 s 3 sch 2 Indictable and summary offences s 1077 sub 1997 No. 23 s 51 amd 2002 No. 77 s 227; 2007 No. 21 s 52 Designated election offences and application of Criminal Code s 1077A ins 2007 No. 21 s 53 amd 2009 No. 17 s 331 sch 1 amdt 18 reloc (as 2009 No. 17 sch 2 s 1077A) 2009 No. 17 s 331 sch amdt 19 Proceedings for indictable offences s 1078 ins 1997 No. 23 s 51 Limitation on who may summarily hear indictable offence proceedings s 1079 ins 1997 No. 23 s 51 Limitation on time for starting summary proceedings s 1080 ins 1997 No. 23 s 51 amd 2003 No. 85 s 28 sch

887 Local Government Act 1993 PART 5—ENFORCEMENT OF LOCAL GOVERNMENT ACTS pt hdg ins 1994 No. 77 s 8 Division 1—Interpretation div hdg ins 1994 No. 77 s 8 Definitions for pt 5 prov hdg sub 2001 No. 98 s 16(1) s 1082 sub 1994 No. 77 s 8 def “budget accommodation building” ins 2002 No. 7 s 15 amd 1975 No. 11 s 283 (amd 2006 No. 36 s 69) References to “local government” and “authorised person” s 1083 sub 1994 No. 77 s 8 Division 2—Authorised persons div hdg ins 1994 No. 77 s 8 Appointment s 1084 sub 1994 No. 77 s 8 Limitation on authorised person’s powers s 1085 sub 1994 No. 77 s 8 Authorised person’s appointment conditions s 1086 sub 1994 No. 77 s 8 Authorised persons’s identity card s 1087 sub 1994 No. 77 s 8 Production of identity card s 1088 sub 1994 No. 77 s 8 Offences s 1089 ins 1994 No. 77 s 8 Division 3—Infringement notice offences div hdg ins 1994 No. 77 s 8 Power to require name and address s 1090 ins 1994 No. 77 s 8 Division 4—Investigations about offences div hdg ins 1994 No. 77 s 8 Entry to places s 1091 ins 1994 No. 77 s 8 Agreement to entry s 1092 ins 1994 No. 77 s 8 Evidence of agreement s 1093 ins 1994 No. 77 s 8 Division 5—Warrants div hdg ins 1994 No. 77 s 8

888 Local Government Act 1993 Warrants for entry s 1094 ins 1994 No. 77 s 8 Warrants—applications made otherwise than in person s 1095 ins 1994 No. 77 s 8 Division 6—Monitoring authorisations and notices and processing applications div hdg ins 1994 No. 77 s 8 Monitoring authorisations and processing applications s 1096 ins 1994 No. 77 s 8 amd 2002 No. 7 s 17; 2006 No. 36 s 101 sch Limitation on entry to residence s 1097 ins 1994 No. 77 s 8 Division 7—Approved inspection programs div hdg ins 1994 No. 77 s 8 Approval of inspection program s 1098 ins 1994 No. 77 s 8 amd 2002 No. 7 s 16 Notice of proposed inspection program s 1099 ins 1994 No. 77 s 8 Access to program s 1100 ins 1994 No. 77 s 8 Power of entry under approved inspection program s 1101 ins 1994 No. 77 s 8 amd 2002 No. 7 s 18; 2006 No. 36 s 101 sch Division 7A—Monitoring commission water restrictions div 7A (s 1101A) ins 2007 No. 57 s 28 Division 8—Powers on entry div hdg ins 1994 No. 77 s 8 General powers after entering places s 1102 ins 1994 No. 77 s 8 amd 1999 No. 30 s 35 sch 2 pt 1, s 97; 2007 No. 57 s 29 Division 9—Other enforcement matters div hdg ins 1994 No. 77 s 8 Authorised person to give notice of damage s 1103 ins 1994 No. 77 s 8 Compensation s 1104 ins 1994 No. 77 s 8 Division 10—Special provision for local laws about dogs div hdg ins 1994 No. 77 s 8 om 2008 No. 74 s 228 Local laws about dogs s 1105 ins 1994 No. 77 s 8

889 Local Government Act 1993 amd 1996 No. 81 s 75; 1997 No. 76 s 12; 1999 No. 30 s 97; 2001 No. 98 s 17 om 2008 No. 74 s 228 Division 11—Consideration of errors or omissions in registers of interests and election disclosure returns div hdg ins 2007 No. 21 s 54 Subdivision 1—Preliminary sdiv 1 (ss 1105A) ins 2007 No. 21 s 54 Subdivision 2—Investigating officers sdiv 2 (ss 1105B–1105I) ins 2007 No. 21 s 54 Subdivision 3—Investigations sdiv 3 (ss 1105J–1105O) ins 2007 No. 21 s 54 Subdivision 4—Chief executive officer’s authority under division 11 sdiv hdg ins 2007 No. 21 s 54 amd 2008 No. 13 s 20 sch Chief executive officer not subject to local government s 1105P ins 2007 No. 21 s 54 PART 6—LEGAL PROCESSES INVOLVING LOCAL GOVERNMENTS pt hdg (prev pt 5 hdg) renum 1994 No. 77 s 3 sch 1 Exemption from stating law in the case of substituted service s 1109 amd 1999 No. 30 s 97 Service on time share owners s 1110 amd 1999 No. 30 s 97 Judges and other office holders not disqualified from adjudicating s 1112 sub 2002 No. 34 s 74 sch 6 PART 7—EVIDENTIARY MATTERS pt hdg (prev pt 6 hdg) renum 1994 No. 77 s 3 sch 1 Proof of proceedings of local government s 1115 amd 2008 No. 5 s 25 Evidentiary value of land record s 1116 amd 2008 No. 5 s 26 Proof of complainant’s knowledge of matter s 1121 ins 1997 No. 23 s 52 PART 8—GENERAL ADMINISTRATIVE MATTERS pt hdg (prev pt 7 hdg) renum 1994 No. 77 s 3 sch 1 Ownership of things in local government’s control s 1122 amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 97; 2002 No. 77 s 228 Changes affecting time share schemes s 1125 amd 1999 No. 30 s 97

890 Local Government Act 1993 CHAPTER 16—LOCAL GOVERNMENT STAFF PART 2—EMPLOYMENT OF STAFF AND PERSONNEL PRACTICES Personnel practices s 1130 amd 1996 No. 81 s 76; 2009 No. 24 s 1292 PART 3—CHIEF EXECUTIVE OFFICER AND OTHER EMPLOYEES Delegation by chief executive officer s 1132 amd 1999 No. 30 ss 74, 97 PART 3A—EQUAL OPPORTUNITY OF EMPLOYMENT pt hdg ins 2009 No. 24 s 1293 Division 1—Purpose of part and related matters div hdg ins 2009 No. 24 s 1293 Purpose and role of EEO s 1137A ins 2009 No. 24 s 1293 How purpose is to be achieved s 1137B ins 2009 No. 24 s 1293 Merit principle reinforced s 1137C ins 2009 No. 24 s 1293 Exemption from compliance with this part s 1137D ins 2009 No. 24 s 1293 Division 2—Development of equal employment opportunity management plan div hdg ins 2009 No. 24 s 1293 Local government to develop EEO management plan s 1137E ins 2009 No. 24 s 1293 Division 3—Implementation of plan div hdg ins 2009 No. 24 s 1293 Local government to give effect to EEO management plan s 1137F ins 2009 No. 24 s 1293 Employment powers to be exercised having regard to EEO management plan s 1137G ins 2009 No. 24 s 1293 Division 4—Supervision by chief executive div hdg ins 2009 No. 24 s 1293 Chief executive may take action if dissatisfied with EEO management s 1137H ins 2009 No. 24 s 1293 Local government to comply with recommendation unless chief executive notified s 1137I ins 2009 No. 24 s 1293 Chief executive’s power if local government does not act or give satisfactory reasons s 1137J ins 2009 No. 24 s 1293 Division 5—Supervision by QCAT div hdg ins 2009 No. 24 s 1293

891 Local Government Act 1993 QCAT’s powers for an investigation s 1137K ins 2009 No. 24 s 1293 (amd 2009 No. 48 s 105) End of reference s 1137L ins 2009 No. 24 s 1293 Recommendation may be to amend EEO management plan s 1137M ins 2009 No. 24 s 1293 Local government to comply with recommendation s 1137N ins 2009 No. 24 s 1293 Division 6—Tabling of reports and review of division div hdg ins 2009 No. 24 s 1293 Minister may table report s 1137O ins 2009 No. 24 s 1293 PART 4—OBLIGATIONS OF LOCAL GOVERNMENT EMPLOYEES Registers of interests s 1139 amd 1994 No. 77 s 3 sch 2 PART 5—DISCIPLINARY ACTION Suspension of employees s 1149 amd 1999 No. 30 s 97 PART 6—APPEALS ABOUT DISCIPLINARY ACTION Appeal against disciplinary action s 1151 amd 1999 No. 33 s 747 sch 3 Decisions open to appeal tribunal s 1156 amd 1999 No. 30 s 97 Preliminary hearing of appeals s 1160 amd 1999 No. 30 s 97 Duty of witness at appeal s 1164 amd 1999 No. 30 s 97 Costs of appeal s 1168 amd 1999 No. 30 s 97 CHAPTER 17—SUPERANNUATION ch hdg ins 1995 No. 11 s 12 PART 1—INTERPRETATION pt hdg ins 1995 No. 11 s 12 Definitions s 1170 ins 1995 No. 11 s 12 def “Commonwealth Superannuation Act” om 2008 No. 13 s 20 sch def “contributory member” amd 2008 No. 13 s 20 sch def “LG Super scheme” ins 2008 No. 13 s 22(2) def “local government entity” amd 2003 No. 85 s 21 def “member” amd 2008 No. 13 s 20 sch def “non-contributory member” amd 2008 No. 13 s 20 sch def “scheme” om 2008 No. 13 s 22(1)

892 Local Government Act 1993 Meaning of “permanent employee” s 1171 ins 1995 No. 11 s 12 amd 2004 No. 37 s 86 sch 1 PART 2—QUEENSLAND LOCAL GOVERNMENT SUPERANNUATION BOARD pt hdg ins 1995 No. 11 s 12 Division 1—Establishment, functions and powers of board div hdg ins 1995 No. 11 s 12 Establishment of board s 1172 ins 1995 No. 11 s 12 Legal status of board s 1173 ins 1995 No. 11 s 12 Board’s functions s 1174 ins 1995 No. 11 s 12 amd 2008 No. 13 s 20 sch Board’s powers s 1175 ins 1995 No. 11 s 12 Division 2—Board of directors div hdg ins 1995 No. 11 s 12 Board of directors s 1176 ins 1995 No. 11 s 12 Role of the board of directors s 1177 ins 1995 No. 11 s 12 Composition of board of directors s 1178 ins 1995 No. 11 s 12 amd 2008 No. 13 s 20 sch Division 3—General div hdg ins 1995 No. 11 s 12 Delegation of board’s powers s 1179 ins 1995 No. 11 s 12 PART 3—LOCAL GOVERNMENT SUPERANNUATION SCHEME pt hdg ins 1995 No. 11 s 12 Division 1—Continuation and membership of scheme div hdg ins 1995 No. 11 s 12 Scheme continued s 1180 ins 1995 No. 11 s 12 amd 2003 No. 85 s 28 sch; 2008 No. 13 s 23; 2009 No. 17 s 331 sch 1 Membership of LG Super scheme s 1181 ins 1995 No. 11 s 12 sub 2008 No. 13 s 24 Division 2—Contributions for permanent employees div hdg ins 1995 No. 11 s 12

893 Local Government Act 1993 Local governments’ liability for permanent employees s 1182 ins 1995 No. 11 s 12 amd 2005 No. 26 s 20; 2008 No. 13 s 25; 2009 No. 17 s 331 sch 1 Permanent employees’ liability for contributions s 1183 ins 1995 No. 11 s 12 amd 1996 No. 81 s 77; 2008 No. 13 s 26 Election by permanent employee to cease contributions s 1183A ins 2005 No. 26 s 21 om 2008 No. 13 s 27 Additional contributions to LG Super scheme prov hdg amd 2008 No. 13 s 28(1) s 1184 ins 1995 No. 11 s 12 amd 2008 No. 13 s 28 Contributions may be deducted from employees’ salaries s 1185 ins 1995 No. 11 s 12 Adjustment of contributions because of change in salary s 1186 ins 1995 No. 11 s 12 amd 2008 No. 13 s 29 Division 3—Contributions for non-contributory members div hdg ins 1995 No. 11 s 12 Local governments’ liability for non-contributory members s 1187 ins 1995 No. 11 s 12 amd 2008 No. 13 s 20 sch Division 4—General div hdg ins 1995 No. 11 s 12 Interest payable on outstanding contributions s 1188 ins 1995 No. 11 s 12 amd 2008 No. 13 s 20 sch PART 4—MISCELLANEOUS pt hdg ins 1995 No. 11 s 12 Prohibition on local governments establishing certain superannuation schemes s 1189 ins 1995 No. 11 s 12 Management of other superannuation schemes s 1190 ins 1995 No. 11 s 12 Relevant persons superannuation schemes s 1191 ins 1995 No. 11 s 12 Auditor-general’s role s 1192 ins 1995 No. 11 s 12 Application of chapter to board’s employees s 1193 ins 1995 No. 11 s 12

894 Local Government Act 1993 Provision for local government employees transferred to new water entities s 1193AA ins 2007 No. 58 s 117 sch 2 CHAPTER 17A—REGULATION OF RESTRICTED DOGS ch hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 PART 1—PRELIMINARY pt hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 1—Purpose and application of chapter div hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Purpose of ch 17A and its achievement s 1193A ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Application to Brisbane City Council s 1193B ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Application to Torres Strait Islander local governments prov hdg amd 2004 No. 37 s 86 sch 1 s 1193C ins 2001 No. 98 s 18 amd 2004 No. 37 s 86 sch 1 om 2007 No. 59 s 125 Relationship with local laws s 1193D ins 2001 No. 98 s 18 amd 2002 No. 37 s 2 sch om 2008 No. 74 s 229 Division 2—Interpretation for chapter div hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 What is a “restricted dog” s 1193E ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Who is an “owner” of a restricted dog s 1193F ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Who is a “responsible person” for a restricted dog s 1193G ins 2001 No. 98 s 18 om 2008 No. 74 s 229 When a dog is under “effective control” s 1193H ins 2001 No. 98 s 18 amd 2002 No. 37 s 2 sch om 2008 No. 74 s 229

895 Local Government Act 1993 Definitions for ch 17A s 1193I ins 2001 No. 98 s 18 om 2008 No. 74 s 229 PART 2—RESTRICTIONS AND PROHIBITIONS pt 2 (ss 1193J–1193P) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 PART 3—RESTRICTED DOG PERMITS pt hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 1—Obtaining permit div hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Subdivision 1—Permit applications sdiv hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Who may apply for permit s 1193Q ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Requirements for application s 1193R ins 2001 No. 98 s 18 amd 2003 No. 2 s 22(2) sch om 2008 No. 74 s 229 Local government may seek further documents or information s 1193S ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Deciding application s 1193T ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Criteria for decision s 1193U ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Subdivision 2—Action after decision on application sdiv hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Grant of application s 1193V ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Permit term s 1193W ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Notice of refusal of permit application s 1193X ins 2001 No. 98 s 18 om 2008 No. 74 s 229

896 Local Government Act 1993 Division 2—Permit conditions div 2 (ss 1193Y–1193ZG) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 3—Renewals div hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 When permit may be renewed s 1193ZH ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Requirements for application s 1193ZI ins 2001 No. 98 s 18 amd 2003 No. 2 s 22(2) sch om 2008 No. 74 s 229 Deciding application s 1193ZJ ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Renewed term s 1193ZK ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 4—Amendments div 4 (ss 1193ZL–1193ZM) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 5—Miscellaneous provisions div 5 (ss 1193ZN–1193ZP) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 PART 4—RESTRICTED DOG DECLARATIONS pt 4 (ss 1193ZQ–1193ZW) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 PART 5—ENFORCEMENT MATTERS pt hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 1—Preliminary div 1 (s 1193ZX) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 2—Compliance notices div 2 (ss 1193ZY–1193ZZA) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 3—Powers for restricted dogs div 3 (ss 1193ZZB–1193ZZG) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 PART 6—APPEALS pt 6 (ss 1193ZZH–1193ZZM) ins 2001 No. 98 s 18 om 2008 No. 74 s 229

897 Local Government Act 1993 PART 7—MISCELLANEOUS PROVISIONS pt hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 1—Evidentiary aids div 1 (ss 1193ZZN–1193ZZQ) ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Division 2—Other provisions div hdg ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Failure to decide application taken to be refusal s 1193ZZR ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Surrender of restricted dog s 1193ZZS ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Defence for restricted dog owner s 1193ZZT ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Recovery of seizure or destruction costs s 1193ZZU ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Payment of penalties for offences against ch 17A s 1193ZZV ins 2001 No. 98 s 18 om 2008 No. 74 s 229 Cost of restricted dog enclosure—dividing fence s 1193ZZW ins 2001 No. 98 s 18 amd 2008 No. 73 s 554 sch 1 om 2008 No. 74 s 229 Chapter does not affect other rights or remedies s 1193ZZX ins 2001 No. 98 s 18 om 2008 No. 74 s 229 CHAPTER 18—GENERAL PART 2—MISCELLANEOUS Approval of forms s 1202 ins 1996 No. 81 s 78 Regulation-making power s 1203 amd 1999 No. 30 s 75 Declaration of existing electoral wards of City of Brisbane s 1204 ins 1996 No. 81 s 79 Application of Judicial Review Act prov hdg amd 2009 No. 13 s 213 sch 5 s 1205 ins 1997 No. 23 s 53 amd 2009 No. 13 s 213 sch 5

898 Local Government Act 1993 Application of certain provisions s 1205A ins 2003 No. 2 s 67 Provision for amended s 428 s 1205B ins 2007 No. 31 s 2 sch exp 11 August 2007 (see s 1205B(2)) CHAPTER 19—TRANSITIONAL, VALIDATION AND SAVINGS PROVISIONS, REPEALS AND AMENDMENTS ch hdg amd 1996 No. 81 s 82 PART 1—TRANSITIONAL, VALIDATION AND SAVINGS PROVISIONS pt hdg amd 1996 No. 81 s 83 Division 1—Preliminary Definitions s 1206 def “pre-existing law” amd 1999 No. 30 s 97 References to local authority etc. s 1208 amd 1994 No. 15 s 3 sch 2; 1995 No. 57 s 4 sch 1; 2001 No. 29 s 3 sch Division 2—Financial operation and accountability Trustees are statutory bodies s 1210 ins 1996 No. 54 s 9 sch Division 3—Local laws and local law policies Application to Brisbane City Council s 1211 exp 2 July 1999 (see s 1216) Status of pre-existing laws s 1212 amd 1999 No. 30 s 97 exp 2 July 1999 (see s 1216) Status of proposed laws s 1213 amd 1999 No. 30 s 35 sch 2 pt 1, s 97 exp 2 July 1999 (see s 1216) Review of pre-existing law s 1214 amd 1999 No. 30 s 97 exp 2 July 1999 (see s 1216) Repeal if no review of pre-existing law s 1215 sub 1996 No. 81 s 80 exp 2 July 1999 (see s 1216) Expiry of division s 1216 amd 1996 No. 81 s 81 exp 2 July 1999 (see s 1216) Division 4—Anti-competitive provisions of existing local laws and existing subordinate local laws div hdg ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17

899 Local Government Act 1993 Subdivision 1—Preliminary sdiv hdg om 2007 No. 31 s 17 Application to Brisbane City Council s 1217 ins 1997 No. 23 s 54 om 2007 No. 31 s 17 Application of division s 1218 ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Definitions for div 4 s 1219 ins 1997 No. 23 s 54 om 2007 No. 31 s 17 def “anti-competitive provision” amd 1999 No. 30 s 35 sch 2 pt 2 def “existing local law policy” om 1999 No. 30 s 35 sch 2 pt 2 def “existing subordinate local law” ins 1999 No. 30 s 35 sch 2 pt 2 def “public interest test” amd 1999 No. 30 s 35 sch 2 pt 2 Subdivision 2—Anti-competitive provisions of existing local laws and existing subordinate local laws sdiv hdg ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Preliminary review of existing local laws and existing subordinate local laws to identify likely anti-competitive provisions prov hdg amd 1999 No. 30 s 35 sch 2 pt 2 s 1220 ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Timing of preliminary review and advice to Minister s 1221 ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Local government may decide likely anti-competitive provision is not an anti-competitive provision s 1222 ins 1997 No. 23 s 54 om 2007 No. 31 s 17 Public interest test of possible anti-competitive provisions s 1223 ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Local government to decide on test and report process s 1224 ins 1997 No. 23 s 54 om 2007 No. 31 s 17

900 Local Government Act 1993 Public interest test report to be presented to local government meeting s 1225 ins 1997 No. 23 s 54 om 2007 No. 31 s 17 Local government to resolve whether to implement recommendations of public interest test s 1226 ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Public interest test reports open to inspection s 1227 ins 1997 No. 23 s 54 om 2007 No. 31 s 17 Repeal or amendment of anti-competitive provision s 1228 ins 1997 No. 23 s 54 amd 1999 No. 30 ss 67, 35 sch 2 pt 2 om 2007 No. 31 s 17 Timing for resolution and implementation s 1229 ins 1997 No. 23 s 54 (amd 1997 No. 42 s 19 sch) amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Simultaneous action under div 3 and other provisions s 1230 ins 1997 No. 23 s 54 om 2007 No. 31 s 17 Transitional regulation-making power about implementation of this division s 1231 ins 1997 No. 23 s 54 amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Future identification and assessment of anti-competitive provisions s 1232 ins 1997 No. 23 s 54 (amd 1997 No. 42 s 19 sch) amd 1999 No. 30 s 35 sch 2 pt 2 om 2007 No. 31 s 17 Division 5—Transitional and savings provisions for amendments under Local Government Legislation Amendment Act 1996 div hdg ins 1996 No. 81 s 84 om 1999 No. 30 s 87 PART 2—TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 1999 pt hdg ins 1999 No. 30 s 87 exp 1 July 2000 (see s 1235) Transitional arrangement for special rates and charges s 1233 orig s 1233 exp 26 March 1996 (see s 814 (as renum in R3)) pres s 1233 ins 1996 No. 81 s 84 sub 1999 No. 30 s 87 amd 1999 No. 59 s 14 (retro) exp 1 July 2000 (see s 1235)

901 Local Government Act 1993 Transitional provisions for local law policies s 1234 ins 1999 No. 30 s 76 exp 1 July 2000 (see s 1235) Expiry of pt 2 s 1235 ins 1999 No. 59 s 15 exp 1 July 2000 (see s 1235) PART 3—TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT (No. 2) 1999 pt hdg ins 1999 No. 59 s 16 exp 1 March 2003 (see s 1241) Division 1—Transitional provisions about elections div hdg ins 1999 No. 59 s 16 exp 1 August 2000 (see s 1239) Definition for div 1 s 1236 ins 1999 No. 59 s 16 exp 1 August 2000 (see s 1239) Transitional provisions for councillors’ terms of office s 1237 ins 1999 No. 59 s 16 exp 1 August 2000 (see s 1239) Transitional provision for disclosure periods s 1238 ins 1999 No. 59 s 16 exp 1 August 2000 (see s 1239) Expiry of div 1 s 1239 ins 1999 No. 59 s 16 exp 1 August 2000 (see s 1239) Division 2—Other transitional provisions div hdg ins 1999 No. 59 s 16 exp 1 March 2003 (see s 1241) Transitional provision for records and returns s 1240 ins 1999 No. 59 s 16 exp 1 March 2003 (see s 1241) Division 3—Expiry div hdg ins 1999 No. 59 s 16 exp 1 March 2003 (see s 1241) Expiry of pt 3 s 1241 ins 1999 No. 59 s 16 exp 1 March 2003 (see s 1241) PART 4—VALIDATION PROVISION FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 1999 pt hdg ins 2000 No. 4 s 9 Validation for particular rates s 1242 ins 2000 No. 4 s 9

902 Local Government Act 1993 PART 5—VALIDATION PROVISION FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2000 pt hdg ins 2000 No. 4 s 9 Application to Brisbane City Council s 1243 ins 2000 No. 4 s 9 Validation for particular utility charges s 1244 ins 2000 No. 4 s 9 PART 6—TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2001 pt hdg ins 2001 No. 29 s 10 Division 1—Preliminary div hdg ins 2001 No. 29 s 10 Interpretation for pt 6 s 1245 ins 2001 No. 29 s 10 Division 2—Transitional provisions for Townsville-Thuringowa Water Supply Joint Board div hdg ins 2001 No. 29 s 10 Former board s 1246 ins 2001 No. 29 s 10 Assets s 1247 ins 2001 No. 29 s 10 Exemption from State tax s 1248 ins 2001 No. 29 s 10 Rights and liabilities s 1249 ins 2001 No. 29 s 10 Existing entitlement to take water s 1250 ins 2001 No. 29 s 10 Existing contracts s 1251 ins 2001 No. 29 s 10 Contracts and tendering—application of ch 6, pt 3 s 1252 ins 2001 No. 29 s 10 Guarantees, undertakings and securities s 1253 ins 2001 No. 29 s 10 Proceedings s 1254 ins 2001 No. 29 s 10 Discontinuance or lessening of supply of water s 1255 ins 2001 No. 29 s 10 Former board’s manager s 1256 ins 2001 No. 29 s 10

903 Local Government Act 1993 Employees s 1257 ins 2001 No. 29 s 10 Superannuation options for continuing employees s 1258 ins 2001 No. 29 s 10 Transfer of property s 1259 ins 2001 No. 29 s 10 Corporate and operational plans s 1260 ins 2001 No. 29 s 10 Corporate and operational plans s 1261 ins 2001 No. 29 s 10 Annual report s 1262 ins 2001 No. 29 s 10 Remuneration of members s 1263 ins 2001 No. 29 s 10 Appointment of chairperson s 1264 ins 2001 No. 29 s 10 Appointment of other members s 1265 ins 2001 No. 29 s 10 References to former board s 1266 ins 2001 No. 29 s 10 Transitional regulation-making power s 1267 ins 2001 No. 29 s 10 exp 30 June 2002 (see ss 1267(3) and 1245(1), def “commencing day”) Division 3—Repeal div hdg ins 2001 No. 29 s 10 Repeal s 1268 ins 2001 No. 29 s 10 PART 7—TRANSITIONAL PROVISION FOR STATE HOUSING AND OTHER ACTS AMENDMENT ACT 2002 pt hdg prev pt hdg ins 2001 No. 98 s 19 exp 1 June 2002 (see s 1271) pres pt hdg ins 2002 No. 20 s 14 Application to Brisbane City Council s 1269 prev s 1269 ins 2001 No. 98 s 19 exp 1 June 2002 (see s 1271) pres s 1269 ins 2002 No. 20 s 14 Sale of land for overdue rates s 1270 prev s 1270 ins 2001 No. 98 s 19 exp 1 June 2002 (see s 1271) pres s 1270 ins 2002 No. 20 s 14

904 Local Government Act 1993 PART 8—TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT LEGISLATION AMENDMENT ACT 2003 pt hdg ins 2003 No. 2 s 68 Continuation of general charges and former register of general charges s 1271 prev s 1271 ins 2001 No. 98 s 19 exp 1 June 2002 (see s 1271) pres s 1271 ins 2003 No. 2 s 68 PART 9—VALIDATION PROVISION FOR LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2003 pt hdg ins 2003 No. 85 s 22 Validation for particular resolutions limiting increase in rate levied s 1272 ins 2003 No. 85 s 22 PART 10—TRANSITIONAL PROVISION FOR INTEGRATED PLANNING AND OTHER LEGISLATION AMENDMENT ACT 2003 pt hdg pres ch 19 pt 10 (prev ch 19, pt 9) ins 2003 No. 64 s 131 renum 2004 No. 53 s 2 sch Continuation of former fees fixed by local laws or resolutions s 1272A ins (prev 2nd s 1272) 2003 No. 64 s 131 renum 2005 No. 54 s 13(2) sch PART 11—TRANSITIONAL PROVISION FOR HOUSING AND OTHER ACTS AMENDMENT ACT 2005 pt hdg ins 2005 No. 33 s 18 Validation of levying of rates for certain lands s 1273 ins 2005 No. 33 s 18 PART 12—TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT REFORM ACT 2007 pt 12 (ss 1274–1275) ins 2007 No. 31 s 18 PART 13—TRANSITIONAL PROVISION FOR LOCAL GOVERNMENT AMENDMENT ACT 2007 pt 13 (s 1276) ins 2007 No. 60 s 6 PART 14—TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND OTHER LEGISLATION (INDIGENOUS REGIONAL COUNCILS) AMENDMENT ACT 2007 pt hdg ins 2007 No. 59 s 126 Division 1—Preliminary div 1 (ss 1277–1278) ins 2007 No. 59 s 126 Division 2—Torres Strait Island Regional Council div 2 (ss 1279–1283) ins 2007 No. 59 s 126 Division 3—Northern Peninsula Area Regional Council div 3 (ss 1284–1289) ins 2007 No. 59 s 126 Division 4—Indigenous regional councils generally div 4 (s 1290) ins 2007 No. 59 s 126

905 Local Government Act 1993 Division 5—Remuneration schedule div hdg ins 2007 No. 59 s 126 Remuneration for 2008 s 1291 ins 2007 No. 59 s 126 sub 2008 No. 5 s 27 Division 6—Miscellaneous div 6 (ss 1292–1293) ins 2007 No. 59 s 126 PART 15—TRANSITIONAL PROVISIONS FOR LOCAL GOVERNMENT AND INDUSTRIAL RELATIONS AMENDMENT ACT 2008 pt 15 (ss 1294–1298) ins 2008 No. 5 s 28 PART 16—TRANSITIONAL PROVISION FOR SUSTAINABLE PLANNING ACT 2009 pt 16 (s 1299) ins 2009 No. 36 s 872 sch 2 SCHEDULE 1—ETHICS PRINCIPLES FOR LOCAL GOVERNMENT COUNCILLORS sch hdg ins 2005 No. 26 s 22 Integrity of local government s 1 ins 2005 No. 26 s 22 Primacy of the public interest s 2 ins 2005 No. 26 s 22 Independence of action by councillors s 3 ins 2005 No. 26 s 22 Appropriate use of information by councillors s 4 ins 2005 No. 26 s 22 Transparency and scrutiny s 5 ins 2005 No. 26 s 22 Appropriate use of entitlements s 6 ins 2005 No. 26 s 22 amd 2008 No. 5 s 29 SCHEDULE 1A—LOCAL GOVERNMENT REFORM IMPLEMENTATION ins 2007 No. 31 s 19 amd 2007 No. 59 s 127 SCHEDULE 1B—COMPOSITION OF NEW LOCAL TRANSITION COMMITTEES FOR PARTICULAR NEW LOCAL GOVERNMENTS ins 2007 No. 31 s 19 SCHEDULE 1C—COMPOSITION OF TRANSFERRING AREA LOCAL TRANSITION COMMITTEES ins 2007 No. 31 s 19 SCHEDULE 2—DICTIONARY Note—definitions for this Act were originally located in s 3. prev sch amd 1994 No. 1 s 8; 1994 No. 15 s 3 sch 2 (retro) om R1 (see RA s 40)

906 Local Government Act 1993 pres sch 2 (prev sch) ins 2001 No. 98 s 19 renum 2005 No. 54 s 13(2) sch def “Aboriginal local government” reloc 2001 No. 98 s 4(5) om 2004 No. 37 s 86 sch 1 def “additional territorial unit” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “administrative action” ins 2005 No. 26 s 23 def “affected area” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “affected elector” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “affected person” ins 2005 No. 26 s 23 def “appeal tribunal ” reloc 2001 No. 98 s 4(5) def “appointer” reloc 2001 No. 98 s 4(5) def “approve” ins 1996 No. 81 s 16(2) om from s 3 2001 No. 29 s 3 sch def “approved form” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “approved inspection program” ins 1994 No. 77 s 3 sch 1 reloc 2001 No. 98 s 4(5) def “approves” ins 2001 No. 29 s 3 sch reloc 2001 No. 98 s 4(5) def “area” reloc 2001 No. 98 s 4(5) sub 2009 No. 17 s 331 sch 1 amdt 22 reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “asset disposal plan” ins 2005 No. 54 s 31 def “auditor-general” ins 2007 No. 31 s 20(1) amd 2009 No. 9 s 136 sch 1 def “authorised person” amd 1994 No. 77 s 3 sch 1; 1999 No. 30 s 97; 2001 No. 98 s 4(4) reloc 2001 No. 98 s 4(5) amd 2008 No. 74 s 230(1) def “basic territorial unit ” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “budget meeting” reloc 2001 No. 98 s 4(5) def “category of local government” ins 2007 No. 31 s 20(1) def “certified copy” amd 1999 No. 30 s 35 sch 2 pt 2 reloc 2001 No. 98 s 4(5) def “chairperson” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “cleansing services” reloc 2001 No. 98 s 4(5) def “CMC” ins 2005 No. 26 s 23 def “code of conduct” ins 2005 No. 26 s 23 sub 2009 No. 17 s 331 sch 1 amdt 23 reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “combined form” reloc 2001 No. 98 s 4(5) def “commercial business unit” ins 1997 No. 23 s 14 reloc 2001 No. 98 s 4(5) def “commission” reloc 2001 No. 98 s 4(5)

907 Local Government Act 1993 def “commissioner” sub 1996 No. 81 s 16 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “committee” ins 2005 No. 26 s 23 def “common effluent drainage” ins 2002 No. 77 s 229(2) def “Commonwealth Superannuation Act” ins 2008 No. 13 s 20 sch def “community deed of grant in trust” ins 2007 No. 59 s 128(2) def “community forum” ins 2007 No. 59 s 128(2) def “community titles Act” reloc 2001 No. 98 s 4(5) def “company limited by shares” amd 2001 No. 45 s 29 sch 3 reloc 2001 No. 98 s 4(5) def “complaint” ins 2005 No. 26 s 23 def “compliance notice” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “component local government” reloc 2001 No. 98 s 4(5) def “compulsory referendum” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “conclusion” sub 1996 No. 81 s 16 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “conduct review panel” ins 2005 No. 26 s 23 def “consolidated version” ins 2007 No. 31 s 20(1) def “consultation period” amd 1999 No. 30 ss 97, 35 sch 2 pt 2 reloc 2001 No. 98 s 4(5) def “continuing candidate” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “conviction” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) def “councillor” reloc 2001 No. 98 s 4(5) def “cut off day” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “decision maker” amd 1999 No. 30 s 97 om from s 3 2001 No. 92 s 23 def “declaration envelope” sub 1996 No. 81 s 16 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “declaration form” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “declaration vote” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “declaration voter” sub 1999 No. 30 s 35 sch 2 pt 1 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “delayed implementation determination” ins 1997 No. 42 s 3 reloc 2001 No. 98 s 4(5) def “delayed implementation issues” ins 1997 No. 42 s 3 amd 1999 No. 59 s 60 sch reloc 2001 No. 98 s 4(5)

908 Local Government Act 1993 def “delayed implementation reference” ins 1997 No. 42 s 3 reloc 2001 No. 98 s 4(5) def “deputy commissioner” sub 1996 No. 81 s 16 reloc 2001 No. 98 s 4(5) def “designated disposal activities” ins 2005 No. 54 s 31 def “designated election offence” ins 2007 No. 21 s 55 def “destroy” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “destruction order” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “detached house” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) amd 2003 No. 74 s 155 sch 1 def “differential general rate” reloc 2001 No. 98 s 4(5) def “discount date” ins 1999 No. 30 s 77(2) reloc 2001 No. 98 s 4(5) def “discount period” ins 1999 No. 30 s 77(2) reloc 2001 No. 98 s 4(5) def “dispose” reloc 2001 No. 98 s 4(5) def “distribute” ins 2001 No. 25 s 12 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “division” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “drafting certificate” ins 1999 No. 30 s 68 (amd 1999 No. 59 s 60 sch) reloc 2001 No. 98 s 4(5) amd 2007 No. 31 s 20(2) def “EEO management plan” ins 2009 No. 24 s 1294(2) def “effective control” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “effective value” reloc 2001 No. 98 s 4(5) def “elect” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “election” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “election matter” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “election period” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “elector” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “electoral and boundaries review commission” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “electoral commission” ins 2007 No. 31 s 20(1) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25

909 Local Government Act 1993 def “electoral officer” sub 1996 No. 81 s 16 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “electoral paper” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “electoral roll” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “employment matters” ins 2009 No. 24 s 1294(2) def “encumbrance” reloc 2001 No. 98 s 4(5) def “enterprise” reloc 2001 No. 98 s 4(5) def “enterprise power” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “exhausted ballot paper” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “expanded commission” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “expenses reimbursement policy” ins 2007 No. 31 s 20(1) sub 2008 No. 5 s 30 def “explanatory statement” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “facility” reloc 2001 No. 98 s 4(5) def “ferry” reloc 2001 No. 98 s 4(5) def “financial controller” ins 2007 No. 21 s 55 def “foreshore” reloc 2001 No. 98 s 4(5) def “fresh election” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “general charge” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) om 2003 No. 2 s 22(2) sch def “general complaints process” ins 2005 No. 26 s 23 def “general rate” reloc 2001 No. 98 s 4(5) def “government entity” reloc 2001 No. 98 s 4(5) def “guardian” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) def “holding” reloc 2001 No. 98 s 4(5) def “Housing Act 2003 section 113 contract” ins 2005 No. 33 s 19 (retro) def “housing Act contract” ins 2005 No. 33 s 19 (retro) def “housing Act s 24 contract” ins 2002 No. 20 s 15 amd 2003 No. 52 s 153 sch 2 def “how-to-vote card” ins 2001 No. 25 s 12 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “implementation issues” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) amd 2009 No. 36 s 872 sch 2 def “improved land” reloc 2001 No. 98 s 4(5) def “improved value” ins 2003 No. 2 s 22(2) sch def “indigenous regional council” ins 2007 No. 59 s 128(2) def “information date” ins 2002 No. 37 s 2 sch

910 Local Government Act 1993 def “information notice” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2009 No. 24 s 1294(1) def “infringement notice” sub 1999 No. 70 s 166 sch 1 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “infringement notice offence” sub 1999 No. 70 s 166 sch 1 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “institution” reloc 2001 No. 98 s 4(5) amd 2006 No. 41 s 35S reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “interim development control provision” sub 1998 No. 13 s 191 sch reloc 2001 No. 98 s 4(5) om 2009 No. 36 s 872 sch 2 def “interim local law” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “issuing officer” sub 1996 No. 81 s 16 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “joint board” ins 2001 No. 29 s 4(1) reloc 2001 No. 98 s 4(5) def “joint local government” reloc 2001 No. 98 s 4(5) def “joint local government area” reloc 2001 No. 98 s 4(5) def “jurisdiction of local government” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “keeper of the register” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “land” reloc 2001 No. 98 s 4(5) def “land panel” ins 2007 No. 59 s 128(2) def “land record” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “levee bank” reloc 2001 No. 98 s 4(5) def “LGOC” ins 1997 No. 23 s 14 reloc 2001 No. 98 s 4(5) def “LG Super scheme” ins 2008 No. 13 s 20 sch def “limited partner” reloc 2001 No. 98 s 4(5) amd 2004 No. 29 s 63 def “limited reviewable local government matter” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “lives” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “local governing body” reloc 2001 No. 98 s 4(5) amd 2008 No. 13 s 20 sch def “local government” reloc 2001 No. 98 s 4(5) def “local government Act” amd 1997 No. 69 s 6.3.1 sch 9; 2000 No. 34 s 1144 sch 2 reloc 2001 No. 98 s 4(5) sub 2002 No. 77 s 229(1)–(2)

911 Local Government Act 1993 amd 2006 No. 59 s 85 sch; 2008 No. 34 s 751 sch 2; 2009 No. 36 s 872 sch 2 def “local government area” reloc 2001 No. 98 s 4(5) def “ Local Government Association” reloc 2001 No. 98 s 4(5) def “Local Government Finance Standards” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “local government matter” reloc 2001 No. 98 s 4(5) def “local government owned corporation” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) def “local law” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “local law policy” amd 1999 No. 30 s 97 om from s 3 1999 No. 30 s 35 sch 2 pt 2 def “majority” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “major reference” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “manufactured home” ins 2003 No. 74 s 155 sch 1 def “market value” ins 2003 No. 2 s 22(2) sch def “material personal interest” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “meeting breach” ins 2005 No. 26 s 23 def “member” sub 1996 No. 81 s 16 amd 2001 No. 29 s 4(2)–(3) reloc 2001 No. 98 s 4(5) def “merit” reloc 2001 No. 98 s 4(5) def “minimum general rate levy” reloc 2001 No. 98 s 4(5) def “mining claim” reloc 2001 No. 98 s 4(5) def “mining lease” reloc 2001 No. 98 s 4(5) def “minor amendment” ins 2007 No. 31 s 20(1) def “minor breach” ins 2005 No. 26 s 23 def “minor reference” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “misconduct” reloc 2001 No. 98 s 4(5) def “mobile polling booth” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “model local law” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “nomination day” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “non-compulsory referendum” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “non-current assets” ins 2005 No. 54 s 31 def “notice of realignment” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “notional GST” ins 2000 No. 20 s 29 sch 3 reloc 2001 No. 98 s 4(5) def “on-site sewage treatment plant” ins 2002 No. 77 s 229(2) sub 2005 No. 39 s 7

912 Local Government Act 1993 def “on-site sewerage facility” ins 2002 No. 77 s 229(2) sub 2005 No. 39 s 7 def “open to inspection” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “oppose” ins 1996 No. 81 s 16(2) om from s 3 2001 No. 29 s 3 sch def “opposes” ins 2001 No. 29 s 3 sch reloc 2001 No. 98 s 4(5) def “ordinary polling booth” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “ordinary voting hours” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “overdue rate” sub 1999 No. 30 s 77(1)–(2) reloc 2001 No. 98 s 4(5) def “owner” sub 1996 No. 81 s 16; 2001 No. 98 s 4(2)–(3) reloc 2001 No. 98 s 4(5) sub 2008 No. 74 s 230 def “pensioner” reloc 2001 No. 98 s 4(5) def “perform work” reloc 2001 No. 98 s 4(5) def “permissible company” amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “permit application” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “permit condition” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “place” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “planning scheme” amd 1998 No. 13 s 191 sch reloc 2001 No. 98 s 4(5) sub 2009 No. 36 s 872 sch 2 def “political party” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “polling booth” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “polling day” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “postal ballot election” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “premises group” ins 2002 No. 77 s 229(2) def “prescribed offices” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “prescribed regulatory fee” ins 2003 No. 2 s 22(2) sch def “procurement activities” ins 2005 No. 54 s 31 def “procurement plan” ins 2005 No. 54 s 31 def “procurement principles” ins 2005 No. 54 s 31

913 Local Government Act 1993 def “prohibited substance” ins 2002 No. 77 s 229(2) def “property sewer” ins 2002 No. 77 s 229(2) def “proposed declaration notice” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “public office” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “public place” reloc from s 1082 2001 No. 98 s 16(2) def “public thoroughfare easement” ins 2005 No. 68 s 117(1) def “QCAT information notice” ins 2009 No. 24 s 1294(2) def “question” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “rate” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “rateable land” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “rating category” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) amd 2003 No. 2 s 22(2) sch def “referable local government matter” om 1996 No. 81 s 16(1) def “referendum” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “referendum day” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “referendum notice” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “referendum roll cut off day” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “reform commission” ins 2007 No. 31 s 20(1) def “registered owner” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “registrar of titles” reloc 2001 No. 98 s 4(5) def “regulatory fee” ins 2003 No. 2 s 22(2) sch def “relevant local government” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “remuneration” reloc 2001 No. 98 s 4(5) amd 2007 No. 31 s 20(3) om 2008 No. 5 s 30(1) def “remuneration schedule” ins 2007 No. 31 s 20(1) def “remuneration tribunal” ins 2007 No. 31 s 20(1) def “renewal application” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “repealed Torres Strait Act” ins 2007 No. 59 s 128(2) def “repeat breach” ins 2005 No. 26 s 23 def “required number” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5)

914 Local Government Act 1993 def “responsible person” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “restricted dog” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “restricted dog declaration” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “restricted dog permit” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “restricted dog register” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) om 2008 No. 74 s 230(1) def “returning officer” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) sub 2009 No. 17 s 331 sch 1 amdt 24 reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “reviewable local government matter” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “review commissioner” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “road” amd 1994 No. 77 s 3 sch 2 reloc 2001 No. 98 s 4(5) amd 2005 No. 68 s 117(2) def “sanitary drain” ins 2002 No. 77 s 229(2) def “sanitary drainage” ins 2002 No. 77 s 229(2) def “sanitary plumbing” ins 2002 No. 77 s 229(2) def “senior executive officer” reloc 2001 No. 98 s 4(5) def “separate charge” reloc 2001 No. 98 s 4(5) def “separate rate” reloc 2001 No. 98 (2) def “septic tank” ins 2002 No. 77 s 229(2) def “sewage treatment plant” ins 2002 No. 77 s 229(2) def “sewerage system” ins 2002 No. 77 s 229(2) def “sign” reloc 2001 No. 98 s 4(5) def “significant business activity” ins 1997 No. 23 s 14 reloc 2001 No. 98 s 4(5) def “significant designated disposal activity” ins 2005 No. 54 s 31 def “significant procurement activity” ins 2005 No. 54 s 31 def “significant procurement activity plan” ins 2005 No. 54 s 31 def “special change” reloc 2001 No. 98 s 4(5) def “special commission” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “special rate” reloc 2001 No. 98 s 4(5) def “special reference” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “spent conviction” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) def “State-controlled road” ins 1997 No. 23 s 14

915 Local Government Act 1993 reloc 2001 No. 98 s 4(5) def “State interest” amd 1994 No. 77 s 3 sch 2; 1999 No. 30 s 35 sch 2 pt 2 reloc 2001 No. 98 s 4(5) def “State land” sub 1994 No. 81 s 527 sch 5 reloc 2001 No. 98 s 4(5) def “State office” reloc 2001 No. 98 s 4(5) def “statutory breach” ins 2005 No. 26 s 23 def “statutory obligation” ins 2005 No. 26 s 23 def “stormwater drainage” ins 2002 No. 77 s 229(2) def “stormwater installation” ins 2002 No. 77 s 229(2) def “structure” reloc 2001 No. 98 s 4(5) def “subordinate local law” ins 1999 No. 30 s 35 sch 2 pt 2 reloc 2001 No. 98 s 4(5) def “target group” ins 2009 No. 24 s 1294(2) def “tax component” ins 2003 No. 2 s 22(2) sch def “territorial unit” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “threshold amount” ins 2005 No. 54 s 31 def “time share scheme” reloc 2001 No. 98 s 4(5) def “Torres Strait Islander local government” reloc 2001 No. 98 s 4(5) om 2007 No. 59 s 128(1) def “trade waste” ins 2002 No. 77 s 229(2) def “trustee decision” ins 2007 No. 59 s 128(2) def “trust land” ins 2007 No. 59 s 128(2) def “unimproved value” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) def “unlawful discrimination” ins 2009 No. 24 s 1294(2) def “utility charge” reloc 2001 No. 98 s 4(5) def “valuation authority” reloc 2001 No. 98 s 4(5) def “veterinary surgeon” ins 2001 No. 98 s 4(3) reloc 2001 No. 98 s 4(5) def “voters roll” reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “voting areas” ins 1996 No. 81 s 16(2) reloc 2001 No. 98 s 4(5) def “voting hours” amd 1999 No. 30 s 97 reloc 2001 No. 98 s 4(5) reloc (as 2009 No. 17 sch 2 s 1) 2009 No. 17 s 331 sch 1 amdt 25 def “watercourse” reloc 2001 No. 98 s 4(5)

916 Local Government Act 1993 8 List of forms notified or published in the gazette (The following information about forms is taken from the gazette and is included for information purposes only. Because failure by a department to notify or publish a form in the gazette does not invalidate the form, you should check with the relevant government department for the latest information about forms (see Statutory Instruments Act, section 58(8)).) Form 1 Version 1—Candidate Disclosure of Election Gifts and Loans Return pubd gaz 9 November 2007 p 1354 Form 1 Version 1—Councillor Statement of Interests pubd gaz 14 March 2008 p 1467 Form 1—Restricted Dog—to be used for applications to keep restricted dogs and to apply for the renewal of restricted dog permits pubd gaz 12 April 2002 p 1383 Form 1 Version 1—Statement of Interests of a Councillor pubd gaz 25 March 1994 p 1151 Form 2 Version 1—Group of Candidates’ Disclosure of Election Gifts and Loans Return pubd gaz 9 November 2007 p 1354 Form 2—Restricted Dog—to be used for issuing restricted dog permits and renewing restricted dog permits pubd gaz 12 April 2002 p 1383 Form 2 Version 1—Statement of Interest of Councillors’ Related Person pubd gaz 14 March 2008 p 1467 Form 3 Version 1—Notice of Correct Particulars for a Statement of Interests of a Councillor or Councillor’s Related Person pubd gaz 14 March 2008 p 1467 Form 3 Version 1—Third Party Disclosure of Election Gifts and Expenditure Return pubd gaz 9 November 2007 p 1354 Form 4 Version 1—Donor Disclosure of Election Gifts Return pubd gaz 9 November 2007 p 1354 Form 4 Version 1—Statement of Interests of a Relevant Employee pubd gaz 14 March 2008 p 1467 Form 5 Version 1—Statement of Interests of a Relevant Employee’s Related Person pubd gaz 14 March 2008 p 1467 Form 6 Version 1—Notice of Correct Particulars for a Statement of Interests of a Relevant Employee’s Related Person pubd gaz 14 March 2008 p 1467

917 Local Government Act 1993 Form 7 Version 1—Transfer (for the purposes of section 32 of the Local Government Regulation 1994) pubd gaz 31 March 1994 p 1267 Form 8 Version 1—General Request (for the purposes of sections 33 and 35 of the Local Government Regulation 1994) pubd gaz 31 March 1994 p 1267 Form 9 Version 2—Application—Order to Enter (Section 1063) pubd gaz 17 April 2003 p 1385 Form 10 Version 2—Application—Warrant to Enter (Section 1094) pubd gaz 17 April 2003 p 1385 Form 24 Version 4—Property Information (Transfer) pubd gaz 23 March 2007 p 1250 Form 24A Version 1—Property Information (Transmission Application) pubd gaz 23 March 2007 p 1249 Forms for Local Government Elections Form LGPF1 Version 1—Appointment of Returning Officer (Other than the Chief Executive Officer) pubd gaz 24 April 2006 p 1553 Form LGPF2 Version 1—Appointment of Assistant Returning Officer(s) pubd gaz 24 April 2006 p 1553 Form LGPF3 Version 1—Appointment of Presiding Officers pubd gaz 24 April 2006 p 1553 Form LGPF4 Version 2—Appointment of Other Issuing Officers pubd gaz 12 May 2006 pp 156–7 Form LGPF5 Version 1—Declaration by Returning Officer, Assistant Returning Officer, Presiding Officer or Other Issuing Officer pubd gaz 12 May 2006 pp 156–7 Form LGPF6 Version 1—Certification of Voters Roll (Issuing Officer’s Copy) pubd gaz 12 May 2006 pp 156–7 Form LGPF7 Version 1—Notice of Poll pubd gaz 12 May 2006 pp 156–7 Form LGPF8 Version 1—Notice of Declaration of Mobile Polling Booths pubd gaz 12 May 2006 pp 156–7 Form LGPF9 Version 1—Ballot Paper–Question pubd gaz 12 May 2006 pp 156–7 Form LGPF10 Version 1—Delivery Note–Ballot Papers pubd gaz 12 May 2006 pp 156–7 Form LGPF11 Version 1—Appointment of and Declaration by Scrutineer pubd gaz 12 May 2006 pp 156–7

918 Local Government Act 1993 Form LGPF12 Version 1—Record of Declaration Envelopes and Ballot Papers Returned at Polling Booth pubd gaz 12 May 2006 pp 156–7 Form LGPF13 Version 1—Application for Electoral Visitor Vote pubd gaz 12 May 2006 pp 156–7 Form LGPF14 Version 1—Application for Declaration Vote pubd gaz 12 May 2006 pp 156–7 Form LGPF15 Version 1—Declaration by Person who must Cast Declaration Vote pubd gaz 12 May 2006 pp 156–7 Form LGPF16 Version 1—Declaration Envelope–No. 1 pubd gaz 12 May 2006 pp 156–7 Form LGPF17 Version 1—Declaration Envelope–No. 2 pubd gaz 12 May 2006 pp 156–7 Form LGPF18 Version 1—Declaration Envelope–No. 3 (Postal Ballot) pubd gaz 12 May 2006 pp 156–7 Form LGPF19 Version 1—Declaration Envelope–No. 4 (Postal Ballot) pubd gaz 12 May 2006 pp 156–7 Form LGPF20 Version 1—Instructions on Casting a Declaration Vote pubd gaz 12 May 2006 pp 156–7 Form LGPF21 Version 1—Declaration by Person Requesting Replacement Ballot Paper at Polling Booth, Voting Place or Electoral Visit pubd gaz 12 May 2006 pp 156–7 Form LGPF22 Version 1—Declaration by Person Requesting Replacement Ballot Paper be Posted pubd gaz 12 May 2006 pp 156–7 Form LGPF23 Version 1—Record of Replacement Ballot Papers Issued pubd gaz 12 May 2006 pp 156–7 Form LGPF24 Version 1—Statement by Presiding Officer after Preliminary Count pubd gaz 12 May 2006 pp 156–7 Form LGPF25 Version 1—Statement of Reconciliation of Ballot Papers–Preliminary Count pubd gaz 12 May 2006 pp 156–7 Form LGPF26 Version 1—List of Electors Who Appear to have Voted More than Once pubd gaz 12 May 2006 pp 156–7 Form LGPF27 Version 1—Declaration of Poll pubd gaz 12 May 2006 pp 156–7 Form LGPF28 Version 1—Notice of Final Result of Poll pubd gaz 12 May 2006 pp 156–7

919 Local Government Act 1993 Form LGPF29 Version 1—Certification of List of Electors Who Appear to have Failed to Vote pubd gaz 12 May 2006 pp 156–7 Form LGPF30 Version 1—Notice to Elector of Failure to Vote pubd gaz 12 May 2006 pp 156–7 Form LGPF31 Version 1—Notice to Declaration Voter of Ballot Paper Not Counted pubd gaz 12 May 2006 pp 156–7 Forms for Local Government Election Gifts Form 1 Version 2—Return of Gifts by an elected candidate at a local government election pubd gaz 14 November 2003 p 867 Form 2 Version 2—Return of Gifts by an unsuccessful candidate at a local government election pubd gaz 14 November 2003 p 867 Form 3 Version 2—Return of Gifts by a person (or organisation) other than a registered political party of candidate for a local government election pubd gaz 14 November 2003 p 867 Forms for Statement of Interests Form 1—Statement of Interests of a Councillor pubd gaz 3 March 2000 p 808 Form 2—Statement of Interests of a Councillor’s Related Person pubd gaz 3 March 2000 p 808 Form 3—Notice of Correct Particulars for a Statement of Interests of a Councillor or a Councillor’s Related Person pubd gaz 3 March 2000 p 808 Form 4—Statement of Interests of a Relevant Employee pubd gaz 3 March 2000 p 808 Form 5—Statement of Interests of a Relevant Employee’s Related Person pubd gaz 3 March 2000 p 808 Form 6—Notice of Correct Particulars for a Statement of Interests of a Relevant Employee or a Relevant Employee’s Related Person pubd gaz 3 March 2000 p 808

920 Local Government Act 1993 9 Schedule of renumbering Reprint No. 2 was renumbered under the Reprints Act 1992 s 43 as required by the Local Government Act 1993 s 802 Reprint No. 3 was renumbered under the Reprints Act 1992 s 43 Reprint No. 4 was renumbered under the Reprints Act 1992 s 43 as required by the Local Government Act 1993 s 793 Original Act ch 1 hdg pt 1 hdg 1 2 pt 2 hdg 3 pt 3 hdg 4 5 6 7 8 – 8(1)(a) 8(1)(b) – – pt 4 hdg 9 10 pt 5 hdg 11 Reprint No. 1 26/3/94 ch 1 hdg pt 1 hdg 1 2 pt 2 hdg 3 pt 3 hdg 4 5 6 7 8 – 8(1)(a) 8(1)(b) – – pt 4 hdg 9 10 pt 5 hdg 11 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 ch 1 hdg pt 1 hdg 1 2 pt 2 hdg 3 pt 3 hdg 4 5 6 7 8 – 8(1)(a) 8(1)(b) – – pt 4 hdg 9 10 pt 5 hdg 11 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 ch 1 hdg pt 1 hdg 1 om pt 2 hdg 3 pt 3 hdg 4 5 6 7 8 – 8(1)(a) 8(1)(b) – – pt 4 hdg 9 10 pt 5 hdg 11 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – 8(1)(aa) – – 8(1)(c) 8A – – – – – Reprint No. 4 1/7/98 ch 1 hdg pt 1 hdg 1 – pt 2 hdg 2 pt 3 hdg 3 4 5 6 7 7(1)(a) 7(1)(b) 7(1)(c) 7(1)(d) 8 pt 4 hdg 9 10 pt 5 hdg 11

921 Local Government Act 1993 Original Act 12 pt 6 hdg 13 14 ch 2 hdg pt 1 hdg div 1 hdg 15 16 17 18 div 2 hdg 19 20 div 3 hdg 21 22 23 24 25 26 27 28 29 30 31 div 4 hdg 32 33 Reprint No. 1 26/3/94 12 pt 6 hdg 13 14 ch 2 hdg pt 1 hdg div 1 hdg 15 16 17 18 div 2 hdg 19 20 div 3 hdg 21 22 23 24 25 26 27 28 29 30 31 div 4 hdg 32 33 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 12 pt 6 hdg 13 14 ch 2 hdg pt 1 hdg div 1 hdg 15 16 17 18 div 2 hdg 19 20 div 3 hdg 21 22 23 24 25 26 27 28 29 30 31 div 4 hdg 32 33 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 12 pt 6 hdg 13 14 ch 2 hdg pt 1 hdg div 1 hdg 15 16 17 18 div 2 hdg 19 20 div 3 hdg 21 22 23 24 25 26 27 28 29 30 31 div 4 hdg 32 33 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 12 pt 6 hdg 13 14 ch 2 hdg pt 1 hdg div 1 hdg 15 16 17 18 div 2 hdg 19 20 div 3 hdg 21 22 23 24 25 26 27 28 29 30 31 div 4 hdg 32 33

922 Local Government Act 1993 Original Act div 5 hdg 34 35 36 div 6 hdg 37 38 pt 2 hdg div 1 hdg 39 40 div 2 hdg 41 div 3 hdg 42 div 4 hdg 43 44 div 5 hdg 45 46 div 6 hdg 47 48 div 7 hdg 49 50 51 52 Reprint No. 1 26/3/94 div 5 hdg 34 35 36 div 6 hdg 37 38 pt 2 hdg div 1 hdg 39 40 div 2 hdg 41 div 3 hdg 42 div 4 hdg 43 44 div 5 hdg 45 46 div 6 hdg 47 48 div 7 hdg 49 50 51 52 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 div 5 hdg 34 35 36 div 6 hdg 37 38 pt 2 hdg div 1 hdg 39 40 div 2 hdg 41 div 3 hdg 42 div 4 hdg 43 44 div 5 hdg 45 46 div 6 hdg 47 48 div 7 hdg 49 50 51 52 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 div 5 hdg 34 35 36 div 6 hdg 37 38 pt 2 hdg div 1 hdg 39 40 div 2 hdg 41 div 3 hdg 42 div 4 hdg 43 44 div 5 hdg 45 46 div 6 hdg 47 48 div 7 hdg 49 50 51 52 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 div 5 hdg 34 35 36 div 6 hdg 37 38 pt 2 hdg div 1 hdg 39 40 div 2 hdg 41 div 3 hdg 42 div 4 hdg 43 44 div 5 hdg 45 46 div 6 hdg 47 48 div 7 hdg 49 50 51 52

923 Local Government Act 1993 Original Act div 8 hdg 53 54 pt 3 hdg div 1 hdg 55 56 div 2 hdg 57 58 59 60 ch 3 hdg pt 1 hdg div 1 hdg 61 62 63 64 – – – 64(2) – 64(3) 64(4) 64(5) 64(6) 65 Reprint No. 1 26/3/94 div 8 hdg 53 54 pt 3 hdg div 1 hdg 55 56 div 2 hdg 57 58 59 60 ch 3 hdg pt 1 hdg div 1 hdg 61 62 63 64 – – – 64(2) – 64(3) 64(4) 64(5) 64(6) 65 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 div 8 hdg 53 54 pt 3 hdg div 1 hdg 55 56 div 2 hdg 57 58 59 60 ch 3 hdg pt 1 hdg div 1 hdg 61 62 63 64 – – – 64(2) – 64(3) 64(4) 64(5) 64(6) 65 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 div 8 hdg 53 54 pt 3 hdg div 1 hdg 55 56 div 2 hdg 57 58 59 60 ch 3 hdg pt 1 hdg div 1 hdg 61 62 63 64 – – – 64(2) – 64(3) 64(4) 64(5) 64(6) 65 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – 64(1A) 64(1B) 64(1C) – 64(2A) – – – – – Reprint No. 4 1/7/98 div 8 hdg 53 54 pt 3 hdg div 1 hdg 55 56 div 2 hdg 57 58 59 60 ch 3 hdg pt 1 hdg div 1 hdg 61 62 63 64 64(2) 64(3) 64(4) 64(5) 64(6) 64(7) 64(8) 64(9) 61(10) 65

924 Local Government Act 1993 Original Act div 2 hdg sdiv A hdg 66 – – sdiv B hdg 67 – – – – – – – 68 sdiv C hdg – – 69 – – – 70 – – Reprint No. 1 26/3/94 div 2 hdg sdiv A hdg 66 – – sdiv B hdg 67 – – – – – – – 68 sdiv C hdg – – 69 – – – 70 – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 div 2 hdg sdiv 1 hdg 66 – – sdiv 2 hdg 67 – – – – – – – 68 sdiv 3 hdg – – 69 – – – 70 – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 div 2 hdg – div 2 hdg sdiv 1 hdg – sdiv 1 hdg 66 – 66 – 66A 67 – 66B 68 sdiv 2 hdg – sdiv 2 hdg 67 – – – – – – – 68 sdiv 3 hdg – 67A 67B 67C 67D 67E 67F sdiv 3 hdg – om 69 70 71 72 73 74 75 sdiv 3 hdg 76 – – div 3 hdg div 3 hdg – sdiv 1 sdiv 1 hdg hdg 69 – 77 – 69A 78 – 69B 79 – sdiv 2 sdiv 2 hdg hdg 70 – 80 – div 3A div 4 hdg hdg – sdiv 1 sdiv hdg 1 hdg

925 Local Government Act 1993 Original Act 71 – – – – – 72 – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 71 – – – – – 72 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 71 – – – – – 72 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 71 – – – – – 72 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 – 81 71A 82 71B 83 71C 84 71D 85 sdiv 2 hdg sdiv 2 hdg – 86 72A 87 72B 88 72C 89 72D 90 72D(4A) 90(5) 72D(4B) 90(6) 72D(5) 90(7) 72D(6) 90(8) 72E 91 72F 92 72G 93 72G(1A) 93(2) 72G(1B) 93(3) 72G(1C) 93(4) 72G(1D) 93(5) 72G(1E) 93(6) 72G(2) 93(7) 72G(3) 93(8) 72G(4) 93(9) 72G(5) 93(10) 72H 94

926 Local Government Act 1993 Original Act – – – – – – 73 – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – 73 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – 73 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – 73 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 72I 95 72I(1A) 95(2) 72I(2) 95(3) 72I(3) 95(4) 72J 96 sdiv 3 hdg sdiv 3 hdg – 97 73A 98 73B 99 73C 100 73C(2A) 100(3) 73C(2B) 100(4) 73C(3) 100(5) 73C(4) 100(6) 73C(5) 100(7) 73D 101 73E 102 73E(1A) 102(2) 73E(1B) 102(3) 73E(1C) 102(4) 73E(1D) 102(5) 73E(1E) 102(6) 73E(2) 102(7) 73F 103 73G 104 73G(1A) 104(2) 73G(2) 104(3) 73G(3) 104(4)

927 Local Government Act 1993 Original Act div 3 hdg sdiv A hdg – 74 sdiv B hdg 75 76 77 78 – 79 div 4 hdg sdiv A hdg 80 81 sdiv B hdg 82 83 84 85 86 87 88 89 90 div 5 hdg Reprint No. 1 26/3/94 div 3 hdg sdiv A hdg – 74 sdiv B hdg 75 76 77 78 – 79 div 4 hdg sdiv A hdg 80 81 sdiv B hdg 82 83 84 85 86 87 88 89 90 div 5 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 div 3 hdg sdiv 1 hdg – 74 sdiv 2 hdg 75 76 77 78 – 79 div 4 hdg sdiv 1 hdg 80 81 sdiv 2 hdg 82 83 84 85 86 87 88 89 90 div 5 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 New ss ins between Reprint Nos. 3 and 4 div 3 hdg om sdiv 1 hdg om Reprint No. 4 1/7/98 – – – 74 sdiv 2 hdg div 3B hdg – om div 5 hdg 105 – 75 – 106 76 – 107 77 – 108 78 – 109 – 78A 110 79 – 111 div 4 hdg – div 6 hdg sdiv 1 hdg – sdiv 1 hdg 80 – 112 81 – 113 sdiv 2 hdg – sdiv 2 hdg 82 83 84 85 86 87 88 89 90 div 5 hdg – – – – – – – – – om 114 115 116 117 118 119 120 121 122 –

928 Local Government Act 1993 Original Act – – 91 – – 92 – – – – – – – – – – – – 93 – – – – – – 94 Reprint No. 1 26/3/94 – – 91 – – 92 – – – – – – – – – – – – 93 – – – – – – 94 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – 91 – – 92 – – – – – – – – – – – – 93 – – – – – – 94 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – 91 – – 92 – – – – – – – – – – – – 93 – – – – – – 94 New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 div 4A hdg div 7 hdg sdiv 1 hdg sdiv 1 hdg – 123 91A 124 sdiv 2 hdg sdiv 2 hdg – 125 92A 126 92B 127 92C 128 92D 129 92E 130 92F 131 92G 132 92H 133 92I 134 92J 135 92K 136 sdiv 3 hdg sdiv 3 hdg – 137 93A 138 93B 139 93C 140 93D 141 93E 142 sdiv 4 hdg sdiv 4 hdg – 143

929 Local Government Act 1993 Original Act – – – 95 – 96 – – 97 98 99 100 – 101 div 6 hdg 102 103 104 105 div 7 hdg 106 – 106(3) 106(4) 106(5) 107 108 Reprint No. 1 26/3/94 – – – 95 – 96 – – 97 98 99 100 – 101 div 6 hdg 102 103 104 105 div 7 hdg 106 – 106(3) 106(4) 106(5) 107 108 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – 95 – 96 – – 97 98 99 100 – 101 div 6 hdg 102 103 104 105 div 7 hdg 106 – 106(3) 106(4) 106(5) 107 108 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – 95 – 96 – – 97 98 99 100 – 101 div 6 hdg 102 103 104 105 div 7 hdg 106 – 106(3) 106(4) 106(5) 107 108 New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 94A 144 div 5 hdg div 8 hdg sdiv 1 hdg sdiv 1 hdg – 145 sdiv 2 hdg sdiv 2 hdg – 146 96A 147 sdiv 3 hdg sdiv 3 hdg – 148 – 149 – 150 – 151 div 6 hdg div 9 hdg – 152 om – – 153 – 154 – 155 – 156 – div 10 hdg – 157 106(2A) 157(3) – 157(4) – 157(5) – 157(6) – 158 – 159

930 Local Government Act 1993 Original Act pt 2 hdg div 1 hdg 109 110 111 112 113 114 115 div 2 hdg 116 117 118 div 3 hdg 119 120 121 122 123 124 125 126 div 4 hdg 127 128 129 130 131 132 Reprint No. 1 26/3/94 pt 2 hdg div 1 hdg 109 110 111 112 113 114 115 div 2 hdg 116 117 118 div 3 hdg 119 120 121 122 123 124 125 126 div 4 hdg 127 128 129 130 131 132 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 pt 2 hdg div 1 hdg 109 110 111 112 113 114 115 div 2 hdg 116 117 118 div 3 hdg 119 120 121 122 123 124 125 126 div 4 hdg 127 128 129 130 131 132 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 pt 2 hdg div 1 hdg 109 110 111 112 113 114 115 div 2 hdg 116 117 118 div 3 hdg 119 120 121 122 123 124 125 126 div 4 hdg 127 128 129 130 131 132 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 pt 2 hdg div 1 hdg 160 161 162 163 164 165 166 div 2 hdg 167 168 169 div 3 hdg 170 171 172 173 174 175 176 177 div 4 hdg 178 179 180 181 182 183

931 Local Government Act 1993 Original Act 133 134 135 136 137 – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 133 134 135 136 137 – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 133 134 135 136 137 – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 133 134 135 136 137 – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 – – – – – pt 2A hdg div 1 hdg 137A 137B 137C 137D 137E div 2 hdg 137F 137G 137H 137I 137J 137K 137L div 3 hdg 137M 137N 137O 137P div 4 hdg sdiv 1 hdg 137Q Reprint No. 4 1/7/98 184 185 186 187 188 exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp

932 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 sdiv 2 hdg 137R 137S 137T 137U 137V 137W 137X 137Y 137Z 137ZA 137ZB 137ZC 137ZD 137ZE 137ZF 137ZG 137ZH 137ZI 137ZJ 137ZK 137ZL 137ZM sdiv 3 hdg 137ZN 137ZO 137ZP 137ZQ Reprint No. 4 1/7/98 exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp

933 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – pt 3 hdg div 1 hdg 138 139 div 2 hdg 140 141 Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – pt 3 hdg div 1 hdg 138 139 div 2 hdg 140 141 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – pt 3 hdg div 1 hdg 138 139 div 2 hdg 140 141 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – pt 3 hdg div 1 hdg 138 139 div 2 hdg 140 141 New ss ins between Reprint Nos. 3 and 4 137ZR 137ZS 137ZT div 5 hdg 137ZU 137ZV 137ZW 137ZX 137ZY 137ZZ div 6 hdg 137ZZA 137ZZB div 7 hdg 137ZZC 137ZZD 137ZZE div 8 hdg 137ZZF 137ZZG 137ZZH 137ZZI – – – – – – – Reprint No. 4 1/7/98 exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp pt 3 hdg div 1 hdg 189 190 div 2 hdg 191 192

934 Local Government Act 1993 Original Act 142 143 div 3 hdg 144 div 4 hdg 145 146 147 148 149 div 5 hdg sdiv A hdg 150 151 sdiv B hdg 152 153 154 155 156 157 158 159 160 div 6 hdg 161 162 163 Reprint No. 1 26/3/94 142 143 div 3 hdg 144 div 4 hdg 145 146 147 148 149 div 5 hdg sdiv A hdg 150 151 sdiv B hdg 152 153 154 155 156 157 158 159 160 div 6 hdg 161 162 163 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 142 143 div 3 hdg 144 div 4 hdg 145 146 147 148 149 div 5 hdg sdiv1 hdg 150 151 sdiv 2 hdg 152 153 154 155 156 157 158 159 160 div 6 hdg 161 162 163 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 142 143 div 3 hdg 144 div 4 hdg 145 146 147 148 149 div 5 hdg sdiv1 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – Reprint No. 4 1/7/98 193 194 div 3 hdg 195 div 4 hdg 196 197 198 199 200 div 5 hdg sdiv 1 hdg 150 – 201 151 – 202 sdiv 2 hdg – sdiv 2 hdg 152 – 203 153 – 204 154 – 205 155 – 206 156 – 207 157 – 208 158 – 209 159 – 210 160 – 211 div 6 hdg – div 6 hdg 161 – 212 162 – 213 163 – 214

935 Local Government Act 1993 Original Act 164 165 div 7 hdg 166 167 ch 4 hdg pt 1 hdg div 1 hdg 168 div 2 hdg 169 – 169(2) 170 171 172 173 – 174 div 3 hdg 175 176 pt 2 hdg div 1 hdg 177 178 179 div 2 hdg 180 Reprint No. 1 26/3/94 164 165 div 7 hdg 166 167 ch 4 hdg pt 1 hdg div 1 hdg 168 div 2 hdg 169 – 169(2) 170 171 172 173 – 174 div 3 hdg 175 176 pt 2 hdg div 1 hdg 177 178 179 div 2 hdg 180 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 164 165 div 7 hdg 166 167 ch 4 hdg pt 1 hdg div 1 hdg 168 div 2 hdg 169 – 169(2) 170 171 172 173 – 174 div 3 hdg 175 176 pt 2 hdg div 1 hdg 177 178 179 div 2 hdg 180 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 164 165 div 7 hdg 166 167 ch 4 hdg pt 1 hdg div 1 hdg 168 div 2 hdg 169 – 169(2) 170 171 172 173 – 174 div 3 hdg 175 176 pt 2 hdg div 1 hdg 177 178 179 div 2 hdg 180 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – 169(1A) – – – – – 173A – – – – – – – – – – – Reprint No. 4 1/7/98 215 216 div 7 hdg 217 218 ch 4 hdg pt 1 hdg div 1 hdg 219 div 2 hdg 220 220(2) 220(3) 221 222 223 224 225 226 div 3 hdg 227 228 pt 2 hdg div 1 hdg 229 230 231 div 2 hdg 232

936 Local Government Act 1993 Original Act 181 182 183 184 pt 3 hdg div 1 hdg 185 186 187 187(2) 187(3) 187(4) 188 div 2 hdg 189 190 191 192 193 194 195 196 197 198 pt 4 hdg 199 200 201 202 Reprint No. 1 26/3/94 181 182 183 184 pt 3 hdg div 1 hdg 185 186 187 187(2) 187(3) 187(4) 188 div 2 hdg 189 190 191 192 193 194 195 196 197 198 pt 4 hdg 199 200 201 202 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 181 182 183 184 pt 3 hdg div 1 hdg 185 186 187 187(2) 187(3) 187(4) 188 div 2 hdg 189 190 191 192 193 194 195 196 197 198 pt 4 hdg 199 200 201 202 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 181 182 183 184 pt 3 hdg div 1 hdg 185 186 187 187(2) 187(3) 187(4) 188 div 2 hdg 189 190 191 192 193 194 195 196 197 198 pt 4 hdg 199 200 201 202 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – om om – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 233 234 235 236 pt 3 hdg div 1 hdg 237 238 239 – – 239(2) 240 div 2 hdg 241 242 243 244 245 246 247 248 249 250 pt 4 hdg 251 252 253 254

937 Local Government Act 1993 Original Act – – 202(4) 202(5) – – 202(6) 202(7) 202(8) 203 204 pt 5 hdg 205 206 207 208 209 210 211 212 213 ch 5 hdg pt 1 hdg 214 215 216 217 218 219 Reprint No. 1 26/3/94 – – 202(4) 202(5) – – 202(6) 202(7) 202(8) 203 204 pt 5 hdg 205 206 207 208 209 210 211 212 213 ch 5 hdg pt 1 hdg 214 215 216 217 218 219 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – 202(4) 202(5) – – 202(6) 202(7) 202(8) 203 204 pt 5 hdg 205 206 207 208 209 210 211 212 213 ch 5 hdg pt 1 hdg 214 215 216 217 218 219 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – 202(4) 202(5) – – 202(6) 202(7) 202(8) 203 204 pt 5 hdg 205 206 207 208 209 210 211 212 213 ch 5 hdg pt 1 hdg 214 215 216 217 218 219 New ss ins between Reprint Nos. 3 and 4 202(3A) 202(3B) – – 202(5A) 202(5B) – – – – – – – – – – – – – – – – – – – – – om – Reprint No. 4 1/7/98 254(4) 254(5) 254(6) 254(7) 254(8) 254(9) 254(10) 254(11) 254(12) 255 256 pt 5 hdg 257 258 259 260 261 262 263 264 265 ch 5 hdg pt 1 hdg 266 267 268 269 – 270

938 Local Government Act 1993 Original Act – pt 2 hdg 220 221 222 pt 3 hdg 223 224 225 226 227 228 229 pt 4 hdg 230 231 pt 5 hdg – 232 233 234 – 234(2) 235 pt 6 hdg div 1 hdg 236 237 div 2 hdg Reprint No. 1 26/3/94 – pt 2 hdg 220 221 222 pt 3 hdg 223 224 225 226 227 228 229 pt 4 hdg 230 231 pt 5 hdg – 232 233 234 – 234(2) 235 pt 6 hdg div 1 hdg 236 237 div 2 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – pt 2 hdg 220 221 222 pt 3 hdg 223 224 225 226 227 228 229 pt 4 hdg 230 231 pt 5 hdg – 232 233 234 – 234(2) 235 pt 6 hdg div 1 hdg 236 237 div 2 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – pt 2 hdg 220 221 222 pt 3 hdg 223 224 225 226 227 228 229 pt 4 hdg 230 231 pt 5 hdg – 232 233 234 234(2) 235 pt 6 hdg div 1 hdg 236 237 div 2 hdg New ss ins between Reprint Nos. 3 and 4 219A – – – – – – – – – – – – – – – – 231A – – – 234(2A) – – – – – om – Reprint No. 4 1/7/98 271 pt 2 hdg 272 273 274 pt 3 hdg 275 276 277 278 279 280 281 pt 4 hdg 282 283 pt 5 hdg 284 285 286 287 287(3) 287(4) 288 pt 6 hdg div 1 hdg 289 – div 2 hdg

939 Local Government Act 1993 Original Act 238 – 239 240 241 242 – 243 div 3 hdg 244 245 246 247 div 4 hdg 248 249 250 251 – 252 – 252(2) 252(3) 252(4) 253 254 255 256 257 Reprint No. 1 26/3/94 238 – 239 240 241 242 – 243 div 3 hdg 2444 245 246 247 div 4 hdg 248 249 250 251 – 252 – 252(2) 252(3) 252(4) 253 254 255 256 257 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 238 – 239 240 241 242 – 243 div 3 hdg 244 245 246 247 div 4 hdg 248 249 250 251 – 252 – 252(2) 252(3) 252(4) 253 254 255 256 257 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 238 – 239 240 241 242 – 243 div 3 hdg 244 245 246 247 div 4 hdg 248 249 250 251 – 252 – 252(2) 252(3) 252(4) 253 254 255 256 257 New ss ins between Reprint Nos. 3 and 4 – 238A – – – – 242A – – – – – om – – – – – 251A – 252(1A) – – – – – – – – Reprint No. 4 1/7/98 290 291 292 293 294 295 296 297 div 3 hdg 298 299 300 – div 4 hdg 301 302 303 304 305 306 306(2) 306(3) 306(4) 306(5) 307 308 309 310 311

940 Local Government Act 1993 Original Act 258 259 260 – 260(2) 261 262 div 5 hdg 263 264 div 6 hdg 265 266 267 268 269 div 7 hdg 270 271 272 273 274 275 div 8 hdg 276 277 278 279 div 9 hdg Reprint No. 1 26/3/94 258 259 260 – 260(2) 261 262 div 5 hdg 263 264 div 6 hdg 265 266 267 268 269 div 7 hdg 270 271 272 273 274 275 div 8 hdg 276 277 278 279 div 9 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 258 259 260 – 260(2) 261 262 div 5 hdg 263 264 div 6 hdg 265 266 267 268 269 div 7 hdg 270 271 272 273 274 275 div 8 hdg 276 277 278 279 div 9 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 258 259 260 – 260(2) 261 262 div 5 hdg 263 264 div 6 hdg 265 266 267 268 269 div 7 hdg 270 271 272 273 274 275 div 8 hdg 276 277 278 279 div 9 hdg New ss ins between Reprint Nos. 3 and 4 – – – 260(1A) – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 312 313 314 314(2) 314(3) 315 316 div 5 hdg 317 318 div 6 hdg 319 320 321 322 323 div 7 hdg 324 325 326 327 328 329 div 8 hdg 330 331 332 333 div 9 hdg

941 Local Government Act 1993 Original Act 280 281 282 283 284 285 286 287 288 div 10 hdg 289 290 291 292 293 294 295 296 297 298 – div 11 hdg 299 300 div 12 hdg 301 div 13 hdg Reprint No. 1 26/3/94 280 281 282 283 284 285 286 287 288 div 10 hdg 289 290 291 292 293 294 295 296 297 298 – div 11 hdg 299 300 div 12 hdg 301 div 13 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 280 281 282 283 284 285 286 287 288 div 10 hdg 289 290 291 292 293 294 295 296 297 298 – div 11 hdg 299 300 div 12 hdg 301 div 13 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 280 281 282 283 284 285 286 287 288 div 10 hdg 289 290 291 292 293 294 295 296 297 298 – div 11 hdg 299 300 div 12 hdg 301 div 13 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – 298A – – – – – – Reprint No. 4 1/7/98 334 335 336 337 338 339 340 341 342 div 10 hdg 343 344 345 346 347 348 349 350 351 352 353 div 11 hdg 354 355 div 12 hdg 356 div 13 hdg

942 Local Government Act 1993 Original Act 302 303 304 305 306 div 14 hdg 307 308 309 310 311 – 311(4)(b) 311(4)(c) 312 313 314 315 div 15 hdg 316 317 – 318 319 – 320 321 322 Reprint No. 1 26/3/94 302 303 304 305 306 div 14 hdg 307 308 309 310 311 – 311(4)(b) 311(4)(c) 312 313 314 315 div 15 hdg 316 317 – 318 319 – 320 321 322 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 302 303 304 305 306 div 14 hdg 307 308 309 310 311 – 311(4)(b) 311(4)(c) 312 313 314 315 div 15 hdg 316 317 – 318 319 – 320 321 322 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 New ss ins between Reprint Nos. 3 and 4 302 – 303 – 304 – 305 – 306 – div 14 hdg – 307 – 308 – 309 – 310 – 311 – – 311(4)(aa) 311(4)(b) – 311(4)(c) – 312 – 313 – 314 – 315 – div 15 hdg – 316 – 317 – – 317A 318 – 319 – – 319A 320 – 321 – 322 – Reprint No. 4 1/7/98 357 358 359 360 361 div 14 hdg 362 363 364 365 366 366(4)(b) 366(4)(c) 366(4)(d) 367 368 369 370 div 15 hdg 371 372 373 374 375 376 377 378 379

943 Local Government Act 1993 Original Act 323 – 324 div 16 hdg sdiv A hdg 325 326 327 328 329 330 331 332 333 sdiv B hdg 334 335 336 sdiv C hdg 337 338 339 340 341 342 343 344 Reprint No. 1 26/3/94 323 – 324 div 16 hdg sdiv A hdg 325 326 327 328 329 330 331 332 333 sdiv B hdg 334 335 336 sdiv C hdg 337 338 339 340 341 342 343 344 New ss ins between Reprint Nos. 1 and 2 – – – – – Reprint No. 2 3/4/95 323 – 324 div 16 hdg sdiv 1 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – Reprint No. 3 7/7/95 323 – 324 div 16 hdg sdiv 1 hdg New ss ins between Reprint Nos. 3 and 4 – 323A – – – Reprint No. 4 1/7/98 380 381 382 div 16 hdg sdiv 1 hdg – 325 – 325 – 383 – 326 – 326 – 384 – 327 – 327 – 385 – 328 – 328 – 386 – 329 – 329 – 387 – 330 – 330 – 388 – 331 – 331 – 389 – 332 – 332 – 390 – 333 – 333 – 391 – sdiv 2 hdg – sdiv 2 hdg – sdiv 2 hdg – 334 – 334 – 392 – 335 – 335 – 393 – 336 – 336 – 394 – sdiv 3 hdg – sdiv 3 hdg – sdiv 3 hdg – 337 – 337 – 395 – 338 – 338 – 396 – 339 – 339 – 397 – 340 – 340 – 398 – 341 – 341 – 399 – 342 – 342 – 400 – 343 – 343 – 401 – 344 – 344 – 402

944 Local Government Act 1993 Original Act 345 346 347 348 sdiv D hdg 349 – 349(2) 349(3) 349(4) 349(5) 349(6) 349(7) 349(8) 349(9) pt 7 hdg 350 – 350(3) 351 352 353 354 355 – – – – Reprint No. 1 26/3/94 345 346 347 348 sdiv D hdg 349 – 349(2) 349(3) 349(4) 349(5) 349(6) 349(7) 349(8) 349(9) pt 7 hdg 350 – 350(3) – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – Reprint No. 2 3/4/95 345 346 347 348 sdiv 4 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – Reprint No. 3 7/7/95 345 346 347 348 sdiv 4 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – Reprint No. 4 1/7/98 403 404 405 406 sdiv 4 hdg – 349 – 349 – 407 – – – – 349(1A) 407(2) – 349(2) – 349(2) – 407(3) – 349(3) – 349(3) – 407(4) – 349(4) – 349(4) – 407(5) – 349(5) – 349(5) – 407(6) – 349(6) – 349(6) – 407(7) – 349(7) – 349(7) – 407(8) – 349(8) – 349(8) – 407(9) – 349(9) – 349(9) – 407(10) – pt 7 hdg – pt 7 hdg – pt 7 hdg – 350 – 350 – 408 – – – – 350(2A) 408(3) – 350(3) – 350(3) – 408(4) – – – – – 409 – – – – – 410 – – – – – 411 – – – – – 412 – – – – – 413 – – – – pt 8 hdg pt 8 hdg – – – – div 1 hdg div 1 hdg – – – – 355A 414 – – – – 355B 415

945 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 355C 416 355D 417 div 2 hdg div 2 hdg sdiv 1 hdg sdiv 1 hdg 355E 418 355F 419 355G 420 355H 421 355I 422 sdiv 2 hdg sdiv 2 hdg 355J 423 355K 424 sdiv 3 hdg sdiv 3 hdg 355L 425 div 3 hdg div 3 hdg sdiv 1 hdg sdiv 1 hdg 355M 426 355N 427 355O 428 355P 429 sdiv 2 hdg sdiv 2 hdg 355Q 430 355R 431 sdiv 3 hdg sdiv 3 hdg 355S 432 div 4 hdg div 4 hdg

946 Local Government Act 1993 Original Act – – – – – – – – – – – ch 6 hdg pt 1 hdg div 1 hdg 356 357 358 div 2 hdg 359 360 361 362 363 364 365 div 3 hdg 366 367 368 Reprint No. 1 26/3/94 – – – – – – – – – – – ch 6 hdg pt 1 hdg div 1 hdg 356 357 358 div 2 hdg 359 360 361 362 363 364 365 div 3 hdg 366 367 368 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – ch 6 hdg pt 1 hdg div 1 hdg 356 357 358 div 2 hdg 359 360 361 362 363 364 365 div 3 hdg 366 367 368 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – ch 6 hdg pt 1 hdg div 1 hdg 356 357 358 div 2 hdg 359 360 361 362 363 364 365 div 3 hdg 366 367 368 New ss ins between Reprint Nos. 3 and 4 355T 355U 355V div 5 hdg 355W 355X 355Y 355Z 355ZA div 6 hdg 355ZB – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 433 434 435 div 5 hdg 436 437 438 439 440 div 6 hdg 441 ch 6 hdg pt 1 hdg div 1 hdg 442 443 444 div 2 hdg 445 446 447 448 449 450 451 div 3 hdg 452 453 454

947 Local Government Act 1993 Original Act 369 370 371 372 373 div 4 hdg 374 375 376 377 378 379 div 5 hdg 380 381 382 383 384 div 6 hdg 385 386 – 386(5) 386(6) – – 387 pt 2 hdg 388 Reprint No. 1 26/3/94 369 370 371 372 373 div 4 hdg 374 375 376 377 378 379 div 5 hdg 380 381 382 383 384 div 6 hdg 385 386 – 386(5) 386(6) 387 pt 2 hdg 388 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 369 370 371 372 373 div 4 hdg 374 375 376 377 378 379 div 5 hdg 380 381 382 383 384 div 6 hdg 385 386 – 386(5) 386(6) – – 387 pt 2 hdg 388 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 369 370 371 372 373 div 4 hdg 374 375 376 377 378 379 div 5 hdg 380 381 382 383 384 div 6 hdg 385 386 – 386(5) 386(6) – – 387 pt 2 hdg 388 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – 386(4A) – – 386(7) 386(8) – – – Reprint No. 4 1/7/98 455 456 457 458 459 div 4 hdg 460 461 462 463 464 465 div 5 hdg 466 467 468 469 470 div 6 hdg 471 472 472(5) 472(6) 472(7) 472(8) 472(9) 473 pt 2 hdg 474

948 Local Government Act 1993 Original Act 389 390 391 392 393 394 pt 3 hdg div 1 hdg 395 396 397 div 2 hdg 398 399 400 401 402 403 404 div 3 hdg 405 406 – 406(2) 406(3) pt 4 hdg div 1 hdg 407 408 Reprint No. 1 26/3/94 389 390 391 392 393 394 pt 3 hdg div 1 hdg 395 396 397 div 2 hdg 398 399 400 401 402 403 404 div 3 hdg 405 406 – 406(2) 406(3) pt 4 hdg div 1 hdg 407 408 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 389 390 391 392 393 394 pt 3 hdg div 1 hdg 395 396 397 div 2 hdg 398 399 400 401 402 403 404 div 3 hdg 405 406 – 406(2) 406(3) pt 4 hdg div 1 hdg 407 408 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – 406(1A) – – – – – – Reprint No. 3 7/7/95 389 390 391 392 393 394 pt 3 hdg div 1 hdg 395 396 397 div 2 hdg 398 399 400 401 402 403 404 div 3 hdg 405 406 406(1A) 406(2) 406(3) pt 4 hdg div 1 hdg 407 408 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 475 476 477 478 479 480 pt 3 hdg div 1 hdg 481 482 483 div 2 hdg 484 485 486 487 488 489 490 div 3 hdg 491 492 492(2) 492(3) 492(4) pt 4 hdg div 1 hdg 493 494

949 Local Government Act 1993 Original Act 409 div 2 hdg 410 411 div 3 hdg 412 413 414 415 ch 7 hdg pt 1 hdg 416 417 pt 2 hdg 418 419 420 421 422 423 424 425 426 427 pt 3 hdg 428 429 430 431 Reprint No. 1 26/3/94 409 div 2 hdg 410 411 div 3 hdg 412 413 414 415 ch 7 hdg pt 1 hdg 416 417 pt 2 hdg 418 419 420 421 422 423 424 425 426 427 pt 3 hdg 428 429 430 431 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 409 div 2 hdg 410 411 div 3 hdg 412 413 414 415 ch 7 hdg pt 1 hdg 416 417 pt 2 hdg 418 419 420 421 422 423 424 425 426 427 pt 3 hdg 428 429 430 431 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 409 div 2 hdg 410 411 div 3 hdg 412 413 414 415 ch 7 hdg pt 1 hdg 416 417 pt 2 hdg 418 419 420 421 422 423 424 425 426 427 pt 3 hdg 428 429 430 431 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 495 div 2 hdg 496 497 div 3 hdg 498 499 500 501 ch 7 hdg pt 1 hdg 502 503 pt 2 hdg 504 505 506 507 508 509 510 511 512 513 pt 3 hdg 514 515 516 517

950 Local Government Act 1993 Original Act pt 4 hdg 432 433 434 435 436 437 438 pt 5 hdg 439 440 441 442 pt 6 hdg 443 444 445 pt 7 hdg 446 pt 8 hdg 447 448 449 450 451 pt 9 hdg 452 453 pt 10 hdg Reprint No. 1 26/3/94 pt 4 hdg 432 433 434 435 436 437 438 pt 5 hdg 439 440 441 442 pt 6 hdg 443 444 445 pt 7 hdg 446 pt 8 hdg 447 448 449 450 451 pt 9 hdg 452 453 pt 10 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 pt 4 hdg 432 433 434 435 436 437 438 pt 5 hdg 439 440 441 442 pt 6 hdg 443 444 445 pt 7 hdg 446 pt 8 hdg 447 448 449 450 451 pt 9 hdg 452 453 pt 10 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 pt 4 hdg 432 433 434 435 436 437 438 pt 5 hdg 439 440 441 442 pt 6 hdg 443 444 445 pt 7 hdg 446 pt 8 hdg 447 448 449 450 451 pt 9 hdg 452 453 pt 10 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – om om – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 pt 4 hdg 518 519 520 521 522 523 524 pt 5 hdg 525 – – 526 pt 6 hdg 527 528 529 pt 7 hdg 530 pt 8 hdg 531 532 533 534 535 pt 9 hdg 536 537 pt 10 hdg

951 Local Government Act 1993 Original Act 454 455 456 457 458 – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 454 455 456 457 458 – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 454 455 456 457 458 – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 454 455 456 457 458 – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 – 538 – 539 – 540 – 541 – 542 ch 7A hdg ch 8 hdg pt 1 hdg pt 1 hdg 458A 543 458AA (prev 458B) 544 pt 2 hdg pt 2 hdg 458AB (prev 458C) 545 pt 2A hdg pt 3 hdg 458AC 546 458AD 547 458AE 548 pt 3 hdg pt 4 hdg div 1 hdg div 1 hdg 458B (prev 458D) 549 458BA (prev 458E) 550 458BB (prev 458F) 551 458BC (prev 458G) 552

952 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458BD (prev 458H) div 2 hdg 458BE (prev 458I) div 3 hdg 458BF (prev 458J) 458BG 458BH (prev 458K) 458BI (prev 458L) 458BJ (prev 458M) div 4 hdg 458BK 458BL 458BM 458BN 458BO 458BP 458BQ pt 4 hdg 458C 458CA 458CB Reprint No. 4 1/7/98 553 div 2 hdg 554 div 3 hdg 555 556 557 558 559 div 4 hdg 560 561 562 563 564 565 566 pt 5 hdg 567 568 569

953 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 458CC 570 pt 5 hdg pt 6 hdg div 1 hdg div 1 hdg 458CD 571 div 2 hdg div 2 hdg 458CE 572 458CF 573 458CG 574 div 3 hdg div 3 hdg 458CH 575 458CI 576 458CJ 577 div 4 hdg div 4 hdg 458CK 578 div 5 hdg div 5 hdg 458CL 579 458CM 580 div 6 hdg div 6 hdg 458CN 581 458CO 582 458CP 583 pt 6 hdg pt 7 hdg div 1 hdg div 1 hdg sdiv 1 hdg sdiv 1 hdg 458D 584 sdiv 2 hdg sdiv 2 hdg 458DA 585 458DB 586

954 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 458DC 587 458DD 588 sdiv 3 hdg sdiv 3 hdg 458DE 589 458DF 590 458DG 591 458DH 592 458DI 593 458DJ 594 sdiv 4 hdg sdiv 4 hdg 458DK 595 sdiv 5 hdg sdiv 5 hdg 458DL 596 458DM 597 458DN 598 458DO 599 div 2 hdg div 2 hdg sdiv 1 hdg sdiv 1 hdg 458E 600 458EA 601 sdiv 2 hdg sdiv 2 hdg 458EB 602 458EC 603 sdiv 3 hdg sdiv 3 hdg 458ED 604 458EE 605

955 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 458EF 606 458EG 607 sdiv 4 hdg sdiv 4 hdg 458EH 608 458EI 609 sdiv 5 hdg sdiv 5 hdg 458EJ 610 458EK 611 458EL 612 458EM 613 sdiv 6 hdg sdiv 6 hdg 458EN 614 sdiv 7 hdg sdiv 7 hdg 458F 615 458FA 616 458FB 617 sdiv 8 hdg sdiv 8 hdg 458FC 618 458FD 619 458FE 620 458FF 621 sdiv 9 hdg sdiv 9 hdg 458FG 622 458FH 623 sdiv 10 hdg sdiv 10 hdg

956 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 458FI 624 458FJ 625 458FK 626 458FL 627 458FM 628 sdiv 11 hdg sdiv 11 hdg 458FN 629 div 3 hdg div 3 hdg sdiv 1 hdg sdiv 1 hdg 458G 630 458GA 631 458GB 632 458GC 633 458GD 634 sdiv 2 hdg sdiv 2 hdg 458GE 635 458GF 636 sdiv 3 hdg sdiv 3 hdg 458GG 637 458GH 638 458GI 639 458GJ 640 458GK 641 458GL 642 sdiv 4 hdg sdiv 4 hdg 458GM 643

957 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 sdiv 5 hdg sdiv 5 hdg 458GN 644 458GO 645 458GP 646 458GQ 647 458GR 648 458GS 649 sdiv 6 hdg sdiv 6 hdg 458GT 650 458GU 651 458GV 652 458GW 653 458GX 654 sdiv 7 hdg sdiv 7 hdg 458H 655 458HA 656 sdiv 8 hdg sdiv 8 hdg 458HB 657 458HC 658 458HD 659 458HE 660 458HF 661 458HG 662 458HH 663 458HI 664 sdiv 9 hdg sdiv 9 hdg

958 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458HJ 458HK 458HL sdiv 10 hdg 458HM 458HN sdiv 11 hdg 458HO 458HP 458HQ 458HR 458HS 458HT 458HU sdiv 12 hdg 458I 458IA sdiv 13 hdg 458IB sdiv 14 hdg 458IC sdiv 15 hdg 458ID sdiv 16 hdg 458IE Reprint No. 4 1/7/98 665 666 667 sdiv 10 hdg 668 669 sdiv 11 hdg 670 671 672 673 674 675 676 sdiv 12 hdg 677 678 sdiv 13 hdg 679 sdiv 14 hdg 680 sdiv 15 hdg 681 sdiv 16 hdg 682

959 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458IF 458IG 458IH 458II 458IJ sdiv 17 hdg 458IK 458IL 458IM 458IN 458IO 458IP 458IQ 458IR 458IS 458IT 458IU 458IV sdiv 18 hdg 458J 458JA 458JB 458JC 458JD 458JE 458JF sdiv 19 hdg Reprint No. 4 1/7/98 683 684 685 686 687 sdiv 17 hdg 688 689 690 691 692 693 694 695 696 697 698 699 sdiv 18 hdg 700 701 702 703 704 705 706 sdiv 19 hdg

960 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458JG 458JH sdiv 20 hdg 458JI 458JJ sdiv 21 hdg 458JK 458JL 458JM sdiv 22 hdg 458JN 458JO 458JP sdiv 23 hdg 458JQ 458JR 458JS 458JT 458JU 458JV sdiv 24 hdg 458K 458KA 458KB 458KC 458KD Reprint No. 4 1/7/98 707 708 sdiv 20 hdg 709 710 sdiv 21 hdg 711 712 713 sdiv 22 hdg 714 715 716 sdiv 23 hdg 717 718 719 720 721 722 sdiv 24 hdg 723 724 725 726 727

961 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458KE div 4 hdg 458KF 458KG 458KH 458KI 458KJ div 5 hdg sdiv 1 hdg 458L 458LA sdiv 2 hdg 458LB 458LC 458LD 458LE (prev459 LE) 458LF 458LG 458LH 458LI sdiv 3 hdg 458LJ 458LK 458LL 458LM 458LN Reprint No. 4 1/7/98 728 div 4 hdg 729 730 731 732 733 div 5 hdg sdiv 1 hdg 734 735 sdiv 2 hdg 736 737 738 739 740 741 742 743 sdiv 3 hdg 744 745 746 747 748

962 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458LO 458LP div 6 hdg 458LQ 458LR 458LS 458LT 458LU 458LV 458LW ch 7B hdg pt 1 hdg 458M 458MA 458MB pt 2 hdg 458MC 458MD pt 3 hdg 458ME 458MF pt 4 hdg 458MG 458MH 458MI 458MJ ch 7C hdg pt 1 hdg Reprint No. 4 1/7/98 749 750 div 6 hdg 751 752 753 754 755 756 757 ch 9 hdg pt 1 hdg 758 759 760 pt 2 hdg 761 762 pt 3 hdg 763 764 pt 4 hdg 765 766 767 768 ch 10 hdg pt 1 hdg

963 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458N 458NA 458NB pt 2 hdg 458NC pt 3 hdg 458ND 458NE 458NF 458NG 458NH pt 4 hdg 458NI 458NJ 458NK 458NL 458NM pt 5 hdg 458NN 458NO 458NP 458NQ ch 7D hdg pt 1 hdg 458O 458OA 458OB 458OC Reprint No. 4 1/7/98 769 770 771 pt 2 hdg 772 pt 3 hdg 773 774 775 776 777 pt 4 hdg 778 779 780 781 782 pt 5 hdg 783 784 785 786 ch 11 hdg pt 1hdg 787 788 789 790

964 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 pt 2 hdg div 1 hdg 458OD 458OE div 2 hdg 458OF 458OG 458OH 458OI 458OJ 458OK div 3 hdg 458OL 458OM 458ON 458OO 458OP 458OQ 458OR div 4 hdg 458OS 458OT 458OU 458OV div 5 hdg 458OW 458OX 458OY 458OZ Reprint No. 4 1/7/98 pt 2 hdg div 1 hdg 791 792 div 2 hdg 793 794 795 796 797 798 div 3 hdg 799 800 801 802 803 804 805 div 4 hdg 806 807 808 809 div 5 hdg 810 811 812 813

965 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 458OZA div 6 hdg 458OZB 458OZC 458OZD 458OZE 458OZF 458OZG pt 3 hdg div 1 hdg 458P div 2 hdg 458PA 458PB 458PC 458PD 458PE 458PF div 3 hdg 458PG 458PH 458PI 458PJ pt 4 hdg 458Q 458QA 458QB 458QC 458QD Reprint No. 4 1/7/98 814 div 6 hdg 815 816 817 818 819 820 pt 3 hdg div 1 hdg 821 div 2 hdg 822 823 824 825 826 827 div 3 hdg 828 829 830 831 pt 4 hdg 832 833 834 835 836

966 Local Government Act 1993 Original Act – – – – – – – – – – – – ch 8 hdg pt 1 hdg div 1 hdg 459 460 div 2 hdg 461 462 463 464 – pt 2 hdg div 1 hdg – 465 466 467 Reprint No. 1 26/3/94 – – – – – – – – – – – – ch 8 hdg pt 1 hdg div 1 hdg 459 460 div 2 hdg 461 462 463 464 – pt 2 hdg div 1 hdg – 465 466 467 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – ch 8 hdg pt 1 hdg div 1 hdg 459 460 div 2 hdg 461 462 463 464 – pt 2 hdg – – 465 466 467 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – div 1 hdg – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – ch 8 hdg pt 1 hdg div 1 hdg 459 460 div 2 hdg 461 462 463 464 – pt 2 hdg div 1 hdg – 465 466 467 New ss ins between Reprint Nos. 3 and 4 458QE 458QF 458QG 458QH 458QI 458QJ 458QK 458QL 458QM pt 5 hdg 458R 458RA – – – – – – – – – – 464AA – – 464A – – – Reprint No. 4 1/7/98 837 838 839 840 841 842 843 844 845 pt 5 hdg 846 847 ch 12 hdg pt 1 hdg div 1 hdg 848 849 div 2 hdg 850 851 852 853 854 pt 2 hdg div 1 hdg 855 856 857 858

967 Local Government Act 1993 Original Act div 2 hdg 468 469 470 471 472 div 3 hdg – 473 474 475 476 477 478 479 480 481 482 div 4 hdg – 483 484 485 486 487 488 489 – – Reprint No. 1 26/3/94 div 2 hdg 468 469 470 471 472 div 3 hdg – 473 474 475 476 477 478 479 480 481 482 div 4 hdg – 483 484 485 486 487 488 489 – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – 489A – Reprint No. 2 3/4/95 div 2 hdg 468 469 470 471 472 div 3 hdg – 473 474 475 476 477 478 479 480 481 482 div 4 hdg – 483 484 485 486 487 488 489 489A – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 div 2 hdg 468 469 470 471 472 div 3 hdg – 473 474 475 476 477 478 479 480 481 482 div 4 hdg – 483 484 485 486 487 488 489 489A – New ss ins between Reprint Nos. 3 and 4 – – – – – – – 472A – – – – – – – – – – – 482A – – – – – – – – div 5 hdg Reprint No. 4 1/7/98 div 2 hdg 859 860 861 862 863 div 3 hdg 864 865 866 867 868 869 870 871 872 873 874 div 4 hdg 875 876 877 878 879 880 881 882 883 div 5 hdg

968 Local Government Act 1993 Original Act – – – – – – – – – – pt 3 hdg 490 491 pt 4 hdg 492 493 494 495 ch 9 hdg pt 1 hdg 496 pt 2 hdg div 1 hdg 497 div 2 hdg 498 499 500 501 Reprint No. 1 26/3/94 – – – – – – – – – – pt 3 hdg 490 491 pt 4 hdg 492 493 494 495 ch 9 hdg pt 1 hdg 496 pt 2 hdg div 1 hdg 497 div 2 hdg 498 499 500 501 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – pt 3 hdg 490 491 pt 4 hdg 492 493 494 495 ch 9 hdg pt 1 hdg 496 pt 2 hdg div 1 hdg 497 div 2 hdg 498 499 500 501 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – pt 3 hdg 490 491 pt 4 hdg 492 493 494 495 ch 9 hdg pt 1 hdg 496 pt 2 hdg div 1 hdg 497 div 2 hdg 498 499 500 501 New ss ins between Reprint Nos. 3 and 4 489B 489C 489D 489E 489F 489G 489H 489I 489J 489K – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 884 885 886 887 888 889 890 891 892 893 pt 3 hdg 894 895 pt 4 hdg 896 897 898 899 ch 13 hdg pt 1 hdg 900 pt 2 hdg div 1 hdg 901 div 2 hdg 902 903 904 905

969 Local Government Act 1993 Original Act 502 503 504 505 506 507 508 509 div 3 hdg 510 511 div 4 hdg 512 513 514 515 516 517 pt 3 hdg 518 519 520 521 522 523 524 525 pt 4 hdg 526 Reprint No. 1 26/3/94 502 503 504 505 506 507 508 509 div 3 hdg 510 511 div 4 hdg 512 513 514 515 516 517 pt 3 hdg 518 519 520 521 522 523 524 525 pt 4 hdg 526 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 502 503 504 505 506 507 508 509 div 3 hdg 510 511 div 4 hdg 512 513 514 515 516 517 pt 3 hdg 518 519 520 521 522 523 524 525 pt 4 hdg 526 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 502 503 504 505 506 507 508 509 div 3 hdg 510 511 div 4 hdg 512 513 514 515 516 517 pt 3 hdg 518 519 520 521 522 523 524 525 pt 4 hdg 526 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 906 907 908 909 910 911 912 913 div 3 hdg 914 915 div 4 hdg 916 917 918 919 920 921 pt 3 hdg 922 923 924 925 926 927 928 929 pt 4 hdg 930

970 Local Government Act 1993 Original Act 527 528 529 530 531 532 pt 5 hdg div 1 hdg 533 div 2 hdg 534 535 536 537 div 3 hdg 538 539 540 541 542 543 544 545 546 547 548 549 550 div 4 hdg Reprint No. 1 26/3/94 527 528 529 530 531 532 pt 5 hdg div 1 hdg 533 div 2 hdg 534 535 536 537 div 3 hdg 538 539 540 541 542 543 544 545 546 547 548 549 550 div 4 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 527 528 529 530 531 532 pt 5 hdg div 1 hdg 533 div 2 hdg 534 535 536 537 div 3 hdg 538 539 540 541 542 543 544 545 546 547 548 549 550 div 4 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 527 528 529 530 531 532 pt 5 hdg div 1 hdg 533 div 2 hdg 534 535 536 537 div 3 hdg 538 539 540 541 542 543 544 545 546 547 548 549 550 div 4 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 931 932 933 934 935 936 pt 5 hdg div 1 hdg 937 div 2 hdg 938 939 940 941 div 3 hdg 942 943 944 945 946 947 948 949 950 951 952 953 954 div 4 hdg

971 Local Government Act 1993 Original Act 551 div 5 hdg 552 ch 10 hdg pt 1 hdg div 1 hdg 553 div 2 hdg 554 555 556 557 558 pt 2 hdg 559 560 561 562 563 564 565 566 567 568 569 570 571 pt 3 hdg div 1 hdg Reprint No. 1 26/3/94 551 div 5 hdg 552 ch 10 hdg pt 1 hdg div 1 hdg 553 div 2 hdg 554 555 556 557 558 pt 2 hdg 559 560 561 562 563 564 565 566 567 568 569 570 571 pt 3 hdg div 1 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 551 div 5 hdg 552 ch 10 hdg pt 1 hdg div 1 hdg 553 div 2 hdg 554 555 556 557 558 pt 2 hdg 559 560 561 562 563 564 565 566 567 568 569 570 571 pt 3 hdg div 1 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 551 div 5 hdg 552 ch 10 hdg pt 1 hdg div 1 hdg 553 div 2 hdg 554 555 556 557 558 pt 2 hdg 559 560 561 562 563 564 565 566 567 568 569 570 571 pt 3 hdg div 1 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 955 div 5 hdg 956 ch 14 hdg pt 1 hdg div 1 hdg 957 div 2 hdg 958 959 960 961 962 pt 2 hdg 963 964 965 966 967 968 969 970 971 972 973 974 975 pt 3 hdg div 1 hdg

972 Local Government Act 1993 Original Act 572 573 574 575 div 2 hdg 576 577 578 div 3 hdg 579 div 4 hdg 580 581 582 583 584 585 586 587 div 5 hdg 588 589 pt 4 hdg div 1 hdg 590 591 592 593 594 Reprint No. 1 26/3/94 572 573 574 575 div 2 hdg 576 577 578 div 3 hdg 579 div 4 hdg 580 581 582 583 584 585 586 587 div 5 hdg 588 589 pt 4 hdg div 1 hdg 590 591 592 593 594 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 572 573 574 575 div 2 hdg 576 577 578 div 3 hdg 579 div 4 hdg 580 581 582 583 584 585 586 587 div 5 hdg 588 589 pt 4 hdg div 1 hdg 590 591 592 593 594 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 572 573 574 575 div 2 hdg 576 577 578 div 3 hdg 579 div 4 hdg 580 581 582 583 584 585 586 587 div 5 hdg 588 589 pt 4 hdg div 1 hdg 590 591 592 593 594 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 976 977 978 979 div 2 hdg 980 981 982 div 3 hdg 983 div 4 hdg 984 985 986 987 988 989 990 991 div 5 hdg 992 993 pt 4 hdg div 1 hdg 994 995 996 997 998

973 Local Government Act 1993 Original Act div 2 hdg 595 596 597 598 599 div 3 hdg 600 601 602 603 pt 5 hdg div 1 hdg 604 605 div 2 hdg 606 607 608 609 610 611 – div 3 hdg 612 613 614 div 4 hdg 615 Reprint No. 1 26/3/94 div 2 hdg 595 596 597 598 599 div 3 hdg 600 601 602 603 pt 5 hdg div 1 hdg 604 605 div 2 hdg 606 607 608 609 610 611 – div 3 hdg 612 613 614 div 4 hdg 615 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 div 2 hdg 595 596 597 598 599 div 3 hdg 600 601 602 603 pt 5 hdg div 1 hdg 604 605 div 2 hdg 606 607 608 609 610 611 – div 3 hdg 612 613 614 div 4 hdg 615 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 div 2 hdg 595 596 597 598 599 div 3 hdg 600 601 602 603 pt 5 hdg div 1 hdg 604 605 div 2 hdg 606 607 608 609 610 611 – div 3 hdg 612 613 614 div 4 hdg 615 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – 611(3A) – – – – – – Reprint No. 4 1/7/98 div 2 hdg 999 1000 1001 1002 1003 div 3 hdg 1004 1005 1006 1007 pt 5 hdg div 1 hdg 1008 1009 div 2 hdg 1010 1011 1012 1013 1014 1015 1015(4) div 3 hdg 1016 1017 1018 div 4 hdg 1019

974 Local Government Act 1993 Original Act 616 617 618 619 div 5 hdg sdiv A hdg 620 621 622 sdiv B hdg 623 624 625 626 pt 6 hdg 627 – 627(4) 628 – 628(5) 629 630 631 632 pt 7 hdg div 1 hdg 633 Reprint No. 1 26/3/94 616 617 618 619 div 5 hdg sdiv A hdg 620 621 622 sdiv B hdg 623 624 625 626 pt 6 hdg 627 – 627(4) 628 – 628(5) 629 630 631 632 pt 7 hdg div 1 hdg 633 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 616 617 618 619 div 5 hdg sdiv 1 hdg 620 621 622 sdiv 2 hdg 623 624 625 626 pt 6 hdg 627 – 627(4) 628 – 628(5) 629 630 631 632 pt 7 hdg div 1 hdg 633 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 616 – 1020 617 – 1021 618 – 1022 619 – 1023 div 5 hdg – div 5 hdg sdiv 1 hdg – sdiv 1 hdg 620 – 1024 621 – 1025 622 – 1026 sdiv 2 hdg – sdiv 2 hdg 623 624 625 626 pt 6 hdg 627 – 627(4) 628 – 628(5) 629 630 631 632 pt 7 hdg div 1 hdg 633 – – – – – – 627(3A) – – 628(4A) – – – – – – – – 1027 1028 1029 1030 pt 6 hdg 1031 1031(4) 1031(5) 1032 1032(5) 1032(6) 1033 1034 1035 1036 pt 7 hdg div 1 hdg 1037

975 Local Government Act 1993 Original Act div 2 hdg 634 div 3 hdg 635 636 637 638 639 640 641 642 643 644 645 646 div 4 hdg 647 648 649 div 5 hdg 650 651 652 653 654 ch 11 hdg pt 1 hdg 655 – Reprint No. 1 26/3/94 div 2 hdg 634 div 3 hdg 635 636 637 638 639 640 641 642 643 644 645 646 div 4 hdg 647 648 649 div 5 hdg 650 651 652 653 654 ch 11 hdg pt 1 hdg 655 – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – pt 2 hdg Reprint No. 2 3/4/95 div 2 hdg 634 div 3 hdg 635 636 637 638 639 640 641 642 643 644 645 646 div 4 hdg 647 648 649 div 5 hdg 650 651 652 653 654 ch 11 hdg pt 1 hdg 655 pt 2 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 div 2 hdg 634 div 3 hdg 635 636 637 638 639 640 641 642 643 644 645 646 div 4 hdg 647 648 649 div 5 hdg 650 651 652 653 654 ch 11 hdg pt 1 hdg 655 pt 2 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 div 2 hdg 1038 div 3 hdg 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 div 4 hdg 1051 1052 1053 div 5 hdg 1054 1055 1056 1057 1058 ch 15 hdg pt 1 hdg 1059 pt 2 hdg

976 Local Government Act 1993 Original Act – pt 2 hdg 656 pt 3 hdg div 1 hdg 657 658 659 660 661 662 663 664 div 2 hdg 665 666 div 3 hdg 667 668 669 670 671 672 – – – 673 pt 4 hdg Reprint No. 1 26/3/94 – pt 2 hdg 656 pt 3 hdg div 1 hdg 657 658 659 660 661 662 663 664 div 2 hdg 665 666 div 3 hdg 667 668 669 670 671 672 – – – 673 pt 4 hdg New ss ins between Reprint Nos. 1 and 2 655A renum as pt 3 hdg – renum as pt 4 hdg – – – – – – – – – – – – – – – – – – – – – – – om Reprint No. 2 3/4/95 655A pt 3 hdg 656 pt 4 hdg div 1 hdg 657 658 659 660 661 662 663 664 div 2 hdg 665 666 div 3 hdg 667 668 669 670 671 672 – – – 673 – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 655A pt 3 hdg 656 pt 4 hdg div 1 hdg 657 658 659 660 661 662 663 664 div 2 hdg 665 666 div 3 hdg 667 668 669 670 671 672 – – – 673 – New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – 672A 672B 672C – – Reprint No. 4 1/7/98 1060 pt 3 hdg 1061 pt 4 hdg div 1 hdg 1062 1063 1064 1065 1066 1067 1068 1069 div 2 hdg 1070 1071 div 3 hdg 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 –

977 Local Government Act 1993 Original Act – – 674 675 – 676 677 678 679 680 – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – 674 675 – 676 677 678 679 680 – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 pt 5 hdg div 1 hdg – – div 2 hdg – – – – – 680A div 3 hdg 680B div 4 hdg 680C 680D 680E div 5 hdg 680F 680G div 6 hdg 680H 680I div 7 hdg 680J 680K 680L 680M div 8 hdg Reprint No. 2 3/4/95 pt 5 hdg div 1 hdg 674 675 div 2 hdg 676 677 678 679 680 681 div 3 hdg 682 div 4 hdg 683 684 685 div 5 hdg 686 687 div 6 hdg 688 689 div 7 hdg 690 691 692 693 div 8 hdg New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 pt 5 hdg div 1 hdg 674 675 div 2 hdg 676 677 678 679 680 681 div 3 hdg 682 div 4 hdg 683 684 685 div 5 hdg 686 687 div 6 hdg 688 689 div 7 hdg 690 691 692 693 div 8 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 pt 5 hdg div 1 hdg 1082 1083 div 2 hdg 1084 1085 1086 1087 1088 1089 div 3 hdg 1090 div 4 hdg 1091 1092 1093 div 5 hdg 1094 1095 div 6 hdg 1096 1097 div 7 hdg 1098 1099 1100 1101 div 8 hdg

978 Local Government Act 1993 Original Act – – – – – – pt 5 hdg 681 682 683 684 685 686 687 pt 6 hdg 688 689 690 691 692 693 694 695 – pt 7 hdg 696 697 Reprint No. 1 26/3/94 – – – – – – pt 5 hdg 681 682 683 684 685 686 687 pt 6 hdg 688 689 690 691 692 693 694 695 – pt 7 hdg 696 697 New ss ins between Reprint Nos. 1 and 2 680N div 9 hdg 680O 680P div 10 hdg 680Q renum as pt 6 hdg – – – – – – – renum as pt 7 hdg – – – – – – – – – renum as pt 8 hdg – – Reprint No. 2 3/4/95 694 div 9 hdg 695 696 div 10 hdg 697 pt 6 hdg 698 699 700 701 702 703 704 pt 7 hdg 705 706 707 708 709 710 711 712 – pt 8 hdg 713 714 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 694 div 9 hdg 695 696 div 10 hdg 697 pt 6 hdg 698 699 700 701 702 703 704 pt 7 hdg 705 706 707 708 709 710 711 712 – pt 8 hdg 713 714 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – 712A – – – Reprint No. 4 1/7/98 1102 div 9 hdg 1103 1104 div 10 hdg 1105 pt 6 hdg 1106 1107 1108 1109 1110 1111 1112 pt 7 hdg 1113 1114 1115 1116 1117 1118 1119 1120 1121 pt 8 hdg 1122 1123

979 Local Government Act 1993 Original Act 698 699 700 ch 12 hdg pt 1 hdg 701 702 pt 2 hdg 703 704 pt 3 hdg 705 706 707 708 709 710 711 pt 4 hdg 712 713 714 715 716 717 718 pt 5 hdg 719 720 Reprint No. 1 26/3/94 698 699 700 ch 12 hdg pt 1 hdg 701 702 pt 2 hdg 703 704 pt 3 hdg 705 706 707 708 709 710 711 pt 4 hdg 712 713 714 715 716 717 718 pt 5 hdg 719 720 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 715 716 717 ch 12 hdg pt 1 hdg 718 719 pt 2 hdg 720 721 pt 3 hdg 722 723 724 725 726 727 728 pt 4 hdg 729 730 731 732 733 734 735 pt 5 hdg 736 737 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 715 716 717 ch 12 hdg pt 1 hdg 718 719 pt 2 hdg 720 721 pt 3 hdg 722 723 724 725 726 727 728 pt 4 hdg 729 730 731 732 733 734 735 pt 5 hdg 736 737 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 1124 1125 1126 ch 16 hdg pt 1 hdg 1127 1128 pt 2 hdg 1129 1130 pt 3 hdg 1131 1132 1133 1134 1135 1136 1137 pt 4 hdg 1138 1139 1140 1141 1142 1143 1144 pt 5 hdg 1145 1146

980 Local Government Act 1993 Original Act 721 722 723 724 pt 6 hdg 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 – – – – Reprint No. 1 26/3/94 721 722 723 724 pt 6 hdg 725 726 727 728 729 730 731 732 733 734 735 736 737 738 739 740 741 742 743 – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 738 739 740 741 pt 6 hdg 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – ch 12A hdg pt 1 hdg 743A 743B Reprint No. 3 7/7/95 738 739 740 741 pt 6 hdg 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 ch 13 hdg pt 1 hdg 761 762 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 1147 1148 1149 1150 pt 6 hdg 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 ch 17 hdg pt 1 hdg 1170 1171

981 Local Government Act 1993 Original Act – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 1 26/3/94 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 pt 2 hdg div 1 hdg 743C 743D 743E 743F div 2 hdg 743G 743H 743I div 3 hdg 743J pt 3 hdg div 1 hdg 743K 743L div 2 hdg 743M 743N 743O 743P 743Q div 3 hdg 743R div 4 hdg 743S pt 4 hdg 743T 743U Reprint No. 3 7/7/95 pt 2 hdg div 1 hdg 763 764 765 766 div 2 hdg 767 768 769 div 3 hdg 770 pt 3 hdg div 1 hdg 771 772 div 2 hdg 773 774 775 776 777 div 3 hdg 778 div 4 hdg 779 pt 4 hdg 780 781 New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 pt 2 hdg div 1 hdg 1172 1173 1174 1175 div 2 hdg 1176 1177 1178 div 3 hdg 1179 pt 3 hdg div 1 hdg 1180 1181 div 2 hdg 1182 1183 1184 1185 1186 div 3 hdg 1187 div 4 hdg 1188 pt 4 hdg 1189 1190

982 Local Government Act 1993 Original Act – – – ch 13 hdg pt 1 hdg 744 745 746 747 748 749 pt 2 hdg 750 751 – 752 – – – – – – – – – – ch 14 hdg Reprint No. 1 26/3/94 – – – ch 13 hdg pt 1 hdg 744 745 746 747 748 749 pt 2 hdg 750 751 – 752 – – – pt 3 hdg 752A 752B 752C 752D 752E 752F ch 14 hdg New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 – – – ch 13 hdg pt 1 hdg 761 762 763 764 765 766 pt 2 hdg 767 768 – 769 – – – exp exp exp exp exp exp exp ch 14 hdg New ss ins between Reprint Nos. 2 and 3 743V 743W 743X – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 782 783 784 ch 18 hdg pt 1 hdg 785 786 787 788 789 790 pt 2 hdg 791 792 – 793 – – – – – – – – – – ch 15 hdg New ss ins between Reprint Nos. 3 and 4 – – – – – – exp new s 786 ins – – – – – – – 792A – 793A 793B 793C – – – – – – – – Reprint No. 4 1/7/98 1191 1192 1193 ch 18 hdg pt 1 hdg 1194 1195 1196 1197 1198 1199 pt 2 hdg 1200 1201 1202 1203 1204 1205 om – – – – – – – ch 19 hdg

983 Local Government Act 1993 Original Act pt 1 hdg div 1 hdg 753 754 755 div 2 hdg 756 757 758 759 760 761 div 3 hdg sdiv A hdg 762 763 764 765 766 sdiv B hdg 767 sdiv C hdg 768 div 4 hdg 769 div 5 hdg 770 Reprint No. 1 26/3/94 pt 1 hdg div 1 hdg 753 754 755 div 2 hdg 756 757 758 759 760 761 div 3 hdg sdiv A hdg 762 763 764 765 766 sdiv B hdg 767 sdiv C hdg 768 div 4 hdg 769 div 5 hdg 770 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 pt 1 hdg div 1 hdg 770 771 772 exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 pt 1 hdg div 1 hdg 794 795 796 – – – – – – – – – – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 4 1/7/98 pt 1 hdg div 1 hdg 1206 1207 1208 – – – – – – – – – – – – – – – – – – – – – –

984 Local Government Act 1993 Original Act 771 772 div 6 hdg 773 774 775 – div 7 hdg 776 777 778 779 780 781 – – – – – – – – – – – – – Reprint No. 1 26/3/94 771 772 div 6 hdg 773 774 775 – div 7 hdg 776 777 778 779 780 781 – – – – – – – – – – – – – New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 exp exp div 2 hdg 773 exp 774 – div 3 hdg 775 776 777 778 779 780 – – – – – – – – – – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – div 2 hdg exp 797 – div 3 hdg 798 799 800 801 802 803 – – – – – – – – – – – – – New ss ins between Reprint Nos. 3 and 4 Reprint No. 4 1/7/98 – – – – – div 2 hdg – – – – – 1209 797A 1210 – div 3 hdg – 1211 – 1212 – 1213 – 1214 – 1215 – 1216 div 3A hdg div 4 hdg sdiv 1 hdg sdiv 1 hdg 803A 1217 803B 1218 803C 1219 sdiv 2 hdg sdiv 2 hdg 803D 1220 803E 1221 803F 1222 803G 1223 803H 1224 803I 1225 803J 1226

985 Local Government Act 1993 Original Act – – – – – – div 8 hdg 782 783 784 785 786 div 9 hdg 787 788 789 790 791 – 792 div 10 hdg 793 div 11 hdg 794 795 Reprint No. 1 26/3/94 – – – – – – div 8 hdg 782 783 784 785 786 div 9 hdg 787 788 789 790 791 – 792 div 10 hdg 793 div 11 hdg 794 795 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – 791A – – – – – – Reprint No. 2 3/4/95 – – – – – – exp exp exp exp exp exp div 4 hdg 781 782 783 784 785 786 787 om om div 5 hdg 788 789 New ss ins between Reprint Nos. 2 and 3 – – – – – – – – – – – – – – – – – – – – – – – – – Reprint No. 3 7/7/95 – – – – – – – – – – – – div 4 hdg 804 805 806 807 808 exp 809 – – div 5 hdg 810 811 New ss ins between Reprint Nos. 3 and 4 803K 803L 803M 803N 803O 803P – – – – – – – – – – – – – – – – exp new div hdg ins exp new s 810 ins exp new s 811 ins Reprint No. 4 1/7/98 1227 1228 1229 1230 1231 1232 – – – – – – exp exp exp exp exp exp – exp – – div 5 hdg exp exp

986 Local Government Act 1993 Original Act 796 797 798 – – – – – – – – – – – – – – – – – – div 12 hdg 799 Reprint No. 1 26/3/94 796 797 798 – – – – – – – – – – – – – – – – – – div 12 hdg 799 New ss ins between Reprint Nos. 1 and 2 – – – – – – – – – – – – – – – – – – – – – – Reprint No. 2 3/4/95 790 791 792 – – – – – – – – – – – – – – – – – – div 6 hdg New ss ins between Reprint Nos. 2 and 3 – – – div11A hdg sdiv A hdg 798A 798B sdiv B hdg 798C 798D 798E 798F sdiv C hdg 798G 798H 798I 798J 798K sdiv D hdg 798L 798M – Reprint No. 3 7/7/95 812 813 814 exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp exp div 6 hdg New ss ins between Reprint Nos. 3 and 4 exp new s 812 ins – exp new s 814 ins – – – – – – – – – – – – – – – – – – – – 793 – 815 – Reprint No. 4 1/7/98 exp 1233 exp – – – – – – – – – – – – – – – – – – exp exp

987 Local Government Act 1993 Original Act 800 801 pt 2 hdg 802 803 pt 3 hdg 804 sch Reprint No. 1 26/3/94 800 801 om om om om om om New ss ins between Reprint Nos. 1 and 2 – – – 802 – – – – Reprint No. 2 3/4/95 794 795 – om – – – – New ss ins between Reprint Nos. 2 and 3 – – – – – – – – Reprint No. 3 7/7/95 816 817 – – – – – – New ss ins between Reprint Nos. 3 and 4 – – – – – – – – Reprint No. 4 1/7/98 exp exp – – – – – – 10 Information about retrospectivity Retrospective amendments that have been consolidated are noted in the list of legislation and list of annotations. Any retrospective amendment that has not been consolidated is noted in an editor’s note to the text. © State of Queensland 2010

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