Local Government Regulation 1994

Queensland Local Government Act 1993 Local Government Regulation 1994 Reprinted as in force on 1 July 2005 Reprint No. 5E 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 2005 SL No. 81 s 92

Information about this reprint This regulation is reprinted as at 1 July 2005. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). 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. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic 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 a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland Local Government Regulation 1994 Contents Part 1 Division 1 1 Division 2 2 3 3A 4 Part 2 5 Part 3 6 7 8 9 10 11 12 12A Part 4 13 13A 14 15 16 17 Page Preliminary Citation of regulation Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Prescribed pensions for meaning of pensioner . . . . . . . . . . . . . . 7 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Department’s address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 The local government system Criteria for cities and towns—Act, s 18 . . . . . . . . . . . . . . . . . . . . 8 Interaction with the State Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Issues identified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Prescribed issues—Act, s 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Prescribed issues—Act, s 107 . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Aims of joint arrangements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Application of joint arrangements . . . . . . . . . . . . . . . . . . . . . . . . . 12 Contents of agreements about joint arrangements . . . . . . . . . . . 13 Overruling particular local laws—Act, s 163. . . . . . . . . . . . . . . . . 13 Local government councillors Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Prescribed person—Act, ss 226 and 252. . . . . . . . . . . . . . . . . . . 15 Meaning of related to a councillor—Act, s 247(1)(b) . . . . . . . . . . 15 Meaning of terms about corporations and other matters . . . . . . . 16 Register of local government councillor’s interests . . . . . . . . . . . 17 Financial and non-financial particulars for registers—Act, s 247(2)(b) ................................... 17

18 19 Part 5 20 Part 6 21 22 23 Part 7 24 Part 8 25 Part 9 26 Part 10 27 Part 11 28 PArt 12 Division 1 29 30 31 32 33 Division 2 34 Division 3 34A 2 Local Government Regulation 1994 Time for councillor to tell about interests and correcting particulars—Act, s 247(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Way for councillor to tell about interests and correct particulars—Act, s 247(3) ...................... Local government elections Date of triennial elections in 1997—Act, s 269(3) . . . . . . . . . . . . General operation of local governments Particulars to be contained in register of delegations by a local government—Act, s 472(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Declaration of exempt enterprises—Act, s 495 . . . . . . . . . . . . . . Limits of enterprise powers—Act, s 500. . . . . . . . . . . . . . . . . . . . Financial operation and accountability of local governments Chapter 7 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . National competition reform of significant business activities Prescribed requirement for public benefit assessments and public benefit assessment reports—Act, s 559 . . . . . . . . . . . . . . Conduct of competitive business activities Activities of local governments that are not business activities—Act, s 762 ........................... Reform of certain water and sewerage services Requirements for two-part tariff assessments and reports—Act, s 777 ........................................ Complaints about competitive neutrality Maximum fee payable for making a complaint—Act, s 794 . . . . . Local laws and subordinate local laws Anti-competitive provisions of proposed local laws and proposed subordinate local laws Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions—Act, s 885 . . . . . . . . . . . . . . . . . . . . Identification of possible anti-competitive provisions—Act, s 893 Requirements for public interest tests and test reports—Act, s 893 ........................................ Giving of information to Minister—Act, s 893 . . . . . . . . . . . . . . . . Public access to subordinate local laws Subordinate local law register—Act, s 895(2) . . . . . . . . . . . . . . . Drafting standards for proposed local laws and subordinate local laws Prescribed drafting standards . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 21 22 22 24 24 25 25 26 27 27 28 29 29 29 29 30

3 Local Government Regulation 1994 34B Part 13 35 Part 14 36 37 38 39 40 41 42 43 Part 15 44 45 Part 16 Division 1 Subdivision 1 46 47 48 Subdivision 2 49 50 51 Subdivision 4 55 56 Subdivision 5 57 Subdivision 6 58 Particular application of drafting standards . . . . . . . . . . . . . . . . . Local government infrastructure Register of roads—Act, s 921(3)(c) . . . . . . . . . . . . . . . . . . . . . . . Rates and charges Land exempted from rating—Act, s 957 . . . . . . . . . . . . . . . . . . . . Requirements for local government’s land record—Act, s 994(2) Limit on interest for overdue rate—Act, s 1018(3)(a) . . . . . . . . . . Notice of intention to sell land—Act, s 1041(3) . . . . . . . . . . . . . . Notice for registering purchaser for interest—Act, s 1049(2) . . . . Application for registering local government for interest—Act, s 1050(2) .................................... Notice of intention to acquire valueless land—Act, s 1052(2) . . . Application for registering local government for interest—Act, s 1053(3) ................................... Provisions aiding local government Who may be appointed as authorised persons—Act, s 1084(1) . Minimum amounts of insurance against liability—Act, s 1123 . . . Local government staff Equal opportunity of employment Object of division and related matters Purpose, role of EEO and how it is to be achieved . . . . . . . . . . . Merit principle reinforced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criteria for exemption from compliance with div 1—Act, s 1130 . Development of equal employment opportunity management plan Local government to develop EEO management plan . . . . . . . . . Steps to be followed in ongoing development of EEO management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local government may amend EEO management plan. . . . . . . . Implementation of plan Local government to give effect to EEO management plan . . . . . Employment powers to be exercised having regard to EEO management plan ............................... EEO information in annual report Local government’s activities to implement EEO management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision by chief executive Chief executive may take action if dissatisfied with EEO management .................................... 31 32 33 34 35 35 36 36 36 37 38 38 39 40 40 41 41 42 43 43 43 44

4 Local Government Regulation 1994 59 60 Subdivision 7 61 62 63 64 65 66 67 68 Subdivision 8 69 Division 2 71 Division 3 72 73 74 75 76 77 78 Part 17 79 80 81 Part 17A Division 1 81A 81B Local government to comply with recommendation unless chief executive notified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief executive’s power when local government does not act or give satisfactory reasons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supervision by tribunal Tribunal may recommend conciliation . . . . . . . . . . . . . . . . . . . . . Otherwise tribunal must determine reference. . . . . . . . . . . . . . . . Tribunal may investigate a reference . . . . . . . . . . . . . . . . . . . . . . Legal representation with permission. . . . . . . . . . . . . . . . . . . . . . Tribunal’s powers at 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Register of delegations by chief executive officer to employees Particulars to be contained in register of delegations by chief executive officer to employees—Act, s 1132(4) . . . . . . . . . . . . . . Matters about disclosures by employees Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meaning of related to a relevant employee—Act, s 1139(1)(b) and (2)(c) .................................... Meaning of terms about corporations and other matters . . . . . . . Register of interests of relevant employees . . . . . . . . . . . . . . . . . Financial and non-financial particulars for registers—Act, s 1139(3)(b) .................................. Time for relevant employee to tell about interests and correcting particulars—Act, s 1139(4) or (5) . . . . . . . . . . . . . . . . . . . . . . . . . Way for relevant employee to tell about interests and correct particulars—Act, s 1139(4) or (5) . . . . . . . . . . . . . . . . . . . . . . . . . Superannuation Local government entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons eligible for membership of the scheme—Act, s 1181 . . . Interest payable on outstanding contributions—Act, s 1188 . . . . Enclosures for restricted dogs Preliminary Operation of pt 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Definition for pt 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 44 45 45 45 45 46 47 47 47 47 48 48 50 50 51 51 54 55 55 55 56 57 57

5 Local Government Regulation 1994 Division 2 81C 81D 81E 81F 81G 81H 81I Part 18 82 Part 19 Division 1 83 Division 2 84 85 86 87 88 Schedule 1 Schedule 2 Schedule 3 Requirements Public access to front entrance of house . . . . . . . . . . . . . . . . . . . Minimum enclosed area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minimum height . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standard for enclosure materials . . . . . . . . . . . . . . . . . . . . . . . . . Enclosure walls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gate requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Weatherproof sleeping area required. . . . . . . . . . . . . . . . . . . . . . General Chapter 18 of the Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions for Act Financial operation and accountability Changes in continued application of provision of repealed Local Government Act—Act, s 1209 . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions of existing local laws and existing subordinate local laws Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Anti-competitive provisions—Act, s 1219 . . . . . . . . . . . . . . . . . . . Identification of possible anti-competitive provisions—Act, s 1231 Requirements for public interest tests and test reports—Act, s 1231 ....................................... Giving of information to Minister—Act, s 1231 . . . . . . . . . . . . . . . Components of own source revenue . . . . . . . . . . . . . . . . . . . Local Government entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 57 57 57 58 58 58 59 59 60 60 61 61 61 62 63 65 Endnotes 1 2 3 4 5 6 7 8 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 67 68 68 69 69 72 79

s1 7 s4 Local Government Regulation 1994 Local Government Regulation 1994 [as amended by all amendments that commenced on or before 1 July 2005] Part 1 Preliminary Division 1 Citation of regulation 1 Short title This regulation may be cited as the Local Government Regulation 1994 . Division 2 Interpretation 2 Definitions The dictionary in schedule 3 defines particular words used in this regulation. 3 Prescribed pensions for meaning of pensioner For the schedule, definition pensioner , of the Act, each pension under a Commonwealth law is prescribed. 3A State interest For the schedule, definition State interest , paragraph (c), of the Act, the distribution of how-to-vote cards is an interest. 4 Department’s address For the schedule, definition State office , of the Act, the department’s address is—

s5 8 Local Government Regulation 1994 Local Government Services Department of Local Government and Planning Level 17 Mineral House 41 George Street BRISBANE Q 4000. s5 Part 2 The local government system 5 Criteria for cities and towns—Act, s 18 (1) The criteria for a local government area to be declared a city are— (a) the area must be the centre of a region that provides commercial, industrial, health and public sector services for the region; and (b) the area must, for the 3 years immediately before the declaration, have had— (i) a population of at least 25 000; and (ii) a population of at least 15 000 in its urban centre; and (iii) a population density of at least 150 for each square kilometre of its urban centre. (2) The criterion for a local government area to be declared a town is the area must be urban in character. Example of an area that is urban in character — An area may be mainly used for commercial and residential purposes. It would be urban in character even though some minor parts of the area are used for rural purposes.

s6 9 s7 Local Government Regulation 1994 Part 3 Interaction with the State 6 Definitions for pt 3 In this part— joint arrangement includes— (a) a joint standing committee; and (b) joint action by agreement; and (c) the joint exercise of local government jurisdiction or the joint operation of a facility, service or activity; and (d) an agreement on, or extension of, a facility, service or activity outside a local government area; and (e) a contribution for the operation of a facility, service or activity outside a local government area; and (f) resource sharing by local governments; and (g) a joint local government; and (h) any other type of joint arrangement the commissioner considers appropriate including an arrangement not dealt with under the Act. water catchment principle means the principle that water catchment areas should generally be included in the local government area they service. 7 Issues identified (1) Subsections (2) to (7) identify issues that may be prescribed under sections 84 or 107 1 of the Act. (2) The issue of resource base sufficiency is that a local government should have a sufficient resource base— (a) to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and 1 Section 84 (Commissions must have regard to prescribed issues) or 107 (Commission must have regard to prescribed issues) of the Act

s 7 10 s 7 Local Government Regulation 1994 (b) to be flexible and responsive in the exercise of its jurisdiction and the operation of its facilities, services and activities. (3) The issue of planning is that the external boundaries of a local government area should be drawn in a way that— (a) helps in— (i) the planning and development for the benefit of the local government area; and (ii) the efficient and effective operation of its facilities, services and activities; and (b) has regard to existing and expected population growth. (4) The issue of community of interest is that the external boundaries of a local government area should be drawn in a way that has regard to community of interest, including that the local government area should generally— (a) reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and (b) have a centre, or centres, of administration and service easily accessible to its population; and (c) ensure effective elected representation for residents and ratepayers; and (d) have external boundaries that— (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies (including, for example, economic, cultural and ethnic interests or interdependencies); and (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and (iii) do not dissect properties. (5) The issue of joint arrangements is that regard should be had to whether or not a joint arrangement should be established

s 8 11 s 8 Local Government Regulation 1994 instead of, or in combination with, a change to the external boundaries of a local government area. (6) The issue of internal boundaries is that the boundaries of the divisions of a local government area should be drawn in a way that has regard to the following— (a) community and diversity of interest; (b) ways of communication; (c) physical features; (d) population density; (e) demographic trends; (f) development trends. (7) The issue of class change is that regard should be had to the criteria prescribed under section 18 2 of the Act. 8 Prescribed issues—Act, s 84 (1) This section prescribes issues to which a commission must have regard under section 84 of the Act when considering a reviewable local government matter, other than a limited reviewable local government matter. (2) If the reviewable local government matter relates to the external boundaries of a local government area, the commission must have regard to the following issues— • resource base sufficiency • planning • community of interest • joint arrangements. (3) If the reviewable local government matter is a reviewable local government matter mentioned in section 64(1)(g) or (h) 3 of the Act (other than abolishing divisions of a local 2 Section 5 (Criteria for cities and towns—Act, s 18) prescribes criteria under section 18 (Declaration of classes of local government areas) of the Act. 3 Section 64 (Meaning of reviewable local government matter ) of the Act

s 9 12 s 11 Local Government Regulation 1994 government area), the commission must have regard to the issue of internal boundaries. (4) If the reviewable local government matter relates to whether the class of a local government area should be changed, the commission must have regard to the issue of class change. 9 Prescribed issues—Act, s 107 (1) This section prescribes issues to which a commission must have regard under section 107 of the Act when considering a limited reviewable local government matter. (2) The commission must have regard to the following issues— • resource base sufficiency • planning • community of interest • joint arrangements. 10 Aims of joint arrangements The aims of a joint arrangement must be 1 or more of the following— (a) to increase a local government’s efficiency in exercising its jurisdiction and in operating a facility, service or activity; (b) to help in the planning and development of a local government area; (c) to enable the needs of a local government area to be met; (d) to achieve and maintain effective representation of the local governments involved. 11 Application of joint arrangements A joint arrangement may— (a) apply to the whole or a part of a local government area; or

s 12 13 s 12A Local Government Regulation 1994 (b) include local governments even if they were not mentioned in the reference by the Minister. 12 Contents of agreements about joint arrangements (1) Every agreement between local governments about a joint arrangement must include the following— (a) a statement of the agreement’s objectives; (b) the aims of the joint arrangement; (c) procedures for amending the agreement if there are changes in a formula used in the agreement (for example, funding, or contribution, based on population); (d) a dispute resolution process; (e) review procedures; (f) a sunset clause. (2) Subsection (1) does not limit the matters that may be included in an agreement about a joint arrangement. 12A Overruling particular local laws—Act, s 163 (1) For protecting State interests, it is declared that the following provisions cease to have effect to the extent they deal with the distribution of how-to-vote cards— (a) Local Law No. 2 (Council Facilities and Other Public Places), section 10, 4 made by the Caloundra City Council; (b) Local Law No. 5 (Council Facilities), section 10, 5 made by the Beaudesert Shire Council. (2) In this section— election means— 4 Local Law No. 2 (Council Facilities and Other Public Places), section 10 (Distribution of an election publication) 5 Local Law No. 5 (Council Facilities), section 10 (Distribution of an election publication)

s 13 14 s 13 Local Government Regulation 1994 (a) an election of a councillor or councillors of a local government; or (b) an election of a member or members of the Legislative Assembly. how-to-vote card means a card, handbill or pamphlet that— (a) is or includes— (i) a representation of a ballot paper or part of a ballot paper; or (ii) something apparently intended to represent a ballot paper or part of a ballot paper; or (b) lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of the candidates; or (c) otherwise directs or encourages the casting of preference votes, other than first preference votes, in a particular way. Part 4 Local government councillors 13 Definitions In this part— gift means— (a) the transfer of money or other property— (i) without consideration; or (ii) for a consideration substantially less than full consideration; or (b) a loan of money or other property made on a permanent or indefinite basis (other than an overdraft facility). related person means a person related to a councillor under section 14.

s 13A 15 Local Government Regulation 1994 s 14 share means— (a) a share in the share capital of a corporation; or (b) stock; or (c) a convertible note; or (d) an option contract. sponsored hospitality benefit , for a local government councillor or related person, means— (a) travel undertaken; or (b) accommodation used; or (c) other hospitality benefit received; by the councillor or related person, other than in an official capacity, if a contribution (whether in cash or kind) for the cost of the travel, accommodation or other benefit is made by someone other than the councillor or related person. trade or professional organisation means a body (whether incorporated or unincorporated) of— (a) employers or employees; or (b) persons engaged in a profession, trade or other occupation; that has an object of furthering the professional, industrial or economic interests of the body or its members. 13A Prescribed person—Act, ss 226 and 252 Lyall Chad Kawangka of lot 136 Pikkuw Street, Aurukun, Queensland, is a prescribed person— (a) for section 226(2)(b) of the Act, in relation to election or appointment as a councillor of Aurukun Shire Council; and (b) for section 252(2)(b) of the Act, in relation to becoming an employee of Aurukun Shire Council. 14 Meaning of related to a councillor—Act, s 247(1)(b) (1) A person is related to a local government councillor if—

s 15 16 s 15 Local Government Regulation 1994 (a) the person is the spouse of the councillor; or (b) the person is the councillor’s child and is wholly or substantially dependent on the councillor; or (c) the person is wholly or substantially dependent on the councillor and the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor. (2) For subsection (1)(a), a councillor’s spouse is— (a) for a councillor holding office before the conclusion of the 2004 quadrennial elections— (i) a person who is married to the councillor; or (ii) another person who, although not married to the councillor, lives with the councillor on a genuine domestic basis as the councillor’s husband or wife; and (b) for a councillor holding office at the conclusion of the 2004 quadrennial elections or at a later time, regardless of whether the councillor held office at any time before the conclusion of the elections—the councillor’s spouse as defined in the Acts Interpretation Act 1954 , section 36. (3) Subsection (2)(a) applies despite the Acts Interpretation Act 1954 , section 32DA(6). 15 Meaning of terms about corporations and other matters (1) The following words have the same meaning in this part as they have in the Corporations Law— • convertible note • corporation • debenture • holding company • nominee corporation • officer

s 16 17 s 17 Local Government Regulation 1994 • option contract • proprietary company • subsidiary. (2) For the purposes of this part, a person has a controlling interest in shares in a corporation if the person is able— (a) to dispose of, or to exercise control over the disposal of, the shares; or (b) if the shares are voting shares—to exercise, or to control the exercise of, a voting power attached to the shares. 16 Register of local government councillor’s interests (1) A register of a local government councillor’s interests must contain particulars about interests held only by the councillor— (a) alone; and (b) jointly or in common with a related person. (2) A register of interests of a related person must contain particulars about interests held only by the related person— (a) alone; and (b) jointly or in common with the councillor for whom the person is a related person. (3) However, if the related person’s interests that are held jointly or in common with the councillor (for whom the person is a related person) are included in the register of the councillor’s interests, the interests need not be included in the register of interests of the related person. 17 Financial and non-financial particulars for registers—Act, s 247(2)(b) (1) A register of interests of a local government councillor or related person must contain the following financial and non-financial particulars—

s 17 18 s 17 Local Government Regulation 1994 (a) for each corporation in which the councillor or related person is a shareholder or has a controlling interest in shares— (i) the corporation’s name; and (ii) if the shareholding or interest is a controlling interest in the corporation—details of the shareholdings of the corporation in any other corporation; and (iii) if the shareholding or interest is held in a proprietary company that is the holding company of another corporation— (A) details of the holding company’s investments; and (B) the name of any corporation that is a subsidiary of the holding company; and (C) the name of any corporation that is a subsidiary of any corporation that is the holding company’s subsidiary; (b) for each corporation of which the councillor or related person is an officer— (i) the corporation’s name; and (ii) the nature of the office held; and (iii) the nature of the corporation’s activities; (c) for each family or business trust or nominee corporation in which the councillor or related person holds a beneficial interest— (i) the name of, or a description sufficient to identify, the trust, or the corporation’s name; and (ii) the nature of the activities of the trust or corporation; and (iii) the nature of the interest; (d) for each family or business trust in which the councillor or related person is a trustee— (i) the name of, or a description sufficient to identify, the trust; and

s 17 19 s 17 Local Government Regulation 1994 (ii) the nature of the trust’s activities; and (iii) the name of each person by whom a beneficial interest in the trust is held; (e) for each partnership (including a joint venture) in which the councillor or related person has an interest— (i) the name of, or a description sufficient to identify, the partnership; and (ii) the nature of the partnership’s activities; and (iii) the nature of the interest; (f) for all real estate in which the councillor or related person has an interest— (i) the suburb or locality of the property; and (ii) the approximate size of the property; and (iii) the purpose for which the property is, and is intended to be, used; and (iv) the nature of the interest; (g) for each liability (other than department store and credit card accounts) of the councillor or related person— (i) the nature of the liability; and (ii) the name of the creditor; (h) for each debenture or similar investment held by the councillor or related person— (i) the nature of the investment; and (ii) the name of the corporation in which the investment is made; and (iii) the nature of the business of the corporation; (i) for each savings or investment account of the councillor or related person held with a financial institution— (i) the nature of the account; and (ii) the name of the institution; (j) for each gift, or all gifts totalling, more than $500 in amount or value received by the councillor or related

s 17 20 s 17 Local Government Regulation 1994 person—the name and address of the person who gave the gift or gifts to the councillor or related person; (k) for each sponsored hospitality benefit received by the councillor or related person— (i) the source of the contribution for the travel, accommodation or other benefit; and (ii) the purpose of the benefit; (l) particulars sufficiently detailed to identify each other substantial source of income received by— (i) the councillor or related person; or (ii) a proprietary company, or trust, in which the councillor or related person holds an interest; (m) particulars sufficiently detailed to identify each other asset of the councillor or related person with a value of more than $5 000, other than— (i) household and personal effects; and (ii) a motor vehicle used mainly for personal use; and (iii) superannuation entitlements; (n) for each political party, body or association or trade or professional organisation of which the councillor or related person is a member—its name and address; (o) particulars sufficiently detailed to identify each other financial or non-financial interest of the councillor or related person— (i) of which the councillor is aware; and (ii) that raises, appears to raise, or could foreseeably raise, a conflict between the councillor’s duty as a councillor and the holder of the interest. (2) Subsection (1)(j) does not apply to a gift from a person who— (a) if the gift is received by the councillor—is a related person for, or someone else related by blood or marriage to, the councillor; or (b) if the gift is received by the related person—is the councillor for whom the person is a related person, or

s 18 21 s 20 Local Government Regulation 1994 someone else related by blood or marriage to the related person. 18 Time for councillor to tell about interests and correcting particulars—Act, s 247(3) (1) This section applies to a councillor after the councillor’s term of office starts. (2) Three months is the time within which a councillor must tell of an interest that— (a) must be recorded in a register of councillor’s interests or a register of interests for a related person for the councillor; or (b) is recorded but the particulars of which are no longer correct. 6 19 Way for councillor to tell about interests and correct particulars—Act, s 247(3) A councillor may tell the chief executive officer of the local government by giving the officer a statement of interests, or a notice of correct particulars, in the approved form. Part 5 Local government elections 20 Date of triennial elections in 1997—Act, s 269(3) The date for holding the triennial elections for local governments in 1997 is fixed as Saturday 15 March 1997. 6 This section does not affect any obligations of a councillor under section 249 of the Act.

s 21 22 s 22 Local Government Regulation 1994 Part 6 General operation of local governments 21 Particulars to be contained in register of delegations by a local government—Act, s 472(6) (1) A register of delegations by a local government must— (a) contain the name or title of the person, or the name of the committee, to whom the powers are delegated; and (b) identify the powers delegated, including the provisions under a local government Act permitting or requiring the exercise of the powers; and (c) contain a summary of the resolution by which the powers are delegated, including— (i) the date of the resolution; and (ii) a summary of any conditions to which the delegation is subject; and (iii) if the resolution is numbered—its number. (2) The local government may include other information in the register that it considers appropriate. 22 Declaration of exempt enterprises—Act, s 495 (1) The following are declared exempt enterprises— (a) an enterprise associated with, and involved in, the provision by a local government of local government services; (b) enterprises associated with the promotion of a local government area; (c) local government enterprises. (2) In this section— local government enterprises means— (a) abattoirs or saleyards or markets for livestock; or (b) forestry operations; or

s 22 23 s 22 Local Government Regulation 1994 (c) land development; or (d) plant purchase, sale or hire; or (e) quarrying; or (f) the sale or distribution of food or water for stock during times of natural disaster; or (g) the supply of gas or electricity; or (h) one or more of the following, but only if operated by the Aurukun Shire Council within the local government area of the Shire of Aurukun, or by the Mornington Shire Council within the local government area of the Shire of Mornington— (i) general store for the sale of goods including, for example, food, clothing and petrol; (ii) post office; (iii) licensed premises under the Liquor Act 1992 . local government services includes the following services— (a) accommodation services, including, for example, hostels, hotels, motels, caravan parks and camping grounds; (b) cultural services, including, for example, civic or cultural centres, public halls, function rooms and public entertainment; (c) educational services, including, for example, kindergartens, libraries and student hostels; (d) environmental services, including, for example, river and creek cleaning, flood mitigation and refuse tips; (e) community services, including, for example, child care centres and facilities for aged persons and persons with disabilities; (f) recreational services, including, for example, swimming pools, sports grounds and showgrounds; (g) regulatory services, including, for example, animal control, building and drainage matters and anti-litter programs;

s 23 24 s 24 Local Government Regulation 1994 (h) services for health (including public health) and safety, including, for example, the supply of water, sewerage, refuse collection and disposal, fire protection, beach patrols, health inspections and mosquito and vermin control; (i) transport services including, for example— (i) buses, ferries and other methods of transport; and (ii) aerodromes, boat ramps, jetties, marinas, parking facilities and other facilities necessary or convenient for transport; and (iii) construction and maintenance of private roads. 23 Limits of enterprise powers—Act, s 500 (1) The matters prescribed in schedule 1 are the components of a local government’s own source revenue. (2) The percentage of a local government’s own source revenue for the purpose of section 500(2)(b) of the Act is 5%. (3) Three years is prescribed as the maximum number of years for which a local government may carry forward uncommitted amounts under section 500(3) of the Act. Part 7 Financial operation and accountability of local governments 24 Chapter 7 of the Act Chapter 7 of the Act deals with the financial operation and accountability of local governments. 7 7 This regulation follows the structure of the Act. The headings to the parts of the regulation are substantially the same as the headings to the chapters of the Act. This part and section are included to maintain the relationship of the numbering sequence so that the part number is the same as the chapter number.

s 25 25 s 26 Local Government Regulation 1994 Part 8 National competition reform of significant business activities 25 Prescribed requirement for public benefit assessments and public benefit assessment reports—Act, s 559 (1) To the extent it is reasonably practicable, public benefit assessments and public benefit assessment reports must comply with the assessment guidelines. (2) In this section— assessment guidelines means the document called ‘Local Government Competitive Neutrality Public Benefit Assessment Guidelines’ issued by the State Local Government National Competition Policy Working Group. 8 Part 9 Conduct of competitive business activities 26 Activities of local governments that are not business activities—Act, s 762 (1) For section 762(2) 9 of the Act, an activity of a local government is not a business activity for a financial year if the amount of current expenditure for the activity for the preceding financial year is less than $200 000. (2) For subsection (1), the amount of current expenditure for an activity for a financial year is the total of the following amounts for carrying on the activity for the year— • operational costs • administrative and overhead costs 8 Copies of the Local Government Competitive Neutrality Public Benefit Assessment Guidelines may be inspected at the State office of the Department of Local Government, Planning, Sport and Recreation at each local government’s public office. 9 Section 762 (Meaning of business activity ) of the Act

s 27 26 s 27 Local Government Regulation 1994 • cost of resources • depreciation. (3) For subsection (2), the administrative and overhead costs are calculated under the following relevant instrument— • City of Brisbane Regulation 1993 , section 27 10 • Local Government Finance Standard 1994 , section 88. 11 (4) For subsection (2), the cost of resources is to be calculated under the following relevant instrument— • City of Brisbane Regulation 1993 , section 28 12 • Local Government Finance Standard 1994 , section 89. 13 (5) For subsection (2), depreciation is to be calculated under the following relevant instrument— • City of Brisbane Regulation 1993 , section 29 14 • Local Government Finance Standard 1994 , section 90. 15 Part 10 Reform of certain water and sewerage services 27 Requirements for two-part tariff assessments and reports—Act, s 777 (1) To the extent it is reasonably practicable, two-part tariff assessments and two-part tariff reports must comply with the evaluation guidelines. 10 City of Brisbane Regulation 1993 , section 27 (Administrative and overhead costs) 11 Local Government Finance Standard 1994 , section 88 (Administrative and overhead costs) 12 City of Brisbane Regulation 1993 , section 28 (Cost of resources used in carrying on activity) 13 Local Government Finance Standard 1994 , section 89 (Cost of resources used in carrying on activity) 14 City of Brisbane Regulation 1993 , section 29 (Depreciation) 15 Local Government Finance Standard 1994 , section 90 (Depreciation)

s 28 27 s 29 Local Government Regulation 1994 (2) In this section— evaluation guidelines means the document called ‘Guidelines for Evaluation of Introducing and Improving Two Part Tariffs’ issued by the Department of Natural Resources. 16 two-part tariff assessment means an assessment carried out under section 773 17 of the Act of the cost effectiveness of the application of a two-part tariff for a relevant business activity providing water services. Part 11 Complaints about competitive neutrality 28 Maximum fee payable for making a complaint—Act, s 794 For section 794(3) 18 of the Act, the maximum fee is $100. PArt 12 Local laws and subordinate local laws Division 1 Anti-competitive provisions of proposed local laws and proposed subordinate local laws 29 Definitions for div 1 In this division— 16 Copies of the Guidelines for Evaluation of Introducing and Improving Two Part Tariffs may be inspected at the State office of the Department Local Government, Planning, Sport and Recreation. 17 Section 773 (Assessment of cost effectiveness of two-part tariffs to be carried out) of the Act 18 Section 794 (Requirements for complaint process) of the Act

s 30 28 s 30 Local Government Regulation 1994 identification guidelines means the document called ‘National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Proposed Local Laws and Proposed Local Law Policies’ issued by the department. 19 public interest test guidelines means the document called ‘National Competition Policy Guidelines for Conducting Public Interest Tests on Possible Anti-competitive Provisions in Local Laws and Local Law Policies’ issued by the department. 20 30 Anti-competitive provisions—Act, s 885 (1) For section 885 of the Act, definition anti-competitive provision , this section prescribes provisions of a proposed local law or proposed subordinate local law that are treated as creating barriers to entry to a market or barriers to competition within a market. (2) For a model local law proposed to be made by a local government, the provision is a provision the local government considers, under section 5.1.2 of the identification guidelines, as being within the criteria applied under the section. (3) For a local law (other than a model local law) or a subordinate local law proposed to be made by a local government, the provision is a provision that— (a) is not excluded by the local government under section 5.2.1 or 5.2.2 of the identification guidelines; and (b) is identified by the local government, under section 5.2.3 of the identification guidelines, as being within the criteria applied under the section. 19 Copies of the National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Proposed Local Laws and Proposed Local Law Policies may be inspected at the State office of the Department of Local Government, Planning, Sport and Recreation. 20 Copies of the National Competition Policy Guidelines for Conducting Public Interest Tests on Possible Anti-competitive Provisions in Local Laws and Local Law Policies may be inspected at the State office of the Department of Local Government, Planning, Sport and Recreation.

s 31 29 s 34 Local Government Regulation 1994 31 Identification of possible anti-competitive provisions—Act, s 893 To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of proposed local laws or proposed subordinate local laws, the procedures a local government follows must be in accordance with the identification guidelines. 32 Requirements for public interest tests and test reports—Act, s 893 To the extent it is reasonably practicable, public interest tests and public interest test reports must comply with the public interest test guidelines. 33 Giving of information to Minister—Act, s 893 To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of proposed local laws or proposed subordinate local laws, a local government must give to the Minister information in accordance with the identification guidelines. Division 2 Public access to subordinate local laws 34 Subordinate local law register—Act, s 895(2) (1) A local government’s register of its subordinate local laws must contain the following information about each law— (a) the law’s name; (b) the purposes and general effect of the law; (c) the name of the local law allowing the law to be made; (d) the name of any existing subordinate local law amended or repealed by the new law; (e) if the law is for a limited time—details of the limitation;

s 34A 30 Local Government Regulation 1994 s 34A (f) if the law applies only to a part of the local government’s area—a description of the part; (g) the date of the local government’s resolution to make the law; 21 (h) the date of the public notice advising of the making of the law and the name of each newspaper in which the notice appeared; 22 (i) the date the law commences. 23 (2) The local government may include any other information in the register about the law that it considers appropriate. Division 3 Drafting standards for proposed local laws and subordinate local laws 34A Prescribed drafting standards (1) This section prescribes the drafting standards for proposed local laws and subordinate local laws. 24 (2) Proposed local laws and subordinate local laws must— (a) be drafted using gender-neutral language; and (b) have sufficient regard to fundamental legislative principles; 25 and (c) be consistent with the guidelines issued by the parliamentary counsel under the Legislative Standards 21 See section 881 (Step 5—make proposed subordinate local law) of the Act. 22 See section 882 (Step 6—give public notice of subordinate local law) of the Act. 23 See section 882(4) of the Act. 24 Under chapter 12, part 2 of the Act, the process for making a proposed local law or subordinate local law includes giving the Minister a drafting certificate. The certificate must state that the law is drafted in accordance with drafting standards prescribed under a regulation—see definition drafting certificate in the schedule of the Act. 25 See the Legislative Standards Act 1992 , section 4 (Meaning of fundamental legislative principles ).

s 34B 31 Local Government Regulation 1994 s 34B Act 1992 , section 9, for local laws and subordinate local laws. 26 (3) However, subsection (2)(a) does not apply to a provision of a proposed law that is to apply to a specific gender. 34B Particular application of drafting standards (1) This section applies for the application, under section 34A(2)(b), of the review principle to a proposed local law or subordinate local law that provides for an exercise of administrative power. (2) This section applies only to the extent that the application of the review principle may, apart from this section, require a review on the merits of the exercise of the power. (3) If the power is proposed to be exercised by an employee of the local government, it is declared that it is sufficient for the review principle if the law provides for the exercise of the power to be reviewed on the merits by the local government by resolution. (4) If the power is proposed to be exercised by the local government by resolution, it is declared that the review principle does not require that the law provide for the exercise of the power to be reviewed on the merits. (5) In this section— review principle means the fundamental legislative principle mentioned in the Legislative Standards Act 1992 , section 4(3)(a). 26 The matters mentioned in subsection (2)(a) and (b) are dealt with in detail in the guidelines. Copies of the guidelines are available for inspection from the department at 111 George Street, Brisbane. In addition, the guidelines are included in the website of the Office of the Queensland Parliamentary Counsel <www.legislation.qld.gov.au>.

s 35 32 s 35 Local Government Regulation 1994 Part 13 Local government infrastructure 35 Register of roads—Act, s 921(3)(c) (1) A local government’s register of roads must also show— (a) the length of every road in the local government’s area; (b) if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road. (2) In this section— formed road means a road (other than a gravelled pavement or sealed pavement road) formed so that stormwater drains from the road. gravelled pavement road means a road surfaced with gravel, limestone or rubble and constructed by the use of a soil stabilisation process. sealed pavement road means a road with a surface of asphalt, bitumen, concrete or pavers. unformed road means a road or track that is— (a) not a formed, gravelled pavement or sealed pavement road; but (b) is open to, and used by, the public. (3) For the purposes of this section— (a) a length must be measured in kilometres and a width must be measured in metres; and (b) the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement; and (c) if a road consists of a through road and an adjacent road—the register must show the width of each as if each were a separate road.

s 36 33 s 36 Local Government Regulation 1994 Part 14 Rates and charges 36 Land exempted from rating—Act, s 957 (1) For section 957(1)(f) 27 of the Act, the following land is exempt from rating— (a) if land is vested in, or placed under the management and control of, a person under an Act for recreation, sporting or charitable purposes—land used for 1 or more of the purposes; (b) land used for purposes of a public hospital that is— (i) part of a private hospital complex; or (ii) a private and public hospital complex; if the land used for the purposes is separated from the rest of the complex and the land used for the purposes is not more than 2 ha; (c) land owned or held by a local government unless the land is leased by the local government to someone else (other than another local government); (d) land owned by a religious entity if the land is less than 20 ha and is used for 1 or more of the following purposes— (i) religious purposes, including, for example, public worship; (ii) the provision of education, health or community services including facilities for aged persons and persons with disabilities; (iii) the administration of the religious entity; (iv) housing incidental to a purpose mentioned in subparagraph (i), (ii) or (iii); (e) land owned by a community entity (including, for example, the Queensland Country Women’s Association), if the land is less than 20 ha and is used— 27 Section 957 (What land is rateable) of the Act

s 37 34 s 37 Local Government Regulation 1994 (i) for providing accommodation associated with the protection of children; or (ii) for providing accommodation for students; or (iii) for providing educational, training or information services aimed at improving labour market participation or leisure opportunities; (f) land used for a cemetery; (g) land used for charitable purposes if the local government concerned has, by resolution, decided the land should be exempt; (h) land used primarily for showgrounds or horseracing (other than land specified in paragraph (a)) if the local government concerned has, by resolution, decided the land should be exempt. (2) For the purposes of this section, land may be taken to be used for a purpose (the primary purpose ) even though it is also used for purposes incidental to the primary purpose including some commercial purposes. Example for subsection (2) — The primary purpose of land may be a showground. At the annual agricultural show, horse racing may be conducted. The horse racing is incidental to the primary purpose. However, if horse racing was held weekly, it could be that the primary purpose of the land is a race track. 37 Requirements for local government’s land record—Act, s 994(2) (1) A local government’s land record must contain the following information for each parcel of rateable land in its area— (a) the owner’s name and postal address; (b) a description of the parcel including its location and size; (c) the unimproved value, and effective value, of the land and the date the most recent effective value took effect; (d) information about rates for the parcel, including— (i) the type and amounts of rates levied on the parcel; and

s 38 35 s 39 Local Government Regulation 1994 (ii) if differential general rates are levied—the parcel’s rating category; and (iii) the date of each levy and the time for payment; and (iv) the period for which the rates are levied; and (v) the financial year to which the rates apply; and (vi) information about the local government’s discount periods, concessions and payment by instalments arrangements; and (vii) overdue rates, accrued interest on overdue rates and the interest rate that applies to overdue rates; and (viii) the date the rates are paid. (2) The local government may include any other information in the land record that it considers appropriate. 38 Limit on interest for overdue rate—Act, s 1018(3)(a) The rate of interest must not be more than 11% a year. 39 Notice of intention to sell land—Act, s 1041(3) (1) A notice of intention to sell land must include the following matters— (a) a statement that the local government has decided to sell the land because an overdue rate has remained unpaid; (b) a statement that the notice is a notice of intention to sell land under section 1041 of the Act; (c) the date of the local government’s meeting at which the relevant resolution was made under section 1040 of the Act and the terms of the resolution; (d) a description of the location and size of the land as shown in the local government’s land record; (e) details of all overdue rates for the land including the time for which the rates have remained unpaid; (f) details of interest accrued to the date of the notice and the rate at which interest is accruing;

s 40 36 s 42 Local Government Regulation 1994 (g) a description of the way the interest mentioned in paragraph (f) is calculated; (h) the amount of all overdue rates and other amounts owing at the date of the notice. 28 (2) The chief executive officer must sign the notice. 40 Notice for registering purchaser for interest—Act, s 1049(2) A notice mentioned in section 1049(2) 29 of the Act must be in the approved form 30 for a transfer lodged in the land registry. 41 Application for registering local government for interest—Act, s 1050(2) An application mentioned in section 1050(2) 31 of the Act must be in the approved form 32 for a general request lodged in the land registry. 42 Notice of intention to acquire valueless land—Act, s 1052(2) (1) A notice of intention to acquire land must include the following matters— (a) a statement that the local government is acquiring the land under section 1051 of the Act; (b) a statement that the notice is a notice of intention to acquire land under section 1052 of the Act; 28 Section 1041(2) of the Act sets out other information that is to be given to the owner of the land and other interested persons. 29 Section 1049 (Issue of title) of the Act 30 Land registry forms notified for the Land Title Act 1994 and the Land Act 1994 , form 1. 31 Section 1050 (Acquisition by local government of title to land) of the Act 32 Land registry forms notified for the Land Title Act 1994 and the Land Act 1994 , form 14.

s 43 37 s 43 Local Government Regulation 1994 (c) the date of the local government’s meeting at which the relevant resolution was passed under section 1051A 33 of the Act and the terms of the resolution; (d) a description of the location and size of the land as shown in the local government’s land record; (e) details of all overdue rates for the land including the time for which the rates have remained unpaid; (f) details of interest accrued to the date of the notice and the rate at which interest is accruing; (g) a description of the way the interest mentioned in paragraph (f) is calculated; (h) the amount of all overdue rates at the date of the notice; (i) a copy of section 1052A 34 of the Act and a general outline of the owner’s rights to pay overdue rates. (2) The chief executive officer must sign the notice. 43 Application for registering local government for interest—Act, s 1053(3) An application mentioned in section 1053(3) 35 of the Act must be in the approved form 36 for a general request lodged in the land registry. 33 Section 1051A (Resolution to remove valueless land from land record) of the Act 34 Section 1052A (Restoration of valueless land to land record) 35 Section 1053 (Application to be registered as owner) of the Act 36 Land registry forms notified for the Land Title Act 1994 and the Land Act 1994 , form 14.

s 44 38 s 45 Local Government Regulation 1994 Part 15 Provisions aiding local government 44 Who may be appointed as authorised persons—Act, s 1084(1) The following persons are prescribed for section 1084(1)(b) 37 of the Act, for appointment by a local government (the appointing local government ) as an authorised person— (a) a person who contracts with the appointing local government to provide services to it for the administration and enforcement of a local government Act; (b) a person who is an employee of an entity that contracts with the appointing local government to provide services to it for the administration and enforcement of a local government Act; (c) a person who is an employee of another local government and who performs duties for the appointing local government under an arrangement between the appointing local government and the other local government. 45 Minimum amounts of insurance against liability—Act, s 1123 (1) The minimum amount of public liability insurance for a local government is $30 000 000. (2) The minimum amount of professional indemnity insurance for a local government is $10 000 000. 37 Section 1084 (Appointment) of the Act

s 46 39 s 46 Local Government Regulation 1994 Part 16 Local government staff Division 1 Equal opportunity of employment Subdivision 1 Object of division and related matters 46 Purpose, role of EEO and how it is to be achieved (1) The purpose of this division 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 38 (c) increasing the effectiveness of service delivery and decision making by adopting an employee profile more accurately reflecting the community profile. (3) The purpose of the division is to be achieved by— (a) requiring each local government to take the steps set out in subdivision 2 39 to develop an EEO management plan that— (i) enables members of the target groups to— (A) compete for recruitment, selection, promotion and transfer in the particular local government; and 38 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. 39 Subdivision 2 (Development of equal employment opportunity management plan)

s 47 40 s 48 Local Government Regulation 1994 (B) pursue careers in the particular local government; as effectively as people who are not members of the target groups; and (ii) eliminates unlawful discrimination by the particular local government or its employees against members of the target groups in employment matters; and (b) requiring each local government to implement its EEO management plan under subdivision 4; 40 and (c) establishing procedures to monitor compliance with the requirements. 47 Merit principle reinforced Nothing in this division is to be 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. 48 Criteria for exemption from compliance with div 1—Act, s 1130 The criteria the Minister must consider before exempting a local government from complying with this division are— (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 division are outweighed by the likely financial and administrative costs to the local government of adopting and implementing the plan. 40 Subdivision 4 (Implementation of plan)

s 49 41 s 50 Local Government Regulation 1994 Subdivision 2 Development of equal employment opportunity management plan 49 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. 50 Steps to be followed in ongoing development of EEO management plan A local government must take the following steps in developing its EEO management plan on an ongoing basis— Step 1—Issue policy statement and keep employees informed Inform employees of the local government’s EEO policy and the results of monitoring and evaluating the implementation of the local government’s EEO management plan under step 8. Step 2—Nominate person to have EEO responsibility Give responsibility for the development, implementation and continuous review of the EEO management plan to a person who has, or persons who have, sufficient authority and status within the management of the local government to enable the person or persons to properly do this. Step 3—Consult with trade unions Consult with the trade unions that have members who are, or will be, affected by the EEO management plan about the development and implementation of the plan.

s 51 42 s 51 Local Government Regulation 1994 Step 4—Consult with employees Consult with the local government’s employees, particularly employees who are members of the target groups, about the development and implementation of the EEO management plan. Step 5—Collect statistics Collect and record statistics and related information about the number of employees who are members of the target groups and the salary stream and level of the employees. Step 6—Review policies and practices Examine the local government’s policies and practices about employment matters to identify— (a) patterns (including patterns identified statistically) of inequality of opportunity for members of the target groups; and (b) policies or practices unlawfully discriminating against members of the target groups. Step 7—Set objectives and implementation strategy Set qualitative and quantitative objectives consistent with the purposes of this regulation and develop a strategy for implementing the EEO management plan to achieve the objectives. Step 8—Assess implementation Monitor and evaluate the implementation of the EEO management plan to assess whether the objectives have been achieved. 51 Local government may amend EEO management plan A local government may amend its EEO management plan.

s 55 43 s 57 Local Government Regulation 1994 Subdivision 4 Implementation of plan 55 Local government to give effect to EEO management plan A local government must take any action necessary to implement its EEO management plan. 56 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. Subdivision 5 EEO information in annual report 57 Local government’s activities to implement EEO management plan The following information is prescribed for section 534(i) of the Act— (a) statistics for at least the last 3 years about the number of employees who are members of the target groups and the salary stream and level of the employees; (b) information about consultation with the following groups and the outcome of the consultation— (i) trade unions that have members who are, or will be, affected by the EEO management plan; (ii) the local government’s employees, particularly employees who are members of the target groups; (c) information about activities undertaken by the local government during the past year to eliminate unlawful discrimination against, or harassment of, the local government’s employees; (d) information about the local government’s forward plan for the implementation of its EEO management plan for the next financial year;

s 58 44 s 60 Local Government Regulation 1994 (e) information about any other activities undertaken by the local government to create a positive work environment for the local government’s employees. Subdivision 6 Supervision by chief executive 58 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 time within which the action must be taken. 59 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 58(2) within the time stated for the action unless the chief executive officer gives the chief executive of the department written notice of the local government’s reason for not complying with the recommendation. 60 Chief executive’s power when local government does not act or give satisfactory reasons (1) This section applies if the chief executive of the department is not satisfied—

s 61 45 s 64 Local Government Regulation 1994 (a) the local government has taken the action the chief executive has recommended within the time 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— (a) report the matter to the Minister; or (b) refer the matter to the Anti-Discrimination Tribunal. Subdivision 7 Supervision by tribunal 61 Tribunal may recommend conciliation If the Anti-Discrimination Tribunal believes a reference given to it under section 60(2)(b) may be resolved by conciliation, the tribunal may recommend that the chief executive officer of the local government concerned and the chief executive of the department try to resolve the reference by conciliation. 62 Otherwise tribunal must determine reference The Anti-Discrimination Tribunal must determine a reference given to it, unless the reference is resolved by conciliation because of a recommendation under section 61. 63 Tribunal may investigate a reference The Anti-Discrimination Tribunal may hold an investigation into a reference. 64 Legal representation with permission During an investigation into a reference, any of the following may be represented by a lawyer with the Anti-Discrimination Tribunal’s permission— (a) the chief executive of the department;

s 65 46 s 65 Local Government Regulation 1994 (b) the local government concerned; (c) the local government’s chief executive officer. 65 Tribunal’s powers at an investigation (1) For an investigation, the Anti-Discrimination Tribunal may require the particular local government or its chief executive officer— (a) to answer a question; or (b) to give the tribunal information; or (c) to produce to the tribunal a document or other thing; or (d) to give the tribunal 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 time for compliance. (3) The local government or chief executive officer required to do something by the tribunal under subsection (1) must comply with the requirement even though— (a) compliance with a similar requirement in proceedings in a court of law might be excused on the grounds of public interest; or (b) the local government or chief executive officer might be able to claim privilege. (4) The local government or chief executive officer required to do something by the tribunal under subsection (1) may comply with the requirement even though the local government or chief executive officer is subject to a duty of secrecy or other restriction on disclosure. (5) An individual is not required under this regulation to answer a question, or give information, that might tend to incriminate the individual.

s 66 47 s 69 Local Government Regulation 1994 66 End of reference (1) At the end of a reference, the Anti-Discrimination Tribunal must give a report (with or without recommendations) to the chief executive officer of the local government concerned and the chief executive of the department. (2) The chief executive of the department must give a copy of the report to the Minister as soon as practicable after receiving it. 67 Recommendation may be to amend EEO management plan In a report under section 66, the Anti-Discrimination Tribunal may recommend that a local government amend its EEO management plan in a particular way. 68 Local government to comply with recommendation A local government must comply with a recommendation given in a report under section 66. Subdivision 8 Tabling of reports and review of division 69 Minister may table report The Minister may table in the Legislative Assembly a report given to the Minister under section 60(2)(a) or 66(2). 41 41 Section 60 (Chief executive’s power when local government does not act or give satisfactory reasons) and section 66 (End of reference)

s 71 48 s 72 Local Government Regulation 1994 Division 2 Register of delegations by chief executive officer to employees 71 Particulars to be contained in register of delegations by chief executive officer to employees—Act, s 1132(4) A register of delegations by the chief executive officer of a local government to other employees of the local government must— (a) contain the name of the person, or the title of the office held by the person, to whom the powers are delegated; and (b) identify the powers delegated including— (i) the provisions of the Act permitting or requiring the exercise of the powers; and (ii) if the powers delegated have been delegated to the chief executive by the local government—the provisions of a local government Act permitting or requiring the exercise of the powers; and (c) contain the date of the delegation; and (d) contain a summary of any conditions to which the delegation is subject. Division 3 Matters about disclosures by employees 72 Definitions In this division— gift means— (a) the transfer of money or other property— (i) without consideration; or (ii) for a consideration substantially less than full consideration; or

s 72 49 s 72 Local Government Regulation 1994 (b) a loan of money or other property made on a permanent or indefinite basis (other than an overdraft facility). related person means a person related to a relevant employee under section 73. relevant employee of a local government means— (a) the chief executive officer; or (b) a senior executive officer of the local government; or (c) an employee of the local government about whom the chief executive officer of the local government must keep a register because the local government has made a decision about the employee under section 1139(2)(b) of the Act. share means— (a) a share in the share capital of a corporation; or (b) stock; or (c) a convertible note; or (d) an option contract. sponsored hospitality benefit , for a relevant employee or related person, means— (a) travel undertaken; or (b) accommodation used; or (c) other hospitality benefit received; by the relevant employee or related person, other than in an official capacity, if a contribution (whether in cash or kind) for the cost of the travel, accommodation or other benefit is made by someone other than the relevant employee or related person. trade or professional organisation means a body (whether incorporated or unincorporated) of— (a) employers or employees; or (b) persons engaged in a profession, trade or other occupation;

s 73 50 s 74 Local Government Regulation 1994 that has an object of furthering the professional, industrial or economic interests of the body or its members. 73 Meaning of related to a relevant employee—Act, s 1139(1)(b) and (2)(c) A person is related to a relevant employee if— (a) the person is the spouse of the relevant employee; or (b) the person is the relevant employee’s child and is wholly or substantially dependent on the relevant employee; or (c) the person is wholly or substantially dependent on the relevant employee and the person’s affairs are so closely connected with the affairs of the relevant employee that a benefit derived by the person, or a substantial part of it, could pass to the relevant employee. 74 Meaning of terms about corporations and other matters (1) The following words have the same meaning in this division as they have in the Corporations Law— • convertible note • corporation • debenture • holding company • nominee corporation • officer • option contract • proprietary company • subsidiary. (2) For the purposes of this part, a person has a controlling interest in shares in a corporation if the person is able— (a) to dispose of, or to exercise control over the disposal of, the shares; or (b) if the shares are voting shares—to exercise, or to control the exercise of, a voting power attached to the shares.

s 75 51 s 76 Local Government Regulation 1994 75 Register of interests of relevant employees (1) A register of interests of a relevant employee must contain particulars about interests held only by the relevant employee— (a) alone; and (b) jointly or in common with a related person. (2) A register of interests of a related person must contain particulars about interests held only by the related person— (a) alone; and (b) jointly or in common with the relevant employee for whom the person is a related person. (3) However, if the related person’s interests that are held jointly or in common with the relevant employee (for whom the person is a related person) are included in the register of interests of the relevant employee, the interests need not be included in the register of interests of the related person. 76 Financial and non-financial particulars for registers—Act, s 1139(3)(b) (1) A register of interests of a relevant employee or related person must contain the following financial and non-financial particulars— (a) for each corporation in which the relevant employee or related person is a shareholder or has a controlling interest in shares— (i) the corporation’s name; and (ii) if the shareholding or interest is a controlling interest in the corporation—details of the shareholdings of the corporation in any other corporation; and (iii) if the shareholding or interest is held in a proprietary company that is the holding company of another corporation— (A) details of the holding company’s investments; and

s 76 52 s 76 Local Government Regulation 1994 (B) the name of any corporation that is a subsidiary of the holding company; and (C) the name of any corporation that is a subsidiary of any corporation that is the holding company’s subsidiary; (b) for each corporation of which the relevant employee or related person is an officer— (i) the corporation’s name; and (ii) the nature of the office held; and (iii) the nature of the corporation’s activities; (c) for each family or business trust or nominee corporation in which the relevant employee or related person holds a beneficial interest— (i) the name of, or a description sufficient to identify, the trust, or the corporation’s name; and (ii) the nature of the activities of the trust or corporation; and (iii) the nature of the interest; (d) for each family or business trust in which the relevant employee or related person is a trustee— (i) the name of, or a description sufficient to identify, the trust; and (ii) the nature of the trust’s activities; and (iii) the name of each person by whom a beneficial interest in the trust is held; (e) for each partnership (including a joint venture) in which the relevant employee or related person has an interest— (i) the name of, or a description sufficient to identify, the partnership; and (ii) the nature of the partnership’s activities; and (iii) the nature of the interest; (f) for all real estate in which the relevant employee or related person has an interest—

s 76 53 s 76 Local Government Regulation 1994 (i) the suburb or locality of the property; and (ii) the approximate size of the property; and (iii) the purpose for which the property is, and is intended to be, used; and (iv) the nature of the interest; (g) for each liability (other than department store and credit card accounts) of the relevant employee or related person— (i) the nature of the liability; and (ii) the name of the creditor; (h) for each debenture or similar investment held by the relevant employee or related person— (i) the nature of the investment; and (ii) the name of the corporation in which the investment is made; and (iii) the nature of the business of the corporation; (i) for each savings or investment account of the relevant employee or related person held with a financial institution— (i) the nature of the account; and (ii) the name of the institution; (j) for each gift, or all gifts totalling, more than $500 in amount or value received by the relevant employee or related person—the name and address of the person who gave the gift or gifts to the relevant employee or related person; (k) for each sponsored hospitality benefit received by the relevant employee or related person— (i) the source of the contribution for the travel, accommodation or other benefit; and (ii) the purpose of the benefit; (l) particulars sufficiently detailed to identify each other substantial source of income received by—

s 77 54 s 77 Local Government Regulation 1994 (i) the relevant employee or related person; or (ii) a proprietary company, or trust, in which the relevant employee or a related person holds an interest; (m) particulars sufficiently detailed to identify each other asset of the relevant employee or related person with a value of more than $5 000, other than— (i) household and personal effects; and (ii) a motor vehicle used mainly for personal use; and (iii) superannuation entitlements; (n) for each body or association or trade or professional organisation of which the relevant employee or related person is a member (other than a body or association of a political nature)—its name and address; (o) particulars sufficiently detailed to identify each other financial or non-financial interest of the relevant employee or related person— (i) of which the relevant employee is aware; and (ii) that raises, appears to raise, or could foreseeably raise, a conflict between the relevant employee’s duty as a relevant employee and the holder of the interest. (2) Subsection (1)(j) does not apply to a gift from a person who— (a) if the gift is received by the relevant employee—is a related person for, or someone else related by blood or marriage to, the relevant employee; or (b) if the gift is received by the related person—is the relevant employee for whom the person is a related person, or someone else related by blood or marriage to the related person. 77 Time for relevant employee to tell about interests and correcting particulars—Act, s 1139(4) or (5) Three months is the time within which a relevant employee must tell of an interest that—

s 78 55 s 80 Local Government Regulation 1994 (a) must be recorded in the register of employee’s interests or a register of interests for a related person for the employee; or (b) is recorded but the particulars of which are no longer correct. 42 78 Way for relevant employee to tell about interests and correct particulars—Act, s 1139(4) or (5) A relevant employee may tell the person who, under the Act, 43 must keep the register by giving the keeper a statement of interests, or a notice of correct particulars, in the approved form. Part 17 Superannuation 79 Local government entities The entities mentioned in schedule 2 are local government entities for chapter 17 44 of the Act. 80 Persons eligible for membership of the scheme—Act, s 1181 (1) The following persons are prescribed for section 1181(1)(f) of the Act— (a) the spouse of a member; (b) an entitled former spouse; (c) an employee of— (i) DDS Consulting; or 42 Section 60 (Chief executive’s power when local government does not act or give satisfactory reasons) and section 66 (End of reference) 43 See section 1139(1) and (2) of the Act for persons who must keep registers. 44 Chapter 17 (Superannuation) of the Act

s 81 56 s 81 Local Government Regulation 1994 (ii) the Local Government Managers Australia (QLD) Inc.; (d) a person who— (i) is an employee of South East Queensland Water Corporation Limited ACN 088 729 766; and (ii) was, immediately before 17 March 2000, an employee of the South East Queensland Water Board and a member of the scheme. (2) Subsection (3), definition spouse , applies despite the Acts Interpretation Act 1954 , section 32DA(6). (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 scheme. scheme means the Local Government Superannuation Scheme. South East Queensland Water Board means the South East Queensland Water Board that was established under the repealed South East Queensland Water Board Act 1979 . spouse does not include a de facto partner of the same gender. 81 Interest payable on outstanding contributions—Act, s 1188 For section 1188 of the Act, the rate of interest is 14%.

s 81A 57 Local Government Regulation 1994 s 81F Part 17A Enclosures for restricted dogs Division 1 Preliminary 81A Operation of pt 17A This part prescribes, under section 1193ZC of the Act, requirements for the enclosure for a restricted dog. 81B Definition for pt 17A In this part— permitted place means a place for which a restricted dog permit for a restricted dog has been given. Division 2 Requirements 81C Public access to front entrance of house The enclosure must not be built or situated in a way that requires a member of the public seeking access to the front entrance of a dwelling house on the permitted place to go into the enclosed area. 81D Minimum enclosed area The area enclosed must be at least 10 m 2 . 81E Minimum height The walls of the enclosure must be at least 1.8 m high above ground level. 81F Standard for enclosure materials The enclosure must consist of firm and strong materials.

s 81G 58 Local Government Regulation 1994 s 81I 81G Enclosure walls (1) The exterior of the walls of the enclosure must be designed to prevent children from climbing into the enclosure. (2) The walls may include a perimeter fence for the permitted place or an exterior wall of a structure if it complies with the requirements for the enclosure under section 1193ZC of the Act and this division. 81H Gate requirements (1) The enclosure must include a gate (the enclosure gate ). (2) The enclosure must not have a driveway gate or other vehicle entry gate (a vehicle gate ). (3) The enclosure gate must— (a) be childproof, self-closing and self-latching; and (b) comply with the requirements for the enclosure under section 1193ZC of the Act and this division. (4) However, the enclosure may have another gate that is not self-closing and self-latching if it— (a) is not a vehicle gate; and (b) complies with section 81E; and (c) is kept securely locked whenever it is not in immediate use. 81I Weatherproof sleeping area required The enclosure must include a weatherproof sleeping area appropriate for the dog. Examples of an appropriate weatherproof sleeping area — 1 A kennel. 2 An area of an appropriate size, covered by an appropriate verandah or other roof.

s 82 59 Local Government Regulation 1994 Part 18 General 82 Chapter 18 of the Act Chapter 18 of the Act deals with general matters. 45 s 83 Part 19 Transitional provisions for Act Division 1 Financial operation and accountability 83 Changes in continued application of provision of repealed Local Government Act—Act, s 1209 (1) For section 1209 46 of the Act, subsection (2) prescribes a change to the way the repealed Local Government Act, section 28(15) applies to the Trustees. (2) Section 28(15)(e)(i)— insert — ‘(d) with Queensland Treasury Corporation.’. 45 This regulation follows the structure of the Act. The headings to the parts of the regulation are substantially the same as the headings to the chapters of the Act. This part and section are included to maintain the relationship of the numbering sequence so that the part number is the same as the chapter number. 46 Section 1209 (Administration of sinking fund for liquidation of current borrowings) of the Act

s 84 60 s 85 Local Government Regulation 1994 Division 2 Anti-competitive provisions of existing local laws and existing subordinate local laws 84 Definitions for div 2 In this division— identification guidelines means the document called ‘National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Existing Local Laws and Existing Local Law Policies’ issued by the department. 47 public interest test guidelines means the document called ‘National Competition Policy Guidelines for Conducting Public Interest Tests on Possible Anti-competitive Provisions in Local Laws and Local Law Policies’ issued by the department. 48 85 Anti-competitive provisions—Act, s 1219 (1) For section 1219 of the Act, definition anti-competitive provision , this section prescribes provisions of an existing local law or existing subordinate local law that are treated as creating barriers to entry to a market or barriers to competition within a market. (2) For a model local law made by a local government, the provision is a provision the local government considers, under section 5.2.2 of the identification guidelines, as being within the criteria applied under the section. 47 Copies of the National Competition Policy Guidelines to Assist Local Governments Identify Possible Anti-competitive Provisions in Existing Local Laws and Existing Local Law Policies may be inspected at the State office of the Department of Local Government, Planning, Sport and Recreation. 48 Copies of the National Competition Policy Guidelines for Conducting Public Interest Tests on Possible Anti-competitive Provisions in Local Laws and Local Law Policies may be inspected at the State office of the Department of Local Government, Planning, Sport and Recreation.

s 86 61 s 88 Local Government Regulation 1994 (3) For a local law (other than a model local law) or a subordinate local law made by a local government, the provision is a provision that— (a) is not excluded by the local government under section 5.1.1 or 5.1.2 of the identification guidelines; and (b) is identified by the local government, under section 5.1.3 of the identification guidelines, as being within the criteria applied under the section. 86 Identification of possible anti-competitive provisions—Act, s 1231 To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of existing local laws or existing subordinate local laws, the procedures a local government follows must be in accordance with the identification guidelines. 87 Requirements for public interest tests and test reports—Act, s 1231 To the extent it is reasonably practicable, public interest tests and public interest test reports must comply with the public interest test guidelines. 88 Giving of information to Minister—Act, s 1231 To the extent it is reasonably practicable, for identifying possible anti-competitive provisions of existing local laws or existing subordinate local laws, a local government must give to the Minister information in accordance with the identification guidelines.

62 Local Government Regulation 1994 Schedule 1 Components of own source revenue section 23 1 Revenue from general rates, differential general rates and the minimum general rate levy 2 Ex gratia receipts 3 Fines 4 General charges 5 Interest

63 Local Government Regulation 1994 Schedule 2 Local Government entities section 79 1 Badu Island Council 2 Burdekin Cultural Complex Board Inc. 3 Burdekin River Improvement Trust 4 Central Queensland Local Government Association Inc. 5 Central Western Queensland Remote Area Planning and Development Board 6 Coconut Island Council 7 Condamine River Improvement Trust 8 Dauan Island Council 9 Don River Improvement Trust 10 Empire Theatres Pty Ltd ACN 086 482 288 11 Gold Coast Arts Centre Pty Ltd ACN 850 607 874 66 12 Gulf Local Authorities Development Association Inc. 13 Hammond Island Council 14 Haughton River Improvement Trust 15 Institute of Public Works Engineering Australia Queensland Division Inc. 16 Kubin Community Council 17 Local Buy Pty Ltd ACN 090 446 487 18 Local Government Association of Queensland Inc. 19 Mackay, Hinterland and Whitsunday Combined Local Authorities Association Inc. 20 North Queensland Afforestation Association Inc. 21 Pioneer River Improvement Trust 22 Queensland Local Government Industry Training Committee 23 Queensland Water Directorate

64 Local Government Regulation 1994 Schedule 2 (continued) 24 Regional Galleries Association of Queensland Inc. 25 St. Pauls Island Council 26 Stanthorpe Art Gallery Society Incorporated 27 Stanthorpe Dingo Fence Maintenance Association 28 Sunshine Coast Events Centre Pty Ltd ACN 107 604 991 29 Townsville Thuringowa Water Supply Board 30 Warraber Island Council 31 Wide Bay Water Corporation

65 Local Government Regulation 1994 Schedule 3 Dictionary section 2 Anti-Discrimination Tribunal means the Anti-Discrimination Tribunal established under the Anti-Discrimination Act 1991 . EEO management plan means an equal employment opportunity management plan required by section 49. employee means an individual appointed or engaged— (a) under a contract of service (including on a full-time, part-time, permanent, casual or temporary basis); or (b) under a statutory appointment. employment matters means— (a) recruitment procedure, and selection criteria, for appointment or engagement of people as employees; or (b) promotion and transfer of employees; or (c) training and staff development for employees; or (d) terms and conditions of service and separation of employees; or (e) any other matter about the employment of employees. how-to-vote card see section 12A. joint arrangement see section 6. permitted place , for part 17A, see section 81B. separation includes voluntary and involuntary separation of a person from a local government. target group means— (a) people of the Aboriginal race of Australia or people who are descendants of the indigenous inhabitants of the Torres Strait Islands; or (b) people who have migrated to Australia and whose first language is a language other than English, and the children of those people; or

66 Local Government Regulation 1994 Schedule 3 (continued) (c) people with a physical, sensory, intellectual or psychiatric disability (whether the disability presently exists or previously existed but no longer exists); or (d) women. trade union means— (a) an employee organisation under the Industrial Relations Act 1999 ; or (b) an organisation of employees registered under the Industrial Relations Act 1988 (Cwlth). unlawful discrimination means discrimination that is unlawful under the Anti-Discrimination Act 1991 . woman means a person of the female sex irrespective of age.

67 Local Government Regulation 1994 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 8 Table of renumbered provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 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 2005. Future amendments of the Local Government Regulation 1994 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

68 Local Government Regulation 1994 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd 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 = 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 2A 2B 2C 2D 2E 3 3A 3B rv 3C 3D 4 4A Amendments to none 1995 SL No. 104 1996 SL No. 160 1996 SL No. 425 1997 SL No. 202 1997 SL No. 406 1998 SL No. 96 1998 SL No. 96 1998 SL No. 296 1999 SL No. 304 2000 SL No. 42 2001 SL No. 115 2001 SL No. 143 2002 SL No. 6 Effective 26 March 1994 21 April 1995 28 June 1996 20 December 1996 4 July 1997 28 November 1997 24 April 1998 24 April 1998 13 November 1998 1 January 2000 17 March 2000 20 July 2001 17 August 2001 1 June 2002 Reprint date 13 April 1994 1 August 1995 8 October 1996 12 March 1997 5 August 1997 6 January 1998 5 May 1998 1 July 1998 20 November 1998 18 January 2000 24 March 2000 3 August 2001 28 September 2001 1 June 2002

69 Local Government Regulation 1994 Reprint No. 4B 4C 4D 4E 4F 5 5A 5B 5C 5D 5E Amendments included 2002 SL No. 241 2003 SL No. 46 2003 SL No. 54 2003 SL No. 118 2003 SL No. 186 — 2004 SL No. 20 2004 SL No. 319 2005 SL No. 14 2005 SL No. 54 — Effective 13 September 2002 21 March 2003 1 April 2003 20 June 2003 15 August 2003 15 August 2003 19 March 2004 1 January 2005 18 February 2005 1 April 2005 1 July 2005 Notes R4F withdrawn, see R5 prov exp 30 June 2005 5 Tables in earlier reprints Name of table Renumbered provisions Reprint No. 3 6 List of legislation Local Government Regulation 1994 SL No. 101 made by the Governor in Council on 24 March 1994 notfd gaz 25 March 1994 pp 1228–32 ss 1–2 commenced on date of notification s 36 commenced 1 July 1994 (see s 2(1)) remaining provisions commenced 26 March 1994 (see s 2(2)) exp 31 August 2005 (see SIA s 56A(1)(b) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— Local Government Amendment Regulation (No. 1) 1995 SL No. 104 notfd gaz 21 April 1995 pp 1718–21 commenced on date of notification Local Government Amendment Regulation (No. 2) 1995 SL No. 340 notfd gaz 8 December 1995 pp 1449–53 commenced on date of notification Local Government Amendment Regulation (No. 3) 1995 SL No. 398 notfd gaz 22 December 1995 pp 1672–6 commenced on date of notification Local Government Amendment Regulation (No. 1) 1996 SL No. 159 notfd gaz 28 June 1996 pp 1164–70 commenced on date of notification

70 Local Government Regulation 1994 Local Government Amendment Regulation (No. 2) 1996 SL No. 160 notfd gaz 28 June 1996 pp 1164–70 commenced on date of notification Local Government Amendment Regulation (No. 3) 1996 SL No. 380 notfd gaz 13 December 1996 pp 1470–2 commenced on date of notification Local Government Amendment Regulation (No. 4) 1996 SL No. 425 notfd gaz 20 December 1996 pp 1588–98 commenced on date of notification Local Government Amendment Regulation (No. 1) 1997 SL No. 158 notfd gaz 20 June 1997 pp 879–82 commenced on date of notification Local Government Amendment Regulation (No. 2) 1997 SL No. 202 notfd gaz 4 July 1997 pp 1143–4 commenced on date of notification Local Government Amendment Regulation (No. 3) 1997 SL No. 354 notfd gaz 24 October 1997 pp 786–8 commenced on date of notification Local Government Amendment Regulation (No. 4) 1997 SL No. 406 notfd gaz 28 November 1997 pp 1408–10 commenced on date of notification Local Government Amendment Regulation (No. 1) 1998 SL No. 87 notfd gaz 17 April 1998 pp 1616–18 commenced on date of notification Local Government Amendment Regulation (No. 2) 1998 SL No. 96 notfd gaz 24 April 1998 pp 1730–2 commenced on date of notification Local Government Amendment Regulation (No. 3) 1998 SL No. 296 notfd gaz 13 November 1998 pp 982–3 commenced on date of notification Local Government Amendment Regulation (No. 1) 1999 SL No. 254 notfd gaz 5 November 1999 pp 918–21 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2000 (see s 2) Local Government Amendment Regulation (No. 2) 1999 SL No. 304 notfd gaz 3 December 1999 pp 1348–50 commenced on date of notification Local Government Amendment Regulation (No. 1) 2000 SL No. 41 notfd gaz 17 March 2000 pp 1052–3 commenced on date of notification

71 Local Government Regulation 1994 Local Government Legislation Amendment Regulation (No. 1) 2000 SL No. 42 pts 1, 4 notfd gaz 17 March 2000 pp 1052–3 commenced on date of notification Local Government and Other Legislation Amendment Regulation (No. 1) 2001 SL No. 115 pts 1, 4 notfd gaz 20 July 2001 pp 1138–40 commenced on date of notification Local Government Amendment Regulation (No. 1) 2001 SL No. 143 notfd gaz 17 August 2001 pp 1455–6 commenced on date of notification Local Government Amendment Regulation (No. 1) 2002 SL No. 6 notfd gaz 1 February 2002 pp 338–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 June 2002 (see s 2) Local Government Legislation Amendment and Repeal Regulation (No. 1) 2002 SL No. 241 pts 1, 3 notfd gaz 13 September 2002 pp 131–2 commenced on date of notification Local Government Amendment Regulation (No. 1) 2003 SL No. 46 notfd gaz 21 March 2003 pp 1058–59 commenced on date of notification Discrimination Law (Marital Status) Amendment Regulation (No. 1) 2003 SL No. 54 ss 1–3 sch notfd gaz 28 March 2003 pp 1125–9 ss 1–2 commenced on date of notification remaining provisions commenced 1 April 2003 (see s 2) Local Government Amendment Regulation (No. 2) 2003 SL No. 118 notfd gaz 20 June 2003 pp 633–6 commenced on date of notification Local Government Amendment Regulation (No. 3) 2003 SL No. 186 notfd gaz 15 August 2003 pp 1312–3 commenced on date of notification Local Government Amendment Regulation (No. 1) 2004 SL No. 20 notfd gaz 19 March 2004 pp 1073–4 commenced on date of notification Local Government (Community Government Areas) Regulation 2004 SL No. 319 ss 1–2, 23 sch 1 notfd gaz 17 December 2004 pp 1277–85 ss 1–2 commenced on date of notification remaining provisions commenced 1 January 2005 (see s 2) Local Government Amendment Regulation (No. 1) 2005 SL No. 14 notfd gaz 18 February 2005 pp 596–7 commenced on date of notification

72 Local Government Regulation 1994 Local Government Amendment Regulation (No. 2) 2005 SL No. 54 notfd gaz 1 April 2005 pp 1066–69 commenced on date of notification 7 List of annotations This reprint has been renumbered—see table of renumbered provisions in endnote 8. PART 1—PRELIMINARY Division 1—Citation of regulation div hdg ins 2002 SL No. 241 s 5 Division 2—Interpretation div hdg ins 2002 SL No. 241 s 6 Definitions s 2 prev s 2 om R2 (see RA s 37) pres s 2 sub 1995 SL No. 398 s 3 amd 1997 SL No. 202 s 3 sub 2002 SL No. 241 s 6 Prescribed pensions for meaning of “pensioner” s 3 sub 2002 SL No. 241 s 6 State interest s 3A ins 2000 SL No. 41 s 3 sub 2002 SL No. 241 s 6 Department’s address s 4 amd 1995 SL No. 398 s 4 sub 2002 SL No. 241 s 6 PART 3—INTERACTION WITH THE STATE Definitions for pt 3 prov hdg sub 1997 SL No. 202 s 4(1) s 6 def “water catchment principle” ins 1997 SL No. 202 s 4(2) Issues identified s 7 ins 1997 SL No. 202 s 5 Prescribed issues—Act, s 84 s 8 sub 1997 SL No. 202 s 5 Prescribed issues—Act, s 107 s 9 sub 1997 SL No. 202 s 5 Overruling particular local laws—Act, s 163 s 12A prev s 12A ins 1995 SL No. 340 s 3 om 1997 SL No. 202 s 6 pres s 12A ins 2000 SL No. 41 s 4 Definitions s 13 orig s 13 om 1997 SL No. 202 s 6

73 Local Government Regulation 1994 Prescribed person—Act, ss 226 and 252 s 13A prev s 13A ins 1996 SL No. 160 s 3 exp 28 July 1996 (see s 13A(6)) pres s 13A ins 2001 SL No. 115 s 7 PART 4—LOCAL GOVERNMENT COUNCILLORS Meaning of “related” to a councillor—Act, s 247(1)(b) s 14 amd 1998 SL No. 87 s 3; 2003 SL No. 54 s 3 sch PART 5—LOCAL GOVERNMENT ELECTIONS Date of triennial elections in 1997—Act, s 269(3) s 20 sub 1996 SL No. 380 s 3 PART 6—GENERAL OPERATION OF LOCAL GOVERNMENTS Declaration of exempt enterprises—Act, s 495 s 22 amd 1997 SL No. 354 s 3 Declaration of exempt enterprises for a community government—Act, s 495 s 22A ins 2004 SL No. 319 s 23 sch 1 exp 30 June 2005 (see s 22A(2)) Limits of enterprise powers—Act, s 500 s 23 amd 1997 SL No. 202 s 7 PART 8—NATIONAL COMPETITION REFORM OF SIGNIFICANT BUSINESS ACTIVITIES pt hdg ins 1996 SL No. 425 s 3 Prescribed requirement for public benefit assessments and public benefit assessment reports—Act, s 559 s 25 ins 1996 SL No. 425 s 3 PART 9—CONDUCT OF COMPETITIVE BUSINESS ACTIVITIES pt hdg ins 1997 SL No. 158 s 3 sub 1997 SL No. 406 s 3 Activities of local governments that are not business activities—Act, s 762 s 26 ins 1997 SL No. 158 s 3 sub 1997 SL No. 406 s 3; 1998 SL No. 96 s 3 amd 2000 SL No. 42 s 14 PART 10—REFORM OF CERTAIN WATER AND SEWERAGE SERVICES pt hdg ins 1997 SL No. 406 s 3 Requirements for two-part tariff assessments and reports—Act, s 777 s 27 ins 1997 SL No. 158 s 3 sub 1997 SL No. 406 s 3 PART 11—COMPLAINTS ABOUT COMPETITIVE NEUTRALITY pt hdg ins 1998 SL No. 96 s 4 Maximum fee payable for making a complaint—Act, s 794 s 28 ins 1998 SL No. 96 s 4 PART 12—LOCAL LAWS AND SUBORDINATE LOCAL LAWS pt hdg amd 1999 SL No. 254 s 3 sch

74 Local Government Regulation 1994 Division 1—Anti-competitive provisions of proposed local laws and proposed subordinate local laws div hdg ins 1997 SL No. 406 s 4 amd 1999 SL No. 254 s 3 sch Definitions for div 1 s 29 prev s 29 ins 1997 SL No. 158 s 3 om 1997 SL No. 406 s 3 pres 29 ins 1997 SL No. 406 s 4 Anti-competitive provisions—Act, s 885 s 30 prev s 30 ins 1997 SL No. 158 s 3 om 1997 SL No. 406 s 3 pres s 30 ins 1997 SL No. 406 s 4 amd 1999 SL No. 254 s 3 sch Identification of possible anti-competitive provisions—Act, s 893 s 31 ins 1997 SL No. 406 s 4 amd 1999 SL No. 254 s 3 sch Requirements for public interest tests and test reports—Act, s 893 s 32 ins 1997 SL No. 406 s 4 Giving of information to Minister—Act, s 893 s 33 ins 1997 SL No. 406 s 4 amd 1999 SL No. 254 s 3 sch Division 2—Public access to subordinate local laws div hdg ins 1997 SL No. 406 s 4 amd 1999 SL No. 254 s 3 sch Subordinate local law register—Act, s 895(2) prov hdg amd 1999 SL No. 254 s 3 sch s 34 amd 1999 SL No. 254 s 3 sch Division 3—Drafting standards for proposed local laws and subordinate local laws div hdg ins 1999 SL No. 254 s 4 Prescribed drafting standards s 34A ins 1999 SL No. 254 s 4 Particular application of drafting standards s 34B ins 1999 SL No. 254 s 4 PART 14—RATES AND CHARGES Land exempted from rating—Act, s 957 prov hdg amd 2002 SL No. 241 s 7(1) s 36 amd 2002 SL No. 241 s 7(2)–(3) Notice of intention to sell land—Act, s 1041(3) s 39 amd 1997 SL No. 202 s 8 Notice for registering purchaser for interest—Act, s 1049(2) s 40 sub 1997 SL No. 202 s 9

75 Local Government Regulation 1994 Application for registering local government for interest—Act, s 1050(2) s 41 sub 1997 SL No. 202 s 9 Notice of intention to acquire valueless land—Act, s 1052(2) s 42 amd 1997 SL No. 202 s 10; 2005 SL No. 54 s 3 Application for registering local government for interest—Act, s 1053(3) s 43 sub 1997 SL No. 202 s 11 PART 15—PROVISIONS AIDING LOCAL GOVERNMENT Who may be appointed as authorised persons—Act, s 1084(1) s 44 ins 1995 SL No. 104 s 3 PART 16—LOCAL GOVERNMENT STAFF Division 1—Equal opportunity of employment div hdg ins 1995 SL No. 398 s 5 Subdivision 1—Object of division and related matters sdiv hdg ins 1995 SL No. 398 s 5 Purpose, role of EEO and how it is to be achieved s 46 ins 1995 SL No. 398 s 5 Merit principle reinforced s 47 ins 1995 SL No. 398 s 5 Criteria for exemption from compliance with div 1—Act, s 1130 s 48 ins 1997 SL No. 354 s 4 Subdivision 2—Development of equal employment opportunity management plan sdiv hdg ins 1995 SL No. 398 s 5 Local government to develop EEO management plan s 49 ins 1995 SL No. 398 s 5 amd 2000 SL No. 42 s 15 Steps to be followed in ongoing development of EEO management plan s 50 ins 1995 SL No. 398 s 5 Local government may amend EEO management plan s 51 ins 1995 SL No. 398 s 5 Subdivision 3—Approval of plan sdiv hdg ins 1995 SL No. 398 s 5 om 2000 SL No. 42 s 16 Local government to give EEO management plan to the chief executive s 52 prev s 52 ins 1998 SL No. 87 s 7 om R3 (see RA s 37) new s 52 ins 1995 SL No. 398 s 5 om 2000 SL No. 42 s 16 Local government to give amendment of EEO management plan to the chief executive s 53 ins 1995 SL No. 398 s 5 om 2000 SL No. 42 s 16

76 Local Government Regulation 1994 Chief executive must advise whether EEO management plan etc. supported s 54 ins 1995 SL No. 398 s 5 om 2000 SL No. 42 s 16 Subdivision 4—Implementation of plan sdiv hdg ins 1995 SL No. 398 s 5 Local government to give effect to EEO management plan s 55 ins 1995 SL No. 398 s 5 Employment powers to be exercised having regard to EEO management plan s 56 ins 1995 SL No. 398 s 5 Subdivision 5—EEO information in annual report sdiv hdg ins 1995 SL No. 398 s 5 sub 2000 SL No. 42 s 17 Local government’s activities to implement EEO management plan s 57 ins 1995 SL No. 398 s 5 sub 2000 SL No. 42 s 17 Subdivision 6—Supervision by chief executive sdiv hdg ins 1995 SL No. 398 s 5 Chief executive may take action if dissatisfied with EEO management prov hdg amd 2000 SL No. 42 s 18(1) s 58 ins 1995 SL No. 398 s 5 amd 2000 SL No. 42 s 18(2) Local government to comply with recommendation unless chief executive notified s 59 ins 1995 SL No. 398 s 5 Chief executive’s power when local government does not act or give satisfactory reasons s 60 ins 1995 SL No. 398 s 5 Subdivision 7—Supervision by tribunal sdiv hdg ins 1995 SL No. 398 s 5 Tribunal may recommend conciliation s 61 ins 1995 SL No. 398 s 5 Otherwise tribunal must determine reference s 62 ins 1995 SL No. 398 s 5 Tribunal may investigate a reference s 63 ins 1995 SL No. 398 s 5 Legal representation with permission s 64 ins 1995 SL No. 398 s 5 Tribunal’s powers at an investigation s 65 ins 1995 SL No. 398 s 5 End of reference s 66 ins 1995 SL No. 398 s 5

77 Local Government Regulation 1994 Recommendation may be to amend EEO management plan s 67 ins 1995 SL No. 398 s 5 Local government to comply with recommendation s 68 ins 1995 SL No. 398 s 5 Subdivision 8—Tabling of reports and review of division sdiv hdg ins 1995 SL No. 398 s 5 Minister may table report s 69 ins 1995 SL No. 398 s 5 Review of division s 70 ins 1995 SL No. 398 s 5 om 2000 SL No. 42 s 19 Meaning of “related” to a relevant employee—Act, s 1139(1)(b) and (2)(c) s 73 amd 1998 SL No. 87 s 4 PART 17—SUPERANNUATION pt hdg ins 1996 SL No. 159 s 3 Local government entities s 79 ins 1996 SL No. 159 s 3 amd 1997 SL No. 202 s 12; 1997 SL No. 354 s 5; 1998 SL No. 87 s 5; 1999 SL No. 304 s 3; 2000 SL No. 42 s 20; 2001 SL No. 143 s 3 sub 2002 SL No. 241 s 8 Persons eligible for membership of the scheme—Act, s 1181 s 80 ins 1998 SL No. 87 s 6 sub 1998 SL No. 296 s 3 amd 1999 SL No. 304 s 4; 2002 SL No. 241 s 9; 2003 SL No. 46 s 3; 2003 SL No. 54 s 3 sch Interest payable on outstanding contributions—Act, s 1188 s 81 ins 1996 SL No. 159 s 3 PART 17A—ENCLOSURES FOR RESTRICTED DOGS pt hdg ins 2002 SL No. 6 s 4 Division 1—Preliminary div 1 (ss 81A–81B) ins 2002 SL No. 6 s 4 Division 2—Requirements div 2 (ss 81C–81I) ins 2002 SL No. 6 s 4 PART 18—GENERAL pt hdg pt 18 hdg (prev pt 13 hdg) renum 1996 SL No. 159 s 4 Chapter 18 of the Act s 82 sub 1997 SL No. 202 s 13 PART 19—TRANSITIONAL PROVISIONS FOR ACT pt hdg ins 1997 SL No. 202 s 13 Division 1—Financial operation and accountability div hdg ins 1997 SL No. 406 s 5

78 Local Government Regulation 1994 Changes in continued application of provision of repealed Local Government Act—Act, s 1209 s 83 ins 1997 SL No. 202 s 13 Division 2—Anti-competitive provisions of existing local laws and existing subordinate local laws div hdg ins 1997 SL No. 406 s 6 amd 1999 SL No. 254 s 3 sch Definitions for div 2 s 84 ins 1997 SL No. 406 s 6 Anti-competitive provisions—Act, s 1219 s 85 ins 1997 SL No. 406 s 6 amd 1999 SL No. 254 s 3 sch Identification of possible anti-competitive provisions—Act, s 1231 s 86 ins 1997 SL No. 406 s 6 amd 1999 SL No. 254 s 3 sch Requirements for public interest tests and test reports—Act, s 1231 s 87 ins 1997 SL No. 406 s 6 Giving of information to Minister—Act, s 1231 s 88 ins 1997 SL No. 406 s 6 amd 1999 SL No. 254 s 3 sch SCHEDULE 1—COMPONENTS OF OWN SOURCE REVENUE prev sch 1 om 1997 SL No. 202 s 14 pres sch 1 (prev sch 2) renum 1997 SL No. 202 s 15 SCHEDULE 2—LOCAL GOVERNMENT ENTITIES (prev sch 3) renum 1997 SL No. 202 s 15 (prev sch 1A) ins 2002 SL No. 241 s 10 renum 2002 SL No. 241 s 12 (prev sch 1A) renum 2002 SL No. 241 s 12 amd 2002 SL No. 118 s 3; 2003 SL No. 186 s 3; 2004 SL No. 20 s 3; 2004 SL No. 319 s 23 sch 1; 2005 SL No. 14 s 3; 2005 SL No. 54 s 4 SCHEDULE 2A—WORDING FOR REFERENDUM QUESTIONS ins 1996 SL No. 160 s 4 exp 28 July 1996 (see s 13A(6)) SCHEDULE 3—DICTIONARY (prev sch 2) ins 1995 SL No. 398 s 6 renum 2002 SL No. 241 s 12 def “Anti-Discrimination Tribunal” ins 1995 SL No. 398 s 6 def “approved form” ins 1995 SL No. 398 s 6 om 1997 SL No. 202 s 16 def “EEO management plan” ins 1995 SL No. 398 s 6 def “employee” ins 1995 SL No. 398 s 6 def “employment matters” ins 1995 SL No. 398 s 6 def “how-to-vote card” ins 2000 SL No. 41 s 5 def “joint arrangement” ins 1995 SL No. 398 s 6 def “permitted place” ins 2002 SL No. 6 s 5

79 Local Government Regulation 1994 def “separation” ins 1995 SL No. 398 s 6 def “spouse” ins 1998 SL No. 87 s 8 om 2003 SL No. 54 s 3 sch def “target group” ins 1995 SL No. 398 s 6 def “trade union” ins 1995 SL No. 398 s 6 amd 2002 SL No. 241 s 11 def “unlawful discrimination” ins 1995 SL No. 398 s 6 def “woman” ins 1995 SL No. 398 s 6 8 Table of renumbered provisions under the Reprints Act 1992 s 43 as required by the Local Government Regulation 1994 [Reprint No. 3] Previous Renumbered as 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 pt 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 8 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 pt 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 9 25B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 pt 7C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 10 25C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 pt 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 11 25CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 12 25D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 25E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 25F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 25G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 25H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34

80 Local Government Regulation 1994 Previous Renumbered as pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 13 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 14 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 15 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 16 div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 1 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 36B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 36BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 36C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 36D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 36E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 36F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 36G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 36H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 36I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 36J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 36K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 36L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 36M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 36M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 36N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 36O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 36P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 36Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 36R . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 36S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 36T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .66 36U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 36V . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 36W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 36X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 2 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .71 div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .div 3 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .72 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .74

81 Local Government Regulation 1994 Previous Renumbered as 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .75 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .78 pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 17 44A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79 44AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 44B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 18 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .pt 19 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .87 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .88 © State of Queensland 2005