QueenslandLocalGovernmentAct2009Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheLocalGovernmentElectoral(ImplementingStage1ofBelcarra)andOtherLegislationAmendmentBill2018.Thisindicativereprinthasbeenpreparedforinformation only—it is not an
authorised reprint of the Act.The
point-in-time date for this indicative reprint is the introduction
date forthe Local Government Electoral (Implementing
Stage 1 of Belcarra) andOther Legislation Amendment Bill 2018—6
March 2018.AmendmentstothisActarealsoincludedintheLocalGovernment(Councillor Complaints) and Other Legislation
Amendment Bill 2018, theLocalGovernmentLegislation(ValidationofRatesandCharges)Amendment Bill
2018 and the Plumbing and Drainage Bill 2018. Theseproposed amendments are not included in this
indicative reprint.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Local
Government Act 2009ContentsNotauthorised—indicativeonlyPart 4Division 1295296Division 2297298299Part
5300Part 6301Part
7Division 1302303Division 2304305306Part 8307Part 9308309310311Page
14Council. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. .250Transitional provisions for Local
Government and OtherLegislation Amendment Act 2012Transitional provisions about change of
legal statusEffect of change of legal status on existing
local governments and jointlocal
governments . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . .251Contractual rights
etc. are
unaffected . . . . . . . . . . . . . . . . . . . . .252Other transitional provisionsContinuation of
particular provisions for corporate entities . . . . .253Change in dealing with
complaints. . . . . . . . . . . . . . . . . . . . . .
.254Change
in process
for making
local laws. . . . . . . . . . . . . . . . . .254Transitional provision for
South East
Queensland Water(Restructuring) and Other Legislation
Amendment Act 2012Superannuation for particular LinkWater
employees transferred toQueensland Bulk Water Supply Authority
. .
. .
. .
. .
. .
. .
. .
. .
. .255Transitional provision for
Queensland Independent RemunerationTribunal Act
2013Amendment
of regulation does
not affect
powers of
Governor in
Council256Transitional provisions for
Local Government and
OtherLegislation Amendment Act
2013Former corporate
entitiesExemption from
continuation of particular
provisions for corporateentities . . .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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. .
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. .257Continuation
of particular provisions of
other Acts
for corporate entities258New local governmentsDefinition for div
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .258Meeting to approve budget and levy rates and charges
for period
ending30 June 2014 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .259Post-election meeting not
required. . . . . . . . . . . . . . . . . . . . . . .259Validation provision for Sustainable
Planning (InfrastructureCharges)
and Other Legislation Amendment Act
2014Validation of
rates charged. . . . . . . . . . . . . . . . . . . . . . . . . . . . .260Transitional provisions for
Planning (Consequential)
and OtherLegislation Amendment Act
2016Definitions for
part .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
. .
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.260Entry under existing application, permit
or notice. . . . . . . . . . . .260Existing remedial notice. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . .261Existing inside information . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .261
312Part 10313314Schedule 4Local Government
Act 2009ContentsExisting unpaid
fine—where fine to be paid to. . . . . . . .
. . . . . .Transitional provisions for Revenue and
Other LegislationAmendment Act 2016Change in name
of board and scheme . . . . . . . . . . . . . . . . . . . .Existing membership and entitlements. .
. . . . . . . . . . . . . . . . . .Dictionary. . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.262262263264Notauthorised—indicativeonlyPage
15
Notauthorised—indicativeonly
Local
Government Act 2009Local Government Act 2009Chapter 1
Preliminary[s 1]An Act to provide
a system of local government in Queensland,and for related
purposesNotauthorised—indicativeonlyChapter 1Preliminary1Short
titleThis Act may be cited as theLocal Government Act 2009.2Commencement(1)Amendments 20 and 21 of theLocal Government Act 1993inschedule 1 commence on assent.(2)The following provisions commence
immediately before therepeal of theLocal Government
Act 1993under section 289—(a)section 284;(b)the
remaining amendments of theLocal Government
Act1993in schedule
1;(c)schedule 2.(3)Chapter 9, part 1 commences on 1 July
2009.(4)The remaining provisions of the Act
commence on a day to befixed by proclamation.3Purpose of this ActThe
purpose of this Act is to provide for—Current as at
[Not applicable]Page 17
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 1 Preliminary[s 4](a)the way in which a local government is
constituted andthe nature and extent of its
responsibilities and powers;and(b)asystemoflocalgovernmentinQueenslandthatisaccountable, effective, efficient and
sustainable.Note—The system of
local government consists of a number of localgovernments.SeetheConstitutionofQueensland2001,section 70 (System of local
government).4Local government principles underpin
this Act(1)Toensurethesystemoflocalgovernmentisaccountable,effective,
efficient and sustainable, Parliament requires—(a)anyonewhoisperformingaresponsibilityunderthisAct to do so in
accordance with the local governmentprinciples;
and(b)any action that is taken under this
Act to be taken in away that—(i)is
consistent with the local government principles;and(ii)provides results
that are consistent with the localgovernment
principles, in as far as the results arewithin the
control of the person who is taking theaction.(2)Thelocal government
principlesare—(a)transparentandeffectiveprocesses,anddecision-making in the public interest;
and(b)sustainable development and management
of assets andinfrastructure, and delivery of effective
services; and(c)democraticrepresentation,socialinclusionandmeaningful community engagement; and(d)good governance of, and by, local
government; andPage 18Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2 Local governments[s
5](e)ethicalandlegalbehaviourofcouncillorsandlocalgovernment
employees.5Relationship with City of Brisbane Act
2010Although the Brisbane City Council is a
local government, theCity of Brisbane Act 2010,
rather than this Act, provides for—(a)thewayinwhichtheBrisbaneCityCouncilisconstitutedandthenatureandextentofitsresponsibilities and powers;
and(b)a system of local government in
Brisbane.Note—See theCity
of Brisbane Act 2010, section 5.6DefinitionsThe dictionary
in schedule 4 defines particular words used inthis Act.Chapter 2Local
governmentsPart 1Local
governments and theirconstitution, responsibilitiesand
powers7What this part is aboutThis
part explains—(a)what a local government is; and(b)what a local government area is;
andCurrent as at [Not applicable]Page
19
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
8](c)the responsibilities and powers of a
local government,its councillors and its employees.8Local government’s responsibility for
local governmentareas(1)Alocal governmentis an elected
body that is responsible forthe good rule
and local government of a part of Queensland.Note—This
is provided for in theConstitution of Queensland 2001,
section 71(Requirements for a local
government).(2)A part of Queensland that is governed
by a local governmentis called alocal government
area.Note—The Brisbane
City Council is the local government for the City ofBrisbane. For the local government area of
the Brisbane City Council,see theCity of Brisbane
Act 2010, section 7.(3)Alocalgovernmentareamaybedividedintoareascalleddivisions.(4)A regulation
may—(a)describe the boundaries of a local
government area; or(b)describe the boundaries of any
divisions; or(c)fix the number of councillors for a
local government andany divisions of the local government
area; or(d)name a local government area;
or(e)classify a local government area as a
city, town, shire orregion.9Powers of local governments generally(1)Alocalgovernmenthasthepowertodoanythingthatisnecessaryorconvenientforthegoodruleandlocalgovernment of
its local government area.Page 20Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2 Local governments[s
10]Note—Also, see
section 262 (Powers in support of responsibilities) for moreinformation about powers.(2)However, a local government can only
do something that theState can validly do.(3)Whenexercisingapower,alocalgovernmentmaytakeaccount of
Aboriginal tradition and Island custom.(4)A
local government may exercise its powers—(a)inside the local government area; or(b)outsidethelocalgovernmentarea(includingoutsideQueensland)—(i)with
the written approval of the Minister; or(ii)as
provided in section 10(5).(5)When a local
government is exercising a power in a place thatis
outside its local government area, the local government hasthe
same jurisdiction in the place as if the place were inside
itslocal government area.(6)Subsections (7)and(8)applyifalocalgovernmentisacomponent local government for a joint
local government.(7)Despitesubsection
(1),alocalgovernmentmaynot,withinthe
joint local government’s area, exercise a power for whichthe
joint local government has jurisdiction.(8)However, the local government may exercise
the power as adelegate of the joint local
government.10Power includes power to conduct joint
governmentactivities(1)A
local government may exercise its powers by cooperatingwith1ormoreotherlocal,StateorCommonwealthgovernments to
conduct a joint government activity.(2)Ajoint government activityincludes providing a service, oroperating a facility, that involves the
other governments.Current as at [Not applicable]Page
21
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
11](3)The cooperation with another
government may take any form,including for
example—(a)entering into an agreement; or(b)creatingajointlocalgovernmententity,orjointgovernmententity,tooverseethejointgovernmentactivity.(4)A joint government activity may be set
up for more than 1purpose.Example—Three local governments may create a joint
local government entity tomanageanaerodromethatserviceseachoftheirlocalgovernmentareas, and may
also enter into an agreement to sell water in bulk to 1 ofthe
local governments.(5)Alocalgovernmentmayexerciseapowerinanothergovernment’sareaforthepurposesofajointgovernmentactivity, in the
way agreed by the governments.(6)However, if the power is to be exercised
under a local law, thelocallawmustexpresslystatethatitappliestotheothergovernment’s
area.Note—See section 29
for more information about making local laws.11Local
governments are bodies corporate etc.A local
government—(a)is a body corporate with perpetual
succession; and(b)has a common seal; and(c)may sue and be sued in its
name.12Responsibilities of councillors(1)A councillor must represent the
current and future interests ofthe residents of
the local government area.(2)Allcouncillorsofalocalgovernmenthavethesameresponsibilities, but the mayor has some
extra responsibilities.Page 22Current as at
[Not applicable]
Local
Government Act 2009Chapter 2 Local governments[s
12]Notauthorised—indicativeonly(3)All councillors have the following
responsibilities—(a)ensuring the local government—(i)discharges its responsibilities under
this Act; and(ii)achieves its
corporate plan; and(iii)complieswithalllawsthatapplytolocalgovernments;(b)providinghighqualityleadershiptothelocalgovernment and
the community;(c)participatingincouncil meetings,policydevelopment,anddecision-making,forthebenefitofthelocalgovernment
area;(d)beingaccountabletothecommunityforthelocalgovernment’s
performance.(4)The mayor has the following extra
responsibilities—(a)leading and managing meetings of the
local governmentatwhichthemayoristhechairperson,includingmanagingtheconductoftheparticipantsatthemeetings;(b)preparing a budget to present to the local
government;(c)leading, managing, and providing
strategic direction to,the chief executive officer in order
to achieve the highquality administration of the local
government;(d)directing the chief executive officer
and senior executiveemployees, in accordance with the
local government’spolicies;(e)conductingaperformanceappraisalofthechiefexecutiveofficer,atleastannually,inthewaythatisdecided by the local government (including
as a memberof a committee, for example);(f)ensuringthatthelocalgovernmentpromptlyprovidestheMinisterwiththeinformationaboutthelocalgovernmentarea,orthelocalgovernment,thatisrequested by the Minister;Current as at [Not applicable]Page
23
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
13](g)being a member of each standing
committee of the localgovernment;(h)representing the local government at
ceremonial or civicfunctions.(5)A
councillor who is not the mayor may perform the mayor’sextraresponsibilitiesonlyifthemayordelegatestheresponsibility to the councillor.(6)When performing a responsibility, a
councillor must serve theoverall public interest of the whole
local government area.13Responsibilities
of local government employees(1)Allemployeesofalocalgovernmenthavethesameresponsibilities, but the chief executive
officer has some extraresponsibilities.(2)All
employees have the following responsibilities—(a)implementingthepoliciesandprioritiesofthelocalgovernment in a
way that promotes—(i)theeffective,efficientandeconomicalmanagement of
public resources; and(ii)excellence in
service delivery; and(iii)continual
improvement;(b)carrying out their duties in a way
that ensures the localgovernment—(i)discharges its responsibilities under this
Act; and(ii)complieswithalllawsthatapplytolocalgovernments;
and(iii)achieves its
corporate plan;(c)providingsoundandimpartialadvicetothelocalgovernment;(d)carrying out their duties impartially and
with integrity;Page 24Current as at
[Not applicable]
Local
Government Act 2009Chapter 2 Local governments[s
13]Notauthorised—indicativeonly(e)ensuringtheemployee’spersonalconductdoesnotreflectadverselyonthereputationofthelocalgovernment;(f)improvingallaspectsoftheemployee’sworkperformance;(g)observing all laws relating to their
employment;(h)observing the ethics principles under
thePublic SectorEthics Act
1994, section 4;(i)complyingwithacodeofconductunderthePublicSector Ethics
Act 1994.(3)Thechiefexecutiveofficerhasthefollowingextraresponsibilities—(a)managingthelocalgovernmentinawaythatpromotes—(i)theeffective,efficientandeconomicalmanagement of
public resources; and(ii)excellence in
service delivery; and(iii)continual
improvement;(b)managingtheotherlocalgovernmentemployeesthrough management practices that—(i)promote equal employment
opportunities; and(ii)areresponsivetothe
localgovernment’spoliciesand
priorities;(c)establishingandimplementinggoalsandpracticesinaccordance with the policies and priorities
of the localgovernment;(d)establishingandimplementingpracticesaboutaccessandequitytoensurethatmembersofthecommunityhave access
to—(i)local government programs; and(ii)appropriateavenuesforreviewinglocalgovernment decisions;Current as at
[Not applicable]Page 25
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
14](e)the safe custody of—(i)allrecordsabouttheproceedings,accountsortransactionsofthelocalgovernmentoritscommittees; and(ii)alldocumentsownedorheldbythelocalgovernment;(f)complyingwithrequestsfromcouncillorsundersection 170A—(i)for
advice to assist the councillor carry out his orher
role as a councillor; or(ii)forinformation,thatthelocalgovernmenthasaccess to, relating to the local
government.Part 2Divisions of
local governmentareas14What
this part is about(1)This part is about the number of
electors that are to be in eachdivisionofalocalgovernmentarea,toensuredemocraticrepresentation.(2)This
part does not apply to an indigenous regional council.15Division of local government
areas(1)Eachdivisionofalocalgovernmentareamusthaveareasonable proportion of
electors.(2)Areasonable
proportion of electorsis the number of electorsthat
is worked out by dividing the total number of electors inthe
local government area (as nearly as can be found out) bythenumberofcouncillors(otherthanthemayor),plusorminus—(a)foralocalgovernmentareawithmorethan10,000electors—10%; orPage 26Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2 Local governments[s
16](b)for any other local government
area—20%.Examples—1If
the total number of electors in the local government area is15,000, and the number of councillors (other
than the mayor) is 5,the reasonable proportion of electors
is 3,000 (i.e. 15,000 dividedby 5) plus or
minus 10%, i.e. between 2,700 and 3,300 electors.2If the total number of electors in the
local government area is5,000, and the number of councillors
(other than the mayor) is 5,the reasonable
proportion of electors is 1,000 (i.e. 5,000 divided by5)
plus or minus 20%, i.e. between 800 and 1,200 electors.(3)When changing the divisions of a local
government area, thereasonable proportion of electors must
be worked out as nearas practicable to the time when the
change is to happen.16Review of divisions of local
government areasA local government must, no later than 1
March in the yearbefore the year of the quadrennial
elections—(a)reviewwhethereachofitsdivisionshasareasonableproportion of
electors; and(b)give the electoral commissioner and
the Minister writtennotice of the results of the
review.Part 3Changing a local
governmentarea, name or representationDivision 1Introduction17What
this part is about(1)This part is about making a local
government change.(2)Alocal government
changeis a change of—(a)the
boundaries of a local government area; orCurrent as at
[Not applicable]Page 27
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
18](b)any divisions of a local government
area, other than theCity of Brisbane; or(c)the number of councillors for a local
government; or(d)the name of a local government area;
or(e)theclassificationofalocalgovernmentarea(fromatown
to a city, for example).(3)Insummary,theprocessformakingalocalgovernmentchange is as
follows—•assessment—the change
commission assesses whether aproposedlocalgovernmentchangeisinthepublicinterest•implementation—theGovernorinCouncilimplementsthe local
government change under a regulation.(4)Thechangecommission,whichconductstheassessmentphase of the
process, is an independent body that is createdunder this
Act.Note—See division 3
for the creation of the change commission.Division 2The
process for change18Who may start the change
processOnly the Minister may propose a local
government change tothe change commission.19Assessment(1)The
change commission is responsible for assessing whether alocal government change proposed by the
Minister is in thepublic interest.(2)In
doing so, the change commission must consider—(a)whethertheproposedlocalgovernmentchangeisconsistent with a Local Government
Act; andPage 28Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2 Local governments[s
20](b)theviewsoftheMinisterabouttheproposedlocalgovernment change; and(c)any
other matters prescribed under a regulation.(3)The
change commission mayconduct its assessment in anywaythatitconsidersappropriate,including,forexample,by—(a)asking for submissions from any local
government thatwouldbeaffectedbytheproposedlocalgovernmentchange;
or(b)holding a public hearing (in the way
set out in chapter 7,part 1) to ask the public for its
views about the proposedlocal government change.(4)However, the Minister may direct the
change commission inwritingtoconductitsassessmentoftheproposedlocalgovernment change in a particular
way.(5)Despite subsection (3), the change
commission must complywith the Minister’s direction.(6)The change commission must let the
public know the resultsof its assessment and the reasons for
the results, by publishingnotice of the results—(a)in a newspaper that is circulating
generally in the localgovernment area; and(b)in the gazette; and(c)on the electoral commission’s
website.(7)Thechangecommissionmustalsogivetheresultsofitsassessment to the Minister.(8)The change commission may recommend
that the Governor inCouncil implement the change
commission’s assessment.20Implementation(1)TheGovernorinCouncilmayimplementthechangecommission’s
recommendation under a regulation.Current as at
[Not applicable]Page 29
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
21](2)The regulation may provide for
anything that is necessary orconvenienttofacilitatetheimplementationofthelocalgovernment
change.(3)For example, the regulation may
provide for—(a)holding,postponingorcancellingalocalgovernmentelection;
or(b)thetransferofassetsandliabilitiesfromalocalgovernment to
another local government.(4)A local
government is not liable to pay a State tax in relationto a
transfer or other arrangement made to implement a localgovernment change.(5)AState taxis a tax,
charge, fee or levy imposed under an Act,other than a
duty under theDuties Act 2001.21Decisions under this division are not
subject to appealA decision of the change commission under
this division isnot subject to appeal.Note—See
section 244 for more information.Division 3The
change commission22Change commission is
established(1)TheLocalGovernmentChangeCommission(thechangecommission) is
established.(2)The change commission is made up
of—(a)the electoral commissioner; or(b)anycombinationofthefollowingpersonsthattheelectoral commissioner nominates—(i)the electoral commissioner;(ii)the deputy
electoral commissioner;Page 30Current as at
[Not applicable]
Local
Government Act 2009Chapter 2 Local governments[s
23](iii)a casual
commissioner.Notauthorised—indicativeonly23Casual commissioners(1)The Governor in Council may appoint
the number of casualcommissionersthattheGovernorinCouncilconsidersappropriate.(2)The
Governor in Council must appoint a qualified person tobe a
casual commissioner.(3)Apersonisqualifiedtobeacasualcommissioneriftheperson—(a)has—(i)extensiveknowledgeofandexperienceinlocalgovernment,publicadministration,law,publicfinance or
community affairs; or(ii)otherqualificationsandexperiencethattheGovernor in Council considers
appropriate; but(b)is not—(i)a
member of an Australian Parliament; or(ii)anomineeforelectionasamemberofanAustralian Parliament; or(iii)a councillor;
or(iv)a nominee for
election as a councillor; or(v)apersonwhohasacceptedanappointmentasacouncillor; or(vi)a
member of a political party; or(vii) apersonwhohasaconvictionforanindictableoffence that is
not an expired conviction.(4)A casual
commissioner may be appointed for a term of notlonger than 3
years.(5)Acasualcommissionerholdsofficeontheconditions(includingaboutfeesandallowances,forexample)thattheGovernor in Council decides.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2 Local governments[s
24](6)Acasualcommissionermayresignbyasignednoticeofresignation given to the
Minister.24Conflict of interests(1)This section applies if—(a)apersononthechangecommissionhasadirectorindirect financial interest in a matter
being considered,or about to be considered, by the change
commission;and(b)the interest
could conflict with the proper performanceof the person’s
responsibilities for the matter.(2)The
person must not take part, or take any further part, in theconsideration of the matter.Maximum penalty—35 penalty units.(3)As soon as practicable afterthe
person becomes aware thatthis section applies to the matter,
the person must—(a)if the person is the electoral
commissioner—direct thedeputy electoral commissioner to
constitute the changecommission in the electoral
commissioner’s place; or(b)otherwise—inform
the electoral commissioner.Maximum
penalty—35 penalty units.(4)If subsection
(3)(b) applies, the electoral commissioner musttake the
person’s place.25Annual report of change
commission(1)The electoral commissioner must
prepare a report about thechange commission’s operations during
each financial year.(2)Thereportmustincludedetailsofthefollowingdirectionsgiven to the
change commission by the Minister during thefinancial year
for which the report is prepared—(a)a
direction given under section 19(4);Page 32Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2A Joint local governments[s
25A](b)a direction given under theCity
of Brisbane Act 2010,section
21(4).(3)The electoral commissioner must give a
copy of the report totheMinister,beforetheendofthefirstOctoberafterthefinancial year.(4)Theelectoralcommissionermustincludethereportintheannualreportoftheelectoralcommission(thatispreparedunder the
Electoral Act, section 18).(5)The
electoral commissioner must ensure that the public caninspect copies of the report—(a)at the electoral commission’s office
in Brisbane; and(b)on the electoral commission’s
website.Chapter 2AJoint local
governmentsPart 1Preliminary25AWhat
this chapter is about(1)This chapter
explains what a joint local government is and itsresponsibilities and powers.Note—For other
flexible forms of cooperation between local governments, seesection 10.(2)Ajoint local governmentis
an entity that, within a joint localgovernment area,
takes over particular responsibilities from itscomponent local
governments.(3)AjointlocalgovernmentareaisapartoftheStatethatconsists of the
whole or parts of 2 or more local governmentareas of
component local governments.Current as at
[Not applicable]Page 33
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2A Joint local governments[s
25B](4)Acomponent local
governmentis a local government entitledto
be represented on a joint local government, either in its
ownright or as a member of a group of local
governments.(5)In this chapterlocal
governmentincludes the Brisbane CityCouncil.Part 2Establishment and operation ofjoint local governments25BConstitution of joint local
governments(1)Beforeestablishingajointlocalgovernment,theproposedcomponentlocalgovernmentsmustreachagreementaboutthe constitution
of the joint local government.(2)Theconstitutionof a joint local
government is a documentsetting out the following—(a)the name of the joint local
government;(b)theresponsibilitiestobetransferredtothejointlocalgovernment from its component local
governments;(c)the boundaries of the joint local
government area;(d)the number of members of the joint
local government towhich each component local government is
entitled;(e)the process for appointing
members;(f)the proportion of the cost of the
operations of the jointlocal government that must be
contributed by each of itscomponent local governments;(g)therecoveryofthecostoftheoperationsofthejointlocal
government;(h)another matter—(i)for
which it is necessary or convenient to provideforthejointlocalgovernment’sestablishmentoroperation; butPage 34Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2A Joint local governments[s
25C](ii)forwhichthisActdoesnotmakeprovisionoradequate provision.(3)The boundaries of a joint local
government area may not bebeyond the boundaries of its component
local governments.(4)Only a councillor of a component local
government may be amember of a joint local government.(5)The members of a joint local
government are not entitled toany additional
remuneration or allowances for being membersof the joint
local government.25CEstablishment of joint local
governments(1)Ajointlocalgovernmentisestablishedforanareaif2ormorelocalgovernmentsapprove,byresolution,theconstitution for the joint local
government.(2)Two or more joint local governments
may be established forthe same joint local government area,
or part of a joint localgovernment area, if the joint local
governments are to havedifferent functions.(3)Eachcomponentlocalgovernmentmustensurethepublicmay inspect or
purchase a copy of an approved constitutionforthejointlocalgovernmentatthecomponentlocalgovernment’s public office.25DJoint local governments are bodies
corporate etc.A joint local government—(a)is a body corporate with perpetual
succession; and(b)has a common seal; and(c)may sue and be sued in its
name.Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 2A Joint local governments[s
25E]25EPowers of joint local governments
generally(1)Ajointlocalgovernmenthasthesamepowersasalocalgovernment to do anything that is necessary
or convenient forperforming its responsibilities.Notes—1For
the powers of a local government, see sections 9 and 262.2A joint local government only has the
responsibilities given to it byitscomponentlocalgovernmentsunderitsconstitution.Seesection 25B(2).(2)Inexercisingapowerundersubsection (1),ajointlocalgovernment has the same limitations and
obligations that itscomponentlocalgovernmentswouldhaveunderthisoranother Act in exercising the power.Example—Ifacomponentlocalgovernmentmustcomplywithparticularrequirements
before exercising a power under an Act, a joint localgovernment must also comply with the
requirements before exercisingthe same
power.(3)Forthepurposeofsubsections (1)and(2),areferencetoalocal government in this or another
Act is taken to include areference to a joint local
government.(4)A joint local government may exercise
its powers in its ownname.25FRestriction on power to make or levy rates
and charges(1)A joint local government can not make
or levy any rates orcharges on land.(2)A
component local government of a joint local governmentmaymakeorlevyratesandchargesonlandforamatterwithin its
jurisdiction, even though—(a)the land is
within the joint local government’s area; and(b)the
purpose for the rates or charges relates to a matterwithin the joint local government’s
jurisdiction.Page 36Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 2A Joint local governments[s
25G]25GLimitation on powers of a component
local government(1)A component local government may not,
within a joint localgovernment area, exercise a power for
which the joint localgovernment has jurisdiction.(2)However, the component local
government may exercise thepower as a
delegate of the joint local government.25HChairperson and deputy chairpersonAjointlocalgovernmentmustappointachairpersonanddeputy chairperson from its members, by
resolution, at—(a)the first meeting of the joint local
government; and(b)at its first meeting after each
quadrennial election afterthe meeting mentioned in paragraph
(a).25IDisbursement from operating fund of
joint localgovernment for purposes other than
exclusivejurisdiction(1)A
joint local government may make a disbursement from itsoperating fund for any purpose that—(a)is not within the exclusive
jurisdiction of the joint localgovernment;
but(b)iswithinthejurisdictionofitscomponentlocalgovernments.(2)However, the disbursement may be made only
if—(a)thejointlocalgovernmenthas,byresolution,decidedtheamountofthedisbursementisnotrequiredforexercising its exclusive jurisdiction;
and(b)the component local governments
approve the purposefor which the disbursement is to be
made.(3)The approval may be given for the
purpose for disbursementsin more than 1 financial year.(4)A disbursement under this section may
be made—Current as at [Not applicable]Page
37
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 25J](a)to a
component local government or another entity; or(b)directly by the joint local
government.25JWinding up joint local
governments(1)A joint local government may, by
resolution, decide to windup the joint local government.(2)If a joint local government acts under
subsection (1), the jointlocal government must cease to carry
out activities except sofar as is required for winding up the
joint local government.Chapter 3The business of
localgovernmentsPart 1Local lawsDivision 1Introduction26What
this part is about(1)This part is about local laws.(2)Alocal lawis a
law made by a local government.(3)Unless there is a contrary intention, a
reference in this Act to alocal lawincludes a
reference to—(a)an interim local law; and(b)a subordinate local law; and(c)a local law that incorporates a model
local law.(4)Aninterim local
lawis a local law that has effect for 6
monthsor less.Page 38Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 27](5)Asubordinate local lawis a
local law that—(a)is made under a power contained in a
local law; and(b)provides for the detailed
implementation of the broaderprinciples
contained in the local law.(6)A
subordinate local law is called that because it is
subordinateto the local law under which it is made, so
that if there is anyinconsistency between the subordinate
local law and the locallaw, the local law prevails to the
extent of the inconsistency.(7)The
Minister may approve, by gazette notice, a local law asbeing suitable for incorporation by all
local governments intotheir local laws.(8)This
type of local law is amodel local law.27Interaction with State lawsIf
there is any inconsistency between a local law and a lawmade
by the State, the law made by the State prevails to theextent of the inconsistency.Division 2Making,
recording and reviewinglocal laws28Power
to make a local law(1)A local government may make and
enforce any local law thatisnecessaryorconvenientforthegoodruleandlocalgovernment of
its local government area.(2)However, a local
government must not make a local law—(a)thatsetsapenaltyofmorethan850penaltyunitsforeach conviction of failing to comply
with a local law,includingeachconvictionwhenthereismorethan1conviction for a continuing offence or
repeat offence; or(b)thatpurportstostopalocallawbeingamendedorrepealed in the future; orCurrent as at [Not applicable]Page
39
Local
Government Act 2009Chapter 3 The business of local
governments[s 29](c)about a subject that is prohibited under
division 3.Notauthorised—indicativeonly29Local law making
process(1)A local government may decide its own
process for making alocal law to the extent that the
process is not inconsistent withthis
part.(2)A local government makes a local law
by passing a resolutionto make the local law.(3)If a local government proposes to make
a local law about amatter (thenew local
law) and there is an existing local lawabout the same matter that would be
inconsistent with the newlocallaw,thelocalgovernmentmustamendorrepealtheexisting local law so that there is no
inconsistency.Note—Thenewlocallawmayincludetheamendmentorrepealoftheinconsistent law in the same
instrument.(4)An interim local law must include a
provision stating whenthe law expires.(5)A
local government must ensure its local laws are drafted incompliancewiththeguidelinesissuedbytheParliamentaryCounsel under
theLegislative Standards Act 1992,
section 9for local laws and subordinate local
laws.(6)To remove any doubt, it is declared
that a local governmentdoesnothavetocarryoutanypublicconsultationbeforemaking either of the following—(a)an interim local law;(b)a local law that only incorporates a
model local law anddoes not contain an anti-competitive
provision.29AState interest check(1)This section applies if a local
government proposes to make alocal law other
than the following—(a)a local law that incorporates a model
local law;Page 40Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 29B](b)a
subordinate local law.(2)However,thissectionalsoappliestoalocallawthatincorporates a
model local law if the local law includes morethan—(a)the model local law; or(b)any amendment or repeal of an existing
local law thatwould be inconsistent with the model local
law.(3)Alocalgovernmentmustconsultwithrelevantgovernmententities about
the overall State interest in the proposed locallaw
before making the local law.29BPublication of local laws(1)A local government must let the public
know that a local lawhasbeenmadebythelocalgovernment,bypublishinganotice of making the local law—(a)in the gazette; and(b)on the local government’s
website.(2)Thenoticemustbepublishedwithin1monthafterthedaywhen the local
government made the resolution to make thelocal
law.(3)The notice in the gazette must
state—(a)the name of the local government;
and(b)the date when the local government
made the resolutionto make the local law; and(c)the name of the local law; and(d)the name of any existing local law
that was amended orrepealed by the new local law.(4)The notice on the local government’s
website must state—(a)the name of the local government;
and(b)the date when the local government
made the resolutionto make the local law; andCurrent as at [Not applicable]Page
41
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 30](c)the
name of the local law; and(d)the name of any
existing local law that was amended orrepealed by the
new local law; and(e)ifthelocallawincorporatesamodellocallaw—thatfact; and(f)if the local law is an interim local
law—that fact, and thedate on which the interim local law
expires; and(g)if the local law is a subordinate
local law—the name ofthe local law that authorises the
subordinate local law tobe made; and(h)the
purpose and general effect of the local law; and(i)if the local law contains an
anti-competitive provision—that fact;
and(j)that a copy of the local law may
be—(i)inspected and purchased at the local
government’spublic office; and(ii)viewed by the public on the department’s
website.(5)Assoonaspracticableafterthenoticeispublishedinthegazette, the local government must
ensure a copy of the locallaw may be inspected and purchased by
the public at the localgovernment’s public office.(6)A copy of a local law must cost no
more than the cost to thelocal government of making the copy
available for purchase.(7)Within 14 days
after the notice is published in the gazette, thelocal government must give the
Minister—(a)a copy of the notice; and(b)a copy of the local law in electronic
form.30Expiry of interim local law revives
previous law(1)This section applies if—(a)an interim local law amends or repeals
a local law; andPage 42Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 31](b)the
interim local law expires; and(c)the
interim local law is not made (either with or withoutchange) as a local law.(2)When
the interim local law expires—(a)the
local law is revived in its previous form; and(b)any
subordinate local law or provision of a subordinatelocal law, that stopped having effect
because the locallaw was amended or repealed, is revived in
its previousform.(3)Theprevious formof a local law,
subordinate local law, orprovisionofasubordinatelocallawistheformitwasinimmediately
before the interim local law commenced.(4)This
section does not affect anything that was done or sufferedunder the interim local law before it
expired.(5)This section applies despite
theActs Interpretation Act 1954,section 19.31Local
law register(1)A local government must keep a
register of its local laws, inthe way that is
required under a regulation.(2)The
public may inspect the register at the local government’spublic office.(3)The
department’s chief executive must keep a database of alllocalgovernments’locallawsandensureacopyofthedatabase may be viewed by the public
on its website.32Consolidated versions of local
laws(1)Alocalgovernmentmayprepareandadoptaconsolidatedversion of a
local law.(2)Aconsolidatedversionofalocallawisadocumentthataccurately combines a local government’s
local law, as it wasoriginally made, with all the
amendments made to the locallaw since the
local law was originally made.Current as at
[Not applicable]Page 43
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 34](3)When
the local government adopts the consolidated version ofthe
local law, the consolidated version is taken to be the locallaw,
in the absence of evidence to the contrary.(4)Within7daysafterthelocalgovernmentadoptstheconsolidatedversionofthelocallaw,thelocalgovernmentmust give a copy
of the consolidated version to the Minister.Division 3Local laws that can not be made34What this division is aboutThisdivisionspecifiesthesubjectsthatalocalgovernmentmust not make a
local law about.35Network connections(1)A local government must not make a
local law that regulatesnetwork connections.(2)Anetworkconnectionisaninstallationthathasthesolepurpose of connecting a home or other
structure to an existingtelecommunications network.(3)A local law, to the extent that it is
contrary to this section, hasno
effect.36Election advertising(1)A local government must not make a
local law that—(a)prohibitsorregulatesthedistributionofhow-to-votecards; or(b)prohibits the placement of election
signs or posters.(2)Ahow-to-votecardincludesahow-to-votecardundertheElectoral Act.(3)Anelection sign or posteris a
sign or poster that is able, or isintended,
to—Page 44Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 37](a)influenceapersonaboutvotingatanygovernmentelection;
or(b)affect the result of any government
election.(4)Agovernmentelectionisanelectionforalocal,StateorCommonwealth government.(5)A
local law, to the extent that it is contrary to this section,
hasno effect.37Development processes(1)A
local government must not make a local law that establishesan
alternative development process.(2)Analternativedevelopmentprocessisaprocessthatissimilartoorduplicatesallorpartofthedevelopmentassessment
process under the Planning Act.(3)However,ifalocallawalreadycontainsaprovisionthatestablishesanalternativedevelopmentprocess,thecouncilmay amend or
repeal the provision at any time.(4)A
local law has no effect to the extent that it is contrary to
thissection.(5)This
section does not apply to a local government’s local lawaboutanyofthefollowingmattersunlessthematteriscoveredbythelocalgovernment’splanningscheme,thePlanning Act or another instrument made
under that Act—(a)advertising devices;(b)gates and grids;(c)roadside dining.38Anti-competitive provisions(1)A local government must not make a
local law that containsan anti-competitive provision unless
the local government hascompliedwiththeproceduresprescribedunderaregulationfor the review
of anti-competitive provisions.Current as at
[Not applicable]Page 45
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 38AA](2)A
local law, to the extent that it is contrary to this section,
hasno effect.(3)This
section does not apply to an interim local law.38AASwimming pool safety(1)Alocalgovernmentmustnotmakealocallawthatregulates—(a)theconstructionormaintenanceofbarriersforaregulated pool; or(b)amatterforensuringthesafetyofpersonsusingaregulated pool and prescribed under
the Building Act,section 231D(1),definitionpoolsafetystandard,paragraph (b).(2)If a
local law that is in force before the commencement of thissection contains a provision that regulates
a matter mentionedin subsection (1), the local
government—(a)must not amend the provision after the
commencement;and(b)must repeal the
provision by 1 January 2017.(3)A
local law, to the extent that it is contrary to this section,
hasno effect.(4)In
this section—barriers, for a
regulated pool, includes any of the following—(a)the
fencing for the pool;(b)the walls of a
building enclosing the pool;(c)another form of barrier mentioned or
provided for in thepool safety standard under the Building
Act.Page 46Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 4Local Government
Act 2009Chapter 3 The business of local
governments[s 38AB]Action by the
Minister aboutparticular local laws38ABSuspending or revoking particular local
laws(1)This section applies if the Minister
reasonably believes a locallaw—(a)is contrary to any other law;
or(b)is inconsistent with the local
government principles; or(c)doesnotsatisfactorilydealwiththeoverallStateinterest.(2)The
Minister, by gazette notice, may—(a)suspend the local law, for a stated period
or indefinitely;or(b)revoke the local
law.(3)The gazette notice must state—(a)howthelocallawiscontrarytoanotherlaw,isinconsistentwiththelocalgovernmentprinciplesordoesnotsatisfactorilydealwiththeoverallStateinterest; and(b)if
the local law has been suspended—how the local lawmay
be amended so that it—(i)is no longer
contrary to the other law; or(ii)is
no longer inconsistent with the local governmentprinciples; or(iii)satisfactorily deals with the overall State
interest.(4)If the Minister suspends a local law,
the local law stops havingeffect for the period stated in the
gazette notice.(5)If the Minister revokes the local
law—(a)the local law stops having effect on
the day stated in thegazette notice; orCurrent as at
[Not applicable]Page 47
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 38A](b)if
no day is stated in the gazette notice—the local law istaken to never have had effect.(6)The State is not liable for any loss
or expense incurred by aperson because a local law is
suspended or revoked under thissection.(7)A decision of the Minister under this
section is not subject toappeal.Note—See
section 244 for more information.Division 5Miscellaneous38ALocal
law about seizing and disposing of personalproperty(1)This section applies if—(a)a local government has made a local
law about seizingand disposing of personal property;
and(b)personal property is seized under the
local law.(2)If the personal property is sold or
disposed of, the proceeds ofsale or disposal
must be applied in the following order—(a)inpaymentofthereasonableexpensesincurredinselling or disposing of the property;(b)in payment of the prescribed fee for
seizing and holdingthe property;(c)if
there is an amount owing to an entity under a securityinterestregisteredforthepropertyunderthePersonalPropertySecuritiesAct2009(Cwlth)—inpaymentofthe amount owing under the security
interest;(d)the balance to the owner of the
property.(3)A secured party can not enforce any
security interest in theproceedsofsaleordisposalagainstanentitytowhomanamount is payable under subsection (2)(a) or
(b).Page 48Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 38B](4)In
this section—personalpropertyhasthemeaninggivenbythePersonalProperty
Securities Act 2009(Cwlth), section 10.secured
partyhas the meaning given by thePersonal PropertySecurities Act
2009(Cwlth), section 10.38BOwners’ liability for party houses(1)Alocalgovernmentmaymakealocallawthatmakestheowner of a residential property liable
to a penalty because ofexcessive noise regularly emitted from
the property.(2)Theownerof a
residential property includes a tenant if thetenanthasarightofexclusiveoccupationofthepropertyunder a
lease.(3)Aresidentialpropertyisapropertyofatypethatwouldordinarilybeused,orisintendedtobeused,asaplaceofresidence or mainly as a place of
residence.(4)To remove any doubt, it is declared
that—(a)the local law may fix the number of
times that excessivenoise must be emitted from a property
before the ownerbecomes liable to the penalty; and(b)apropertyisnotprecludedfrombeingaresidentialpropertymerelybecausethepropertyisrentedonashort-term basis.(5)In a
proceeding about a contravention of the local law—(a)anoiseabatementdirectiongiventoapersonatapropertyisevidenceofexcessivenoisebeingemittedfrom
the property; and(b)acopyofinformationrecordedintheregisterofenforcementactsunderthePolicePowersandResponsibilitiesAct2000aboutthegivingofanoiseabatement
direction is evidence of the matters stated init.Current as at [Not applicable]Page
49
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 39](6)Anoise abatement directionis a
direction given to a personbyapoliceofficerunderthePolicePowersandResponsibilities Act 2000,
section 581(3).(7)Despite subsection (5), a defendant
may, with the leave of thecourt, require the prosecution to call
any person involved inthe giving of the noise abatement
direction to give evidence atthe
hearing.(8)The court may give leave only if the
court is satisfied that—(a)an irregularity
may exist in relation to the information orthe giving of
the noise abatement direction; or(b)it
is in the interests of justice that the person be called togive
evidence.(9)The chief executive officer may ask
the police commissionertogivethechiefexecutiveofficerinformationaboutnoiseabatement
directions given to persons in the local governmentarea.(10)The
police commissioner must comply with the request.Part
2Beneficial enterprises andbusiness activitiesDivision 1Beneficial enterprises39What
this division is about(1)This division is
about beneficial enterprises that are conductedby a local
government.(2)Thisdivisiondoesnotapplytoabusinessunitofalocalgovernment.(3)Abeneficialenterpriseisanenterprisethatalocalgovernmentconsidersisdirectedtobenefiting,andcanreasonablybeexpectedtobenefit,thewholeorpartofitslocal government area.Page
50Current as at [Not applicable]
Local
Government Act 2009Chapter 3 The business of local
governments[s 40](4)Alocalgovernmentisconductingabeneficialenterpriseifthe
local government is engaging in, or helping, the beneficialenterprise.Notauthorised—indicativeonly40Conducting beneficial
enterprises(1)A local government may conduct a
beneficial enterprise.(2)To conduct the
beneficial enterprise, the local government—(a)may
participate with an association, other than by beingan
unlimited partner of a partnership; and(b)mustnot,eitherdirectlyorbyparticipatingwithanassociation,participatewithanunlimitedcorporation;and(c)must not enter into an agreement that
does not limit theliability of the local government, as
between the partiesto the agreement, to the amount committed by
the localgovernment under the agreement.Note—Under theStatutory Bodies Financial Arrangements Act
1982, a localgovernment may
need the Treasurer’s approval before entering intoparticular financial arrangements.(3)Anassociationis—(a)a partnership; or(b)a
corporation limited by shares but not listed on a stockexchange; or(c)acorporationlimitedbyguaranteebutnotlistedonastock exchange; or(d)another association of persons that is not a
corporation.(4)Anunlimitedcorporationmeansacorporationwhosemembers have no limit placed on their
liability.(5)Alocalgovernmentparticipateswithanassociationorunlimited corporation if the local
government—(a)forms,ortakespartinforming,anassociationorunlimited corporation; orCurrent as at [Not applicable]Page
51
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 41](b)becomesamemberofanassociationorunlimitedcorporation;
or(c)takespartinthemanagementofanassociationorunlimited corporation; or(d)acquires or disposes of shares,
debentures or securitiesof an association or unlimited
corporation.41Identifying beneficial
enterprisesAlocalgovernment’sannualreportforeachfinancialyearmustcontainalistofallthebeneficialenterprisesthatthelocal government conducted during the
financial year.Division 2Business reform,
includingcompetitive neutrality43What
this division is about(1)ThisdivisionisabouttheapplicationoftheNationalCompetition
Policy Agreements in relation to the significantbusiness activities of a local
government.(2)Thisincludestheapplicationofthecompetitiveneutralityprinciple if, in
the circumstances, the public benefit (in termsofservicequalityandcost)outweighsthecostsofimplementation.(3)Underthecompetitive neutralityprinciple,anentitythatisconducting a business activity in
competition with the privatesector should
not enjoy a net advantage over competitors onlybecause the
entity is in the public sector.(4)Asignificant business activityis a
business activity of a localgovernment
that—(a)isconductedincompetition,orpotentialcompetition,withtheprivatesector(includingoff-streetparking,quarries, sporting facilities, for example);
and(b)meets the threshold prescribed under a
regulation.Page 52Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 44](5)However,asignificantbusinessactivitydoesnotincludeabusiness activity that is—(a)a building certifying activity;
or(b)a roads activity; or(c)related to the provision of library
services.Note—Abuildingcertifyingactivityorroadsactivityisdealtwithundersection
47.44Ways to apply the competitive
neutrality principle(1)The competitive
neutrality principle may be applied by—(a)commercialisation of a significant business
activity; or(b)full cost pricing of a significant
business activity.(2)Commercialisationinvolves
creating a new business unit, thatispartofthelocalgovernment,toconductthesignificantbusiness
activity on a commercial basis.(3)Fullcostpricinginvolvespricingthesignificantbusinessactivityonacommercialbasis,butwithoutcreatinganewbusiness
unit.(4)A regulation may provide for—(a)mattersrelatingtocommercialisationorfullcostpricing; or(b)anyothermatterrelatingtotheapplicationofthecompetitiveneutralityprincipletothesignificantbusiness
activities of a local government.45Identifying significant business
activitiesAlocalgovernment’sannualreportforeachfinancialyearmust—(a)contain a list of all the business
activities that the localgovernment conducted during the
financial year; andCurrent as at [Not applicable]Page
53
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 46](b)identifythebusinessactivitiesthataresignificantbusiness
activities; and(c)state whether or not the competitive
neutrality principlewas applied to the significant
business activities, and ifthe principle
was not applied, the reason why it was notapplied;
and(d)statewhetheranyofthesignificantbusinessactivitieswere not
conducted in the preceding financial year, i.e.whether there
are any new significant business activities.46Assessing public benefit(1)This
section applies to a new significant business activity thatis
identified in the annual report of a local government.(2)Thelocalgovernmentmustconductapublicbenefitassessment of the new significant business
activity.(3)Apublic benefit
assessmentis an assessment of whether thebenefit to the public (in terms of service
quality and cost) ofapplying the competitive neutrality
principle in relation to asignificant business activity
outweighs the costs of applyingthe competitive
neutrality principle.(4)Thelocalgovernmentmustconductthepublicbenefitassessment before the end of the financial
year in which thesignificantbusinessactivityisfirstidentifiedintheannualreport.(5)Thelocalgovernmentmustprepareareportonthepublicbenefitassessmentthatcontainsitsrecommendationsabouttheapplicationofthecompetitiveneutralityprincipleinrelation to the significant business
activity.(6)At a meeting of the local government,
the local governmentmust—(a)consider the report; and(b)decide,byresolution,whetherornottoapplythecompetitiveneutralityprincipleinrelationtothesignificant business activity.Page
54Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 47](7)Any
resolution that the competitive neutrality principle shouldnot
be applied must include a statement of the reasons why itshould not be applied.(8)The
local government must give the Minister a copy of—(a)the report; and(b)all
resolutions made in relation to the report.(9)If
the local government decides not to apply the competitiveneutralityprincipleinrelationtothesignificantbusinessactivity,thelocalgovernmentmust,within3yearsaftermaking the decision, repeat the process in
this section.(10)Subsection (9)
also applies to a decision that was made beforethe commencement
of this section.47Code of competitive conduct(1)This section is about the code of
competitive conduct.(2)Thecode
of competitive conductis the code of competitiveconduct prescribed under a
regulation.(3)Alocalgovernmentmustapplythecodeofcompetitiveconduct to the
conduct of the following business activities ofthe local
government—(a)a building certifying activity;(b)aroadsactivity,otherthanaroadsactivityforwhichbusinessisconductedonlythroughasolesupplierarrangement.(4)Abuilding certifying activityis a
business activity that—(a)involvesperformingbuildingcertifyingfunctions(withinthemeaningoftheBuildingAct,section 10);and(b)is prescribed under a
regulation.(5)Aroads
activityis a business activity (other than a
businessactivity prescribed under a regulation) that
involves—Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 48](a)constructing or maintaining a
State-controlled road, thatthe State put
out to competitive tender; or(b)submitting a competitive tender in relation
to—(i)constructingormaintainingaroadinthelocalgovernment area,
that the local government put outto competitive
tender; or(ii)constructing or
maintaining a road in another localgovernment area,
that the other local governmentput out to
competitive tender.(6)Thelocalgovernmentmuststarttoapplythecodeofcompetitive conduct—(a)for
a building certifying activity—from the start of thefinancialyearafterthefinancialyearinwhichthebuilding certifying activity is first
conducted; or(b)for a roads activity—from when the
roads activity is firstconducted.(7)Alocalgovernmentmustdecideeachfinancialyear,byresolution,whetherornottoapplythecodeofcompetitiveconduct to a
business activity prescribed under a regulation.(8)Ifthelocalgovernmentdecidesnottoapplythecodeofcompetitiveconducttothebusinessactivity,theresolutionmust state
reasons for not doing so.(9)Subsection
(7)doesnotpreventthelocalgovernmentfromapplyingthecodeofcompetitiveconducttoanyotherbusiness activities.48Competitive neutrality complaints(1)Alocalgovernmentmustadoptaprocessforresolvingcompetitive
neutrality complaints.(2)Acompetitive neutrality complaintis a
complaint that—(a)relates to the failure of a local
government to conduct abusinessactivityinaccordancewiththecompetitiveneutrality
principle; andPage 56Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 59](b)is
made by an affected person.(3)Anaffected personis—(a)a person who—(i)competes with the local government in
relation tothe business activity; and(ii)claimstobeadverselyaffectedbyacompetitiveadvantage that
the person alleges is enjoyed by thelocal
government; or(b)a person who—(i)wantstocompetewiththelocalgovernmentinrelation to the business activity;
and(ii)claimstobehinderedfromdoingsobyacompetitiveadvantagethatthepersonallegesisenjoyed by the local
government.(4)Aregulationmayprovidefortheprocessforresolvingcompetitive
neutrality complaints.(5)Alocalgovernmentdoesnothavetoresolveacompetitiveneutrality
complaint relating to a business activity prescribedunder a regulation.Part 3Roads and other infrastructureDivision 1Roads59What this division is about(1)This division is about roads.(2)Aroadis—(a)an area of land
that is dedicated to public use as a road;or(b)an area of land that—Current as at [Not applicable]Page
57
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 60](i)is
developed for, or has as 1 of its main uses, thedriving or riding of motor vehicles;
and(ii)is open to, or
used by, the public; or(c)a footpath or
bicycle path; or(d)a bridge, culvert, ford, tunnel or
viaduct.(3)However, aroaddoes
not include—(a)a State-controlled road; or(b)a public thoroughfare easement.60Control of roads(1)Alocalgovernmenthascontrolofallroadsinitslocalgovernment
area.(2)This control includes being able
to—(a)survey and resurvey roads; and(b)construct, maintain and improve roads;
and(c)approve the naming and numbering of
private roads; and(d)name and number other roads;
and(e)makealocallawtoregulatetheuseofroads,including—(i)themovementoftrafficonroads,subjecttotheTransport
Operations (Road Use Management) Act1995;
and(ii)theparkingofvehiclesonroads,subjecttotheTransport
Operations (Road Use Management) Act1995(including the maximum time that a
vehiclemay be parked in a designated rest area that
adjoinsa road, for example); and(iii)by imposing
obligations on the owner of land thatadjoins a road
(including an obligation to fence thelandtopreventanimalsgoingontheroad,forexample); andPage 58Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 61](f)makealocallawtoregulatetheconstruction,maintenance and
use of—(i)public utilities along, in, over or
under roads; and(ii)ancillary works
and encroachments along, in, overor under roads;
and(g)realign a road in order to widen the
road; and(h)acquire land for use as a road.(3)Nothing in subsection (1) makes a
local government liable fortheconstruction,maintenanceorimprovementofaprivateroad.(4)Aprivate
roadis a road over land that is owned by a
personwho may lawfully exclude other persons from
using the road.61Notice of intention to acquire land to
widen a road(1)If a local government wants to acquire
land in order to widena road, the local government must give
the owner of the land anotice of intention to acquire
land.(2)Anotice of
intention to acquire landinforms the owner ingeneral terms of this section and section
62.(3)However, a local government can not,
without the consent ofthe Planning and Environment Court,
serve notice of intentiontoacquirelandonanowneroflandaftertheownerhasapplied to the local government—(a)for approval to subdivide the land;
or(b)for approval, consent or
permission—(i)to erect or use a structure on the
land; or(ii)to use the land
for any other purpose.(4)The court may
consent to the notice ofintention toacquireland
being served only if the court is satisfied that the purposeofthenoticeistoenablethelocalgovernmenttomake,ingood
faith, a reasonable widening of the road.Current as at
[Not applicable]Page 59
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 62](5)After a local government gives an owner a
notice of intentiontoacquireland,theownermustnoterect,place,re-erect,replace or
repair any structure, or part of a structure, on theland
without the local government’s permission.(6)Thelocalgovernmentmustlodgeacopyofanoticeofintentiontoacquirelandwiththeregistraroftitlesforregistration on the instrument of title to
the land.(7)The registrar of titles may register
the notice of intention toacquire land even if the instrument of
title is not produced.62Compensation for
a notice of intention to acquire land(1)This
section applies to a person who is served with a notice ofintention to acquire land, if the person
would be entitled toclaim compensation for the acquisition
of land.(2)Thepersonisentitledtocompensationfromthelocalgovernment for
injurious affection to the person’s interest inthe land because
of the notice of intention to acquire land.(3)However, the compensation is not payable
until—(a)thelandissoldforthefirsttimeafterthenoticeofintention to acquire land was served;
or(b)after being served with the notice of
intention to acquireland, the owner of the land offers the
land for sale ingoodfaith,butcannotsellthelandforafairandreasonable price.(4)Thecompensationmustbeassessedinaccordancewiththefollowing principles—(a)theamountofcompensationmustrepresentthedifference between—(i)themarketvalueoftheinterestinthelandimmediately after service of the notice of
intentionto acquire land; and(ii)what
would be the market value of the interest intheland,atthattime,ifthenoticehadnotbeenserved;Page 60Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 63](b)any
benefit that may accrue, because of the realignmentof
the road, to land adjacent to the land that is affectedbytherealignmentoftheroad,andinwhichtheclaimant has an interest, must be taken into
account;(c)theamountofcompensationmustnotbeincreasedbecause the land that is affected by the
realignment ofthe road has, since the service of the
notice of intentionto acquire land, become or ceased to be
separate fromother land.(5)A
claim for compensation must be made—(a)within3yearsaftertheentitlementtocompensationarose;
and(b)to the chief executive officer in the
approved form.(6)Theclaimistakentohavebeenproperlymadewhentheclaimant has given the local government all
the informationthatthelocalgovernmentreasonablyrequirestodecidetheclaim.(7)If,within30daysaftertheclaimismade,thelocalgovernment has
not given the claimant written notice of itsdecision on the
claim, the local government is taken to haverefused
compensation on the 31st day after the claim is made.63Appeal on a claim for
compensation(1)Apersonwhoisaggrievedbythedecisionofalocalgovernment on a claim for compensation may
appeal againstthe decision to the Land Court.(2)The appeal must be started within 30
days after—(a)notice of the decision is given to the
claimant; or(b)the decision is taken to have been
made.(3)However, the Land Court may extend the
period if satisfied inall the circumstances that it is
reasonable to do so.(4)Inordertoawardcompensation,theLandCourtmustbesatisfied—Current as at
[Not applicable]Page 61
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 64](a)if
the land has been sold—(i)thesellertookreasonablestepstoobtainareasonable price for the land; and(ii)the seller sold
the land in good faith; and(iii)thesalepriceislessthanthesellermightreasonably have expected to receive had
there beenno notice of intention to acquire land;
or(b)if a local government refused the
owner permission toerect, place, re-erect, replace or repair
any structure, orpartofastructure,ontheland—thepermissionwasapplied for in good faith.64Acquisition of land instead of
compensation(1)After a notice of intention to acquire
land is served, but beforethe land is sold, the local government
may acquire the landinstead of paying compensation for
injurious affection.(2)If, after a
notice of intention to acquire land is served, the landis
cleared of all structures—(a)the local
government may acquire the land; and(b)ifrequiredbytheowneroftheland,thelocalgovernment must
acquire the land.(3)The acquired land must be dedicated
for public use as a roadwithin 3 months after its
acquisition.(4)Compensationfortheacquisitionoftheland,ifnotagreedbetweentheparties,mustbeassessedasatthedateoftheacquisition.65What
is to happen if a realignment is not carried out(1)Thissectionappliesifalocalgovernmentdecidesnottoproceed with the
realignment of a road or part of a road aftergiving a notice
of intention to acquire land.(2)This
section does not apply to a realignment of road that isnecessarytocomplywiththerequirementsofalocalPage 62Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 66]governmentunderaplanningschemeinitsapplicationtoparticular developments in the local
government area.(3)The local government must serve notice
of its decision not toproceed on all owners of land who were
served with a noticeofintentiontoacquirelandinconnectionwiththatroadorpart of that road.(4)With
regard to any of the notices of intention to acquire landthat
were lodged with the registrar of titles in connection withthat
road or part of that road, the local government must—(a)for any notice of intention to acquire
land that has notbeenregistered—withdrawthenoticeofintentiontoacquire land; and(b)for
any notice of intention to acquire land that has beenregistered—lodgewiththeregistraroftitlesforregistration a notice of its decision not to
proceed withthe realignment of the road, or part of the
road.(5)The notice of the local government’s
decision must inform theowners in general terms of this
section and section 66.66Compensation if
realignment not carried out(1)This
section applies if—(a)alocalgovernmentdecidesnottoproceedwiththerealignmentofaroadorpartofaroadaftergivinganotice of intention to acquire land;
and(b)structuralimprovementshavebeenmadeonlandthatadjoinstheroadonthebasisoftheproposedrealignment
being effected.(2)Thelocalgovernmentmustpaytheownerofthelandreasonable compensation for the decrease in
value of the landbecause of the decision.(3)Theamountofcompensationisthedifferencebetweenthevalue of the land before and after the
decision.Current as at [Not applicable]Page
63
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 67](4)Ifthelocalgovernmentandtheownerfailtoagreeontheamount of compensation, the amount is
to be decided by theLand Court.(5)The
provisions of theAcquisition of Land Act 1967about themaking, hearing
and deciding of claims for compensation forland taken under
that Act apply, with any necessary changesand any changes
prescribed under a regulation, to claims forcompensation
under this section.(6)Thelocalgovernment’sdecisionnottoproceedwiththerealignment of a road, or part of a road,
does not give rise toan entitlement to compensation to, or
a cause of action by, anyowner or occupier of land or other
person other than underthis section.67Acquiring land for use as a footpath(1)A local government may acquire land
that adjoins a road foruse as a footpath.(2)Theacquisitionoflandmaybesubjecttoareservation,infavour of the owner of the land, of any of
the following rightsthatthelocalgovernmentdecides(atorbeforetheacquisition) is appropriate—(a)a right to the ownership, possession,
occupation and useof any existing structure, room or
cellar—(i)ataspecifiedheightabovethelevelofthenewfootpath;
or(ii)ataspecifieddepthbelowthelevelofthenewfootpath;(b)a right—(i)to
erect a structure (in accordance with law) at aspecified height
above the new footpath; and(ii)to
the ownership, possession, occupation and useof the
structure;(c)a right of support for a structure
mentioned in paragraph(a) or (b).Page 64Current as at [Not applicable]
Local
Government Act 2009Chapter 3 The business of local
governments[s 68](3)The
right mentioned in subsection (2)(a) is subject to the localgovernment’s right to enter, and make
structural alterations to,thestructure,roomorcellarthatthelocalgovernmentconsiders
necessary.Notauthorised—indicativeonly68Notice to local government of opening
or closing of roads(1)This section applies if an application
is made under the LandAct for the opening or closing of a
road in a local governmentarea by someone other than the local
government.(2)The Land Act Minister, or the
applicant for the application,mustgivewrittennoticeoftheapplicationtothelocalgovernment.(3)TheLand Act Ministeris the Minister
administering the LandAct.(4)Thenoticemustspecifyadate(noearlierthan1monthorlaterthan2monthsafterthelocalgovernmentisgiventhenotice) on or before which the local
government may object tothe opening or closing of the
road.(5)An objection must fully state the
reasons for the objection.(6)TheLandActMinistermusthaveregardtoanyobjectionsproperly made by
the local government.(7)If the Land Act
Minister decides the road should be opened orclosed, the Land
Act Minister must give written notice to thelocal
government—(a)of the decision; and(b)ifthedecisioniscontrarytothelocalgovernment’sobjection, the
reasons for the decision.69Closing
roads(1)Alocalgovernmentmayclosearoad(permanentlyortemporarily)toalltraffic,ortrafficofaparticularclass,ifthere is another road or route
reasonably available for use bythe
traffic.Current as at [Not applicable]Page
65
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 70](2)Also, the local government may close a road
to all traffic ortraffic of a particular class—(a)during a temporary obstruction to
traffic; or(b)if it is in the interests of public
safety; or(c)ifitisnecessaryordesirabletoclosetheroadforatemporary purpose (including a fair,
for example).(3)The local government must publish
notice of the closing oftheroad,inthewaythatthelocalgovernmentconsidersappropriate (including on its website, for
example).(4)Thelocalgovernmentmaydoeverythingnecessarytostoptraffic using
the road after it is closed.(5)If a
road is closed to traffic for a temporary purpose, the localgovernmentmaypermittheuseofanypartoftheroad(including for
the erection of any structure, for example) onthe conditions
the local government considers appropriate.70Temporary roads(1)This
section applies if—(a)alocalgovernmentwantstoremakeorrepairaroad;and(b)it is not reasonably practicable to
temporarily close theroad to traffic while the roadworks
are conducted.(2)The local government may make a
temporary road, throughland that adjoins the road, to be used
while the road is beingremade or repaired.(3)However,alocalgovernmentemployeeorcontractormayenter the land only if—(a)the
owner or occupier of the land has agreed, in writing,that
the local government employee or contractor mayenter the land;
or(b)the local government has given the
owner or occupier ofthe land at least 3 days written
notice that states—Page 66Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 71](i)thenatureoftheroadworksthataretobeconducted; and(ii)the
proposed route of the temporary road; and(iii)an
approximate period when the temporary road isexpected to
remain on the land.(4)Subsection (3)doesnotapplyiftheroadworksmustbeurgently conducted, but the local
government must give theowneroroccupierofthelandoralnoticeofthemattersmentioned in
subsection (3)(b).(5)The owner of the land may give the
chief executive officer awritten notice that claims
compensation for physical damagecaused by the
local government entering, occupying or usingthe land under
this section.(6)Compensation is not payable unless the
chief executive officerreceives the claim—(a)within 1 year after the occupation or
use has ended; or(b)at a later time allowed by the chief
executive officer.(7)The compensation equals—(a)theamountagreedbetweenthepersonandlocalgovernment;
or(b)ifthepersonandlocalgovernmentcannotagree,theamount that is decided by a court.(8)However,thecompensationmustnotbemorethanthecompensation that would have been awarded if
the land hadbeen acquired.71Road
levels(1)The owner or occupier of land that
adjoins a road may givewritten notice to the local government
requiring it to advisethe owner or occupier of the permanent
level that is fixed or tobe fixed for the road.(2)Ifthelocalgovernmenthasnot,within6monthsafterreceivingthenotice,giventheowneroroccupierwrittenCurrent as at [Not applicable]Page
67
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 72]adviceaboutthepermanentleveloftheroad,thelocalgovernment is
taken to have fixed the apparent level of theroad when the
notice was given as the permanent level of theroad.(3)If—(a)after a local government has fixed the
permanent levelof a road, the local government changes the
level of theroad; and(b)theowneroroccupieroflandthatadjoinstheroadisinjuriously affected by the change;the
local government must pay the owner or occupier, or theirsuccessor in title, compensation.(4)The compensation equals—(a)theamountthatisagreedbetweentheowneroroccupier,ortheirsuccessorintitle,andthelocalgovernment;
or(b)if the owner or occupier, or their
successor in title, andthe local government can not agree—the
amount that isdecided by the Planning and Environment
Court.72Assessment of impacts on roads from
certain activities(1)This section applies if—(a)a regulation prescribes an activity
for this section; and(b)alocalgovernmentconsidersthattheconductoftheactivityishaving,orwillhave,asignificantadverseimpact on a road in the local government
area; and(c)the activity is not for—(i)a coordinated project under theState Developmentand Public Works
Organisation Act 1971; or(ii)developmentcategorisedunderthelocalgovernment’splanningschemeasassessabledevelopment for
the Planning Act; or(iii)a road being
built under the Land Act, section 110.Page 68Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 73](2)Thelocalgovernmentmayrequiretheentitythatisconductingtheactivitytoprovideinformation,withinareasonabletime,thatwillenablethelocalgovernmenttoassess the impact of the activity on the
road.(3)After assessing the impact of the
activity on the road, the localgovernment may
decide to do 1 or more of the following—(a)give
the entity a direction about the use of the road tolessen the impact;(b)require the entity—(i)to
carry out works to lessen the impact; or(ii)to
pay an amount as compensation for the impact.(4)The
local government may require the works to be carried outortheamounttobepaidbeforetheimpactcommencesorintensifies.(5)Theamountofcompensationisadebtpayabletothelocalgovernment and may be recovered in a
court.(6)A regulation for this section—(a)mustcontainaprocessunderwhichthelocalgovernment’s
decision may be reviewed; and(b)may
contain a process for enforcing the decision.73Categorisation of roadsAlocalgovernmentmustcategorisetheroadsinitslocalgovernment area
according to the surface of the road.74Roads
map and register(1)A local government must prepare and
keep up-to-date—(a)a map of every road, including private
roads, in its localgovernment area; and(b)a
register of the roads that shows—(i)the
category of every road; andCurrent as at
[Not applicable]Page 69
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 75](ii)the
level of every road that has a fixed level; and(iii)other particulars prescribed under a
regulation.(2)The register of roads may also show
other particulars that thelocal government considers
appropriate.(3)Thepublicmayinspectthemapandregisteratthelocalgovernment’s public office.(4)On application and payment of a
reasonable fee fixed under aresolution or
local law, a person may obtain—(a)a
copy of a map or register of roads; or(b)acertificatesignedbyanemployeeofthelocalgovernment who is authorised for the
purpose—(i)about the category, alignment and
levels of roads inits area; or(ii)about the fact that the alignment or level
of a roadin its area has not been fixed.75Unauthorised works on roads(1)This section applies to a road in a
local government area.(2)Apersonmustnot,withoutlawfulexcuse(includingunderanother Act, for example), or the written
approval of the localgovernment—(a)carry out works on a road; or(b)interfere with a road or its
operation.Maximum penalty—200 penalty units.(3)Worksdo not include
the maintenance of ancillary works andencroachments,orlandscaping,thatdoesnotinterferewiththe
road or its operation.(4)An approval may
be subject to the conditions decided by thelocal
government.(5)Apersonmustnotcontraveneaconditionthatappliestoaperson under subsection (4).Page
70Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 76]Maximum
penalty—40 penalty units.(6)If a person
carries out works in contravention of this section,the
local government may—(a)dismantle or
alter the works; or(b)fix any damage caused by the
works.(7)If the local government dismantles or
alters the works, or fixesanydamagecausedbytheworks,thepersonmustpaythelocal government
the reasonable costs incurred by the localgovernment in
doing so.Division 2Stormwater
drains76What this division is about(1)Thisdivisionisaboutstormwaterdrainsandstormwaterinstallations.(2)Astormwaterdrainisadrain,channel,pipe,chamber,structure,outfallorotherworksusedtoreceive,store,transport or treat stormwater.(3)Astormwater
installationfor a property—(a)isanyroofgutters,downpipes,subsoildrainsorstormwater drain for the property;
but(b)doesnotincludeanypartofalocalgovernment’sstormwater
drain.77Connecting stormwater installation to
stormwater drain(1)A local government may, by written
notice, require the ownerofapropertytoconnectastormwaterinstallationforthepropertytothelocalgovernment’sstormwaterdrainintheway,undertheconditionsandwithinthetimestatedinthenotice.(2)Theway,conditionandtimestatedinthenoticemustbereasonable in the circumstances.Current as at [Not applicable]Page
71
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 78](3)Apersonmustnotconnectastormwaterinstallationforaproperty to a local government’s
stormwater drain unless—(a)thelocalgovernmenthasrequiredtheownerofthepropertytodosobyawrittennoticeundersubsection (1);
or(b)thelocalgovernmenthasgivenitsapprovalfortheconnection.Maximum
penalty—165 penalty units.(4)The local
government may impose conditions on its approvalfortheconnection,includingconditionsaboutthewaytheconnection must be made.(5)Ifapersonconnectsastormwaterinstallationunderarequirement or approval of the local
government, the personmustcomplywiththerequirementorapproval,unlesstheowner has a reasonable excuse.Maximum penalty for subsection (5)—165
penalty units.78No connecting sewerage to stormwater
drain(1)Theownerofapropertymustnotconnectthesewerageinstallation for
property, or allow the sewerage installation forthe
property to be connected, to any part of—(a)the
stormwater installation for the property; or(b)the
stormwater drain of the local government.Maximum
penalty—165 penalty units.(2)Asewerage installationis any of the
following—(a)an on-site sewerage facility within
the meaning given inthe Plumbing and Drainage Act;(b)a sewer for a property or building
unit;(c)sanitary plumbing i.e. any apparatus,
fittings, fixtures orpipes that carry sewage to a sanitary
drain;(d)sanitary drainage i.e. any apparatus,
fittings or pipes forcollecting and carrying
discharges—Page 72Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 78](i)fromfixtures(thataredirectlyconnectedtoasanitary drain)
to an on-site sewerage facility or asewerage
treatment system; or(ii)fromsanitaryplumbingtoanon-siteseweragefacility or a
sewerage treatment system.Examples of apparatus, fittings or
pipes for sanitary drainage—•disconnector gullies•bends at the foot of stacks or below ground
level•pipes above ground level that are
installed using drainageprinciples•for
an on-site sewerage facility—a pipe (other than a soil orwaste pipe) used to carry sewage to or from
the facility(3)Theownerofapropertywhobecomesawarethatthesewerage installation for the property is
connected to any partof—(a)the
stormwater installation for the property; or(b)the
stormwater drain of the local government;must,assoonasreasonablypracticable,takeallnecessarystepstodisconnectthefacility,drainageorsewerfromthestormwater installation or
drain.Maximum penalty—165 penalty units.(4)If the sewerage installation for
property is connected to anypart of—(a)the stormwater installation on the
property; or(b)the stormwater drain of the local
government;thelocalgovernmentmay,bywrittennotice,requiretheowner of the property to perform the work
stated in the notice,within the time stated in the
notice.(5)The time stated in the notice
must—(a)be a time that is reasonable in the
circumstances; and(b)be at least 1 month after the notice
is given to the owner.Current as at [Not applicable]Page
73
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 79](6)However,thetimestatedinthenoticemaybelessthan1month but must not be less than 48 hours if
the work stated inthe notice—(a)is
required to stop a serious health risk continuing; or(b)relatestoaconnectionthatiscausingdamagetothelocal
government’s stormwater drain.(7)The
work stated in the notice must be work that is reasonablynecessary for fixing or otherwise dealing
with the sewerageinstallation, including for example—(a)work to remedy a contravention of this
Act; or(b)work to disconnect something that was
connected to astormwaterdrainwithoutthelocalgovernment’sapproval.(8)The owner must comply with the notice,
unless the owner hasa reasonable excuse.Maximum penalty for subsection (8)—165
penalty units.79No trade waste or prohibited
substances in stormwaterdrain(1)A
person must not put trade waste into a stormwater drain.Maximum penalty—1,000 penalty units.(2)Tradewasteiswaterbornewastefrombusiness,tradeormanufacturing property, other than—(a)stormwater; and(b)a
prohibited substance.(3)Apersonmustnotputaprohibitedsubstanceintoastormwater drain.Maximum
penalty—1,000 penalty units.(4)Aprohibited substanceis—(a)a solid or
viscous substance in a quantity, or of a size,thatcanobstruct,orinterferewiththeoperationof,astormwater drain; orPage
74Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 79]Examples for
paragraph (a)—•ash, cinders, sand, mud, straw and
shavings•metal, glass and plastics•paper and plastic dishes, cups and
milk containers•rags, feathers, tar and wood•whole blood, paunch manure, hair and
entrails•oil and grease•cement-ladenwastewater,includingwashdownfromexposed
aggregate concrete surfaces(b)aflammableorexplosivesolid,liquidorgaseoussubstance;
or(c)sewage, including human waste;
or(d)a substance that, given its quantity,
is capable alone, orbyinteractionwithanothersubstanceputintoastormwater drain, of—(i)inhibiting or interfering with the
stormwater drain;or(ii)causingdamageorahazardtothestormwaterdrain; or(iii)causing a hazard
for humans or animals; or(iv)creating a
public nuisance; or(v)creating a hazard in waters; or(vi)contaminatingtheenvironmentinplaceswherestormwater is discharged or reused;
orExample for paragraph (d)—a
substance with a pH lower than 6.0 or greater than 10.0, orhaving another corrosive property(e)a substance that has a temperature of
more than—(i)if the local government has approved a
maximumtemperatureforthesubstance—theapprovedmaximum temperature; or(ii)otherwise—38ºC.Current as at
[Not applicable]Page 75
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 80](5)If—(a)apersonputsaprohibitedsubstanceinalocalgovernment’s stormwater drain; and(b)theprohibitedsubstancecausesdamagetothestormwater
drain;the local government may perform work to fix
the damage,and may recover the reasonable costs for the
work from thepersonwhoputtheprohibitedsubstanceinthestormwaterdrain.(6)The costs for the work are in addition
to any penalty imposedfor the offence.80Interference with path of stormwater(1)A person must not restrict or redirect
the flow of stormwaterover land in a way that may cause the
water to collect andbecome stagnant.Maximum
penalty—165 penalty units.(2)However, this
section does not apply to water collected in adam, wetland,
tank or pond, if no offensive material is allowedto
accumulate.Division 3Other
matters80AMalls(1)Alocalgovernmentmayestablishamallinitslocalgovernment
area.(2)Thelocalgovernmentmustcomplywiththeproceduresprescribed under
a regulation for establishing a mall.(3)Theregulationmayalsoprovideforanyothermatterconnectedwithmanaging,promotingorusingamall,including, for
example—(a)removal of vehicles from a mall;
andPage 76Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 80B](b)review of a decision relating to the removal
of a vehiclefrom a mall; and(c)matters relating to an advisory committee
for a mall.(4)Apersonisnotentitledtocompensationonaccountofinjuriousaffectiontoanyrightorinterestofabusiness,commercial or
industrial nature because of the establishment,modification or
closing of a mall by a local government.(5)However, the local government may, by
resolution, decide topay compensation to the person.(6)The Land Act, chapter 4, part 4 does
not apply to a road that isa mall.80BFerry services(1)A
local government has the exclusive right to provide a ferryservice across a watercourse if the land
that forms both banksof the watercourse is in its local
government area.(2)Awatercourseis a river,
creek or channel where water flowsnaturally.(3)A
local government may—(a)leasetherighttoprovideaferryserviceacrossawatercourse that it has the exclusive right
to provide aferry service across; and(b)make local laws for managing and
regulating the use offerries operated or leased by
it.(4)A regulation may—(a)declare another watercourse that a local
government hasthe exclusive right to provide a ferry
service across; and(b)provideforanyothermatterconnectedwiththeprovisionofferryservices(includingdeclaringtheapproachestoaferryasbeingunderthecontrolofalocal government, for example).Current as at [Not applicable]Page
77
Local
Government Act 2009Chapter 3 The business of local
governments[s 81]Part 4The
business of indigenouslocal governmentsNotauthorised—indicativeonlyDivision 1Introduction81What
this part is aboutThis part contains provisions that relate
only to the followinglocal governments—(a)Aurukun Shire Council;(b)Mornington Shire Council;(c)an indigenous local government.Division 2Managing trust
land82What this division is about(1)Thisdivisioncontainsprovisionsthatapplytoatrusteecouncil.(2)Atrustee
councilis any of the following local governments
ifthe local government is a trustee of trust
land—(a)Aurukun Shire Council;(b)Mornington Shire Council;(c)an indigenous local government.(3)Trust landis the land
described in a deed of grant in trust thatis issued under
the Land Act.(4)The provisions of this
division—(a)donotaffectthestatusthatanylandhasundertheAboriginal Land Act 1991or theTorres Strait IslanderLand Act
1991; and(b)areadditionaltotheprovisionsthatapplytothelandunder the Land
Act and any other law.Page 78Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 83]83Trustee business must be conducted
separately(1)A trustee council must conduct its
trustee business separatelyfrom its other
local government business.(2)Trustee
businessis any business that relates to trust
land.(3)So, the trustee council must—(a)maintainseparateaccountsandrecordsfortrusteebusiness;
and(b)in its capacity as trustee council,
formally advise itself,in its capacity as indigenous regional
council, of mattersrelating to trustee business; and(c)holdseparatemeetingsfortrusteebusinessfrommeetings for
other local government business.84Meetings about trust land generally open to
the public(1)All meetings relating to trust land
must be open to the public,unlessthetrusteecouncildecides,byresolution,thatthemeeting be closed to the
public.(2)Thetrusteecouncilmaydosoonlytoallowthetrusteecouncil to
discuss business for which public discussion wouldbe
likely to—(a)prejudice the interests of the trustee
council or someoneelse; or(b)enable a person to gain a financial
advantage.(3)For example, a meeting may be closed
to the public to allowthe trustee council to discuss—(a)theappointment,disciplineordismissaloflocalgovernment
employees; or(b)industrialmattersaffectinglocalgovernmentemployees;
or(c)starting or defending legal
proceedings; or(d)that part of the budget that relates
to the trust land; or(e)contracts
proposed to be made by the trustee council.Current as at
[Not applicable]Page 79
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 85](4)A
resolution to close a meeting to the public must specify thegeneralnatureofthematterstobediscussedwhilethemeeting is closed to the public.(5)The trustee council must not make a
resolution (other than aprocedural resolution) in a meeting
that is closed to the public.85Community forum input on trust change
proposals(1)This section applies if—(a)a trustee council is an indigenous
regional council; and(b)thetrusteecouncilwantstoconsideratrustchangeproposal; and(c)a
community forum has been established for the divisionof
the local government where the trust land is located.(2)Atrust change
proposalis a proposal to make a decision—(a)toputanimprovement(includingastructure,forexample) on trust land; or(b)to create an interest in trust land
(including a lease ormortgage, for example); or(c)that the trustee council has decided,
by resolution, mustbe dealt with as a trust change
proposal.(3)Thetrusteecouncilmustgivethecommunityforumanopportunity to give input about the
trust change proposal.Note—See division 3
for more information about community forums.(4)The
trustee council must give the community forum a writtennotice that gives the community
forum—(a)reasonably sufficient information
about the trust changeproposal; and(b)reasonably sufficient time;to
allow the community forum to give input about the trustchange proposal.Page 80Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 85A](5)Thetrusteecouncilmusthaveregardtoanyinputthatisreceived from the community forum
within the time specifiedin the written notice.(6)Ifthetrusteecouncilproposestomakeadecisionthatiscontrary to the community forum’s
input, the trustee councilmustgivewrittennoticeofthereasonsfortheproposeddecision to the community forum.(7)If the community forum advises the
trustee council that it doesnot support the
trustee council’s proposed decision, the trusteecouncil must take reasonable steps to let
the community know.(8)Ifthetrusteecouncilproposestomakeadecisionthatiscontrarytothecommunityforum’sinput,thedecisionhaseffect only if—(a)the
decision is approved by a majority of the councillors(otherthanthemayor),regardlessofhowmanycouncillors take
part in any meeting about the decision;and(b)the councillor for the division of the
local governmentareainwhichthetrustlandissituateddoesnotvoteagainst
approving the decision.85ATrust change
decisions if no community forum(1)This
section applies if—(a)a trustee council, that is an
indigenous regional council,proposes to make
a trust change decision; and(b)acommunityforumhasnotbeenestablishedforthedivision of the local government where
the trust land islocated.(2)Atrust change decisionis a
decision—(a)toputanimprovement(includingastructure,forexample) on trust land; or(b)to create an interest in trust land
(including a lease ormortgage, for example); orCurrent as at [Not applicable]Page
81
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 86](c)that
the trustee council has decided, by resolution, mustbedealtwithasatrustchangeproposalwithinthemeaning of section 85(2).(3)The trust change decision has effect
only if—(a)the decision is approved by a majority
of the councillors(otherthanthemayor),regardlessofhowmanycouncillors take
part in any meeting about the decision;and(b)the councillor for the division of the
local governmentareainwhichthetrustlandislocateddoesnotvoteagainst
approving the decision.86Grouping of trust
land not availableThe chief executive under the Land Act must
not approve thegrouping of trust land under the Land Act,
section 62, if anyof the trust land is the subject of a
community deed of grant intrust.Division 3Community forums87Community forums(1)Thissectionappliesifanindigenousregionalcouncilestablishesacommunityforumforthecouncilor,ifthecouncil is divided, any of its
divisions.(2)Acommunity
forumis a body established by an
indigenousregional council to be responsible for
meeting with the localcommunity to discuss issues relating
to—(a)trust land; and(b)planning; and(c)the
delivery of services; and(d)culture.Page
82Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 88](3)Thelocalcommunityisthecommunitylivinginthelocalgovernment area
or division for which the community forumis
established.(4)A community forum is made up
of—(a)a chairperson, who is the councillor
for the division; and(b)at least 3, but
not more than 7, appointed members.(5)The
indigenous regional council must publish the followinginformation in a newspaper circulating
generally in its localgovernment area—(a)the
name of the community forum;(b)the
names of the members of the community forum.(6)Theindigenousregionalcouncilmustdecideallmattersnecessary for
the operation of its community forums.88Members of a community forum(1)This section is about the members of a
community forum.(2)Apersonisappointedasamemberofacommunityforum(other than as chairperson)—(a)by a resolution of the indigenous
regional council for theforum; and(b)under a merits based selection process
conducted by theindigenous regional council for the forum
after a call forexpressions of interest in appointment is
advertised in anewspapercirculatinggenerallyinthecouncil’slocalgovernment
area.(3)A person is not qualified to be
appointed as a member if theperson is the
mayor of the indigenous regional council.(4)A
person stops being a member if the person—(a)resignsbysignednoticeofresignationgiventotheindigenous
regional council for the community forum;or(b)completes a term of office and is not
re-appointed.Current as at [Not applicable]Page
83
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 3 The business of local
governments[s 89]89Payments to appointed members of a community
forum(1)An appointed member of a community
forum is not entitled tobe paid any remuneration.(2)However, an indigenous regional
council may authorise—(a)the payment of
the expenses incurred, or to be incurred,by the appointed
members of a community forum; or(b)the
provision of facilities to the appointed members of acommunity forum.Part 5Caretaker period arrangements90ACaretaker period(1)Thecaretakerperiodforalocalgovernmentistheperiodduring an
election for the local government that—(a)starts on the day when public notice of the
holding oftheelectionisgivenundertheLocalGovernmentElectoral Act,
section 25(1); and(b)ends at the conclusion of the
election.(2)Thereisnocaretakerperiodduringaby-electionorfreshelection.90BProhibition on major policy decision
in caretaker period(1)A local government must not make a
major policy decisionduring a caretaker period for the
local government.(2)However,ifthelocalgovernmentconsidersthat,havingregard to exceptional circumstances that
apply, it is necessaryto make the major policy decision in
the public interest, thelocal government may apply to the
Minister for approval tomake the decision.(3)The
Minister may give the approval if the Minister is satisfiedthat, having regard to exceptional
circumstances that apply, itPage 84Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 3 The business of local
governments[s 90C]isnecessaryforthelocalgovernmenttomakethemajorpolicy decision
in the public interest.(4)TheMinister’sapprovalmaybegivenonconditionswithwhich the local government must
comply.90CInvalidity of major policy decision in
caretaker periodwithout approval(1)A
major policy decision made by a local government during acaretakerperiodforthelocalgovernmentisinvalidtotheextent the local government—(a)does not have the Minister’s approval
under section 90Bto make the decision; or(b)does
not comply with any conditions of the Minister’sapproval under section 90B(4).(2)A contract is void if it is the
subject of a major policy decisionthat is
invalid.(3)A person who acts in good faith in
relation to a major policydecision of a local government, or in
relation to a contract thatis the subject
of a major policy decision, but who suffers lossordamagebecauseofanyinvalidityofthedecisionundersubsection (1)orbecausethecontractisvoidundersubsection (2),hasarighttobecompensatedbythelocalgovernment for
the loss or damage.(4)Thepersonmaybringaproceedingtorecoverthecompensation in a court of competent
jurisdiction.90DProhibition on election material in
caretaker period(1)A local government must not, during a
caretaker period for thelocal government, publish or
distribute election material.(2)Election materialis anything able
to, or intended to—(a)influence an elector about voting at
an election; or(b)affect the result of an
election.Current as at [Not applicable]Page
85
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
91](3)The prohibition under subsection (1)
does not apply to makingahow-to-votecardavailableundertheLocalGovernmentElectoral Act
2011, section 179(6).Chapter 4Finances and accountabilityPart
1Rates and charges91What
this part is about(1)This part is about rates and
charges.(2)Ratesandchargesareleviesthatalocalgovernmentimposes—(a)on land; and(b)foraservice,facilityoractivitythatissuppliedorundertaken by—(i)the
local government; or(ii)someoneonbehalfofthelocalgovernment(includingagarbagecollectioncontractor,forexample).92Types
of rates and charges(1)There are 4
types of rates and charges—(a)general rates (including differential
rates); and(b)special rates and charges; and(c)utility charges; and(d)separate rates and charges.Page
86Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 4 Finances and accountability[s
92](2)General ratesare for
services, facilities and activities that aresuppliedorundertakenforthebenefitofthecommunityingeneral (rather than a particular
person).Example—General rates
contribute to the cost of roads and library services thatbenefit the community in general.(3)Specialratesandchargesareforservices,facilitiesandactivities that have a special association
with particular landbecause—(a)the
land or its occupier—(i)speciallybenefitsfromtheservice,facilityoractivity; or(ii)hasorwillhavespecialaccesstotheservice,facility or
activity; or(b)thelandisorwillbeusedinawaythatspeciallycontributestotheneedfortheservice,facilityoractivity; or(c)the
occupier of the land specially contributes to the needfor
the service, facility or activity.Examples—Special rates and charges could be
levied—•for the costof
maintainingaroadinanindustrialareathatisregularly used by heavy vehicles•for the cost of replacing the drainage
system in only part of thelocal government area•on land that is used only by
businesses that would benefit from thepromotion of
tourism in the local government area.(4)Utility chargesare for a
service, facility or activity for any ofthe following
utilities—(a)waste management;(b)gas;(c)sewerage;(d)water.Current as at
[Not applicable]Page 87
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
93](5)Separate rates and chargesare
for any other service, facilityor
activity.93Land on which rates are levied(1)Rates may be levied on rateable
land.(2)Rateablelandisanylandorbuildingunit,inthelocalgovernment area, that is not exempted from
rates.(3)The following land is exempted from
rates—(a)unallocated State land within the
meaning of the LandAct;(b)land
that is occupied by the State or a government entity,unless—(i)the
government entity is a GOC or its subsidiary(withinthemeaningoftheGovernmentOwnedCorporations Act 1993) and the
government entityis not exempt from paying rates; or(ii)thelandisleasedtotheStateoragovernmententitybysomeonewhoisnottheStateoragovernment entity;(c)land
in a state forest or timber reserve, other than landoccupied under—(i)an
occupation permit or stock grazing permit underthe Forestry
Act; or(ii)a lease under
the Land Act;(d)Aboriginal land under theAboriginal Land Act 1991, orTorresStraitIslanderlandundertheTorresStraitIslander Land Act 1991, other than a
part of the land thatis used for commercial or residential
purposes;(e)thefollowinglandundertheTransportInfrastructureAct—(i)strategicportlandthatisoccupiedbyaportauthority, the
State, or a government entity;Page 88Current as at [Not applicable]
Local
Government Act 2009Chapter 4 Finances and accountability[s
93]Notauthorised—indicativeonly(ii)strategicportlandthatisoccupiedbyawhollyowned subsidiary
of a port authority, and is used inconnection with
the Cairns International Airport orMackay
Airport;(iii)existing or new
rail corridor land;(iv)commercialcorridorlandthatisnotsubjecttoalease;(f)airportland,withinthemeaningoftheAirportAssets(Restructuring and Disposal) Act 2008,
that is used for arunway, taxiway, apron, road, vacant land,
buffer zoneor grass verge;(g)land
that is owned or held by a local government unlessthe
land is leased by the local government to someoneother than another local government;(h)land that is—(i)primarilyusedforshowgroundsorhorseracing;and(ii)exemptedfromratingbyresolutionofalocalgovernment;(i)landthatisexemptedfromrating,byresolutionofalocal government, for charitable
purposes;(j)land that is exempted from rating
under—(i)another Act; or(ii)a
regulation, for religious,charitable,educationalor other public
purposes.(4)The land mentioned in subsection
(3)(f) stops being exemptedland when either
of the following events first happens—(a)adevelopmentpermitunderthePlanningActcomesinto force for
the land for a use that is not mentioned insubsection
(3)(f);(b)developmentwithinthemeaningofthePlanningAct(other than reconfiguring a lot) starts for
a use that is notmentioned in subsection (3)(f).Current as at [Not applicable]Page
89
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
94]94Power to levy rates and charges(1)Each local government—(a)must levy general rates on all
rateable land within thelocal government area; and(b)may levy—(i)special rates and charges; and(ii)utility charges;
and(iii)separate rates
and charges.(1A)Withoutlimitingsubsection
(1),alocalgovernmentmaycategoriserateableland,anddecidedifferentialratesforrateableland,accordingtowhetherornotthelandistheprincipal place
of residence of the owner.(2)Alocalgovernmentmustdecide,byresolutionatthelocalgovernment’s
budget meeting for a financial year, what ratesand charges are
to be levied for that financial year.95Overdue rates and charges are a charge over
rateableland(1)This
section applies if the owner of rateable land owes a localgovernment for overdue rates and
charges.(2)The overdue rates and charges are a
charge on the land.(3)The local government may register the
charge over the land bylodging the following documents with
the registrar of titles—(a)arequesttoregisterthechargeovertheland,intheappropriate form;(b)acertificatesignedbythechiefexecutiveofficerthatstates there is
a charge over the land for overdue ratesand
charges.(4)Afterthechargeisregisteredovertheland,thechargehaspriority over any other encumbrances over
the land, other thanencumbrances in favour of—(a)the State; orPage 90Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 4 Finances and accountability[s
96](b)a government entity.(5)If the overdue rates and charges are
paid, the local governmentmustlodgethefollowingdocumentswiththeregistraroftitles—(a)arequesttoreleasethechargeovertheland,intheappropriate form;(b)acertificatesignedbythechiefexecutiveofficerthatstates the
overdue rates and charges have been paid.(6)Thissectiondoesnotlimitanyotherremedythatthelocalgovernmenthastorecovertheoverdueratesandcharges(including
selling the land, for example).96Regulations for rates and chargesA
regulation may provide for any matter connected with ratesand
charges, including for example—(a)concessions; and(b)the
categorisation of land for rates and charges; and(c)theprocessforrecoveringoverdueratesandcharges,including by the
sale of the land to which the rates andcharges
relate.Part 2Fees97Cost-recovery fees(1)A
local government may, under a local law or a resolution, fixa
cost-recovery fee.(2)Acost-recovery
feeis a fee for—(a)anapplicationfortheissueorrenewalofalicence,permit,registrationorotherapprovalunderaLocalGovernment Act
(anapplication fee); or(b)recording a change of ownership of
land; orCurrent as at [Not applicable]Page
91
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
98](c)giving information kept under a Local
Government Act;or(d)seizing property
or animals under a Local GovernmentAct; or(e)theperformanceofanotherresponsibilityimposedonthelocalgovernmentundertheBuildingActorthePlumbing and
Drainage Act.(3)Alocallaworresolutionforsubsection (2)(d)or(e)muststate—(a)the person liable to pay the
cost-recovery fee; and(b)the time within
which the fee must be paid.(4)A
cost-recovery fee must not be more than the cost to the
localgovernment of taking the action for which
the fee is charged.(5)However, an application fee may also
include a tax—(a)in the circumstances and for a purpose
prescribed undera regulation; and(b)if
the local government decides, by resolution, that thepurpose of the tax benefits its local
government area.(6)The local law or resolution that fixes
an application fee thatincludes a tax must state the amount,
and the purpose, of thetax.(7)If
an application fee that includes a tax is payable in
relationto land, the tax applies only in relation to
land that is rateableland.(8)A
local government may fix a cost-recovery fee by resolutioneven
if the fee had previously been fixed by a local law.98Register of cost-recovery fees(1)A local government must keep a
register of its cost-recoveryfees.(2)The register must state the paragraph
of section 97(2) underwhich the cost-recovery fee is
fixed.Page 92Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 4 Finances and accountability[s
99](3)Also, the register must state—(a)foracost-recoveryfeeundersection
97(2)(a)—theprovision of the Local Government Act under
which thelicence, permit, registration or other
approval is issuedor renewed; or(b)foracost-recoveryfeeundersection
97(2)(c)—theprovision of the Local Government Act under
which theinformation is kept; or(c)foracost-recoveryfeeundersection
97(2)(d)—theprovision of the Local Government Act under
which theproperty or animals are seized; or(d)foracost-recoveryfeeundersection
97(2)(e)—theprovisionoftheBuildingActorthePlumbingandDrainage Act under which the
responsibility is imposed.(4)The public may
inspect the register at the local government’spublic
office.99Fees on occupiers of land below the
high-water mark(1)This section applies to the occupier
(other than the State or agovernment entity) of a structure that
is on land that—(a)is not rateable land, and therefore
not subject to rates;and(b)is
in, or is adjoining, a local government area; and(c)is below the high-water mark.(2)Thehigh-watermarkistheordinaryhigh-watermarkatspring tides.(3)The
local government for the local government area may, byresolution, levy a fee on the occupier of
the structure for theuse of the local government’s roads
and other infrastructure.(4)For subsection
(3),feeincludes a tax.Current as at
[Not applicable]Page 93
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
100]100Fees on residents of particular local
government areas(1)This section applies to the following
local governments—(a)Aurukun Shire Council;(b)Mornington Shire Council;(c)an indigenous local government.(2)A local government may, by resolution,
levy a fee on residentsof its local government area.(3)The local government may exempt a
resident from paying thefee, if another amount is payable to
the local government inrelation to the property in which the
resident resides.Part 3Financial
planning andaccountability101Statutory Bodies Financial Arrangements Act
applies tolocal governments(1)AlocalgovernmentisastatutorybodyfortheStatutoryBodies Financial Arrangements Act.(2)Part 2B of that Act sets out the way
in which that Act affects alocal
government’s powers.104Financial management systems(1)Toensureitisfinanciallysustainable,alocalgovernmentmust establish a
system of financial management that—(a)ensures regard is had to the sound
contracting principleswhen entering into a contract
for—(i)the supply of goods or services;
or(ii)the disposal of
assets; and(b)complies with subsections (5) to
(7).Page 94Current as at
[Not applicable]
Local
Government Act 2009Chapter 4 Finances and accountability[s
104]Notauthorised—indicativeonly(2)Alocalgovernmentisfinanciallysustainableifthelocalgovernmentisabletomaintainitsfinancialcapitalandinfrastructure capital over the long
term.(3)Thesound
contracting principlesare—(a)value for money; and(b)open
and effective competition; and(c)thedevelopmentofcompetitivelocalbusinessandindustry; and(d)environmental protection; and(e)ethical behaviour and fair
dealing.(4)Acontractforthesupplyofgoodsorservicesincludesacontract about carrying out
work.(5)Thesystemoffinancialmanagementestablishedbyalocalgovernment must
include—(a)the following financial planning
documents prepared forthe local government—(i)a5-yearcorporateplanthatincorporatescommunity
engagement;(ii)a long-term
asset management plan;(iii)a long-term
financial forecast;(iv)an annual budget
including revenue statement;(v)an
annual operational plan; and(b)thefollowingfinancialaccountabilitydocumentsprepared for the local government—(i)general purpose financial
statements;(ii)asset
registers;(iii)an annual
report;(iv)a report on the
results of an annual review of theimplementation
of the annual operational plan; and(c)thefollowingfinancialpoliciesofthelocalgovernment—Current as at
[Not applicable]Page 95
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
105](i)investment policy;(ii)debt
policy;(iii)revenue
policy.(6)A local government must ensure the
financial policies of thelocalgovernmentareregularlyreviewedandupdatedasnecessary.(7)Alocalgovernmentmustcarryoutareviewoftheimplementation of the annual
operational plan annually.(8)To remove any
doubt, it is declared that subsection (1)(a) doesnotrequireequalconsiderationtobegiventoeachofthesound contracting principles.105Auditing, including internal
auditing(1)Eachlocalgovernmentmustestablishanefficientandeffective internal audit function.(2)Eachlargelocalgovernmentmustalsoestablishanauditcommittee.(3)Alarge local governmentis a
local government that belongsto a class
prescribed under a regulation.(4)Anaudit committeeis a committee
that—(a)monitors and reviews—(i)the integrity of financial documents;
and(ii)the internal
audit function; and(iii)theeffectivenessandobjectivityofthelocalgovernment’s
internal auditors; and(b)makes
recommendations to the local government aboutanymattersthattheauditcommitteeconsidersneedaction or improvement.107Insurance(1)A
local government must maintain the following insurance—Page
96Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 4 Finances and accountability[s
107A](a)public liability insurance;(b)professional indemnity
insurance.(2)The insurance must be for at least the
amount required under aregulation.(3)Alocalgovernmentmayenterintoacontractofinsurancewith WorkCover
Queensland, or another insurer, to cover itscouncillors.(4)For
that purpose, a councillor’s role includes attending—(a)meetings of the local government or
its committees thatthe councillor is entitled or asked to
attend; and(b)meetingsforaresidentofthelocalgovernmentarea;and(c)conferences,deputations,inspectionsandmeetingsatwhichthecouncillor’sattendanceispermittedbythelocal government; and(d)official functions organised for the
local government.107AApproval of budget(1)A
local government must consider the budget presented by themayor and, by resolution, adoptthe
budget with or withoutamendment.(2)The
mayor must give a copy of the budget, as proposed to bepresented to the local government, to each
councillor at least 2weeks before the local government is
to consider adopting thebudget.(3)The
local government must adopt a budget before 1 August inthe
financial year to which the budget relates.Current as at
[Not applicable]Page 97
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 4 Finances and accountability[s
108]Part 4Councillor’s
financialaccountability108What
this part is aboutThis part is about councillors’ financial
accountability.109Councillor’s discretionary
funds(1)Acouncillormustensurethatthecouncillor’sdiscretionaryfunds are used
in accordance with the requirements prescribedunder a
regulation.(2)Discretionaryfundsarefundsinthelocalgovernment’soperating fund
that are—(a)budgeted for community purposes;
and(b)allocated by a councillor at the
councillor’s discretion.110Councillors
liable for improper disbursements(1)This
section applies if—(a)a local government disburses local
government funds ina financial year; and(b)the
disbursement—(i)isnotprovidedforinthelocalgovernment’sbudget for the
financial year; and(ii)ismadewithouttheapprovalofthelocalgovernment by
resolution.(2)Thelocalgovernmentmustgivethepublicnoticeofthedisbursement in
a newspaper that is circulating generally inthelocalgovernmentarea,within14daysafterthedisbursement is made.(3)If the disbursement is not made for a
genuine emergency orhardship,thecouncillorswhoknowinglyagreetothePage 98Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 4 Finances and accountability[s
111]disbursement are jointly and severally
liable to pay the localgovernment—(a)the
amount of the disbursement; and(b)interest on the amount of the disbursement,
at the rate atwhich interest accrues on overdue rates,
calculated fromthe day of the disbursement to the day of
repayment; and(c)any fees, charges, penalties or other
expenses incurredby the local government in relation to the
disbursement.(4)Thoseamountsmayberecoveredasadebtpayabletothelocal government.111Councillors liable for loans to
individuals(1)Alocalgovernmentmustnot,eitherdirectlyorindirectly,make or
guarantee a loan to an individual.(2)Guarantee a loanincludes provide
a security in connectionwith a loan.(3)The
councillors who knowingly agree to loan the money arejointly and severally liable to pay the
local government—(a)the amount of the loan; and(b)interest on the amount of the loan, at
the rate at whichinterestaccruesonoverduerates,calculatedfromtheday of the borrowing to the day of
repayment; and(c)any fees, charges, penalties or other
expenses incurredby the local government in relation to the
loan.(4)Thoseamountsmayberecoveredasadebtpayabletothelocal government.112Councillors liable for improper
borrowings(1)This section applies if a local
government borrows money—(a)forapurposethatisnotforthegoodruleandgovernment of the local government
area; orCurrent as at [Not applicable]Page
99
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 113](b)incontraventionofthisActortheStatutoryBodiesFinancial
Arrangements Act.(2)The councillors who knowingly agree to
borrow the moneyare jointly and severally liable to pay the
local government—(a)the amount borrowed; and(b)interestontheamountborrowed,attherateatwhichinterestaccruesonoverduerates,calculatedfromtheday of the borrowing to the day of
repayment; and(c)any fees, charges, penalties or other
expenses incurredby the local government in relation to the
borrowing.(3)Thoseamountsmayberecoveredasadebtpayabletothelocal government.(4)This
section applies despite—(a)the fact that a
security was issued for the borrowing; or(b)the
Statutory Bodies Financial Arrangements Act.Chapter 5Monitoring and enforcingthe Local
Government ActsPart 1Local
governmentsDivision 1Introduction113What
this part is about(1)The purpose of this part is to allow
the Minister, on behalf ofthe State—(a)togatherinformation(includingunderadirection)tomonitor and evaluate whether a local
government or acouncillor—Page 100Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 114](i)is
performing their responsibilities properly; or(ii)is
complying with the Local Government Acts; and(b)iftheinformationshowsthatthelocalgovernmentorcouncillorisnotperformingtheirresponsibilitiesproperly,orisnotcomplyingwiththeLocalGovernment
Acts—to take remedial action.(2)Remedial actionis action to
improve the local government’sor councillor’s
performance or compliance.(3)Remedial action
may include, for example, directing—(a)the
local government or councillor to take the action thatis
necessary to comply with a Local Government Act; or(b)thelocalgovernmenttoreplacearesolutionthatiscontrary to a Local Government Act
with a resolutionthat complies with the Local Government Act;
or(c)the local government to amend a local
law by removinga provision that is contrary to a Local
Government Act.114Decisions under this part are not
subject to appealAdecisionoftheMinisterunderthispartisnotsubjecttoappeal.Note—See
section 244 for more information.Division 2Monitoring and evaluation115Gathering informationTo
monitor and evaluate a local government’s or councillor’sperformanceandcompliance,thedepartment’schiefexecutive may—(a)examinetheinformationcontainedinthelocalgovernment’s records and operations;
orCurrent as at [Not applicable]Page
101
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 116](b)otherwisecarryoutaninvestigationofthelocalgovernment’sorcouncillor’sperformanceandcompliance.Notauthorised—indicativeonly116Acting on the
information gathered(1)Thissectionappliesiftheinformationgatheredbythedepartment’s
chief executive shows that the local governmentor
councillor—(a)is not performing their
responsibilities properly; or(b)is
not complying with the Local Government Acts.(2)The
department’s chief executive may—(a)give
the information to the Minister; and(b)make
any recommendations to the Minister about whatremedial action
to take.(3)The Minister may take the remedial
action that the Ministerconsiders appropriate in the
circumstances.(4)The Minister may publish the following
information—(a)the way in which the local government
or councillor—(i)is not performing their
responsibilities properly; or(ii)is
not complying with the Local Government Acts;(b)the
remedial action that the Minister has taken.(5)The
Minister may—(a)publishtheinformationinanewspaperthatiscirculating generally in the local
government area; or(b)direct the local government to publish
the informationon the local government’s website.117Advisors(1)Thissectionappliesiftheinformationgatheredbythedepartment’schiefexecutiveshowsthatthelocalgovernment—Page 102Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 118](a)is
not performing its responsibilities properly; or(b)is not complying with the Local
Government Acts.(2)Thedepartment’schiefexecutivemay,bygazettenotice,appoint an advisor for the local
government.(3)Anadvisoris
responsible for—(a)helping the local government to build
its capacity—(i)to perform its responsibilities
properly; or(ii)to comply with
the Local Government Acts; and(b)performingotherrelateddutiesasdirectedbythedepartment’s chief executive.(4)The local government must cooperate
fully with the advisor.118Financial
controllers(1)Thissectionappliesiftheinformationgatheredbythedepartment’schiefexecutiveshowsthatthelocalgovernment—(a)is
not performing its responsibilities properly; or(b)is not complying with the Local
Government Acts.(2)Thedepartment’schiefexecutivemay,bygazettenotice,appoint a financial controller for the local
government.(3)Afinancial
controlleris responsible for—(a)implementingfinancialcontrolsasdirectedbythedepartment’s chief executive;
and(b)performingotherrelateddutiesasdirectedbythedepartment’s chief executive.(4)The local government must cooperate
fully with the financialcontroller.(5)Ifafinancialcontrollerisappointed,apaymentfromanaccountkeptbythelocalgovernmentwithafinancialinstitution may
be made only by—(a)a cheque countersigned by the
financial controller; orCurrent as at [Not applicable]Page
103
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 119](b)an
electronic funds transfer authorised by the financialcontroller.(6)Ifthefinancialcontrollerreasonablybelievesadecision,resolution or
order to make a payment is financially unsound,the financial
controller must—(a)refuse to make a payment; and(b)advise the department’s chief
executive about why thedecision, resolution or order is
financially unsound.(7)A decision,
resolution or order isfinancially unsoundif
thedecision, resolution or order—(a)may cause the local government to
become insolvent; or(b)willresultinunlawfulexpenditurebythelocalgovernment;
or(c)willresultinadisbursementfromafundthatisnotprovided for in
the local government’s budget; or(d)willresultinexpenditurefromgrantmoneysforapurpose other
than the purpose for which the grant wasgiven.119Costs and expenses of advisors and
financial controllers(1)Thedepartment’schiefexecutivemaydirectalocalgovernmentforwhichanadvisororfinancialcontrollerisappointed to pay the Minister a stated
amount for—(a)thesalaryandallowancespayabletotheadvisororfinancial controller; and(b)thecostsandexpensesoftheadvisororfinancialcontroller.(2)The
direction may state a time for payment.(3)The
stated amount is a debt payable to the State.Page 104Current as at [Not applicable]
Division 3Local Government
Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 120]Action by the
MinisterNotauthorised—indicativeonly120Precondition to remedial action(1)ThissectionappliesiftheMinisterproposestoexerciseapower under this division.(2)The Minister must give the local
government or councillor inquestion a
written notice of the proposal to exercise the power,before the power is exercised,
unless—(a)the local government or councillor
asked the Minister toexercise the power; or(b)iftheMinisterproposestoexerciseapowerundersection 122or123—thetribunalhasmadearecommendationundersection 180tosuspendordismiss a councillor; or(c)the
Minister considers that giving notice—(i)is
likely to defeat the purpose of the exercise of thepower; or(ii)would serve no useful purpose.(3)The notice must state—(a)the power that the Minister proposes
to exercise; and(b)the reasons for exercising the power;
and(c)anyremedialactionthatthelocalgovernmentorcouncillor should take; and(d)a reasonable time within which the
local government orcouncillor may make submissions to the
Minister aboutthe proposal to exercise the power.(4)The reasons stated in the notice are
the only reasons that canbe relied on in support of the
exercise of the power.(5)TheMinistermusthaveregardtoallsubmissionsthataremade by the local government or
councillor within the timespecified in the notice.(6)If—Current as at
[Not applicable]Page 105
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 121](a)theMinisterreceivesnosubmissionsfromthelocalgovernmentorcouncillorwithinthetimespecifiedinthe notice; or(b)the
submissions from the local government or councillordonotcontainreasonablegroundstopersuadetheMinister not to exercise the power;the
Minister may exercise the power without further notice tothe
local government or councillor.121Removing unsound decisions(1)This section applies if the Minister
reasonably believes that adecisionofthelocalgovernmentiscontrarytoanylaworinconsistent with the local government
principles.(2)Adecisionis—(a)a resolution;
or(b)an order to give effect to a
resolution; or(c)a planning scheme; or(d)a part of a decision mentioned in
paragraphs (a) to (c).(3)The Minister, by
a gazette notice, may—(a)suspendthedecision,foraspecifiedperiodorindefinitely; or(b)revoke the decision.(4)The
gazette notice must state—(a)howthedecisioniscontrarytoalaworinconsistentwith the local
government principles; and(b)if the decision
has been suspended—how the decisionmay be amended
so that it is no longer contrary to thelaw or
inconsistent with the local government principles.(5)IftheMinistersuspendsthedecision,thedecisionstopshaving effect for the period specified in
the gazette notice.(6)If the Minister revokes the
decision—Page 106Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 122](a)the
decision stops having effect on the day specified inthe
gazette notice; or(b)if no day is specified in the gazette
notice—the decisionis taken to never have had effect.(7)The State is not liable for any loss
or expense incurred by aperson because a local government’s
decision is suspended orrevoked under this section.122Removing a councillor(1)This section applies if—(a)thetribunalrecommendsundersection 180thatacouncillor be suspended or dismissed;
or(b)theMinisterreasonablybelievesthatacouncillorhasseriously or continuously breached the local
governmentprinciples; or(c)theMinisterreasonablybelievesthatacouncillorisincapable of performing their
responsibilities.(2)The Minister may recommend that the
Governor in Council—(a)ifthetribunalrecommendsthatacouncillorbesuspendedordismissed—suspendordismissthecouncillor; or(b)if
the proposal in the Minister’s notice under section 120wastosuspendthecouncillorforastatedperiod—suspend the councillor for a period that is
no longer thanthe stated period; or(c)if
the proposal in the Minister’s notice under section 120was
to dismiss the councillor—suspend or dismiss thecouncillor.(3)TheGovernorinCouncilmaygiveeffecttotheMinister’srecommendation
under a regulation.123Dissolving a local government(1)This section applies if—Current as at [Not applicable]Page
107
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 124](a)thetribunalrecommendsundersection 180thateverycouncillor be
suspended or dismissed; or(b)the Minister
reasonably believes that a local governmenthasseriouslyorcontinuouslybreachedthelocalgovernment
principles; or(c)the Minister reasonably believes that
a local governmentis incapable of performing its
responsibilities.(2)The Minister may recommend that the
Governor in Council—(a)dissolve the
local government; and(b)appoint an
interim administrator to act in place of thecouncillorsuntiltheconclusionofafreshelectionofcouncillors.(3)TheGovernorinCouncilmaygiveeffecttotheMinister’srecommendation
under a regulation.(4)The regulation has effect in
accordance with the requirementsof theConstitution of Queensland 2001,
chapter 7, part 2.(5)ItisParliament’sintentionthatafreshelectionofthecouncillors of
the local government should be held as soon aspracticableaftertheLegislativeAssemblyratifiesthedissolution of the local government.124Interim administrator acts for the
councillors temporarily(1)This section
applies if an interim administrator is appointed toact
in place of the councillors of a local government.(2)Theinterimadministratorhasalltheresponsibilitiesandpowers of—(a)the
local government; and(b)the
mayor.(3)However,aregulationmaylimittheresponsibilitiesandpowers of the interim administrator.(4)Theinterimadministratormustexercisepowerunderthenameof‘interimadministratorofthe(nameofthelocalgovernment)’.Page 108Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 125](5)ThisActandotherActsapplytotheinterimadministrator,with all
necessary changes, and any changes prescribed underaregulation,asiftheinterimadministratorwerethelocalgovernment.(6)The
Governor in Council may direct a local government forwhichaninterimadministratorisappointedtopaytotheMinister an amount specified in the
direction for the costs andexpenses of the
interim administrator.(7)The specified
amount may include the salary and allowancespayable to an
officer of the public service who is appointed asinterim administrator.(8)The
direction may specify a time for payment.(9)The
specified amount is a debt payable to the State.(10)The Minister may
create an advisory committee to give theinterimadministratoradviceabouttheperformanceofthelocal government’s
responsibilities.Part 2The
publicDivision 1Powers of
authorised personsSubdivision 1Introduction125What
this division is about(1)Thisdivisionisaboutthepowersthatmaybeusedbyanauthorised
person.(2)Anauthorised
personis a person who is appointed under
thisActtoensurethatmembersofthepubliccomplywiththeLocal Government Acts.Note—See chapter 6,
part 6 for more information about the appointment ofauthorised persons.Current as at
[Not applicable]Page 109
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 126](3)Thepowersofanauthorisedpersonincludethepower,incertain circumstances—(a)to
ask a person for their name and address; and(b)to
enter a property, including private property.(4)Private propertyis a property
that is not a public place.(5)Apublic placeis a place, or
that part of a place, that—(a)is
open to the public; or(b)is used by the
public; or(c)the public is entitled to use;whether or not on payment of money.Example—A person uses a
room at the front of their home as a business office.While the business office is open to the
public it is a public place.However, the
home is private property and not part of the public place.(6)Anoccupierof a
property includes a person who reasonablyappears to be
the occupier of, or in charge of, the property.(7)Force must not be used to enter a property
under this division,other than when the property is
entered under a warrant thatauthorises that
use of force.126Producing authorised person’s identity
card(1)Anauthorisedpersonmayexerciseapowerunderthisdivision,inrelationtoaperson,onlyiftheauthorisedperson—(a)first produces his or her identity
card for the person toinspect; or(b)hashisorheridentitycarddisplayedsoitisclearlyvisible to the person.(2)However, if for any reason it is not
practicable to comply withsubsection (1),theauthorisedpersonmustproducetheidentity card for the person’s
inspection at the first reasonableopportunity.Page 110Current as at [Not applicable]
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 127]Subdivision
2Power to require a person’s nameand
addressNotauthorised—indicativeonly127Power to require a person’s name and
address(1)This section applies if an authorised
person—(a)findsapersoncommittinganinfringementnoticeoffence; or(b)finds a person in circumstances that lead
the authorisedpersontosuspect,onreasonablegrounds,thatthepersonhasjustcommittedaninfringementnoticeoffence; or(c)hasinformationthatleadstheauthorisedpersontosuspect,onreasonablegrounds,thatapersonhasjustcommitted an
infringement notice offence.(2)AninfringementnoticeoffenceisanoffenceprescribedundertheStatePenaltiesEnforcementAct1999tobeaninfringement
notice offence.(3)Theauthorisedpersonmayrequirethepersontostatetheperson’s name and address.(4)If the authorised person does so, the
authorised person mustalso warn the person that it is an
offence to fail to state theperson’s name
and address, unless the person has a reasonableexcuse.(5)Theauthorisedpersonmayrequirethepersontogiveevidenceoftheperson’snameoraddressiftheauthorisedperson suspects,
on reasonable grounds, that the person hasgiven a false
name or address.(6)Thepersonmustcomplywithanauthorisedperson’srequirement under subsection (3) or (5),
unless the person hasa reasonable excuse.Maximum penalty—35 penalty units.(7)However,thepersondoesnotcommitanoffenceundersubsection (6), if the person is not proved
to have committedthe infringement notice offence.Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 128]Subdivision
3Powers to enter property etc.128Entering a public place that is open
without the need forpermission(1)This
section applies if an authorised person wants to enter apublic place to ensure that the public place
complies with theLocal Government Acts.(2)The
authorised person may enter the public place, without thepermissionoftheoccupieroftheplace,iftheplaceisnotclosed to the public (by a locked
gate, for example).129Entering private property with, and in
accordance with,the occupier’s permission(1)An authorised person may enter private
property, that is notclosed to entry by the public (by a
locked gate, for example),in order to ask the occupier of the
property for permission tostayonthepropertyandexercisepowersunderaLocalGovernment
Act.(2)Whenaskingtheoccupierforpermission,theauthorisedperson must
inform the occupier—(a)of the purpose
of entering the property; and(b)that
any thing or information that the authorised personfinds on the property may be used as
evidence in court;and(c)that the
occupier is not obliged to give permission.(3)If
the occupier gives permission, the authorised person mayasktheoccupiertosignadocumentthatconfirmsthattheoccupier has given permission.(4)The document must state—(a)that the authorised person informed
the occupier—(i)of the purpose of entering the
property; andPage 112Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 129](ii)thatanythingorinformationthattheauthorisedpersonfindsonthepropertymaybeusedasevidence in court; and(iii)thattheoccupierwasnotobligedtogivethepermission; and(b)that
the occupier gave the authorised person permissionto
enter the property and exercise powers under a LocalGovernment Act; and(c)thedateandtimewhentheoccupiergavethepermission.(5)Iftheoccupiersignsthedocument,theauthorisedpersonmustimmediatelygiveacopyofthedocumenttotheoccupier.(6)If,
in any proceedings—(a)aquestionarisesastowhethertheoccupierofaproperty gave permission to allow an
authorised personto stay on the property under this Act;
and(b)a document that confirms the occupier
gave permissionis not produced in evidence;thecourtmayassumethattheoccupierdidnotgivethepermission, unless the contrary is
proved.(7)If the occupier gives permission, the
authorised person maystay on the property and exercise the
powers that the occupierhas agreed to be exercised on the
property.(8)However, the right to stay on the
property—(a)issubjecttoanyconditionsthattheoccupierimposes(includingaboutthetimeswhenthepropertymaybeentered, for example); and(b)may be cancelled by the occupier at
any time.Current as at [Not applicable]Page
113
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 130]130Entering private property with, and in
accordance with, awarrant(1)An
authorised person may enter private property with, and inaccordance with, a warrant.(2)An authorised person must apply to a
magistrate for a warrant.(3)The application
for the warrant must—(a)beintheformapprovedbythedepartment’schiefexecutive; and(b)be
sworn; and(c)state the grounds on which the warrant
is sought.(4)The magistrate may refuse to consider
the application until theauthorised person gives the magistrate
all the information thatthe magistrate requires about the
application, in the way thatthe magistrate
requires.Example—The magistrate
may require additional information in support of theapplication to be given by statutory
declaration.(5)The magistrate may issue the warrant
only if the magistrate issatisfied that there are reasonable
grounds for suspecting—(a)there is a
particular thing or activity that may provideevidence of an
offence against a Local Government Act(theevidence); and(b)theevidenceisattheplace,ormaybeattheplacewithin the next
7 days.(6)The warrant must state—(a)the evidence for which the warrant is
issued; and(b)thattheauthorisedpersonmay,withnecessaryandreasonablehelpandforce,enterthepropertyandexercise an authorised person’s powers under
this Act;and(c)the hours of the
day or night when the property may beentered;
andPage 114Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 131](d)the
day (within 14 days after the warrant’s issue) whenthe
warrant ends.(7)The magistrate must keep a record of
the reasons for issuingthe warrant.(8)A
warrant is not invalidated by a defect in the warrant, or incompliancewithsection 131,unlessthedefectaffectsthesubstance of the warrant in a material
particular.(9)As soon as an authorised person enters
private property underawarrant,theauthorisedpersonmustdo,ormakeareasonable attempt to do, the following
things—(a)inform any occupier of the
property—(i)of the reason for entering the
property; and(ii)that the warrant
authorises the authorised person toenterthepropertywithoutthepermissionoftheoccupier;(b)give
any occupier a reasonable opportunity to allow theauthorisedpersontoimmediatelyenterthepropertywithout using
force.(10)However, the
authorised person does not need to comply withsubsection
(9)iftheauthorisedpersonbelievesthatimmediateentrytothepropertyisrequiredtoensurethewarrant is effectively executed.131Warrants—applications made
electronically(1)An authorised person may make an
electronic application forawarrantiftheauthorisedpersonconsidersitnecessarybecause
of—(a)urgent circumstances; or(b)special circumstances (including the
authorised person’sremote location, for example).(2)Anelectronic
applicationis an application made by phone,fax,radio,email,videoconferencingoranotherformofelectronic communication.Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 131](3)Theauthorisedpersonmustprepareanapplicationforthewarrant that states the grounds on
which the warrant is sought,before applying
for the warrant.(4)However,theauthorisedpersonmayapplyforthewarrantbefore the
application is sworn.(5)The magistrate
may issue the warrant only if the magistrate issatisfied
that—(a)it was necessary to make the
application electronically;and(b)the way that the application was made
was appropriatein the circumstances.(6)Ifthemagistrateissuesthewarrant,anditisreasonablypracticabletosendacopyofthewarranttotheauthorisedperson(byfaxoremail,forexample),themagistratemustimmediately do so.(7)If
it is not reasonably practicable to send a copy of the
warrantto the authorised person—(a)the magistrate must—(i)inform the authorised person of the
date and timewhen the magistrate signed the warrant;
and(ii)informtheauthorisedpersonofthetermsofthewarrant;
and(b)the authorised person must write on a
warrant form—(i)the magistrate’s name; and(ii)the date and
time when the magistrate signed thewarrant;
and(iii)the terms of the
warrant.(8)The copy of the warrant sent to the
authorised person, or thewarrantformproperlycompletedbytheauthorisedperson,authorises the authorised person to enter
the property, and toexercise the powers, mentioned in the
warrant that was signedby the magistrate.Page 116Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 132](9)Theauthorisedpersonmust,atthefirstreasonableopportunity,
send the magistrate—(a)the sworn
application; and(b)if the authorised person completed a
warrant form—thecompleted warrant form.(10)When
the magistrate receives those documents, the magistratemustattachthemtothewarrantthatwassignedbythemagistrate, and give the warrant to
the clerk of the court.(11)Unlessthecontraryisproven,acourtmustpresumethatapower exercised by an authorised
person was not authorisedby a warrant issued under this section
if—(a)a question arises, in any proceedings
before the court,whethertheexerciseofpowerwasauthorisedbyawarrant; and(b)the
warrant is not produced in evidence.132Entering under an application, permit or
notice(1)This section applies if an authorised
person wants to enter aproperty—(a)to
inspect the property in order to process an applicationmade
under any Local Government Act; or(b)toinspectarecordthatisrequiredtobekeptforabudget accommodation building under
the Building Act,chapter 7; or(c)to
find out whether the conditions on which a permit ornotice was issued have been complied with;
or(d)to inspect work that is the subject
of, or was carried outunder, a permit or notice.(2)Apermitisanapproval,authorisation,consent,licence,permission,registrationorotherauthorityissuedunderanyLocal Government Act.(3)Anoticeis a
notice issued under any Local Government Act.Current as at
[Not applicable]Page 117
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 133](4)Theauthorisedpersonmayenterthepropertywithoutthepermission of the occupier of the
property—(a)at any reasonable time during the day;
or(b)at night, if—(i)theoccupierofthepropertyaskstheauthorisedperson to enter
the property at that time; or(ii)theconditionsofthepermitallowtheauthorisedperson to enter
the property at that time; or(iii)the
property is a public place and is not closed tothe
public.(5)However, the authorised person—(a)must,assoonastheauthorisedpersonenterstheproperty, inform any occupier of the
property—(i)of the reason for entering the
property; and(ii)that the
authorised person is authorised under thisAct to enter the
property without the permission ofthe occupier;
and(b)mayenterahomethatisonthepropertyonlyiftheoccupieroftherelevantpartofthepropertyaccompanies the
authorised person.133Entering property under an approved
inspection program(1)An authorised person may enter a
property (other than a homeon the property)
without the permission of the occupier of theproperty, at any
reasonable time of the day or night, under anapproved
inspection program.(2)Anapproved
inspection programis a program, approved by alocalgovernment,underwhichanauthorisedpersonmayenter and inspect properties in the
local government area toensure the Local Government Acts are
being complied with.Example of an approved inspection
program—a program to ensure that swimming pools are
fenced in accordance witha local lawPage 118Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 134](3)The
local government must give, or must make a reasonableattempt to give, the occupier of the
property a written noticethat informs the occupier of the
following—(a)the local government’s intention to
enter the property;(b)the reason for entering the
property;(c)an estimation of when the property
will be entered.Example—A local
government may give the written notice to an occupier of aproperty by dropping a flyer in the
letterbox for the property.(4)Thelocalgovernmentmustgive,ormakeareasonableattempttogive,thewrittennoticetotheoccupierwithinareasonable time before the property is to be
entered.(5)The authorised person—(a)must,assoonastheauthorisedpersonenterstheproperty, inform any occupier of the
property—(i)of the reason for entering the
property; and(ii)that the
authorised person is authorised under thisAct to enter the
property without the permission ofthe occupier;
and(b)mayenterabudgetaccommodationbuildingontheproperty only to
monitor compliance with the BuildingAct, chapter
7.134Approving an inspection program(1)A local government may, by resolution,
approve the followingtypes of inspection programs—(a)a systematic inspection
program;(b)a selective inspection program.(2)Asystematic
inspection programallows an authorised personto
enter and inspect all properties, or all properties of a
certaintype, in the local government area.Current as at [Not applicable]Page
119
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 134]Notauthorised—indicativeonly(3)Aselective inspection programallows an authorised personto
enter and inspect those properties in the local governmentareathathavebeenselectedinaccordancewithobjectivecriteria
specified in the resolution.(4)The
resolution must state—(a)the purpose of
the program; and(b)when the program starts; and(c)for a systematic inspection program
that allows a type ofproperty to be entered and inspected—a
description ofthe type of property; and(d)foraselectiveinspectionprogram—theobjectivecriteriaforselectingthepropertiestobeenteredandinspected; and(e)the
period (of not more than 3 months or another periodprescribed under a regulation) over which
the programis to be carried out.(5)Thelocalgovernmentmustgivethepublicnoticeoftheapproval of an
inspection program, at least 14 days, but notmore than 28
days, before the approved inspection programstarts.(6)The notice must be published—(a)in a newspaper that is circulating
generally in the localgovernment area; and(b)on the local government’s
website.(7)The notice must state the
following—(a)the name of the local
government;(b)the purpose and scope of the program,
in general terms;(c)when the program starts;(d)the period over which the program is
to be carried out;(e)that the public may inspect a copy of
the resolution thatapproved the program at the local
government’s publicoffice until the end of the program;Page
120Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 134A](f)that
a copy of the resolution that approved the programmaybepurchasedatthelocalgovernment’spublicoffice until the end of the program;(g)the price of a copy of the resolution
that approved theprogram.(8)Thepriceofacopyoftheresolutionthatapprovedtheprogrammustbenomorethanthecosttothelocalgovernment of
making the copy available for purchase.(9)From
the time when the notice is published in the newspaperuntil the end of the program—(a)thepublicmayinspectacopyoftheresolutionthatapproved the program at the local
government’s publicoffice; and(b)copies of the resolution that approved the
program mustbeavailableforpurchaseatthelocalgovernment’spublic office at
the price stated in the notice.134AEntry
by authorised person, at reasonable times, toinspect regulated
pools(1)Atallreasonabletimes,anauthorisedpersonmayenteraproperty(otherthanahomeontheproperty)withoutpermissionoftheoccupierofthepropertytoinspectaregulatedpool,andbarriersorfencingforthepool,forcompliance with—(a)if,
under the Building Act, the owner of the pool mustensure the pool complies with the pool
safety standardorapartofthestandard—thepoolsafetystandardorpart; or(b)ifparagraph(a)doesnotapply—aprovisionofalawthat
regulates—(i)theconstructionormaintenanceofbarriersorfencing for the pool; or(ii)anothermatterrelatingtothesafetyofpersonsusing the
pool.Current as at [Not applicable]Page
121
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 135](2)However,theauthorisedpersonmust,assoonastheauthorised person enters the
property—(a)inform any occupier of the
property—(i)of the reason for entering the
property; and(ii)that the
authorised person is authorised under thisAct to enter the
property without the permission ofthe occupier;
and(b)produce his or her identity card for
the occupier of theproperty to inspect.(3)In
this section—pool safety standardsee the Building
Act, section 231D.135General powers after entering a
property(1)This section explains the powers that
an authorised person hasafter entering a property, other than
entering a property—(a)to ask the
occupier of the property for permission to stayon the property;
or(b)under section 132, 133 or 134A.(2)The authorised person may—(a)search any part of the property;
or(b)inspect, test, photograph or film
anything that is in or onthe property; or(c)copy
a document that is in or on the property; or(d)takesamplesoforfromanythingthatisinorontheproperty;
or(e)take into or onto the property any
persons, equipmentandmaterialsthattheauthorisedpersonreasonablyrequires for
exercising the authorised person’s powers;or(f)require the occupier of the property,
or a person in or ontheproperty,togivetheauthorisedpersonreasonablePage 122Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 136]helptoexercisetheauthorisedperson’spowersunderparagraphs (a) to (e).(3)Anauthorisedpersonmayexerciseapowerundersubsection (2) only if exercising the power
is necessary for thepurpose related to the entry of the
property.(4)Ifapersonisrequiredtogivereasonablehelpundersubsection
(2)(f),thepersonmustcomplywiththerequirement, unless the person has a
reasonable excuse.Maximum penalty—8 penalty units.(5)If the requirement is to be complied
with by the person givinginformationorproducingadocument,itisareasonableexcuse for the
person to fail to comply with the requirement ifcomplying with the requirement might
incriminate the person.136Authorised person
to give notice of damage(1)This section
applies if—(a)something is damaged by—(i)an authorised person, when the
authorised personexercises a power under this division;
or(ii)a person who is
authorised by an authorised personto take action
under this division, when the persontakes the
action; or(b)the authorised person considers, on
reasonable grounds,that the damage is more than trivial
damage.(2)The authorised person must immediately
give written noticeof the particulars of the damage to the
person who appears tobe the owner of the thing that was
damaged.(3)However, if for any reason it is not
practicable to do so, theauthorisedpersonmustleavethenotice,inareasonablysecure way and
in a conspicuous position, at the place wherethe thing was
damaged.(4)Theownerofathingincludesapersoninpossessionorcontrol of the thing.Current as at
[Not applicable]Page 123
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 137](5)If
the authorised person believes the damage was caused by alatent defect in the thing, or other
circumstances beyond theauthorised person’s control, the
authorised person may statethat in the
notice.Notauthorised—indicativeonly137Compensation for
damage or loss caused after entry(1)If a
person incurs damage or loss because of the exercise, orpurported exercise, of a power under this
division, the localgovernment must pay the person
compensation.(2)The compensation equals—(a)theamountagreedbetweenthepersonandlocalgovernment;
or(b)ifthepersonandlocalgovernmentcannotagree,theamount that is decided by a court.(3)The person may claim the compensation
in—(a)any proceedings for compensation;
or(b)anyproceedingsbroughtagainstthepersonforanoffence against any Local Government
Act.(4)A court may order compensation to be
paid only if the court issatisfied it is just to do so in all
the circumstances.(5)Aregulationmayprescribemattersthatmay,ormust,betaken into account by the court when
considering whether it isjust to make the order.(6)Thecourtmaymakeanyorderaboutcoststhatthecourtconsiders
just.Division 2Powers of other
persons138What this division is about(1)This division is about the powers that
may be used—(a)toenablealocalgovernmenttoperformitsresponsibilities; orPage 124Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 138](b)to
ensure that a person complies with this Act, and theother Local Government Acts, including by
complyingwith a remedial notice.(2)This
division explains the circumstances in which a person isauthorised to enter a property under this
division, namely—(a)inapotentiallydangeroussituation,totakeurgentaction; or(b)to
take action in relation to local government facilitieson
the property (including water or sewerage pipes, forexample); or(c)with(andinaccordancewith)thepermissionoftheoccupier of the property; or(d)with (and in accordance with) a court
order; or(e)with (and in accordance with) a
reasonable entry notice.(3)Thefollowingpersonsmayenterapropertyunderthisdivision—(a)if the occupier of the property is not
the owner of theproperty—the owner or the owner’s
employee;(b)a local government worker.(4)Alocal government
workeris an employee, or agent, of thelocal government who is authorised by the
local governmentto act under this division.Note—Not every
employee or agent of the local government would ordinarilybe
authorised to act under this division.(5)However, the local government may authorise
an employee oragent to act under this division only if the
employee or agentisappropriatelyqualifiedortrainedtoexerciseapowerorperform a responsibility under this
division.(6)Force must not be used to enter a
property under this division,unlessthepropertyisenteredunderacourtorderthatspecifically
authorises the use of that force.Current as at
[Not applicable]Page 125
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 138AA]138AA Notices for
this division(1)Aremedial
noticeis a written notice that requires the
owneroroccupierofapropertytotakeactionunderaLocalGovernment Act
in relation to the property (including fencinga pool, for
example).(2)A remedial notice may only be given by
a local government tothe person who, under a Local
Government Act, is required totake the action
stated in the notice.(3)Areasonable entry noticeis a written
notice about a proposedentry of a property that—(a)informs the owner or occupier of the
property of—(i)who is to enter the property;
and(ii)the reason for
entering the property; and(iii)thedaysandtimeswhenthepropertyistobeentered;
and(b)is given to the owner or occupier of
the property at least7 days before the property is proposed
to be entered.(4)A remedial notice and a reasonable
entry notice may not becombined unless—(a)theownerofthepropertyisalsotheoccupieroftheproperty; or(b)the
occupier of the property is the person who, under aLocalGovernmentAct,isrequiredtotaketheactionstated in the
remedial notice.(5)Anoticegivenunderthisdivisionincontraventionofthissection is of no
effect.138AIdentity card for use under this
division(1)A local government is not required to
give a local governmentworkeranidentitycardunlesstheworkerisexercisingapower of entry under this division.(2)This section does not stop a single
identity card being issuedto a person for this Act and for
another purpose.Page 126Current as at
[Not applicable]
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 139](3)A
person who stops being a local government worker mustreturntheperson’sidentitycardtothelocalgovernmentwithin21daysafterstoppingbeingalocalgovernmentworker, unless
the person has a reasonable excuse.Maximum penalty
for subsection (3)—10 penalty units.Notauthorised—indicativeonly139Entry with, and in accordance with,
permission ofoccupier(1)Any
person may enter a property with the permission of theoccupier of the property.(2)However, the right to enter the
property—(a)issubjecttoanyconditionsthattheoccupierimposes(includingaboutthetimeswhenthepropertymaybeentered, for example); and(b)may be cancelled by the occupier at
any time.140Entry by an owner, with reasonable
entry notice, under aremedial notice(1)This
section applies if—(a)a local government gives a remedial
notice to the ownerof a property; and(b)the
owner is not the occupier of the property.(2)After the owner gives a reasonable entry
notice to the occupierof the property, the owner or the
owner’s agent may—(a)enter the property at the times stated
in the reasonableentry notice; and(b)taketheactionthatisrequiredundertheremedialnotice.(3)If the occupier asks to inspect the
remedial notice, the ownermust allow the occupier to inspect the
remedial notice.(4)This section does not affect any
rights that the owner has apartfrom this
section.Current as at [Not applicable]Page
127
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 141]141Occupier may discharge owner’s
obligations(1)This section applies if—(a)the owner of a property fails—(i)to take the action in relation to the
property that isrequired under a remedial notice; or(ii)topaymoneythatispayableinrelationtotheproperty under a Local Government Act
(includingrates, for example); and(b)theoccupierofthepropertyisnottheowneroftheproperty.(2)The occupier of the property
may—(a)take the action that is required, and
recover the amountthattheoccupierproperlyandreasonablyincursintaking the action as a debt payable by
the owner; or(b)pay the money that is payable, and
recover the money asa debt payable by the owner.(3)Forexample,iftheoccupieristheowner’stenant,theoccupiermaydeductthemoneyfromanyrentthattheoccupierowestheowner,withoutbeinginbreachofthetenancy agreement.142Entry
by a local government worker, with reasonableentry notice,
under a remedial notice(1)This section
applies if—(a)a local government gives a remedial
notice to the owneror the occupier of a property (theresponsible person);and(b)the responsible
person fails to take the action requiredunder the
remedial notice.(2)After giving a reasonable entry notice
to the occupier of theproperty, a local government worker
may—(a)enter the property (other than a home
on the property)without the permission of the occupier;
andPage 128Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 143](b)taketheactionthatisrequiredundertheremedialnotice.(3)However, the local government worker
must, as soon as thelocal government worker enters the
property—(a)inform any occupier of the
property—(i)of the reason for entering the
property; and(ii)thatthelocalgovernmentworkerisauthorisedunderthisActtoenterthepropertywithoutthepermission of the occupier; and(b)produce his or her identity card for
the occupier of theproperty to inspect.(4)The
local government may recover the amount that the localgovernmentproperlyandreasonablyincursintakingtheaction as a debt payable by the person who
failed to take theaction.(5)Interest is payable on the debt at the same
rate that interest ispayable on overdue rates levied by the
local government.(6)The local government must give the
person who failed to takethe action written notice of the
amount of the debt.(7)Subsection (8)appliesifthepersonwhofailedtotaketheaction is the owner of the property.(8)Ifthedebtisnotpaidwithin30daysafterthedateofthewritten notice, the local government
may recover the debt as ifthe debt were overdue rates.143Entry by a local government worker,
with reasonableentry notice, to take materials(1)Thissectionappliesif,inthecircumstances,alocalgovernmenthasnootherreasonablypracticablewayofobtaining materials other than by
removing the materials fromrelevant
land.(2)Relevant landmeans land,
other than protected land, that is—(a)within the local government area; orCurrent as at [Not applicable]Page
129
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 143]Notauthorised—indicativeonly(b)if the local
government has the written approval of theMinister, under
section 9(4)(b)(i), to exercise its powersoutsideitslocalgovernmentarea—outsideitslocalgovernment area;
or(c)if the local government may exercise a
power in anotherlocalgovernment’sareaforthepurposeofajointgovernmentactivity—withintheotherlocalgovernment’s area.(3)Protected landis land that
is—(a)thesiteof,orcurtilagearound,ahomeorotherstructure;
or(b)a court, lawn, park, planted walk or
avenue or yard; or(c)undercultivation(includingagarden,nurseryorplantation, for example); or(d)a state forest or timber reserve under
the Forestry Act; or(e)aprotectedareaundertheNatureConservationAct1992; or(f)thewettropicsareaundertheWetTropicsWorldHeritage Protection and Management Act
1993.(4)After giving a
reasonable entry notice to the owner and theoccupieroftherateableland,alocalgovernmentworkermay—(a)enter the land without the permission of the
occupier ofthe land; and(b)search for materials that the local
government requiresto perform its responsibilities; and(c)remove the materials from the
land.Example—A local
government may remove dirt from the land for use in moppingup
an oil spill on a neighbouring road to prevent the oil entering
astormwater drain.(5)However, the local government worker must,
as soon as thelocal government worker enters the
property—Page 130Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 144](a)inform any occupier of the property—(i)of the reason for entering the
property; and(ii)thatthelocalgovernmentworkerisauthorisedunderthisActtoenterthepropertywithoutthepermission of the occupier; and(b)produce his or her identity card for
the occupier of theproperty to inspect.(6)The
local government worker must not search for, or removematerials from, within 50m of any structure
or works on theland (including a home, bridge, dam or
wharf, for example).144Entry by a local government worker, at
reasonable times,to repair etc. facilities(1)At all reasonable times, a local
government worker may enteraproperty(otherthanahomeontheproperty)withoutthepermission of the occupier of the
property—(a)to investigate the future installation
of local governmentfacilities on, over or under the property;
or(b)to install local government facilities
on, over or underthe property; or(c)to
inspect, maintain, operate, repair, replace or removelocal government facilities, that are on,
over or under theproperty, for their routine
operations.(2)Local government facilitiesare
facilities that are installed bya local
government (including sewerage pipes, for example).(3)However, the local government worker
must, as soon as thelocal government worker enters the
property—(a)inform any occupier of the
property—(i)of the reason for entering the
property; and(ii)thatthelocalgovernmentworkerisauthorisedunderthisActtoenterthepropertywithoutthepermission of the occupier; andCurrent as at [Not applicable]Page
131
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 145](b)produce his or her identity card for the
occupier of theproperty to inspect.Notauthorised—indicativeonly145Entry by a local
government worker, at any time, forurgent
action(1)A local government worker may enter a
property (other than ahome on the property), at any time
without the permission oftheoccupieroftheproperty,inapotentiallydangeroussituation to take urgent action for local
government purposes.Example—A local
government worker may enter a property to cut down a tree
thatwas blown over in a storm and is in danger
of falling and injuringsomeone or damaging property.(2)However,thelocalgovernmentworkermust,assoonasreasonablypracticableafterthelocalgovernmentworkerenters the property—(a)inform any occupier of the property—(i)of the reason for entering the
property; and(ii)thatthelocalgovernmentworkerisauthorisedunderthisActtoenterthepropertywithoutthepermission of the occupier; and(b)produce his or her identity card for
the occupier of theproperty to inspect.146Entry
with, and in accordance with, a court order(1)A
person may enter a property with, and in accordance with, acourt order made under this section.(2)The person must apply to a magistrate
for the court order.(3)The application
must—(a)beintheformapprovedbythedepartment’schiefexecutive; and(b)be
sworn; and(c)state the grounds on which the court
order is sought.Page 132Current as at
[Not applicable]
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 146]Notauthorised—indicativeonly(4)The person must, as soon as
practicable, give a copy of theapplication
to—(a)ifthepersonisnottheowneroftheproperty—theowner of the
property; and(b)the occupier of the property.(5)The magistrate may refuse to consider
the application until thepersongivesthemagistratealltheinformationthatthemagistrate requires about the
application in the way that themagistrate
requires.Example—Themagistratemayrequireadditionalinformationsupportingtheapplication to be given by statutory
declaration.(6)Ifthemagistrateissatisfiedthatentrytothepropertyisnecessary to allow the person to take action
under any of theLocal Government Acts, the magistrate may
make the courtorder.(7)The
court order must—(a)direct the occupier of the property to
allow the person toenter the property and take all action that
is necessaryunder any Local Government Act; and(b)statethehoursofthedayornightwhenthepropertymay be entered;
and(c)statetheday(within14daysafterthecourtorderismade) when the court order
ends.(8)Ifthepersonwhoappliedforthecourtorderisalocalgovernment worker, the court order may
authorise the localgovernment worker to use necessary and
reasonable help andforce to enter the property.(9)The magistrate must record the reasons
for making the courtorder.(10)Assoonasthepersonentersthepropertyunderthecourtorder, the
person must do, or make a reasonable attempt to do,the
following things—(a)inform any occupier of the
property—Current as at [Not applicable]Page
133
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 147](i)of
the reason for entering the property; and(ii)that
the person is authorised under the court orderto enter the
property without the permission of theoccupier;(b)if the court order authorises the
person to use force toentertheproperty—givetheoccupierareasonableopportunity to
allow the person to immediately enter theproperty without
using force.147Compensation for damage or loss
caused(1)A local government worker who enters a
property—(a)must not cause, or contribute to,
damage to any structureor works on the property; and(b)must take all reasonable steps to
ensure that the workercausesaslittleinconvenience,anddoesaslittleotherdamage, as is practicable in the
circumstances.(2)If a person incurs damage or loss
because of the exercise, orpurported
exercise, of a power under this division (includingthe
loss of the value of materials removed from a property, orthe
reduction in the value of the property, for example), thelocal government must pay the person
compensation.(3)The compensation equals—(a)theamountagreedbetweenthepersonandlocalgovernment;
or(b)ifthepersonandlocalgovernmentcannotagree,theamount that is decided by a court.(4)Thecourtmaymakeanyorderaboutcoststhatthecourtconsiders
just.148Limitation of time in absence of
notice of work done(1)This section applies if work is done
on a property without anapproval that is required under a
Local Government Act.Page 134Current as at
[Not applicable]
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 148A](2)Forthepurposesofanylimitationoftimefortakinganyproceedings or doing anything else about the
work, the workis taken to have been done when a local
government workerfirst finds out about the work.Notauthorised—indicativeonlyPart
3Investigation of localgovernment
recordsDivision 1Introduction148AWhat
this part is aboutThis part is about investigations conducted
by the departmentoralocalgovernmentintotheaccuracyofthelocalgovernment’s
registers or records that are required to be keptunder this Act.Division 2Investigations by department148BProducing authorised officer’s
identity card(1)This section applies if the
department’s chief executive directsan authorised
officer to exercise a power under this division.(2)The authorised officer may exercise
the power, in relation to aperson, only if
the officer—(a)first produces his or her identity
card for the person toinspect; or(b)hashisorheridentitycarddisplayedsoitisclearlyvisible to the person.148CMaking of inquiries for department(1)Thissectionappliesifthedepartment’schiefexecutivesuspects or
believes, on reasonable grounds, that informationCurrent as at [Not applicable]Page
135
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 148D]includedinaregisterorrecordofalocalgovernmentisincorrect because of an error or
omission.(2)Anauthorisedofficer,ifdirectedbythedepartment’schiefexecutive,maymakeallinquiriesthechiefexecutiveconsiderstobereasonabletofindoutwhetherandtowhatextent the
register or record is incorrect.148DPower
to require information or document for departmentinvestigation(1)Thissectionappliesifthedepartment’schiefexecutivesuspects or
believes, on reasonable grounds, that—(a)either or both of the following
apply—(i)informationincludedinaregisterorrecordofalocal government is incorrect because
of an erroror omission;(ii)anoffenceagainstthisActhasbeencommittedrelating to a register or record; and(b)a person—(i)isabletogiveinformationabouttheerror,omission or
offence; or(ii)holds a document
relating to the error, omission oroffence.(2)The department’s chief executive or,
if directed by the chiefexecutive, an authorised officer may
require the person to givethe information or produce the
document.(3)Whenmakingtherequirement,thedepartment’schiefexecutive or authorised officer must warn
the person it is anoffencetofailtocomplywiththerequirementunlesstheperson has a reasonable excuse.(4)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—40 penalty units.Page
136Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 148E](5)Ifthepersonisanindividual,itisareasonableexcuseforfailingtocomplywiththerequirementthatgivingtheinformationorproducingthedocumentmighttendtoincriminate the person.(6)It
is a defence in a prosecution under subsection (4) that theinformationordocumentsoughtbythedepartment’schiefexecutiveorauthorisedofficerisnotrelevanttotheerror,omission or offence.(7)If
the person produces the document to the department’s chiefexecutiveorauthorisedofficer,thechiefexecutiveorofficer—(a)maykeepthedocumenttotakeanextractfromitormake a copy of
it; and(b)mustreturnthedocumenttothepersonassoonaspracticable after taking the extract or
making the copy.Division 3Investigations
by local government148EProducing authorised person’s identity
card(1)This section applies if the chief
executive officer directs anauthorised
person to exercise a power under this division.(2)The
authorised person may exercise the power, in relation toanother person, only if the authorised
person—(a)firstproduceshisorheridentitycardfortheotherperson to inspect; or(b)hashisorheridentitycarddisplayedsoitisclearlyvisible to the other person.148FMaking of inquiries for local
government(1)This section applies if the chief
executive officer suspects orbelieves, on
reasonable grounds, that information included inaregisterorrecordofthelocalgovernmentisincorrectbecause of an
error or omission.Current as at [Not applicable]Page
137
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 148G](2)Thechiefexecutiveofficeror,ifdirectedbythechiefexecutive
officer, an authorised person may make all inquiriesthe
chief executive officer considers to be reasonable to findoutwhetherandtowhatextenttheregisterorrecordisincorrect.Notauthorised—indicativeonly148GPower to require
information or document for localgovernment
investigation(1)This section applies if the chief
executive officer suspects orbelieves, on
reasonable grounds, that—(a)either or both
of the following apply—(i)information
included in a register or record of thelocal government
is incorrect because of an erroror
omission;(ii)anoffenceagainstthisActhasbeencommittedrelating to a register or record; and(b)a person—(i)isabletogiveinformationabouttheerror,omission or
offence; or(ii)holds a document
relating to the error, omission oroffence.(2)Thechiefexecutiveofficeror,ifdirectedbythechiefexecutive officer, an authorised person may
require the personto give the information or produce the
document.(3)When making the requirement, the chief
executive officer orauthorised person must warn the person
it is an offence to failtocomplywiththerequirementunlessthepersonhasareasonable excuse.(4)Thepersonmustcomplywiththerequirementunlesstheperson has a reasonable excuse.Maximum penalty—40 penalty units.(5)Ifthepersonisanindividual,itisareasonableexcuseforfailingtocomplywiththerequirementthatgivingthePage
138Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 148H]informationorproducingthedocumentmighttendtoincriminate the person.(6)It
is a defence in a prosecution under subsection (4) that theinformation or document sought by the chief
executive officeror authorised person is not relevant to the
error, omission oroffence.(7)Ifthepersonproducesthedocumenttothechiefexecutiveofficer or authorised person, the chief
executive or authorisedperson—(a)maykeepthedocumenttotakeanextractfromitormake a copy of
it; and(b)mustreturnthedocumenttothepersonassoonaspracticable after taking the extract or
making the copy.148HReferral to department(1)This section applies if, because of
inquiries made under thisdivision, the chief executive officer
concludes on reasonablegrounds that an offence has been
committed under this Actrelating to a register or
record.(2)Thechiefexecutiveofficermustreportthechiefexecutiveofficer’s conclusion, including the reasons
for the conclusion,to the department’s chief executive.(3)Subsection (2)doesnotlimitanydutythechiefexecutiveofficermayhaveundertheCrimeandCorruptionActtonotify the CCC of any complaint,
information or matter thatthechiefexecutiveofficerreasonablysuspectsinvolves,ormay
involve, corrupt conduct under that Act.148IChief
executive officer not subject to directionThe chief
executive officer is not subject to direction by themayor in acting under this division.Current as at [Not applicable]Page
139
Local
Government Act 2009Chapter 5 Monitoring and enforcing the Local
Government Acts[s 149]Part 4OffencesNotauthorised—indicativeonly149Obstructing
enforcement of Local Government Acts etc.(1)Apersonmustnotobstructanofficialintheexerciseofapower under this Act or a local law,
unless the person has areasonable excuse.Maximum
penalty—50 penalty units.(2)Anofficialis any of the
following persons—(a)the Minister;(b)the
department’s chief executive;(c)an
authorised officer;(d)an investigator;(e)the
mayor;(f)the chief executive officer;(g)an authorised person.(3)A person must not obstruct a local
government worker in theexercise of a power under chapter 5,
part 2, division 2, unlessthe person has a reasonable
excuse.Maximum penalty—50 penalty units.Notes—1Local government workers are only those
employees and agents ofa local government who are authorised
to act under chapter 5, part2, division
2.2In particular circumstances a local
government worker may enter aproperty and
carry out work or obtain materials in compliance withchapter 5, part 2, division 2.(4)Ifapersonhasobstructedanofficialorlocalgovernmentworker and the
official or worker decides to proceed with theexercise of the
power, the official or worker must warn theperson
that—(a)it is an offence to obstruct the
official or worker, unlessthe person has a reasonable excuse;
andPage 140Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 150](b)the official or worker considers the
person’s conduct anobstruction.(5)Apersonmustnotpulldown,damage,defaceordestroyaboard or anything else that is displaying a
local law, order,notice or other matter authorised by a local
government.Maximum penalty for subsection (5)—35
penalty units.150Impersonating authorised persons and
authorisedofficers(1)A
person must not pretend to be an authorised person.Maximum penalty—50 penalty units.(2)A person must not pretend to be an
authorised officer.Maximum penalty—50 penalty units.150ADuty to make documents
availableA person who has charge of a document owned
or held by alocal government must not obstruct the
viewing or copying ofthe document by another person who is
authorised to view orcopy the document under this
Act.Example—preventing the
public from viewing a record under section 181A(2)(a)Maximum penalty—10 penalty units.Chapter 6AdministrationPart 1Introduction151What
this chapter is about(1)This chapter
contains provisions about—Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 152](a)personswhoareelectedorappointedtoperformresponsibilities
under this Act; and(b)bodies that are created to perform
responsibilities underthis Act.(2)For
example, this chapter contains provisions about—(a)qualifications for election or
appointment; and(b)acting appointments; and(c)conditions of appointment; and(d)ending appointments.Part
2CouncillorsDivision 1Qualifications of councillors152Qualifications of councillorsA
person is qualified to be a councillor of a local governmentonly
if the person—(a)is an adult Australian citizen;
and(b)resides in the local government’s
area; and(c)is enrolled on an electoral roll kept
under the ElectoralAct, section 58; and(d)is
not disqualified from being a councillor because of asection in this division.Note—See theLocal Government Electoral Act 2011,
section 26 about whomay be nominated as a candidate, or
for appointment, as a councillor.153Disqualification for certain offences(1)A person can not be a
councillor—Page 142Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 153](a)after the person is convicted of a
treason offence, unlessthe person is pardoned of the treason
offence; or(b)for 10 years after the person is
convicted of an electoraloffence; or(c)for7yearsafterthepersonisconvictedofabriberyoffence;
or(d)for 4 years after the person is
convicted of an integrityoffence; or(e)fortheremainderofthetermbeforethenextquadrennial
elections, if the person has been dismissedas a councillor
under section 122 or 123.(2)Atreasonoffenceisanoffenceoftreason,seditionorsabotageunderthelawofQueensland,anotherStateortheCommonwealth.(3)Anelectoral offenceis—(a)adisqualifyingelectoraloffenceundertheElectoralAct; or(b)anoffencethatwouldbeadisqualifyingelectoraloffencehadtheconvictionbeenrecordedafterthecommencementoftheElectoralandOtherActsAmendment Act 2002.(4)Abribery
offenceis an offence against—(a)section 98C of the Criminal Code; or(b)acorrespondinglawofanotherStateortheCommonwealth.(5)Anintegrity offenceis an offence
against—(a)section 171,171A(2)or(3),175C(2),175E(2)or(5),175H, 175I(2) or
(3) or 234; or(b)section 171B(2), if the person is
convicted of an offenceto which paragraph (a) of the penalty
applies; or(c)section 98B, 98E or 98G(a) or (b) of
the Criminal Code.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 154](6)Apersonautomaticallystopsbeingacouncillorwhentheperson is convicted of—(a)a treason offence; or(b)an electoral offence; or(c)a bribery offence; or(d)an integrity offence.(7)A person is taken to have been
convicted of an offence—(a)if the person
appeals the conviction—when the appeal isdismissed,
struck out or discontinued; or(b)if
the person does not appeal the conviction—at the endofthetimewithinwhichanappealmustbylawbestarted.154Disqualification of prisoners(1)Apersoncannotbeacouncillorwhilethepersonisaprisoner.(2)Aprisoneris a person
who—(a)is serving a period of imprisonment;
or(b)is liable to serve a period of
imprisonment, even thoughthepersonhasbeenreleasedfromimprisonment(onparole or leave of absence, for example);
or(c)would be serving a term of
imprisonment had the termof imprisonment not been suspended
under thePenaltiesand Sentences
Act 1992, section 144.(3)Apersonautomaticallystopsbeingacouncillorwhentheperson becomes a prisoner.155Disqualification because of other high
office(1)Apersoncannotbeacouncillorwhilethepersonisagovernment member.(2)Agovernment memberis—Page
144Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 156](a)a member of a Parliament of the
Commonwealth or aState (including Queensland); or(b)a councillor of a local government of
another State.(3)Apersonautomaticallystopsbeingacouncillorwhentheperson becomes a government
member.156Disqualification during
bankruptcy(1)Apersoncannotbeacouncillorwhilethepersonisabankrupt.(2)A
person is abankruptif, under a
bankruptcy law—(a)the person is an undischarged
bankrupt; or(b)the person has executed a deed of
arrangement, and theterms of the deed have not been fully
complied with; or(c)the person’s creditors have accepted a
composition, andafinalpaymenthasnotbeenmadeunderthecomposition.(3)Abankruptcy lawis—(a)theBankruptcy Act
1966(Cwlth); or(b)a
corresponding law of another jurisdiction, including ajurisdiction outside Australia.(4)Apersonautomaticallystopsbeingacouncillorwhentheperson becomes a bankrupt.157Judicial review of
qualifications(1)Anypersonwhoisentitledtovoteinalocalgovernmentelection may
apply for a judicial review of the eligibility, orcontinuedeligibility,ofapersontobeacouncilloronthebasis that the person is disqualified
under this division.(2)This section
does not limit the Judicial Review Act.Current as at
[Not applicable]Page 145
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 158]158Acting as councillor without
authorityApersonmustnotactasacouncillorifthepersonknowsthat—(a)the
person is not qualified to be a councillor; or(b)the
person’s office as a councillor has been vacated.Maximum penalty—85 penalty units.Division 2Councillor’s
term of office159When a councillor’s term startsA
councillor’s term starts on—(a)if
the councillor is elected—the day after the conclusionof
the councillor’s election; or(b)ifthecouncillorisappointed—thedayonwhichthecouncillor is appointed.160When
a councillor’s term endsA councillor’s term ends—(a)if the councillor is elected at a
quadrennial election or atafreshelection—attheconclusionofthenextquadrennial
election; or(b)ifthecouncilloriselectedatafreshelectionandadeclarationisalsomadeunderaregulation—attheconclusionofthequadrennialelectionafterthenextquadrennial
election; or(c)if the councillor is elected or
appointed to fill a vacancyintheofficeofanothercouncillor—attheendoftheother councillor’s term; or(d)when the Legislative Assembly ratifies
the dissolutionof the local government under section 123;
or(e)when the councillor’s office becomes
otherwise vacant.Page 146Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 160A]Note—See section 162
for an explanation of when this happens.Notauthorised—indicativeonly160AExtension of term of councillors
elected at freshelectionsA regulation may
declare that the councillors elected at a freshelection are
elected for a term ending at the conclusion of thequadrennial elections after the next
quadrennial elections.160BCompulsory leave
without payA councillor must take leave without pay for
the duration ofthe period for which the councillor is a
candidate, within themeaning of the Electoral Act, for
election as a member of theLegislative
Assembly.Division 3Vacancies in
councillor’s office161What this division is about(1)Thisdivisionisaboutwhenacouncillor’sofficebecomesvacant, and the
way in which the vacancy is to be filled.(2)The
way in which a vacancy is to be filled depends on—(a)whether the vacancy is in the office
of the mayor or ofanother councillor; and(b)ifthevacancyisinthe
officeofanothercouncillor—whether the
office becomes vacant during the beginning,middle or end of
the local government’s term.(3)Thebeginningof the local
government’s term is the period of12 months
that—(a)startsonthedaywhenthelastquadrennialelectionswere
held; and(b)ends on the day before the first
anniversary of the lastquadrennial elections.Current as at [Not applicable]Page
147
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 162](4)Themiddleof
the local government’s term is the period of 18months
that—(a)startsonthefirstanniversaryofthelastquadrennialelections;
and(b)endsonthedaybeforethefinalpartofthelocalgovernment’s term starts.(5)Thefinal
partof the local government’s term is the
periodthat—(a)starts30monthsafterthelastquadrennialelectionswere
held; and(b)ends on the day before the next
quadrennial elections areheld.162When
a councillor’s office becomes vacant(1)A
councillor’s office becomes vacant if the councillor—(a)is dismissed; or(b)ceases to be qualified to be a councillor
under division1; or(c)isfound,onajudicialreview,tobeineligibletocontinue to be a councillor; or(d)does not comply with section 169;
or(e)is absent, without the local
government’s leave, from 2ormoreconsecutiveordinarymeetingsofthelocalgovernment over
at least 2 months; or(f)resigns as a
councillor by signed notice of resignationgiven to the
chief executive officer; or(g)dies; or(h)becomes a local government employee.(2)Alocal government
employeedoes not include—(a)a
person employed under a federally funded communitydevelopmentprojectforAboriginesorTorresStraitIslanders; orPage 148Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 163](b)a person prescribed under a
regulation.163When a vacancy in an office must be
filled(1)Thissectionexplainswhenavacantofficeofacouncillor(including the
mayor) must be filled.(2)Ifacouncillor’sofficebecomesvacant6monthsormorebefore
quadrennial elections are required to be held, the localgovernment must fill the vacant
office.(3)Thelocalgovernmentmustfillthevacantofficewithin12weeks after the office becomes
vacant.(4)Ifthelocalgovernmentdoesnotdoso,theGovernorinCouncilmayappointaqualifiedpersontofillthevacantoffice.(5)Ifacouncillor’sofficebecomesvacantwithin6monthsofwhen
quadrennial elections are required to be held, the localgovernment may decide not to fill the vacant
office.164Filling a vacancy in the office of
mayor(1)This section applies if the local
government is to fill a vacantoffice of a
mayor.(2)The vacant office must be filled by a
by-election.165Acting mayor(1)The
deputy mayor acts for the mayor during—(a)the
absence or temporary incapacity of the mayor; or(b)a vacancy in the office of
mayor.(2)If—(a)the
office of mayor is vacant and the deputy mayor isprevented,byabsenceortemporaryincapacity,fromacting as the mayor; orCurrent as at
[Not applicable]Page 149
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 166](b)themayoranddeputymayorarebothprevented,byabsenceortemporaryincapacity,fromperformingtherole
of mayor; or(c)theofficesofboththemayoranddeputymayorarevacant;thelocalgovernmentmay,byresolution,appointanactingmayor from its
councillors.(3)A local government may, by resolution,
declare that the officeof deputy mayor is vacant.(4)Theresolutionmaybepassedonlyifwrittennoticeoftheresolution has
been given to the councillors at least 14 daysbefore the
meeting.(5)If a local government declares that
the office of deputy mayoris vacant, it must immediately appoint
another deputy mayorfrom its councillors.166Filling a vacancy in the office of
another councillor(1)This section applies if the local
government is to fill a vacantoffice of a
councillor (theformer councillor) who is not
themayor.(2)If
the office becomes vacant during the beginning of the localgovernment’s term, the local government
must, by resolution,fill the vacant office by
either—(a)a by-election; or(b)appointing the runner-up in the last
election.(3)Therunner-upin
the last election is the person who wouldhave been
elected if the former councillor had not won the lastquadrennial election.(4)If
the office becomes vacant during the middle of the localgovernment’sterm,thevacantofficemustbefilledbyaby-election.Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 166](5)If the office becomes vacant during
the final part of the localgovernment’sterm,thevacantofficemustbefilledbythelocal government appointing, by
resolution, a person who is—(a)qualified to be a councillor; and(b)iftheformercouncillorwaselectedorappointedtoofficeasapoliticalparty’snominee—thepoliticalparty’s nominee.(6)Ifthepersonwhoistobeappointedmustbethepoliticalparty’s nominee, the chief executive officer
must request thepoliticalpartytoadvisethefullnameandaddressofitsnominee.(7)Therequestmustbemadebyawrittennoticegiventothepoliticalparty’sregisteredofficer,within14daysaftertheoffice becomes vacant.(8)If the person who is to be appointed
need not be a politicalparty’s nominee, the chief executive
officer must, within 14daysaftertheofficebecomesvacant,invitenominationsfrom—(a)anypersonwhoisqualifiedtobeacouncillor,bywritten notice published—(i)in a newspaper that is circulating
generally in thelocal government area; and(ii)on the local
government’s website; and(b)each person who
was a candidate for the office of theformercouncilloratthelastquadrennialelection,bywritten notice.(9)If
the chief executive officer receives any nominations fromqualified persons or candidates, the local
government must fillthevacantofficebyappointingoneofthosepersonsorcandidates.Current as at
[Not applicable]Page 151
Local
Government Act 2009Chapter 6 Administration[s 167]Division 4Councillors with
other jobsNotauthorised—indicativeonly167Councillors and
local government jobs(1)If a person
becomes a councillor while the person is a localgovernment employee, the person is taken to
have resigned asalocalgovernmentemployeeonthedaybeforethepersonbecomes a
councillor.(2)Alocal government
employeeincludes an employee of a typeof
entity prescribed under a regulation.(3)However,alocalgovernmentemployeedoesnotincludeaperson who—(a)isemployedunderafederallyfundedcommunitydevelopmentprojectforAboriginesorTorresStraitIslanders; or(b)is a
member of a class of employees that is prescribedunder a regulation.Division 5Obligations of councillors169Obligations of councillors before
acting in office(1)A councillor must not act in office
until the councillor makesthe declaration of office.(2)Thedeclaration of
officeis a declaration prescribed under aregulation.(3)Thechiefexecutiveofficerisauthorisedtotakethedeclaration of office.(4)The
chief executive officer must keep a record of the taking ofthe
declaration of office.(5)Apersonceasestobeacouncillorifthepersondoesnotcomply with subsection (1)
within—(a)1 month after being appointed or
elected; or(b)a longer period allowed by the
Minister.Page 152Current as at
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Local
Government Act 2009Chapter 6 Administration[s 170]170Giving directions to local government
staff(1)The mayor may give a direction to the
chief executive officeror senior executive employees.(2)No councillor, including the mayor,
may give a direction toany other local government
employee.Notauthorised—indicativeonly170ARequests for assistance or
information(1)A councillor may ask a local
government employee provideadvicetoassistthecouncillorcarryouthisorherresponsibilities under this
Act.(2)Acouncillormay,subjecttoanylimitsprescribedunderaregulation,askthechiefexecutiveofficertoprovideinformation,
that the local government has access to, relatingto
the local government.Example of a limit prescribed under a
regulation—A regulation may prescribe the maximum cost
to a local government ofproviding information to a
councillor.(3)Subsection (2) does not apply to
information—(a)that is a record of the regional
conduct review panel orthe tribunal; or(b)if
disclosure of the information to the councillor wouldbe
contrary to an order of a court or tribunal; or(c)thatwouldbeprivilegedfromproductioninalegalproceeding on
the ground of legal professional privilege.(4)A
request of a councillor under subsection (1) or (2) is of noeffectiftherequestdoesnotcomplywiththeacceptablerequests
guidelines.(5)Subsection (4) does not apply
to—(a)the mayor; or(b)thechairpersonofacommitteeofthecounciliftherequest relates to the role of the
chairperson.(6)Theacceptablerequestsguidelinesareguidelines,adoptedby
resolution of the local government, about—Current as at
[Not applicable]Page 153
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 171](a)thewayinwhichacouncillormayaskalocalgovernment employee for advice to help the
councillorcarry out his or her responsibilities under
this Act; and(b)reasonablelimitsonrequeststhatacouncillormaymake.(7)In
this section alocal government employeeincludes a personprescribed under
a regulation.(8)Thechiefexecutiveofficermustmakeallreasonableendeavours to
comply with a request under subsection (2).Maximum penalty
for subsection (8)—10 penalty units.171Use
of information by councillors(1)Apersonwhois,orhasbeen,acouncillormustnotuseinformation that
was acquired as a councillor to—(a)gain, directly or indirectly, a financial
advantage for theperson or someone else; or(b)cause detriment to the local
government.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(2)Subsection (1) does not apply to information
that is lawfullyavailable to the public.(3)A
councillor must not release information that the councillorknows,orshouldreasonablyknow,isinformationthatisconfidential to the local
government.Note—A contravention
of subsection (3) is misconduct that is dealt with by thetribunal.171AProhibited conduct by councillor in
possession of insideinformation(1)This
section applies to a person (theinsider)
who is, or hasbeen, a councillor if the insider—Page
154Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 171A](a)acquired inside information as a
councillor; and(b)knows,oroughtreasonablytoknow,thattheinsideinformation is
not generally available to the public.(2)The
insider must not cause the purchase or sale of an asset ifknowledgeoftheinsideinformationwouldbelikelytoinfluence a reasonable person in deciding
whether or not tobuy or sell the asset.Maximumpenalty—1,000penaltyunitsor2yearsimprisonment.(3)Theinsidermustnotcausetheinsideinformationtobeprovidedtoanotherpersontheinsiderknows,oroughtreasonablytoknow,mayusetheinformationindecidingwhether or not
to buy or sell an asset.Maximumpenalty—1,000penaltyunitsor2yearsimprisonment.(4)In
this section—cause, in relation to
an action, includes the following—(a)carry out the action;(b)instigate the action;(c)direct,orotherwiseinfluence,anotherpersontocarryout or instigate
the action.corporateentitymeansacorporationthatisownedbythelocal government.inside
information, in relation to a local government,
meansinformation about any of the
following—(a)theoperationsorfinancesofthelocalgovernment(includinganybusinessactivityofthelocalgovernment) or any of its corporate
entities;(b)aproposedpolicyofthelocalgovernment(includingproposed changes
to an existing policy);(c)a contract
entered into, or proposed to be entered into,by the local
government or any of its corporate entities;Current as at
[Not applicable]Page 155
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 171B](d)atenderprocessbeingconductedbyorforthelocalgovernment or
any of its corporate entities;(e)adecision,orproposeddecision,ofthelocalgovernment or any of its committees;(f)the exercise of a power, under a Local
Government Act,bythelocalgovernment,acouncillororalocalgovernment
employee;(g)the exercise of a power, under an Act,
by the State, aMinister, a statutory body or an employee of
the State orstatutory body, that affects the local
government, any ofits corporate entities or land or
infrastructure within thelocal government’s area;(h)anylegalorfinancialadvicecreatedforthelocalgovernment,anyofitscommitteesoranyofitscorporate entities.171BObligation of councillor to correct register
of interests(1)This section applies if—(a)a councillor has an interest that must
be recorded in aregister of interests under a regulation in
relation to thecouncillor or a person who is related to the
councillor;or(b)there is a
change to an interest recorded in a register ofinterests under
a regulation in relation to a councillor ora person who is
related to a councillor.Note—See theLocal Government Regulation 2012,
chapter 8, part 5 (Registerof
interests).(2)The councillor must, in the approved
form, inform the chiefexecutive officer of the particulars
of the interest or the changeto the interest
within 30 days after the interest arises or thechange
happens.Maximum penalty—Page 156Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 175](a)ifthecouncillorfailstocomplywithsubsection (2)intentionally—100 penalty units; or(b)otherwise—85 penalty units.Note—Under section
153(5), an offence against subsection (2) is an integrityoffence if a person is convicted of an
offence to which a penalty undermaximum penalty,
paragraph (a) applies.(3)For subsection
(1), a person isrelatedto a councillor
if—(a)the person is the councillor’s spouse;
or(b)thepersonistotallyorsubstantiallydependentonthecouncillor
and—(i)the person is the councillor’s child;
or(ii)the person’s
affairs are so closely connected withthe affairs of
the councillor that a benefit derivedby the person,
or a substantial part of it, could passto the
councillor.175Post-election meetings(1)Alocalgovernmentmustholdameetingwithin14daysafter—(a)the conclusion of each quadrennial
election; and(b)the conclusion of a fresh election of
its councillors.(2)The local government must, by
resolution, appoint a deputymayor from its
councillors (other than the mayor)—(a)at
that meeting; and(b)at the first meeting after the office
of the councillor whois the deputy mayor becomes
vacant.Current as at [Not applicable]Page
157
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 175A]Division 5ADealing with
councillors’ personalinterests in local governmentmatters175APurpose of divisionThe purpose of
this division is to ensure the personal interestsofcouncillorsaredealtwithinanaccountableandtransparentwaythatmeetscommunityexpectations,iftheinterests relate to matters to be
considered—(a)atameetingofthelocalgovernmentoranyofitscommittees; or(b)byalocalgovernmentemployeeorcontractorofthelocal government authorised to deal
with the matter.175BMeaning of material personal
interest(1)Acouncillorhasamaterial personal interestinamatterifany of the following stand to gain a
benefit, or suffer a loss,(eitherdirectlyorindirectly)dependingontheoutcomeofconsideration of the matter—(a)the councillor;(b)a
spouse of the councillor;(c)a parent, child
or sibling of the councillor;(d)a
person who is in a partnership with the councillor;(e)anemployer,otherthanagovernmententity,ofthecouncillor;(f)an
entity, other than a government entity, of which thecouncillor is a member;(g)another entity prescribed by
regulation.(2)However,acouncillordoesnothaveamaterialpersonalinterest in the matter if the councillor, or
another person orentity mentioned in subsection (1), stands
to gain a benefit orPage 158Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 175C]suffer a loss that is no greater than that
of other persons in thelocal government area.(3)Subsection (1)(c) only applies to a
councillor if the councillorknows,oroughtreasonablytoknow,thatthecouncillor’sparent,childorsiblingstandstogainabenefitorsufferaloss.Notauthorised—indicativeonly175CCouncillor’s material personal
interest at a meeting(1)This section
applies if—(a)amatteristobediscussedatameetingofthelocalgovernment or
any of its committees; and(b)the matter is
not an ordinary business matter; and(c)acouncillorhasamaterialpersonalinterestinthematter.(2)The
councillor must—(a)inform the meeting of the councillor’s
material personalinterest in the matter, including the
following particularsabout the interest—(i)the name of the person or other entity
who standsto gain a benefit, or suffer a loss,
depending on theoutcomeoftheconsiderationofthematteratthemeeting;(ii)how
the person or other entity stands to gain thebenefit or
suffer the loss;(iii) if the person or other entity who
stands to gain thebenefit or suffer the loss is not the
councillor—thenatureofthecouncillor’srelationshiptotheperson or entity; and(b)leavetheplaceatwhichthemeetingisbeingheld,includinganyareasetasideforthepublic,andstayaway from the
place while the matter is discussed andvoted on.Maximum penalty—Current as at
[Not applicable]Page 159
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 175D](a)if the councillor votes on the matter
with an intention togainabenefit,oravoidaloss,forthecouncillororanother person or entity—200 penalty units
or 2 yearsimprisonment; or(b)otherwise—85 penalty units.(3)Ifamajorityofthecouncillorsatameetingofthelocalgovernmentinformthemeetingaboutamaterialpersonalinterestinamatterundersubsection(2)(a),thelocalgovernment must
delegate deciding the matter under section257,unlessdecidingthemattercannotbedelegatedunderthat
section.(4)Acouncillordoesnotcontravenesubsection(2)byparticipating in the meeting, or being
present while the matteris discussed and voted on, if the
councillor’s participation orpresence—(a)isforthepurposeofdelegatingdecidingthematterunder subsection
(3); or(b)isapprovedundersection175Fandthecouncillorcomplies with
the conditions of the approval.175DMeaning of conflict of interest(1)Aconflict of
interestis a conflict that—(a)is
between—(i)a councillor’s personal interests;
and(ii)the public
interest; and(b)mightleadtoadecisionthatiscontrarytothepublicinterest.(2)However, a councillor does not have a
conflict of interest in amatter—(a)merely because of—(i)an
engagement with a community group, sportingcluborsimilarorganisationundertakenbythePage 160Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 175E]councillorinthecouncillor’scapacityasacouncillor;
or(ii)membership of a
political party; or(iii)membership of a
community group, sporting clubor similar
organisation if the councillor is not anoffice holder
for the group, club or organisation;or(iv)the councillor’s
religious beliefs; or(v)thecouncillorhavingbeenastudentofaparticularschoolorthecouncillor’sinvolvementwith a school as
a parent of a student at the school;or(b)if the councillor has no greater
personal interest in thematterthanthatofotherpersonsinthelocalgovernment area.(3)Also, a councillor who is nominated by the
local governmenttobeamemberofaboardofacorporationorotherassociationdoesnothaveapersonalinterestinmattersrelating to the
corporation or association merely because ofthe nomination
or appointment as a member.175ECouncillor’s conflict of interest at a
meeting(1)This section applies if—(a)amatteristobediscussedatameetingofthelocalgovernment or
any of its committees; and(b)the matter is
not an ordinary business matter; and(c)a
councillor at the meeting—(i)hasaconflictofinterestinthematter(arealconflict of
interest); or(ii)couldreasonablybetakentohaveaconflictofinterestinthematter(aperceivedconflictofinterest).Current as at [Not applicable]Page
161
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 175E](2)The councillor must inform the meeting
about the councillor’spersonalinterestsinthematter,includingthefollowingparticulars
about the interests—(a)the nature of
the interests;(b)if the councillor’s personal interests
arise because of thecouncillor’s relationship with, or
receipt of a gift from,another person—(i)the
name of the other person; and(ii)the
nature of the relationship or value and date ofreceipt of the
gift; and(iii)thenatureoftheotherperson’sinterestsinthematter.Maximumpenalty—100penaltyunitsor1year’simprisonment.(3)Subsection (4) applies if—(a)theothercouncillorswhoareentitledtovoteatthemeetingareinformedaboutacouncillor’spersonalinterestsinamatterbythecouncillororanotherperson;
and(b)the councillor has not voluntarily
left, and stayed awayfrom,theplacewherethemeetingisbeingheldwhilethe matter is
discussed and voted on.(4)Subject to
subsection (6), the other councillors must decide—(a)whether the councillor has a real
conflict of interest orperceived conflict of interest in the
matter; and(b)iftheydecidethecouncillorhasarealconflictofinterest or perceived conflict of
interest in the matter—whether the councillor—(i)must leave the place at which the
meeting is beingheld,includinganyareasetasideforthepublic,and stay away
from the place while the matter isdiscussed and
voted on; orPage 162Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 175F](ii)mayparticipateinthemeetinginrelationtothematter, including by voting on the
matter.(5)The councillor must comply with a
decision under subsection(4)thatthecouncillormustleaveandstayawayfromtheplace.Maximumpenalty—100penaltyunitsor1year’simprisonment.(6)Ifamajorityofthecouncillorsatameetingofthelocalgovernment
inform the meeting about personal interests in thematterundersubsection(2),thelocalgovernmentmustdelegatedecidingthematterundersection257,unlessdeciding the
matter can not be delegated under that section.(7)Acouncillordoesnotcontravenesubsection(5)byparticipating in the meeting, or being
present while the matteris discussed and voted on, if the
councillor’s participation orpresence—(a)isforthepurposeofdelegatingdecidingthematterunder subsection
(6); or(b)isapprovedundersection175Fandthecouncillorcomplies with
the conditions of the approval.(8)In
this section—giftmeansagiftthatisrequired,underaregulation,toberecorded in a register of
interests.175FMinister’s approval for councillor to
participate or bepresent to decide matter(1)TheMinistermay,bysignednoticegiventoacouncillor,approvethecouncillorparticipatinginameeting,orbeingpresent while a
matter is discussed and voted on, if—(a)the
matter could not otherwise be decided at the meetingbecause of—(i)the
number of councillors subject to the obligationunder section
175C(2)(b); or(ii)section 175E(6);
andCurrent as at [Not applicable]Page
163
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 175G](b)deciding the matter can not be
delegated under section257.(2)TheMinistermaygivetheapprovalsubjecttoconditionsstated in the
notice.175GDuty to report another councillor’s
material personalinterest or conflict of interest at a
meeting(1)This section applies if—(a)amatteristobediscussedatameetingofthelocalgovernment or
any of its committees; and(b)the matter is
not an ordinary business matter; and(c)acouncilloratthemeetingreasonablybelieves,orreasonablysuspects,thatanothercouncilloratthemeeting has a material personal
interest, real conflict ofinterestorperceivedconflictofinterestinthematter;and(d)the other councillor has not informed
the meeting aboutthe interest under section 175C(2) or
175E(2).(2)The councillor who has the belief or
suspicion must, as soonaspracticable,informthepersonwhoispresidingatthemeeting about—(a)the
belief or suspicion; and(b)thefactsandcircumstancesthatformthebasisofthebelief or suspicion.Note—Contraventionofsubsection(2)ismisconductthatcouldresultindisciplinaryactionbeingtakenagainstacouncillor.Seesections176(3)(d) and
180.175HOffence to take retaliatory
actionApersonmustnot,becauseacouncillorcompliedwithsection
175G(2)—Page 164Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 175I](a)prejudice, or threaten to prejudice,
the safety or careerof the councillor or another person;
or(b)intimidate or harass, or threaten to
intimidate or harass,the councillor or another person;
or(c)take any action that is, or is likely
to be, detrimental tothe councillor or another
person.Maximumpenalty—167penaltyunitsor2yearsimprisonment.175IOffence for councillor with material
personal interest orconflict of interest to influence
others(1)Thissectionappliestoacouncillorwhohasamaterialpersonal interest, real conflict of interest
or perceived conflictof interest in a matter, other than an
ordinary business matter.(2)Thecouncillormustnotinfluence,orattempttoinfluence,another
councillor to vote on the matter in a particular way ata
meeting of the local government or any of its committees.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(3)The
councillor must not influence, or attempt to influence, alocalgovernmentemployeeoracontractorofthelocalgovernmentwhoisauthorisedtodecideorotherwisedealwith
the matter to do so in a particular way.Maximumpenalty—200penaltyunitsor2yearsimprisonment.(4)Acouncillordoesnotcommitanoffenceagainstsubsection(2)or(3)merelybyparticipatinginameetingofthelocalgovernmentoranyofitscommitteesaboutthematter,includingbyvotingonthematter,iftheparticipationisauthorised under—(a)a
decision mentioned in section 175E(4)(b)(ii); or(b)an approval under section 175F.Current as at [Not applicable]Page
165
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 175J]175JRecords about material personal
interests and conflictsof interests at meetings(1)Ifsection175Cappliestoamattertobediscussedatameeting of the
local government or any of its committees, thefollowing
information must be recorded in the minutes of themeeting and on the local government’s
website—(a)the name of the councillor who has a
material personalinterest in the matter;(b)the
material personal interest, including the particularsmentionedinsection175C(2)(a)asdescribedbythecouncillor;(c)whetherthecouncillorparticipatedinthemeeting,orwaspresentduringthemeeting,underanapprovalunder section
175F.(2)Ifsection175Eappliestoamattertobediscussedatameeting of the
local government or any of its committees, thefollowing must
be recorded in the minutes of the meeting andon the local
government’s website—(a)thenameofthecouncillorwhohasarealconflictofinterest or perceived conflict of interest
in the matter;(b)thecouncillor’spersonalinterestsinthematter,including the
particulars mentioned in section 175E(2)as described by
the councillor;(c)thedecisionsmadeundersection175E(4)andthereasons for the
decisions;(d)whetherthecouncillorparticipatedinthemeeting,orwaspresentduringthemeeting,underanapprovalunder section
175F;(e)ifthecouncillorvotedonthematter—howthecouncillor voted on the matter;(f)howthemajorityofcouncillorswhowereentitledtovote at the meeting voted on the
matter.Page 166Current as at
[Not applicable]
Division 6Local Government
Act 2009Chapter 6 Administration[s 176]Conduct and performance ofcouncillorsNotauthorised—indicativeonly176What this division is about(1)Thisdivisionisaboutdealingwithcomplaintsabouttheconduct and performance of
councillors, to ensure that—(a)appropriatestandardsofconductandperformancearemaintained; and(b)acouncillorwhoengagesinmisconductorinappropriate conduct is disciplined.(2)In summary—(a)misconduct is dealt with by the regional
conduct reviewpanel or tribunal; and(b)inappropriate conduct is dealt with by the
mayor or thedepartment’s chief executive.(3)Misconductis conduct, or a
conspiracy or attempt to engagein conduct, of
or by a councillor—(a)that adversely affects, or could
adversely affect, (eitherdirectlyorindirectly)thehonestandimpartialperformanceofthecouncillor’sresponsibilitiesorexercise of the councillor’s powers;
or(b)that is or involves—(i)theperformanceofthecouncillor’sresponsibilities, or the exercise of the
councillor’spowers,inawaythatisnothonestorisnotimpartial; or(ii)a
breach of the trust placed in the councillor; or(iii)a misuse of
information or material acquired in orinconnectionwiththeperformanceofthecouncillor’s responsibilities, whether
the misuse isfor the benefit of the councillor or someone
else; or(iv)afailurebythecouncillortocomplywithadirectiontoleaveameetingofthelocalCurrent as at
[Not applicable]Page 167
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 176]governmentoritscommitteesbythechairpersonpresiding at the
meeting; or(v)arefusalbythecouncillortocomplywithadirection or order of the regional
conduct reviewpanel or tribunal about the councillor;
or(c)that is a repeat of inappropriate
conduct that the mayororthedepartment’schiefexecutivehasorderedtobereferredtotheregionalconductreviewpanelundersection 181(2);
or(d)that contravenes section 171(3) or
175G(2).(4)Inappropriateconductisconductthatisnotappropriateconduct for a
representative of a local government, but is notmisconduct, including for example—(a)acouncillorfailingtocomplywiththelocalgovernment’s
procedures; or(b)a councillor behaving in an offensive
or disorderly wayinameetingofthelocalgovernmentoranyofitscommittees.(5)Itisirrelevantwhethertheconductthatconstitutesmisconduct was
engaged in—(a)within Queensland or elsewhere;
or(b)whenthecouncillorwasnotexercisingtheresponsibilities of a councillor.(6)Aregional conduct
review panelis a body, created under thisAct,
that is responsible for hearing and deciding a complaintof
misconduct by a councillor.Note—See
chapter 6, part 4 for more information about the creation of
aregional conduct review panel.(7)Thetribunalisabody,createdunderthisAct,thatisresponsible (amongst other things) for
hearing and decidingthe most serious complaints of
misconduct by a councillor.Page 168Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 176A]Note—See chapter 6,
part 3 for more information about the creation of thetribunal, and section 183 for the tribunal’s
other responsibilities.(8)To remove any
doubt, a councillor may be dealt with for anactoromissionthatconstitutesmisconductunderthisAct,and
also dealt with for the same act or omission—(a)as
the commission of an offence; or(b)under the Crime and Corruption Act.(9)A decision under this part by any of
the following persons isnot subject to appeal—(a)a regional conduct review
panel;(b)the tribunal;(c)the
chief executive officer;(d)a mayor;(e)a deputy mayor;(f)the
chairperson of a meeting;(g)the department’s
chief executive.Note—See section 244
for more information.176AApplication to
former councillors(1)This division applies to a complaint
about the conduct of aperson who is no longer a councillor
if—(a)the person was a councillor when the
relevant conduct isalleged to have happened; and(b)thecomplaintismadewithin2yearsafterthepersonstopped being a
councillor.(2)However,anentitydealingwiththecomplaintunderthisdivision may
decide to take no further action in relation to thecomplaint, despite any contrary requirement
of this division, ifthe entity considers the decision is
in the public interest.Current as at [Not applicable]Page
169
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 176B](3)Anentitythatmakesadecisionundersubsection (2)mustgivetheentitythatmadethecomplaint,andtheaccusedperson, a
written notice that states—(a)nofurtheractionwillbetakeninrelationtothecomplaint; and(b)the
reasons for the decision.(4)For applying
this division to a complaint about a person whois no longer a
councillor, a reference to a councillor is taken tobe a
reference to the person.176BPreliminary
assessments of complaints(1)This section
applies if any of the following make or receive acomplaint about the conduct or performance
of a councillor ofa local government—(a)the
local government;(b)the department’s chief
executive;(c)the mayor;(d)the
chief executive officer of the local government.(2)Ifthemayororthechiefexecutiveofficermakesthecomplaint—(a)thepersonwhoreceivesthecomplaintmustreferthecomplaint to the department’s chief
executive; and(b)thedepartment’schiefexecutivemustconductapreliminary assessment of the
complaint.(3)If any other entity makes the
complaint—(a)thepersonwhoreceivesthecomplaintmustreferthecomplaint to the chief executive officer;
and(b)the chief executive officer must
conduct a preliminaryassessment of the complaint.(4)Apreliminaryassessmentisanassessmentofacomplaintabouttheconductorperformanceofacouncillortodecidewhether the
complaint—Page 170Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 176C](a)is about a frivolous matter or was
made vexatiously; or(b)isaboutinappropriateconduct,misconduct,corruptconduct under the Crime and Corruption Act
or anothermatter (including a general complaint
against the localgovernment, for example); or(c)is lacking in substance.(5)Thissectiondoesnotapplytoacomplaintaboutcorruptconductreferredtothedepartment’schiefexecutivebytheCCC.176CAction after preliminary assessments(1)Thissectionappliesifthechiefexecutiveofficerorthedepartment’schiefexecutive(eachacomplaintsassessor)conducts a preliminary assessment of a
complaint about theconduct or performance of a
councillor.(2)The complaints assessor may decide no
further action need betakeninrelationtothecomplaintifthepreliminaryassessment
is—(a)thatthecomplaintisaboutafrivolousmatterorwasmade
vexatiously; or(b)that the complaint is lacking in
substance.(3)Ifthepreliminaryassessmentisthatthecomplaintisaboutinappropriate
conduct, the complaints assessor must—(a)ifthecomplaintsassessoristhechiefexecutiveofficer—(i)foracomplaintaboutconductofthemayorordeputymayor—referthecomplainttothedepartment’s chief executive;
or(ii)foracomplaintaboutconductofacouncillor(other than the
mayor or deputy mayor)—refer thecomplainttothemayorforthemayortotakedisciplinary
action under section 181; orCurrent as at
[Not applicable]Page 171
Local
Government Act 2009Chapter 6 Administration[s 176C]Notauthorised—indicativeonly(b)ifthecomplaintsassessoristhedepartment’schiefexecutive—(i)for
a complaint about the conduct or performanceofacouncillor(otherthanthemayorordeputymayor)madebyanypersonotherthanthemayor—refer the complaint to the mayor;
or(ii)otherwise—takedisciplinaryactionundersection
181.(4)Ifthepreliminaryassessmentisthatthecomplaintisaboutmisconduct, the
complaints assessor must refer the complaintto—(a)ifthecomplaintsassessoristhechiefexecutiveofficer—the
department’s chief executive; or(b)ifthecomplaintsassessoristhedepartment’schiefexecutive—theregionalconductreviewpanelorthetribunal.(5)IfthepreliminaryassessmentisthatthecomplaintisaboutcorruptconductundertheCrimeandCorruptionAct,thecomplaintsassessormustdealwiththecomplaintincompliance with that Act.(6)Ifthepreliminaryassessmentisthatthecomplaintisaboutanothermatter,thecomplaintsassessormustdealwiththecomplaint in an appropriate way.(7)Afteractingundersubsection
(2)to(6),thecomplaintsassessor must
give the entity that made the complaint, and theaccused councillor, a written notice that
states—(a)the type of complaint that the
assessor has assessed thecomplaint as; and(b)the
action (if any) that is proposed to be taken in relationto
the complaint; and(c)if the complaint was about a frivolous
matter, was madevexatiouslyorwaslackinginsubstance—thatitisanoffenceundersubsection
(8)forapersontomakeacomplaint that is substantially the same as
a complaintthat the person has previously made.Page
172Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 177](8)Apersonmustnotmakeacomplaintabouttheconductorperformance of a councillor if—(a)the complaint is substantially the
same as a complaintthat the person has previously made;
and(b)thecomplaintsassessorhasgiventhepersonanoticethat complies
with subsection (7).Maximum penalty for subsection (8)—10
penalty units.177Complaints referred to the
department’s chief executive(1)Thissectionappliesifthechiefexecutiveofficerrefersacomplainttothedepartment’schiefexecutiveundersection 176C.(2)Despitethepreliminaryassessmentofthechiefexecutiveofficer, the department’s chief executive
may decide that—(a)thecomplaintbedismissedifthedepartment’schiefexecutive considers the complaint or part
is—(i)frivolous, vexatious or misconceived;
or(ii)lacking in
substance; or(iii)otherwise an
abuse of process; or(b)the complaint is
about inappropriate conduct rather thanmisconductoraboutmisconductratherthaninappropriate
conduct; or(c)no further action be taken in relation
to the complaint; or(d)some other
action be taken in relation to the complaint.(3)Ifthedepartment’schiefexecutiveagreesordecidesthecomplaintisaboutmisconduct,thedepartment’schiefexecutivemayreferthecomplainttotheregionalconductreview panel or tribunal.(4)Ifthedepartment’schiefexecutiveagreesordecidesthecomplaintisaboutinappropriateconduct,thedepartment’schiefexecutivemusttakedisciplinaryactionundersection
181.Current as at [Not applicable]Page
173
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 177A](5)If the department’s chief executive
acts under subsection (2)or(3),thedepartment’schiefexecutivemustgivewrittennoticeofthedecisiontothechiefexecutiveofficer,theaccused councillor and the entity that made
the complaint.177APreliminary dealings with complaints
before hearing(1)This section applies if the
department’s chief executive refersa complaint of
misconduct to a regional conduct review panelor the
tribunal.(2)Theregionalconductreviewpanelorthetribunalmay,withoutconductingahearingofthecomplaint,orderthecomplaint, or a part of the complaint,
be dismissed or struckout if the panel or tribunal considers
the complaint or part is—(a)frivolous,
vexatious or misconceived; or(b)lacking in substance; or(c)otherwise an abuse of process.(3)If the regional conduct review panel
or the tribunal acts undersubsection (2), the panel or tribunal
must give written noticeof the order to all the
following—(a)thechiefexecutiveofficer(ifany)whooriginallyassessed the
complaint;(b)the department’s chief
executive;(c)the accused councillor;(d)the entity that made the
complaint.(4)Subsection (5) applies if the
complainant is also a councillor.(5)Before conducting a hearing of the
complaint—(a)the regional conduct review panel or
the tribunal mustrequirethecomplainanttoappearbeforethepanelortribunal to confirm the complaint;
and(b)thecomplainantmustcomplywiththerequirementmade under
paragraph (a).Page 174Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 178](6)Despitesection
176(3)and(4),afailureofacouncillortocomplywitharequirementundersubsection (5)(a)isnotmisconduct or inappropriate
conduct.Notauthorised—indicativeonly178Notifying councillor of the hearing of
a complaint ofmisconduct(1)Atleast7daysbeforethehearingofacomplaintofmisconduct by a regional conduct review
panel or the tribunal,thedepartment’schiefexecutivemustgivetheaccusedcouncillor a
written notice about the hearing.(2)The
notice must state—(a)the misconduct that is alleged to have
been engaged inby the councillor; and(b)the
time and date when the hearing is to begin; and(c)the
place where the complaint is to be heard.(3)If
all reasonable attempts to give the notice to the councillorhave
failed, the department’s chief executive may—(a)publish the notice, at least 7 days before
the hearing is tobegin—(i)inanewspaperthatiscirculatinginthelocalgovernment area;
and(ii)on the
department’s website; or(b)direct the local
government to publish the notice on thelocalgovernment’swebsiteatleast7daysbeforethehearing is to begin.179Hearing and deciding complaints(1)This section is about the hearing of a
complaint of misconductby a regional conduct review panel or
the tribunal.(2)Aregionalconductreviewpanelorthetribunalmayhearcomplaints of
misconduct by a number of councillors in thesamehearing,unlessthedefenceofanyofthecouncillorsmay be
prejudiced.Current as at [Not applicable]Page
175
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 180](3)The hearing must be conducted in the
way set out in chapter 7,part 1.(4)The
regional conduct review panel or tribunal may decide allor
part of the hearing from the documents brought before theregional conduct review panel or tribunal,
without the partiesor the witnesses appearing, if—(a)the regional conduct review panel or
tribunal considersit appropriate in all the circumstances;
or(b)the parties agree.(5)Thestandardofproofinthehearingisthebalanceofprobabilities.(6)Theregionalconductreviewpanelortribunalmustkeepawritten record of the hearing, in which it
records—(a)the statements of the councillor and
all witnesses; and(b)any reports relating to the councillor
that are tendered atthe hearing.180Taking disciplinary action(1)Thissectionappliesif,afterhearingacomplaintofmisconduct,theregionalconductreviewpanelortribunaldecides that the
councillor engaged in misconduct.(2)The
regional conduct review panel may make any 1 or moreof
the following orders or recommendations that it considersappropriateinviewofthecircumstancesrelatingtothemisconduct—(a)anorderthatthecouncillorbecounselledaboutthemisconduct, and how not to repeat the
misconduct;(b)an order that the councillor make an
admission of erroror an apology;(c)an
order that the councillor participate in mediation withanother person;Page 176Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 180](d)a recommendation to the department’s
chief executive tomonitorthecouncillororthelocalgovernmentforcompliance with the Local Government
Acts;(e)anorderthatthecouncillorreimbursethelocalgovernment;(f)arecommendationtotheCCCorthepolicecommissionerthatthecouncillor’sconductbefurtherinvestigated;(g)an
order that the councillor pay to the local governmentan
amount of not more than the monetary value of 50penalty units.(3)However, if the regional conduct review
panel considers thatmore serious disciplinary action
should be taken, the regionalconduct review
panel must report the matter to the tribunal forthe
tribunal to take disciplinary action.(4)The
tribunal may make any order or recommendation that itconsiders appropriate in view of the
circumstances relating tothe misconduct.(5)Forexample,thetribunalmaymakeany1ormoreofthefollowing orders
or recommendations—(a)anorderthatthecouncillorbecounselledaboutthemisconduct, and how not to repeat the
misconduct;(b)an order that the councillor make an
admission of erroror an apology;(c)an
order that the councillor participate in mediation withanother person;(d)a
recommendation to the department’s chief executive tomonitorthecouncillororthelocalgovernmentforcompliance with the Local Government
Acts;(e)an order that the councillor forfeit
an allowance, benefit,payment or privilege;(f)anorderthatthecouncillorreimbursethelocalgovernment;Current as at
[Not applicable]Page 177
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 181](g)a recommendation to the Minister that
the councillor besuspended for a specified period, either
wholly or fromperforming particular functions;Examples of particular functions—•attending council meetings or
offices•representing the council at public
functions(h)a recommendation to the Minister that
the councillor bedismissed;(i)arecommendationtotheCCCorthepolicecommissionerthatthecouncillor’sconductbefurtherinvestigated;(j)an
order that the councillor pay to the local governmentan
amount of not more than the monetary value of 50penalty units.(6)Arecommendationmentionedinsubsection (5)(g)mayinclude a recommendation about the details
of the suspension.(7)When deciding what disciplinary action
is appropriate in viewof the circumstances relating to the
misconduct, the regionalconduct review panel or tribunal may
consider—(a)any misconduct of the councillor in
the past; and(b)any allegation made in the hearing
that was admitted, orwas not challenged.(8)However, the regional conduct review
panel or tribunal mayconsideranallegationthatwasnotadmitted,orwaschallenged,onlyiftheregionalconductreviewpanelortribunal is satisfied that the allegation is
true.(9)Thedegreetowhichtheregionalconductreviewpanelortribunal must be satisfied depends on
the consequences, thatare adverse to the councillor, of
finding the allegation to betrue.181Inappropriate conduct(1)Subsections (2)and(3)applyif,undersection
176C(3)or177(4),acomplaintisreferredtothemayororthePage 178Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 181]Notauthorised—indicativeonlydepartment'schiefexecutivetotakedisciplinaryactionagainst a councillor for inappropriate
conduct.(2)The mayor or department’s chief
executive may make eitheror both of the following orders that
the mayor or department’schief executive considers appropriate
in the circumstances—(a)anorderreprimandingthecouncillorfortheinappropriate conduct;(b)an order that any repeat of the
inappropriate conduct bereferredtotheregionalconductreviewpanelasmisconduct.(3)Ifthemayororthedepartment’schiefexecutivemakes3orders under subsection (2) about the
same councillor withinthe 1 year, the mayor or the
department’s chief executive mustrefer the
repeated inappropriate conduct by the councillor to aregional conduct review panel or the
tribunal.(4)Ifthemayororthedepartment’schiefexecutiverefersrepeated inappropriate conduct by the
councillor to a regionalconduct review panel or the tribunal
under subsection (3)—(a)the matter is
taken to be a complaint about misconduct;and(b)thepanelortribunalmustconductahearingofthecomplaint; and(c)sections 178to180applyforthehearingofthecomplaint; and(d)the
repeated inappropriate conduct by the councillor istaken to be misconduct.(5)Ifinappropriateconducthappensinameetingofthelocalgovernment or
its committees, the chairperson of the meetingmaymakeany1ormoreofthefollowingordersthatthechairperson considers appropriate in
the circumstances—(a)an order that the councillor’s
inappropriate conduct benoted in the minutes of the
meeting;(b)anorderthatthecouncillorleavetheplacewherethemeeting is being held (including any
area set aside forCurrent as at [Not applicable]Page
179
Local
Government Act 2009Chapter 6 Administration[s 181A]the
public), and stay out of the place for the rest of themeeting;(c)ifthecouncillorfailstocomplywithanordermadeunder paragraph (b) to leave a place—an
order that thecouncillor be removed from the place.Notauthorised—indicativeonly181ARecords about
complaints(1)The chief executive officer must keep
a record of—(a)allcomplaintsreceivedbythechiefexecutiveofficerunder this part; and(b)theoutcomeofeachcomplaint,includinganydisciplinaryactionorotheractionthatwastakeninrelation to the complaint.(2)The chief executive officer must
ensure that the public mayinspectthepartoftherecordthatrelatestooutcomesofcomplaints—(a)at
the local government’s public office; or(b)on
the local government’s website.(3)However,subsection
(2)doesnotapplytotherecordofacomplaint that—(a)thechiefexecutiveofficerorthedepartment’schiefexecutive has assessed as being about a
frivolous matter,having been made vexatiously or lacking in
substance;or(b)is a public
interest disclosure within the meaning of thePublic Interest
Disclosure Act 2010.182Department’s
chief executive is public official for Crimeand Corruption
Act(1)A local government is a unit of public
administration for theCrime and Misconduct Act.(2)Foranycomplaintof,orinformationormatterinvolving,corruptconductundertheCrimeandCorruptionActbyaPage 180Current as at [Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 183]councillor, a reference to a public official
in the Crime andCorruption Act, section 46(2), is taken to
be a reference to thedepartment’s chief executive.Notauthorised—indicativeonlyPart
3The tribunal183Establishing the tribunal(1)The Local Government Remuneration and
Discipline Tribunal(thetribunal) is
established.(2)As well as the responsibilities
mentioned in section 176, thetribunal is
responsible for—(a)establishing the categories of local
governments; and(b)deciding which category each local
government belongsto; and(c)deciding the maximum amount of remuneration
that ispayable to the councillors in each of the
categories; and(d)any other functions that the Minister
directs the tribunalto perform.184Members of tribunal(1)Thetribunalismadeupof3qualifiedpersonswhoareappointed by the Governor in
Council.(2)A person is qualified to be a member
only if the person—(a)hasextensiveknowledgeof,andexperiencein,1ormore of the
following—(i)local government;(ii)community affairs;(iii)industrial relations;(iv)investigations;(v)law;Current as at
[Not applicable]Page 181
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 184](vi)public
administration;(vii) public sector ethics;(viii) public finance; or(b)has other knowledge and experience
that the Governorin Council considers appropriate.(3)However,apersonisnotqualifiedtobeamemberofthetribunal if the
person—(a)is a councillor of a local government;
or(b)is a nominee for election as a
councillor; or(c)accepts an appointment as a
councillor; or(d)is an employee of a local government;
or(e)is a contractor of a local government;
or(f)is a consultant engaged by a local
government; or(g)is a member of an Australian
Parliament; or(h)is a nominee for election as a member
of an AustralianParliament; or(i)is a
member of a political party; or(j)has
a conviction for an indictable offence that is not anexpired conviction; or(k)is
an insolvent under administration (within the meaningof
the Corporations Act, section 9); or(l)is a
type of person prescribed under a regulation.(4)The
Governor in Council must appoint 1 of the members to bethe
chairperson of the tribunal.(5)A
member may be appointed for a term of not longer than 4years.(6)However, a member may be reappointed.(7)A person stops being a member if the
person—(a)completes a term of office but is not
reappointed; orPage 182Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 185](b)resignsbysignednoticeofresignationgiventotheMinister;
or(c)is removed as a member by the Governor
in Council formisbehaviour or physical or mental
incapacity; or(d)is not qualified to be a member under
subsection (3).Notauthorised—indicativeonly185Remuneration and appointment
conditions of members(1)AmemberofthetribunalisentitledtobepaidtheremunerationandallowancesdecidedbytheGovernorinCouncil.(2)A
member of the tribunal holds office on the other conditionsthat
the Governor in Council decides.(3)Ifacommissioner,otherthanthepresident,undertheIndustrial Relations Act is appointed
as a member, the personis not entitled to any remuneration or
allowances in addition tothe person’s salary or allowances as a
commissioner.(4)However,thepersonisentitledtobepaidanyexpensesreasonablyincurredbythepersoninperformingtheresponsibilities of a member.186Costs of tribunal to be met by local
governmentThelocalgovernmentmustpaythecostsofthetribunalinrelationtoacomplaintofmisconductofacouncillor,including the
remuneration, allowances and expenses paid tomembers of the
tribunal.187Conflict of interests(1)Thissectionappliesifamemberofthetribunalhasanyinterest that may conflict with a fair
and impartial hearing of acomplaint made against an accused
councillor.(2)The member must not take part, or take
further part, in anyconsideration of the matter.Maximum penalty—35 penalty units.Current as at [Not applicable]Page
183
Local
Government Act 2009Chapter 6 Administration[s 188](3)As soon as practicable after the
member becomes aware thatthis section applies to the member,
the member must informthe department’s chief
executive.Maximum penalty—35 penalty units.Notauthorised—indicativeonly188Assistance from
departmental staffThe department’s chief executive must make
available to thetribunalthestaffassistancethatthetribunalneedstoeffectively perform its
responsibilities.Part 4Regional conduct
reviewpanels189Appointing members of regional conduct
review panels(1)A regional conduct review panel is
constituted by at least 3members that the department’s chief
executive chooses from apool of members.(2)Thedepartment’schiefexecutivemustappointapoolofmembers for a regional conduct review panel
for the differentregionsoftheStatedecidedbythedepartment’schiefexecutive.(3)A
person is qualified to be a member of the pool of membersonly
if the person—(a)hasextensiveknowledgeof,andexperiencein,1ormore of the
following—(i)local government;(ii)community affairs;(iii)investigations;(iv)law;(v)public administration;(vi)public sector ethics;Page 184Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 189](vii) public finance; or(b)hastheotherqualificationsandexperiencethatthedepartment’s chief executive considers
appropriate.(4)However, a person is not qualified to
be a member of the poolof members if the person—(a)is a councillor of a local government;
or(b)is a nominee for election as a
councillor; or(c)accepts an appointment as a
councillor; or(d)is an employee of a local government;
or(e)is a contractor of a local government;
or(f)is a consultant engaged by a local
government; or(g)is a member of an Australian
Parliament; or(h)is a nominee for election as a member
of an AustralianParliament; or(i)is a
member of a political party; or(j)has
a conviction for an indictable offence that is not anexpired conviction; or(k)is
an insolvent under administration (within the meaningof
the Corporations Act, section 9); or(l)is a
type of person prescribed under a regulation.(5)A
member may be appointed for a term of not longer than 4years.(6)However, a member may be reappointed.(7)A person stops being a member if the
person—(a)completes a term of office but is not
reappointed; or(b)resignsbysignednoticeofresignationgiventothedepartment’s
chief executive; or(c)isremovedasamemberbythedepartment’schiefexecutiveformisbehaviourorphysicalormentalincapacity;
orCurrent as at [Not applicable]Page
185
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 190](d)is not qualified to be a member under
subsection (4).190Remuneration and appointment
conditions of members(1)A member of a
regional conduct review panel is entitled to bepaidtheremunerationandallowancesdecidedbythedepartment’s
chief executive.(2)A member of a regional conduct review
panel holds office ontheotherconditionsthatthedepartment’schiefexecutivedecides.191Costs of regional conduct review
panels to be met bylocal governmentThe local
government must pay the costs of a regional conductreviewpanelinrelationtoacomplaintofmisconductofacouncillor,includingtheremuneration,allowancesandexpensespaidtomembersoftheregionalconductreviewpanel.192Conflict of interests(1)This section applies if a member of a
regional conduct reviewpanelhasanyinterestthatmayconflictwithafairandimpartialhearingofacomplaintmadeagainstanaccusedcouncillor.(2)The
member must not take part, or take further part, in anyconsideration of the matter.Maximum penalty—35 penalty units.(3)As soon as practicable after the
member becomes aware thatthis section applies to the member,
the member must informthe department’s chief
executive.Maximum penalty for subsection (3)—35
penalty units.Page 186Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 193]193Assistance from departmental
staffThe department’s chief executive must make
available to theregionalconductreviewpanelthestaffassistancethattheregional conduct review panel needs to
effectively perform itsresponsibilities.Notauthorised—indicativeonlyPart
5Local government employeesDivision 1Chief executive
officer194Appointing a chief executive
officer(1)A local government must appoint a
qualified person to be itschief executive officer.(2)A person is qualified to be the chief
executive officer if theperson has the ability, experience,
knowledge and skills thatthe local government considers
appropriate, having regard tothe
responsibilities of a chief executive officer.(3)A
person who is appointed as the chief executive officer mustenterintoawrittencontractofemploymentwiththelocalgovernment.(4)The
contract of employment must provide for—(a)thechiefexecutiveofficertomeetperformancestandards set by
the local government; and(b)the chief
executive officer’s conditions of employment(including
remuneration).195Appointing an acting chief executive
officerA local government may appoint a qualified
person to act asthe chief executive officer during—(a)any vacancy, or all vacancies, in the
position; or(b)anyperiod,orallperiods,whenthechiefexecutiveofficerisabsentfromdutyorcannot,foranotherCurrent as at
[Not applicable]Page 187
Local
Government Act 2009Chapter 6 Administration[s 196]reason,performthechiefexecutiveofficer’sresponsibilities.Notauthorised—indicativeonlyDivision 2Other local
government employees196Appointing other local government
employees(1)Alocalgovernmentmust,byresolution,adoptanorganisational structure that is
appropriate to the performanceof the local
government’s responsibilities.(2)Thelocalgovernmentmayemploylocalgovernmentemployeesfortheperformanceofthelocalgovernment’sresponsibilities.(3)Thechiefexecutiveofficerappointslocalgovernmentemployees (other
than senior executive employees).(4)A
panel constituted by the following persons appoints a seniorexecutive employee—(a)the
mayor;(b)the chief executive officer;(c)either—(i)if
the senior executive employee is to report to only1committeeofthelocalgovernment—thechairperson of
the committee; or(ii)otherwise—the
deputy mayor.(5)The deputy mayor may delegate the
deputy mayor’s functionsundersubsection
(4)toanothercouncillorofthelocalgovernment.(6)Aseniorexecutiveemployee,ofalocalgovernment,isanemployee of the local
government—(a)who reports directly to the chief
executive officer; and(b)whose position
ordinarily would be considered to be aseniorpositioninthelocalgovernment’scorporatestructure.Page 188Current as at [Not applicable]
Notauthorised—indicativeonly(7)In this section—functionincludes power.Local Government
Act 2009Chapter 6 Administration[s 197]197Disciplinary action against local
government employees(1)Thechiefexecutiveofficermaytakedisciplinaryactionagainst a local government employee.(2)A regulation may prescribe—(a)whendisciplinaryactionmaybetakenagainstalocalgovernment
employee; and(b)the types of disciplinary action that
may be taken againsta local government employee.Division 3Common
provisions198Concurrent employment of local
government employees(1)Thissectionappliestoalllocalgovernmentemployees,including the
chief executive officer.(2)A local
government employee may be employed by more than1localgovernmentatthesametime,ifeachofthelocalgovernments
agree.199Improper conduct by local government
employees(1)Thissectionappliestoalllocalgovernmentemployees,including the
chief executive officer.(2)Alocal government employeeincludes—(a)a
contractor of the local government; and(b)a
type of person prescribed under a regulation.(3)A
local government employee must not ask for, or accept, afee
or other benefit for doing something as a local governmentemployee.Current as at
[Not applicable]Page 189
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 200]Maximumpenalty—100penaltyunitsor2yearsimprisonment.(4)However, subsection (3) does not apply
to—(a)remuneration paid by the local
government; or(b)a benefit that has only a nominal
value.(5)A local government employee must not
unlawfully destroy ordamage property of the local
government.Maximumpenalty—100penaltyunitsor2yearsimprisonment.200Use
of information by local government employees(1)Thissectionappliestoalllocalgovernmentemployees,including the
chief executive officer.(2)Alocal government employeeincludes—(a)a
contractor of the local government; and(b)a
type of person prescribed under a regulation.(3)A
person who is, or has been, a local government employeemustnotuseinformationacquiredasalocalgovernmentemployee
to—(a)gain (directly or indirectly) an
advantage for the personor someone else; or(b)cause detriment to the local
government.Maximumpenalty—100penaltyunitsor2yearsimprisonment.(4)Subsection (3) does not apply to information
that is lawfullyavailable to the public.(5)A
person who is, or has been, a local government employeemust
not release information that the person knows, or shouldreasonably know, is information that—(a)is confidential to the local
government; and(b)the local government wishes to keep
confidential.Page 190Current as at
[Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 201]Maximumpenalty—100penaltyunitsor2yearsimprisonment.Notauthorised—indicativeonly201Annual report must detail
remuneration(1)The annual report of a local
government must state—(a)the total of all
remuneration packages that are payable(intheyeartowhichtheannualreportrelates)tothesenior management of the local
government; and(b)the number of employees in senior
management who arebeing paid each band of remuneration.(2)Thesenior
management, of a local government, consists ofthe
chief executive officer and all senior executive employeesof
the local government.(3)Eachband
of remunerationis an increment of $100,000.(4)To remove any doubt, it is declared
that nothing in this sectionrequirestheexactsalaryofanyemployeeinseniormanagement to be
separately stated in the annual report.Part 6Authorised persons202Appointing authorised persons(1)The chief executive officer may
appoint a qualified person tobe an authorised
person.(2)Apersonisqualifiedtobeanauthorisedpersoniftheperson—(a)has the competencies—(i)thatthechiefexecutiveofficerconsidersarenecessarytoperformtheresponsibilitiesthatarerequired to be performed by the
authorised person;or(ii)prescribed under
a regulation; and(b)is either—Current as at
[Not applicable]Page 191
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 203](i)an employee of the local government;
or(ii)anothertypeofpersonprescribedunderaregulation.(3)Also,apersonisqualifiedtobeanauthorisedpersonofalocal government
(theadopting local government)
if—(a)thepersonisanauthorisedpersonforanotherlocalgovernment; and(b)theadoptinglocalgovernmenthas,byresolution,decidedthatauthorisedpersonsoftheotherlocalgovernment may
be appointed as authorised persons ofthe adopting
local government.(4)TheappointmentofanauthorisedpersonmuststatetheprovisionsofthisActforwhichtheauthorisedpersonisappointed.(5)Anauthorisedperson’sappointmentissubjecttotheconditions stated in—(a)the document that appoints the
authorised person; or(b)awrittennoticegiventotheauthorisedpersonbythechief executive
officer; or(c)a regulation.203End
of appointment of authorised persons(1)A
person stops being an authorised person—(a)attheendofthetermofappointmentstatedinthedocument that
appointed the authorised person; or(b)iftheauthorisedpersongivesthelocalgovernmentasigned notice of resignation; or(c)ifitisaconditionoftheauthorisedperson’sappointmentthattheauthorisedpersonholdanotherpositionatthesametime—iftheauthorisedpersonstops holding the other position.(2)If it is a condition of the authorised
person’s appointment thatthe authorised person hold another
position at the same time, aPage 192Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 6 Administration[s 204]notice of resignation acts as a notice of
resignation for bothpositions.(3)This
section does not limit the ways in which an authorisedperson’s appointment ends.204Identity card for authorised
persons(1)The chief executive officer must give
each authorised personan identity card.(2)This
section does not stop a single identity card being issuedto a
person for this Act and for another purpose.(3)A
person who stops being an authorised person must returnthe
person’s identity card to the chief executive officer,
within21 days after stopping being an authorised
person, unless theperson has a reasonable excuse.Maximum penalty for subsection (3)—10
penalty units.204AAuthorised persons must disclose
change in criminalhistory(1)This
section applies if there is a change in the criminal historyofanauthorisedperson(includingacquiringacriminalhistory, for
example).(2)The authorised person must, as soon as
practicable after thechange, disclose to the chief
executive officer the details ofthe change,
unless the person has a reasonable excuse.Maximum
penalty—100 penalty units.204BChief executive
officer may obtain report from policecommissioner(1)The
chief executive officer may ask the police commissionerto
give the chief executive officer the following informationabout an authorised person—(a)a written report about the person’s
criminal history;Current as at [Not applicable]Page
193
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 204C](b)a brief description of the
circumstances of a convictionmentioned in the
person’s criminal history.(2)The police
commissioner must comply with the request.(3)However,thedutyimposedonthepolicecommissionerapplies only to
information in the commissioner’s possessionor to which the
commissioner has access.204CUse of criminal
history information(1)This section is about the use of
criminal history information.(2)Criminalhistoryinformationisinformationaboutthecriminalhistoryofanauthorisedpersonobtainedundersection 204A or 204B.(3)Thedepartment’schiefexecutivemaymakeguidelinesfordealing with criminal history information to
ensure—(a)naturaljusticeisaffordedtotheauthorisedpersonsaboutwhomthecriminalhistoryinformationrelates;and(b)only relevant
criminal history information is consideredinassessingthesuitabilityofanauthorisedpersontoexercise a power under a Local
Government Act; and(c)decisionsbasedoncriminalhistoryinformationaremade
consistently.(4)The chief executive officer must
comply with the guidelines.(5)Apersonwhohas,orwillhave,adutytodiscloseundersection 204A may request a copy of the
guidelines from thedepartment.(6)Thechiefexecutiveofficermustnotusecriminalhistoryinformationforanypurposeotherthanforassessingthesuitability of an authorised person to
exercise a power under aLocal Government Act.Maximum penalty for subsection (6)—100
penalty units.Page 194Current as at
[Not applicable]
Notauthorised—indicativeonlyPart
6ALocal Government Act 2009Chapter 6
Administration[s 204D]Authorised
officers for thedepartment204DAppointing authorised officers(1)The department’s chief executive may
appoint a person as anauthorisedofficerforthedepartmentifthepersonhasthenecessary expertise or experience to
perform the functions ofthe office.(2)Anauthorisedofficer’sappointmentissubjecttotheconditions stated in—(a)the document that appoints the
officer; or(b)a written notice given to the officer
by the department’schief executive; or(c)a
regulation.204EEnd of appointment of authorised
officers(1)A person stops being an authorised
officer—(a)attheendofthetermofappointmentstatedinthedocument that
appointed the officer; or(b)iftheofficergivesthedepartment’schiefexecutiveasigned notice of resignation; or(c)if it is a condition of the officer’s
appointment that theofficerholdanotherpositionatthesametime—iftheofficer stops holding the other
position.(2)If it is a condition of the authorised
officer’s appointment thatthe officer hold another position at
the same time, a notice ofresignationfortheotherpositionactsasanoticeofresignation for both positions.(3)This section does not limit the ways
in which an authorisedofficer’s appointment ends.Current as at [Not applicable]Page
195
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 6 Administration[s 204F]204FIdentity card for authorised
officers(1)The department’s chief executive must
give each authorisedofficer an identity card.(2)This section does not stop a single
identity card being issuedto a person for this Act and for
another purpose.(3)A person who stops being an authorised
officer must returnthe person’s identity card to the chief
executive officer, within21 days after stopping being an
authorised officer, unless theperson has a
reasonable excuse.Maximum penalty for subsection (3)—10
penalty units.Part 7Interim
management205Interim management committee(1)Whenaninterimadministratorisappointedforalocalgovernment, the
Minister may appoint a committee of personstohelptheinterimadministratortoperformtheinterimadministrator’s
responsibilities.(2)A person may be appointed as a member
of a committee for alimited time or indefinitely.(3)The interim administrator is
chairperson of the committee andmust preside at
every meeting of the committee at which theinterim
administrator is present.(4)If, because of
absence or incapacity, the interim administratorcannotperformtheresponsibilitiesofchairpersonofthecommittee, the other members of the
committee must appointanother member to act as
chairperson.206Conditions of appointment as interim
administrator ormember of committee(1)Aninterimadministratororamemberofacommitteeisentitled to the fees, allowances and
expenses decided by theGovernor in Council.Page
196Current as at [Not applicable]
Local
Government Act 2009Chapter 6 Administration[s 207](2)An officer of the public service who
is appointed as an interimadministrator, or as a member of a
committee, may hold theappointment as well as the public
service office.Notauthorised—indicativeonly207End of appointment of interim
managementA person stops being an interim
administrator, or a member ofan interim
management committee—(a)ifthepersonresignsbysignednoticeofresignationgiven to the
department’s chief executive; or(b)if
the Governor in Council, for any reason, cancels theperson’s appointment; or(c)at
the conclusion of a fresh election of the councillors ofthe
local government.Part 8The
superannuation board208Superannuation board (LGIAsuper
Trustee)(1)TheQueenslandLocalGovernmentSuperannuationBoardunderthe1993ActcontinuesinexistenceunderthisActunder the name LGIAsuper Trustee.(2)LGIAsuper Trustee—(a)is a
body corporate; and(b)may sue and be sued in its corporate
name.209LGIAsuper Trustee’s
responsibilities(1)LGIAsuperTrustee’sprimaryresponsibilityistoactasthetrustee of LGIAsuper.(2)LGIAsuper Trustee may delegate its
powers to—(a)a committee of its directors;
or(b)an employee of LGIAsuper
Trustee.Current as at [Not applicable]Page
197
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 210]210Board of directors(1)LGIAsuper Trustee has a board of
directors.(2)TheboardofdirectorsisresponsibleforhowLGIAsuperTrustee performs
its responsibilities.(3)TheboardofdirectorsmustensureLGIAsuperTrusteeperforms its
responsibilities in a proper, effective and efficientway.(4)The
board of directors consists of the persons making up theboard under the trust deed containing the
rules that govern theoperation of LGIAsuper.(5)The directors must be appointed under
the rules established tocomply with the Commonwealth Super
Act.211Seal of LGIAsuper Trustee(1)LGIAsuper Trustee has a seal.(2)Judicial notice must be taken of the
seal on a document.(3)A document marked with the seal must
be presumed to havebeen properly sealed, unless the contrary is
proved.Chapter 7Other
provisionsPart 1Way to hold a
hearing212What this part is about(1)This part sets out the way to hold a
hearing under this Act.(2)Thepersonorotherentitythatisconductingthehearingiscalled theinvestigatorin this
part.Page 198Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
213]213Procedures at hearing(1)When conducting a hearing, the
investigator must—(a)observe natural justice; but(b)act as quickly and informally as is
consistent with a fairandproperconsiderationoftheissuesraisedinthehearing.(2)For example, the investigator
may—(a)actintheabsenceofapersonwhohasbeengivenreasonable notice of the hearing; or(b)receive evidence by statutory
declaration; or(c)refusetoallowapersontoberepresentedbyalegalpractitioner;
or(d)disregard the rules of evidence;
or(e)disregard any defect, error, omission
or insufficiency ina document; or(f)allow a document to be amended; or(g)adjourn a hearing.(3)However, the investigator must comply with
any proceduralrules prescribed under a regulation.(4)A hearing is not affected by a change
of the members of anentity that is the
investigator.214Witnesses at hearings(1)Theinvestigatormayrequireaperson,bygivingthemawritten notice, to attend a hearing as
a witness in order to—(a)give evidence;
or(b)produce specified documents.(2)The person must—(a)attend at the time and place specified in
the notice; and(b)continue to attend until excused by
the investigator; andCurrent as at [Not applicable]Page
199
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 215](c)take an oath or make an affirmation if
required by theinvestigator; and(d)answer a question that the person is
required to answerby the investigator, unless the person has a
reasonableexcuse; and(e)produceadocumentthatthepersonisrequiredtoproducebytheinvestigator,unlessthepersonhasareasonable excuse.Maximum
penalty—35 penalty units.(3)Apersonhasareasonableexcuseforfailingtoansweraquestion or produce a document if answering
the question orproducing the document might tend to
incriminate the person.(4)A person who
attends as a witness is entitled to—(a)the
witness fees that are prescribed under a regulation;or(b)if no witness
fees are prescribed, the reasonable witnessfees decided by
the investigator.215Contempt at hearingA
person must not—(a)insult the investigator in a hearing;
or(b)deliberately interrupt a hearing;
or(c)take part in a disturbance in or near
a place where theinvestigator is conducting a hearing;
or(d)doanythingthatwouldbeacontemptofcourtiftheinvestigator were a court.Maximum penalty—50 penalty units.Page
200Current as at [Not applicable]
Part
2Local Government Act 2009Chapter 7 Other
provisions[s 216]SuperannuationNotauthorised—indicativeonlyDivision 1Preliminary216What
this part is about(1)This part is primarily about
superannuation for certain personswho are
connected to a local government.(2)This
part also provides for other persons to become membersof
LGIAsuper.216ADefinitions for pt 2In
this part—chosen fund, for an
employee of a local government or localgovernment
entity, means—(a)iftheemployeehasgivenadirectionundersection219(2)—the fund
the subject of the direction; or(b)otherwise—LGIAsuper.definedbenefitcategorymeansadefinedbenefitcategoryunder the trust
deed.defined benefit membermeans a person
who is a member ofLGIAsuper in a defined benefit
category.fundmeans a
superannuation fund, superannuation scheme,approveddepositfund,orRSA,asdefinedundertheSuperannuationGuarantee(Administration)Act1992(Cwlth).local governmentincludes the
Brisbane City Council.local government entitymeans an entity, prescribed under aregulation, that—(a)under an Act, exercises a power similar to a
power thatmay be exercised by a local government in
performingthe local government’s responsibilities;
orCurrent as at [Not applicable]Page
201
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 216A](b)underanAct,exclusivelyperformsaresponsibilityinrelation to the system of local government;
or(c)exclusively exercises, for a local
government, a powerthatmaybeexercisedbythelocalgovernmentinperforming the local government’s
responsibilities; or(d)helps a local
government in the performance of the localgovernment’s
responsibilities.permanent employee—(a)ofalocalgovernment(otherthantheBrisbaneCityCouncil)oralocalgovernmententity—seesection216B; or(b)of
the Brisbane City Council—see section 216C.relevantfund,forapermanentemployeeofalocalgovernment or
local government entity, means—(a)if
the employee is a defined benefit member—(i)inrelationtotheemployee’smembershipinLGIAsuperinthedefinedbenefitcategory—LGIAsuper;
or(ii)otherwise—the
employee’s chosen fund; or(b)otherwise—the
employee’s chosen fund.relevanttrustee,forapermanentemployeeofalocalgovernmentorlocalgovernmententity,meansthetrustee(however named)
of the relevant fund for the employee.superannuation
contributions, for a person, means—(a)generally—superannuation contributions
required to bemadeforthepersonunderanyofthefollowinginstruments—(i)the
Commonwealth Super Act;(ii)another Act of
the Commonwealth or an Act of theState;(iii)an industrial
instrument; andPage 202Current as at
[Not applicable]
Local
Government Act 2009Chapter 7 Other provisions[s
216B](b)for a permanent employee of a local
government or localgovernmententity—thesuperannuationcontributionsmentionedinparagraph(a)madeforthepersonasprovided under this Act.Notauthorised—indicativeonly216BWho ispermanent
employeeof a local government (otherthan
the Brisbane City Council) or local governmententity(1)An employee of a local government
other than the BrisbaneCityCouncilisapermanentemployeeofthelocalgovernment
if—(a)theemployeehasbeencontinuouslyemployedbythelocal government
for at least 1 year; or(b)theemployeehasbeencontinuouslyemployedbythelocal government
for less than 1 year, but has elected tobe a permanent
employee for this part by written noticegiven to the
local government.(2)For subsection (1)—(a)anemployeeiscontinuouslyemployedbyalocalgovernment for a period if, for the period,
the employeeis employed—(i)by
the local government; or(ii)bythelocalgovernment,andotherlocalgovernmentsorlocalgovernmententities,consecutively; but(b)anemployeeisnotcontinuouslyemployedbyalocalgovernmentforaperiodif,duringtheperiod,theemployee’s employment as mentioned in
paragraph (a)is broken by a period of 60 or more
consecutive daysduring which the employee—(i)was not employed by a local government
or localgovernment entity; and(ii)wasnotinapositiontoacceptanofferofemploymentbyalocalgovernmentorlocalgovernment
entity.Current as at [Not applicable]Page
203
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 216C](3)Anemployeeofalocalgovernmententityisapermanentemployeeofthelocalgovernmententityifthelocalgovernment entity declares the employee to
be a permanentemployee by written notice given to the
relevant trustee.(4)However, an employee is not a
permanent employee of a localgovernment
(other than the Brisbane City Council) or a localgovernment entity if—(a)the
employee is employed by the local government orlocalgovernmententityonlytocarryoutworkonaparticular job or project; and(b)theemployee’semploymentisdependantonthetimetaken to carry
out the job or project.(5)Also,anemployeeisnotapermanentemployeeofalocalgovernment
(other than the Brisbane City Council) or a localgovernment entity if the employee is
employed by the localgovernmentorlocalgovernmententityunderafederallyfundedcommunitydevelopmentprojectforAboriginesorTorres Strait Islanders.216CWho
ispermanent employeeof the Brisbane
City CouncilAnemployeeoftheBrisbaneCityCouncilisapermanentemployeeof
the Council if—(a)the employee is employed other than on
a temporary orcasual basis, and the employee’s employment
is subjectto an industrial instrument; or(b)the employee is employed on contract,
or for a specifictime or for the duration of a specific
function, and theCouncildeclarestheemployeetobeapermanentemployee by written notice given to the
relevant trustee.Page 204Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 2LGIAsuperLocal
Government Act 2009Chapter 7 Other provisions[s
217]217LGIAsuper(1)TheLocalGovernmentSuperannuationSchemeunderthe1993ActcontinuesinexistenceunderthisActunderthename
LGIAsuper.(2)LGIAsuper Trustee must make a trust
deed that contains—(a)the rules that govern the operation of
LGIAsuper; and(b)the matters that, under the
Commonwealth Super Act,arerequiredtobecontainedinthegoverningrulesofregulatedsuperannuationfundswithinthemeaningofthat
Act.(3)In particular, the trust deed must
provide for—(a)the yearly contribution that a local
government or localgovernment entity must make for a permanent
employeewho is a defined benefit member, based on
the advice ofan actuary; andNote—See
section 220(2) for the contribution a local government orlocal government entity must make for a
permanent employee.(b)the terms and conditions on which
LGIAsuper Trusteemustobtainadvicefromanactuaryinrelationtothefunds that LGIAsuper Trustee
administers.(4)LGIAsuperTrusteemayincludeparticularothermattersinthe
trust deed under section 220B or 220C.(5)Anactuaryisanaccreditedmember,orafellow,oftheInstitute of
Actuaries of Australia.218LGIAsuper
membership open to everyoneLGIAsuper is
open to membership by any person, subject tothe requirements
about membership in the trust deed.Current as at
[Not applicable]Page 205
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 219]219LGIAsuper is default fund for
particular employees(1)Unlessaprescribedemployeegivesadirectionundersubsection (2), the prescribed employee’s
employer must paysuperannuationcontributionspayablefortheemployeeintoLGIAsuper.(2)Aprescribedemployeemay,bywrittennoticegiventotheprescribed employee’s employer, direct
the person’s employerto pay superannuation contributions
payable for the employeeinto a fund other than
LGIAsuper.Note—See theSuperannuation Guarantee (Administration)
Act 1992(Cwlth)for employer
obligations relating to an employee’s choice of fund.(3)Subsection(2)doesnotapplyinrelationtoaprescribedemployee’s
membership in a defined benefit category.(4)In
this section—prescribed employeemeans—(a)an employee of a local government;
or(b)an employee of a local government
entity; or(c)anemployeeofLGIAsuperwhoiseligibleformembership in LGIAsuper under the trust
deed.219ALGIAsuper Trustee may obtain details
of salary changesfor particular members(1)LGIAsuper Trustee may, by written notice,
require each of thefollowing to give LGIAsuper Trustee details
of the salary ofeachofitspermanentemployeeswhoareLGIAsupermembersafteranychangetothesalaryofanyoftheemployees—(a)alocalgovernmentotherthantheBrisbaneCityCouncil;(b)a
local government entity.(2)The notice must
state the day on which the details must begiven to
LGIAsuper Trustee.Page 206Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
220](3)The local government or local
government entity must complywith the
notice.Division 3Superannuation
contributions forparticular employees220Amount of yearly contributions—particular
employers(1)This section applies to the following
(eachan employer)—(a)a local government;(b)a local government entity.(2)Theyearlycontributionanemployermustmakeforapermanent employee of the employer to
the relevant fund forthe employee is—(a)for
the employee’s membership (if any) in LGIAsuper inadefinedbenefitcategory—theamountstated,fromtime
to time, in the trust deed; or(b)for
the employee’s membership (if any) in LGIAsuper inthe
accumulation category under the trust deed, or theemployee’s membership in any other fund—the
amountprescribed by a regulation.(3)If an employer is required under an
industrial instrument tomakesuperannuationcontributionsforanemployee,thesuperannuationcontributionrequiredundertheindustrialinstrumentisnotinadditiontotheyearlycontributiontheemployer is required to make under this
section.(4)An employer need not pay an amount as
a yearly contributiontotheextentthattheamountcannotbeacceptedbyaregulatedsuperannuationfundundertheCommonwealthSuper
Act.Note—SeetheSuperannuationIndustry(Supervision)Regulations1994(Cwlth), regulation 7.04.Current as at [Not applicable]Page
207
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 220A](5)An employer must pay the yearly
contribution within the timeprescribed under
a regulation.(6)Subsection (2)(b) is subject to
section 220B.220AAmount of yearly
contributions—permanent employees(1)This
section applies to a permanent employee (anemployee)of a local government or local
government entity.(2)An employee must make a yearly
contribution to the relevantfundfortheemployeeoftheamountprescribedunderaregulation.(3)An
employee need not make the yearly contribution under thissection if a local government or local
government entity forthe employee makes the contribution,
in accordance with theemployee’sremunerationagreement,aswellastheyearlycontribution
that it is required to make under this Act.(4)Thelocalgovernmentorlocalgovernmententityforanemployeemay(despitetheprovisionsofanyotherAct)deduct all or part of the employee’s
contributions from—(a)the employee’s salary; or(b)any money that the employee owes to
it.(5)If an employee is required under an
industrial instrument tomakesuperannuationcontributions,thesuperannuationcontribution
required under the industrial instrument is not inaddition to the yearly contribution the
employee is required tomake under this section.(6)Subsection (2) is subject to sections
220B and 220C.(7)Subsection (3) is subject to section
220B.220BReduction in contributions to prevent
them exceedingconcessional contributions cap(1)Subsection (2)appliesifthetotalofthefollowing(thepre-agreement
contributions) would, but for subsection (2),Page
208Current as at [Not applicable]
Local
Government Act 2009Chapter 7 Other provisions[s
220B]Notauthorised—indicativeonlybemorethananemployee’sconcessionalcontributionscapfor
a financial year—(a)theyearlycontributionbytheemployee’semployermade
under section 220(2) to the relevant fund for theemployee;(b)theyearlycontributionbytheemployeemadeundersection 220A(2)
to the relevant fund for the employee.(2)The
employer and employee may agree in writing—(a)to
reduce the pre-agreement contributions to the amountequal to the employee’s concessional
contributions capfor the financial year; and(b)if a yearly contribution made under
section 220A(3) ispart of the pre-agreement contributions—on
the extent,ifany,towhichacontributionmentionedinsubsection (1)(a) or (b) will be
reduced to achieve thereduction.(3)Ifthepre-agreementcontributionsarereducedundersubsection (2)—(a)theamountofthereductionmustbepaidbytheemployer to the employee as salary;
and(b)no contribution is payable under
section 220(2) by theemployerbecauseofsalarypaidunderparagraph(a);and(c)no contribution is payable under
section 220A(2) by theemployeebecauseofsalarypaidunderparagraph(a)otherthantotheextent,ifany,towhichthesalaryamountrelatestoareductionofayearlycontributionunder section
220A(3).(4)In this section—concessional
contributions cap, for an employee, means theemployee’sconcessionalcontributionscapwithinthemeaningoftheIncomeTaxAssessmentAct1997(Cwlth),section 292-20(2),subjecttotheIncomeTax(TransitionalProvisions) Act
1997(Cwlth) section 292-20(2).Current as at [Not applicable]Page
209
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 221]221Exemption from payment of yearly
contributions ongrounds of financial hardship(1)Thissectionappliestoapermanentemployeeofalocalgovernment or local government entity, other
than in relationtotheemployee’smembership(ifany)inLGIAsuperinadefined benefit category.(2)Anemployeeandtheemployee’semployermayagreeinwriting—(a)thattheemployeeisexempt,onthegroundsoftheemployee’sfinancialhardship,frompayingallorastatedpartofthecontributionspayableundersection220A(2) by the employee; and(b)on the period, of not more than 1
year, of the exemption.(3)Subsection(2)(b)doesnotlimitthenumberoftimestheemployerandemployeemayagreetoanexemptionundersubsection (1) for the employee.(4)Theemployeroremployeemustgivetherelevanttrusteeacopy of the agreement within 2 months
after the agreement ismade.222Adjusting contributions if salary
decreased(1)This section applies if the salary of
a permanent employee of alocal government or local government
entity decreases.(2)The employee may, within 60 days after
the decrease in salarytakes effect, give the local
government or local governmententitywrittennoticethattheemployeewantstopaycontributions as
if the employee’s salary had not decreased.(3)If
the employee gives a notice under subsection (2), the localgovernmentorlocalgovernmententitymustcalculatetheyearlycontributionspayable
fortheemployeebasedontheemployee’s
salary before it was decreased.Page 210Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
224]224Interest is payable on unpaid
contributions(1)This section applies if a local
government or local governmententity does not
pay a superannuation contribution payable foranemployeeofthelocalgovernmentorlocalgovernmententitywithin14daysaftertheendoftheemployee’spayperiod for which the contribution is
payable.(2)Thelocalgovernmentorlocalgovernmententitymustpayinterest on the amount of the contribution
to the relevant fundfor the employee.(3)Any
interest that is payable—(a)is to be paid at
the rate prescribed under a regulation;and(b)is to be calculated on a daily
basis.225Local governments must not establish
employeesuperannuation schemesAlocalgovernment(otherthantheBrisbaneCityCouncil)must not
establish a superannuation scheme for its employees.226Super scheme for councillors(1)Alocalgovernment(otherthantheBrisbaneCityCouncil)may, for its
councillors—(a)establish and amend a superannuation
scheme; or(b)take part in a superannuation
scheme.Note—ForasimilarpoweroftheBrisbaneCityCouncil,seetheCityofBrisbane Act 2010, section
210.(2)If it does so, the local government
may pay an amount from itsoperating fund to the superannuation
scheme as a contributionfor its councillors.(3)However, the local government must not
make contributionsto the superannuation scheme—Current as at [Not applicable]Page
211
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 228](a)of more than the proportion of a
salary that is payable bythelocalgovernmentforitsstandardpermanentemployees under this part; or(b)for a person who is no longer a
councillor.(4)Acouncillorofthelocalgovernmentmayenterintoanarrangement with the local government
under which—(a)the councillor agrees to forgo a
percentage or amount ofthe remuneration that the councillor
is entitled to as acouncillor; and(b)the
local government agrees to contribute the percentageoramounttothesuperannuationschemeforthecouncillor.(5)Asuperannuationschemeisasuperannuationschemethatcomplies with
the Commonwealth Super Act.Part 3Allocating Commonwealthfunding to local
governmentsDivision 1Allocating
Commonwealth funding228Allocating Commonwealth funding(1)Thegrantscommissionis a body that
is created under thisActtoperformtheresponsibilitiesofaLocalGovernmentGrants
Commission under the Local Government (FinancialAssistance) Act.(2)ThegrantscommissionandtheMinistermustcomplywiththe
Local Government (Financial Assistance) Act.(3)The
public hearings that the grants commission is required tohold
under the Local Government (Financial Assistance) Actmust
be held in the way set out in part 1.(4)If—Page 212Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
229](a)the grants commission requires a local
governing bodytoprovideinformationtohelpthegrantscommissionmakeadecisionaboutfundingundertheLocalGovernment
(Financial Assistance) Act; and(b)the
local governing body does not make a submission bythe
date reasonably specified by the grants commission;thegrantscommissioncanrecommendthatnofundingbeallocated to the local governing
body.(5)Alocal governing
bodyis a local governing body within themeaning of the Local Government (Financial
Assistance) Act.(6)TheMinistermustnotdistributetoalocalgovernmentanamount equal to notional GST if the local
government has notpaid the notional GST.(7)Notional GSTis an amount
that a local government may payunder theGST
and Related Matters Act 2000, section
5.(8)TheMinistermusttablethefollowingintheLegislativeAssembly—(a)thegrantscommission’srecommendationsabouttheallocation of funding;(b)a breakdown of how the funding was
allocated betweenlocal governments.229Decisions under this division are not
subject to appealA decision of the grants commission or the
Minister under thisdivision is not subject to appeal.Note—See section 244
(Decisions not subject to appeal) for more information.Current as at [Not applicable]Page
213
Local
Government Act 2009Chapter 7 Other provisions[s 230]Division 2The grants
commissionNotauthorised—indicativeonly230Grants commission
is established(1)TheLocalGovernmentGrantsCommission(thegrantscommission) is
established.(2)Thegrantscommissionismadeupofthefollowingmembers—(a)a
chairperson;(b)a deputy chairperson;(c)4 other members.231Members of grants commission(1)TheGovernorinCouncilmustappointthemembersofthegrants commission.(2)The
Governor in Council must ensure—(a)the
person who is appointed as the deputy chairperson isan
officer of the department; and(b)at
least 1 member has knowledge of local government inrelationtolocalgovernmentareasofindigenousregionalcouncilsandotherindigenouslocalgovernments; and(c)the
other members have knowledge of local government.(3)A member may be appointed for a term
of not longer than 3years.(4)A
member holds office on the conditions (including about feesandallowances,forexample)thattheGovernorinCouncildecides.(5)The Governor in Council may pay
members different rates.(6)A person may be
a member of the grants commission at thesame time as the
person holds an office under another Act,even though the
other Act—Page 214Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
232](a)requirestheholderofanofficetodevotealloftheperson’s time to
the duties of the office; or(b)prohibitstheholderofanofficefromengaginginemployment outside the duties of the
office.(7)A person stops being a member of the
grants commission if—(a)thememberresignsbysignednoticeofresignationgiven to the
Minister; or(b)the member is convicted of an
indictable offence; or(c)if the member is
the deputy chairperson—the memberstops being an
officer of the department; or(d)theGovernorinCouncilcancelsthemember’sappointment.(8)The
Governor in Council may cancel a member’s appointmentif
the member—(a)becomesincapableofperformingdutiesbecauseofphysical or mental incapacity; or(b)engages in misbehaviour; or(c)is incompetent; or(d)uses
the office for party political purposes; or(e)doesanythingelsethattheGovernorinCouncilconsiders is a
reasonable and sufficient justification forremoval from
office.(9)The Governor in Council may appoint a
person to act for amember of the grants commission if the
member is—(a)absent; or(b)unabletocarryoutthemember’sresponsibilities(including
because of illness, for example).232Conflict of interests(1)This
section applies if—Current as at [Not applicable]Page
215
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 233](a)amemberofthegrantscommissionhasadirectorindirect financial interest in a matter
being considered,orabouttobeconsidered,bythegrantscommission;and(b)the interest could conflict with the
proper performanceof the member’s responsibilities for the
matter.(2)Thepersonmustnottakepart,ortakefurtherpart,inanyconsideration of the matter.Maximum penalty—35 penalty units.(3)As soon as practicable after the
member becomes aware thatthis section applies to the member,
the member must informthe department’s chief
executive.Maximum penalty—35 penalty units.233Staff assistance to the grants
commissionThe department’s chief executive must make
available to thegrantscommissionthestaffassistancethatthegrantscommission needs
to effectively perform its responsibilities.Part 4Legal provisions234False
or misleading information(1)A person commits
an offence if the person gives informationfor this Act
(either orally or in a document), that the personknows is false or misleading in a material
particular, to any ofthe following persons—(a)the Minister;(b)the
department’s chief executive;(c)the
chief executive officer;(d)an authorised
person;(e)the change commission;Page
216Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
235](f)a regional conduct review
panel;(g)the tribunal;(h)the
grants commission.Maximum penalty—100 penalty units.(2)However, the person does not commit an
offence in relation toinformationinadocumentif,whenthepersongivesthedocument to the other person—(a)thepersontellstheotherpersonthatthedocumentisfalse or misleading, and in what respect the
document isfalse or misleading; and(b)if
the person has, or can reasonably obtain, the correctinformation—thepersongivestheotherpersonthecorrect information.235Administrators who act honestly and
without negligenceare protected from liability(1)A State administrator or local
government administrator is notcivillyliableforanactdoneunderthisActortheLocalGovernment
Electoral Act, or omission made under this Actor the Local
Government Electoral Act, honestly and withoutnegligence.(2)AState administratoris—(a)the Minister;
or(b)the department’s chief executive;
or(c)an authorised officer; or(d)a member of the change commission;
or(e)a member of the grants commission;
or(f)a member of a regional conduct review
panel; or(g)a member of the tribunal; or(h)apersonactingunderthedirectionofapersonmentioned in
paragraph (a), (b) or (c); orCurrent as at
[Not applicable]Page 217
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 236](i)an advisor or financial
controller.(3)Alocal government
administratoris—(a)a councillor;
or(b)the chief executive officer; or(c)an authorised person; or(d)another local government employee;
or(e)an interim administrator.(4)Ifsubsection
(1)preventscivilliabilityattachingtoaStateadministrator, liability attaches instead to
the State.(5)Ifsubsection
(1)preventscivilliabilityattachingtoalocalgovernmentadministrator,liabilityattachesinsteadtothelocal
government.(6)A jointlocalgovernment,or any member of
the joint localgovernment, is not civilly liable for an act
done under this Act,oromissionmadeunderthisAct,honestlyandwithoutnegligence.(7)If
subsection (6) prevents civil liability attaching to a
memberofajointlocalgovernment,liabilityattachesinsteadtothelocal government
for which the member is a councillor.(8)The
protection given under this section is in addition to anyother protection given under another law or
Act (including thePublic Interest Disclosure Act 2010,
for example).236Who is authorised to sign local
government documents(1)The following
persons may sign a document on behalf of alocal
government—(a)the head of the local
government;(b)a delegate of the local
government;(c)acouncillororlocalgovernmentemployeewhoisauthorisedbytheheadofthelocalgovernment,inwriting, to sign documents.Page
218Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
236A]Note—See section 257
for the local government’s power to delegate.(2)Thehead of the local governmentis—(a)the mayor;
or(b)ifallofthecouncillorshavebeendismissedundersection 123 and
an interim administrator is appointed—the interim
administrator; or(c)if there are no councillors for any
other reason and aninterim administrator has not been
appointed—the chiefexecutive officer.236AWho
is authorised to sign joint local governmentdocumentsThe
following persons may sign a document on behalf of ajoint local government—(a)the
chairperson of the joint local government;(b)a
delegate of the joint local government;(c)a
member of the joint local government, or a joint localgovernmentemployee,whoisauthorisedbythechairperson of the joint local
government, in writing, tosign documents.237Name
in proceedings by or against a local government(1)Any
proceedings by a local government must be started in thename
of the local government.(2)However, a local
government may start a proceeding under theJustices Act
1886in the name of a local government
employeewho is a public officer within the meaning
of that Act.(3)Any proceedings against a local
government must be startedagainst the local government in its
name.Current as at [Not applicable]Page
219
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 237A]237AName in proceedings by or against a
joint localgovernment(1)A
proceeding by a joint local government must be started inthe
name of the joint local government.(2)However,ajointlocalgovernmentmaystartaproceedingundertheJusticesAct1886inthenameofajointlocalgovernmentemployeewhoisapublicofficerwithinthemeaning of that Act.(3)A
proceeding against a joint local government must be startedagainst the joint local government in its
name.238Service of documents on local
governmentsA document is properly served on a local
government if it isgiven to the chief executive officer in a
way that is authorisedby law.239Substituted service(1)If
an owner of rateable land is known to be absent from theState, a local government may serve a
document on the ownerby serving the document on the owner’s
agent in the State.(2)Subsection (3) applies if—(a)a local government must serve a
document on a personwho owns or occupies a property;
but(b)thelocalgovernmentdoesnotknow,orisuncertainabout, the
person’s current address.(3)The local
government may serve the document by—(a)publishinganoticethatcontainsasummaryofthedocument in—(i)anewspaperthatiscirculatinggenerallythroughout the State; and(ii)the gazette;
andPage 220Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
239A](b)publishing a notice that contains a
copy of the documenton the local government’s
website.(4)The notice must be addressed
to—(a)if the local government knows the
person’s name—theperson by name; or(b)ifthelocalgovernmentdoesnotknowtheperson’sname—the‘owner’or‘occupier’attheproperty’saddress.(5)In this section, a reference to a
local government includes areference to a
joint local government.239ALocal Government
Acts requiring a statement of a lawAprovisionofaLocalGovernmentAct,thatrequiresadocumenttocontainastatementofarelevantprovisionoflaw, is taken to be complied with if
the document states thatparticulars of the relevant provision
may be—(a)obtained,freeofcharge,onapplicationtothelocalgovernment;
or(b)viewed at an identified
website.240Acting for a local government in legal
proceedings(1)Inanyproceedings,thechiefexecutiveofficer,oranotheremployee
authorised in writing by the local government—(a)may
give instructions and act as the authorised agent forthe
local government; and(b)may sign all
documents for the local government.(2)A
local government must pay the costs incurred by the chiefexecutive officer or other employee in any
proceedings.(3)If the Attorney-General could take
proceedings on behalf of alocalgovernmenttoensurecompliancewithaLocalGovernmentAct,thelocalgovernmentmaytaketheproceeding in its own name.Current as at [Not applicable]Page
221
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 241](4)Inanyproceedings,thechairpersonofajointlocalgovernment, or another employee authorised
in writing by thejoint local government—(a)may
give instructions and act as the authorised agent forthe
joint local government; and(b)may
sign all documents for the joint local government.(5)A joint local government must pay the
costs incurred by thechairperson or other employee in any
proceedings.241Attempt to commit offenceA
person who attempts to commit an offence against this Actcommits an offence and, on conviction, is
liable to the samepenalties as if the person had committed the
offence.242Types of offences under this
Act(1)An offence against this Act that has a
penalty of more than 2yearsimprisonment,isanindictableoffencethatisamisdemeanour.(2)Any
other offence against this Act is a summary offence.(3)A proceeding for an indictable offence
may be taken, at theprosecution’s election—(a)by way of summary proceedings under
theJustices Act1886;
or(b)on indictment.(4)A
magistrate must not hear an indictable offence summarilyif—(a)atthestartofthehearing,thedefendantasksthatthecharge be prosecuted on indictment;
or(b)themagistrateconsidersthatthechargeshouldbeprosecuted on indictment.(5)If subsection (4) applies—Page
222Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
243](a)the magistrate must proceed by way of
an examinationof witnesses for an indictable offence;
and(b)apleaofthepersonchargedatthestartoftheproceeding must be disregarded;
and(c)evidencebroughtintheproceedingbeforethemagistrate decided to act under
subsection (4) is takento be evidence in the proceeding for
the committal of theperson for trial or sentence;
and(d)before committing the person for trial
or sentence, themagistratemustmakeastatementtothepersonasrequired by theJustices Act
1886, section 104(2)(b).(6)The
maximum penalty that may be summarily imposed for anindictableoffenceis100penaltyunitsor1year’simprisonment.(7)Aproceedingmustbebeforeamagistrateifitisaproceeding—(a)for
the summary conviction of a person on a charge foran
indictable offence; or(b)foranexaminationofwitnessesforachargeforanindictable offence.(8)However, if a proceeding for an
indictable offence is broughtbefore a justice
who is not a magistrate, jurisdiction is limitedto
taking or making a procedural action or order within themeaning of theJustices of the
Peace and Commissioners forDeclarations Act
1991.243Time to start
proceedings in a summary wayProceedingsforanoffenceagainstthisActthataretobeheard in a
summary way under theJustices Act 1886must bestarted—(a)within 1 year after the offence was
committed; or(b)within6monthsaftertheoffencecomestothecomplainant’s
knowledge, but within 2 years after theoffence was
committed.Current as at [Not applicable]Page
223
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 244]244Decisions not subject to appeal(1)If a provision of this Act declares a
decision to be not subjectto appeal, that means the
decision—(a)cannotbeappealedagainst,challenged,reviewed,quashed,setaside,orcalledintoquestioninanyway(including under
the Judicial Review Act, for example);and(b)isnotsubjecttoanywritororderofacourtonanyground.Examples—1A person may not bring any proceedings
for an injunction to stopconduct that is authorised by the
decision.2A person may not bring any proceedings
for a declaration about thevalidity of
conduct that is authorised by the decision.(2)Adecisionincludes—(a)conduct related to making the
decision; and(b)a failure to make a decision.(3)Acourtincludes a tribunal or another similar
entity.245Judges and other office holders not
disqualified fromadjudicating(1)A
judge, magistrate, justice or presiding member of a tribunalisnotdisqualifiedfromadjudicatinginanyproceedingstowhich a local government is a party only
because the personis, or is liable to be, a ratepayer of the
local government.(2)A judge, magistrate, justice or
presiding member of a tribunalisnotdisqualifiedfromadjudicatinginanyproceedingstowhichajointlocalgovernmentisapartyonlybecausetheperson is, or is liable to be, a ratepayer
of a component localgovernment for the joint local
government.Page 224Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
246]246Where fines are to be paid to(1)Thissectionappliesif,inproceedingsbroughtbyalocalgovernment for an offence against a Local
Government Act,the court imposes a fine.(2)Thefinemustbepaidtothelocalgovernment’soperatingfund, unless the court ordered the fine to
be paid to a person.(3)In this section,
a reference to a local government includes areference to a
joint local government.247Local government
references in this Act(1)In a provision
of this Act about a local government—(a)areferencetothemayororanothercouncillorisareference to the mayor or another
councillor of the localgovernment; and(b)areferencetothechiefexecutiveofficeroranotheremployee is a
reference to the chief executive officer oranother employee
of the local government; and(c)a
reference to an authorised person is a reference to anauthorisedpersonappointedbythelocalgovernment;and(d)a reference to a local government area
is a reference tothe local government area of the local
government.(2)In a provision of this Act, a
reference to a local government isa reference to
the local government that—(a)in a provision
about the mayor or another councillor—the mayor or
other councillor was elected or appointedto; and(b)inaprovisionaboutthechiefexecutiveofficeroranother employee—employs the chief executive
officeror another employee; and(c)inaprovisionaboutanauthorisedperson—appointedthe authorised
person; andCurrent as at [Not applicable]Page
225
Local
Government Act 2009Chapter 7 Other provisions[s 248](d)inaprovisionaboutalocalgovernmentarea—hasjurisdiction over the local government
area.Notauthorised—indicativeonly248Evidence of local
laws(1)Inanyproceedings,acertifiedcopyofalocallaworconsolidated
version of a local law is evidence of the contentof
the local law or consolidated version of the local law.(2)Acertified
copyof a local law or consolidated version of
alocal law is a copy that has been certified
by—(a)for a local law made by a local
government—the chiefexecutiveofficertobethelocallaworconsolidatedversion as made
by the local government; or(b)for
a local law made by a joint local government—thechairperson of the joint local government to
be the locallaw or consolidated version as made by the
joint localgovernment.(3)In
any proceedings, a copy of the gazette that contains a
noticeof making a local law is—(a)evidence of the content of the notice;
and(b)evidence that the local law has been
properly made.(4)In any proceedings, the competence of
a local government orjointlocalgovernmenttomakeaparticularlocallawispresumed unless
the matter is raised.249Evidence of
proceedings(1)This section applies to a document
that—(a)purportstobeacopyofanentryinarecordoftheproceedings
of—(i)the local government; or(ii)a committee of a
local government; and(b)purports to have
been signed at the time when the entrywas made
by—Page 226Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
250](i)the mayor; or(ii)the
chairperson of the committee; and(c)iscertifiedbythechiefexecutiveofficertobeatruecopy
of the document.(2)Also, this section applies to a
document that—(a)purportstobeacopyofanentryinarecordoftheproceedings of a
joint local government; and(b)purports to have been signed at the time
when the entrywasmadebythechairpersonofthejointlocalgovernment; and(c)is
certified by the chairperson to be a true copy of thedocument.(3)The
document is evidence—(a)of the
proceedings; and(b)that the proceedings were properly
held.250Evidentiary value of copies(1)This section applies to a copy of a
document that—(a)purportstobemadeundertheauthorityofalocalgovernment or
its mayor; and(b)purportstobeverifiedbythemayororanemployeewho is
authorised by the local government.(2)Also, this section applies to a copy of a
document that—(a)purports to be made under the
authority of a joint localgovernment or its chairperson;
and(b)purportstobeverifiedbythechairpersonoranemployeewhoisauthorisedbythejointlocalgovernment.(3)The
copy of the document is evidence in any proceedings as ifthe
copy were the original of the document.Current as at
[Not applicable]Page 227
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 251]251Evidentiary value of
certificates(1)This section applies to a certificate
that—(a)purports to be about the state of, or
a fact in, a record ofthe local government; and(b)purports to be signed by the chief
executive officer.(2)Also, this section applies to a
certificate that—(a)purports to be about the state of, or
a fact in, a record ofa joint local government; and(b)purportstobesignedbythechairpersonofthejointlocal
government.(3)Thecertificateisevidenceofthematterscontainedinthecertificate.252Evidence of directions given to local
government or jointlocal government(1)This
section applies to a document that—(a)purportstobeadirectionthattheMinister,orthedepartment’schiefexecutive,gavetoalocalgovernment or a joint local government under
this Act;and(b)purportstobecertifiedbyorfortheMinister,orthedepartment’s chief executive, to be a
true copy of thedirection.(2)The
document is evidence of—(a)the giving of
the direction; and(b)the matters contained in the
direction.253Evidence of complainant’s knowledge of
matterInacomplaintstartingproceedings,astatementthatthematter of the complaint came to the
complainant’s knowledgeon a stated day is evidence of the
matter.Page 228Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
254]254Constitution and limits of local
government need not beprovedIt is not
necessary for the plaintiff in any proceedings startedby,
for or against a local government to prove—(a)the
local government’s constitution; or(b)the
boundaries of the local government area; or(c)theboundariesofadivisionofthelocalgovernmentarea.Part
5Delegation of powers255Delegation of Minister’s powers(1)The Minister may delegate the
Minister’s powers under thisAct,oranotherLocalGovernmentAct,toanappropriatelyqualified
person.(2)However,theMinistermustnotdelegateapowerundersection 38AB, 121, 122 or 123.256Delegation of department’s chief
executive’s powersThedepartment’schiefexecutivemaydelegatethechiefexecutive’spowersunderthisAct,oranotherLocalGovernment Act, to an appropriately
qualified person.257Delegation of local government
powers(1)Alocalgovernmentmay,byresolution,delegateapowerunder this Act
or another Act to—(a)the mayor; or(b)the
chief executive officer; or(c)astandingcommittee,orjointstandingcommittee,ofthe
local government; orCurrent as at [Not applicable]Page
229
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 257A](d)thechairpersonofastandingcommittee,orjointstanding
committee, of the local government; or(e)anotherlocalgovernment,forthepurposesofajointgovernment
activity.(2)However, a local government must not
delegate a power thatan Act states must be exercised by
resolution.(3)Ajointstandingcommittee,ofthelocalgovernment,isacommittee consisting of councillors of
2 or more of the localgovernments.(4)Adelegationtothechiefexecutiveofficerundersubsection (1)mustbereviewedannuallybythelocalgovernment.257ADelegation of joint local government’s
powers(1)Ajointlocalgovernmentmay,byresolution,delegateitspowersaboutacomponentlocalgovernment’sareatothecomponent local
government.(2)Also, a joint local government may, by
resolution, delegate itspowers under this Act or another Act
to—(a)the chairperson of the joint local
government; or(b)a mayor of its component local
governments; or(c)the chief executive officer of the
joint local governmentor its component local governments;
or(d)a committee of members of the joint
local governmentor of councillors of its component local
governments; or(e)the chairperson of a committee
mentioned in paragraph(d).(3)Despite subsections (1) and (2), a joint
local government mustnot delegate a power that an Act
states must be exercised byresolution.Page 230Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
258]258Delegation of mayor’s powers(1)Amayormaydelegatethemayor’spowerstoanothercouncillor of
the local government.(2)However,themayormustnotdelegatethepowertogivedirectionstothechiefexecutiveofficerorseniorexecutiveemployees.259Delegation of chief executive officer
powers(1)Achiefexecutiveofficermaydelegatethechiefexecutiveofficer’spowerstoanappropriatelyqualifiedemployeeorcontractor of the local government.(2)However,thechiefexecutiveofficermustnotdelegatethefollowing powers—(a)a
power delegated by the local government, if the localgovernment has directed the chief executive
officer notto further delegate the power;(b)a power to keep a register of
interests.260Local government delegations
register(1)Thechiefexecutiveofficermustestablisharegisterofdelegationsthatcontainstheparticularsprescribedunderaregulation.(2)The
chief executive officer must record all delegations by thelocal government, mayor or the chief
executive officer in theregister of delegations.(3)The public may inspect the register of
delegations.Part 6Other
provisions261Public office of a local
government(1)A local government must keep premises
for use as a publicoffice.Current as at
[Not applicable]Page 231
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 262](2)The public office must be in, or as
near as practicable to, thelocal government
area.262Powers in support of
responsibilities(1)ThissectionappliesifalocalgovernmentisrequiredorempoweredtoperformaresponsibilityunderaLocalGovernment
Act.(2)Thelocalgovernmenthasthepowertodoanythingthatisnecessary or convenient for performing
the responsibilities.(3)Thepowersincludeallthepowersthatanindividualmayexercise, including for example—(a)power to enter into contracts;
and(b)powertoacquire,hold,dealwithanddisposeofproperty; and(c)powertochargeforaserviceorfacility,otherthanaservice or facility for which a
cost-recovery fee may befixed.263Validity of local government
proceedingsTheproceedingsofalocalgovernmentoranyofitscommittees, or the actions of a person
acting as a councillor ormember of a committee, are not invalid
merely because of—(a)vacancies in the membership of the
local government orcommittee; or(b)a
defect or irregularity in the election or appointment ofany
councillor or committee member; or(c)thedisqualificationofacouncillororcommitteememberfromactingasacouncillororcommitteemember.Page
232Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
264]264Special entertainment precincts(1)Thissectionisaboutestablishingaspecialentertainmentprecinct.(2)Aspecial
entertainment precinctis an area in which—(a)amplified music that is played at
premises in the area isregulated by a local law, and not by
theLiquor Act 1992;and(b)therequirementsaboutnoiseattenuationunderthePlanning Act apply to certain types of
development inthe area.(3)Ifalocalgovernmentwantstoestablishaspecialentertainment
precinct in its local government area, the localgovernment must—(a)amendthelocalgovernment’splanningschemetoidentify the special entertainment precinct;
and(b)make a local law to regulate noise
from amplified musicfrom premises in the special
entertainment precinct, inaccordance with a permit that is
issued for the premises.(4)However, a local
law under this section does not apply to—(a)a
major sports facility under theMajor Sports
FacilitiesAct 2001; or(b)an activity that—(i)isforamajoreventundertheMajorEventsAct2014; and(ii)is being carried
on by, or with the approval of, themajor event
organiser for the major event.265Materials in infrastructure are local
government property(1)Thematerialsinthefollowingthingsarethepropertyofalocal government—(a)a
road constructed by or for the local government;Current as at [Not applicable]Page
233
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 265A]Example of a road constructed for the local
government—aroadconstructedbyadeveloperbecauseofaconditionattached to a development approval under the
Planning Act(b)anyworksrelatingtoaroad(includinggutters,stormwaterdrains,kerbingandchannelling,forexample)thatareconstructedbyorforthelocalgovernment;(c)a
floating pontoon, jetty, or wharf that is—(i)constructed by the local government;
or(ii)under the
control of the local government.(2)Ifalocalgovernment,inexercisingapowerofthelocalgovernment,
constructs a structure or carries out any works onsomeone else’s land, the materials in the
structure or worksare the property of the local
government.(3)This section does not apply to the
materials in—(a)an open drain, other than any lining
of the drain; or(b)theoutcomeofactiontakeninaccordancewitharemedial notice under section
140.(4)For subsection (1), it is irrelevant
whether the thing mentionedin the
subsection is on, over or under land that is owned by anentity other than the local
government.265ALand registry searches free of
charge(1)This section applies to any of the
following persons—(a)a chief executive officer;(b)an employee of a local government who
is authorised bya chief executive officer;(c)a lawyer or other agent acting for a
local government;(d)anemployeeofalawyeroragentmentionedinparagraph (c) who is authorised by the
lawyer or agent.Page 234Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
266](2)The person may conduct searches of
registers or documentsabout land in the land registry in
accordance with the practiceof the registry
without payment of a fee.266Approved
formsThe department’s chief executive may approve
forms for useunder this Act.268Process for administrative action
complaints(1)Alocalgovernmentmustadoptaprocessforresolvingadministrative
action complaints.(2)Anadministrative
action complaintis a complaint that—(a)is
about an administrative action of a local government,including the following, for example—(i)adecision,orafailuretomakeadecision,including a
failure to provide a written statement ofreasons for a
decision;(ii)an act, or a
failure to do an act;(iii)the formulation
of a proposal or intention;(iv)the
making of a recommendation; and(b)is
made by an affected person.(3)Anaffectedpersonisapersonwhoisapparentlydirectlyaffected by an administrative action of a
local government.(4)Aregulationmayprovidefortheprocessforresolvingcomplaintsaboutadministrativeactionsofthelocalgovernment by affected persons.268AAdvisory pollsAlocalgovernmentmay,inthewaydecidedbythelocalgovernment,
conduct a voluntary poll of the electors in its areaor a
part of its area on any issue of concern to the area or
part.Current as at [Not applicable]Page
235
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 7 Other provisions[s 269]269Information for the Minister(1)TheMinistermay,bywrittennotice,requirealocalgovernment to
give the Minister information about—(a)the
local government area; or(b)the local
government.(2)The local government must comply with
the notice.270Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)For example, a regulation may be made
about—(a)the processes of the tribunal;
or(b)corporate entities; or(c)reviews of, or appeals against,
decisions made under thisAct; or(d)a
register of interests of the following—(i)councillors;(ii)otherpersonswhoaregivenresponsibilitiestoperform under this Act;(iii)persons who are related to a councillor or a
personmentioned in subparagraph (ii); or(e)therecordingofconflictsofinterestarisingfromtheperformance of a responsibility under this
Act; or(f)theregulationandmanagementoflocalgovernmentassets and
infrastructure; or(g)a levy on the railway between Cairns
and Kuranda; or(h)aprocessforthescrutinyofalocalgovernment’sbudget;
or(i)meetings of a local government or its
committees; orPage 236Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 7 Other provisions[s
270A](j)thefinancialplanningandaccountabilityofalocalgovernment,includingthesystemsoffinancialmanagement;
or(k)matters relating to a joint local
government (includingtransferringassetsandliabilitiesbetweenajointlocalgovernment and a component local
government).270ARegulation-making power for
implementation ofde-amalgamations(1)Ade-amalgamationofalocalgovernmentareaistheseparation of
the area into different local government areas,each to be
governed by its own local government.(2)The
Governor in Council may implement a de-amalgamationof a
local government area under a regulation.(3)The
regulation may provide for anything that is necessary orconvenienttofacilitatetheimplementationofthede-amalgamation of the local
government area.(4)For example, the regulation may
provide for—(a)holding,postponingorcancellingalocalgovernmentelection;
or(b)thetransferofassetsandliabilitiesfromalocalgovernment to
another local government; or(c)the
recovery of the costs of the de-amalgamation of thelocal government area; or(d)thetemporarycontinuationofalocallawfortheaffected part of
a local government area.(5)A local
government is not liable to pay a State tax in relationtoatransferorotherarrangementmadetoimplementade-amalgamation.(6)AState taxis a tax,
charge, fee or levy imposed under an Act.Current as at
[Not applicable]Page 237
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 271]Chapter 8Transitionals,
savings andrepeals for Act No. 17 of2009
and Act No. 23 of 2010271What this chapter
is about(1)This chapter is about the transition
from the repealed LG ActstothisAct(includingthetransitionofrights, liabilities andinterests, for
example).(2)Therepealed LG
Actsare—•theLocal Government Act 1993•theLocal Government
(Community Government Areas)Act 2004.272Local
governments, including joint local governments(1)A
local government under the repealed LG Acts continues inexistence as a local government under this
Act.(2)The following joint local governments
continue in existenceunder this Act—(a)the
Esk–Gatton–Laidley Water Board;(b)the
Nogoa River Flood Plain Board.(3)The
joint local governments have—(a)thesameresponsibilitiesthatthejointlocalgovernmentshadimmediatelybeforethecommencement of this section;
and(b)all powers of a local government under
this Act, otherthan the power to levy rates on land.(4)If the context permits—(a)a reference in an Act or document to a
local governmentincludes a reference to the joint local
governments; andPage 238Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 273](b)a reference in an Act or document to a
local governmentarea includes a reference to the joint local
governmentareas; and(c)a
reference in an Act or document to a councillor of alocal government includes a reference to a
member ofthe joint local governments.(5)A reference in an Act or document to a
joint local governmentmay, if the context permits, be taken
to be a reference to alocal government.(6)Despite subsection (2), a joint local
government mentioned inthesubsection(acontinuedentity)maydiscontinueitsexistence.(7)Anyactiontakenbyacontinuedentityinrelationtodiscontinuing its existence before the
authorisation had effectis,andistakentoalwayshavebeen,asvalidlydoneasitwouldbeiftheauthorisationhadbeeninforcewhentheaction was taken (for example, the
disposal of all assets).(8)Theauthorisationis the power a
joint local government mayexercise under subsection (6).273Community governments(1)AcommunitygovernmentundertherepealedLocalGovernment(CommunityGovernmentAreas)Act2004continues in
existence as a local government under this Act.(2)Anything done by a community government has
effect, on thecommencementofthissection,asifithadbeendonebyalocal
government.(3)AreferenceinanActordocumenttoacommunitygovernmentmay,ifthecontextpermits,betakentobeareference to a
local government.Current as at [Not applicable]Page
239
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 274]274Local service committees(1)ThelocalservicecommitteeoftheYarrabahShireCouncilcontinuesinexistenceasiftheLocalGovernment(Community
Government Areas) Act 2004was not repealed.(2)On
the commencement of this section—(a)all
other local service committees are dissolved; and(b)the members of all other local service
committees go outof office.(3)Nocompensationispayabletoamemberbecauseofsubsection (2).275Local
government owned corporation(1)The
local government owned corporation known as the WideBay
Water Corporation continues in existence as a corporateentity under this Act.(2)Subsection (1) does not stop the corporate
entity from beingwound up.276Local
laws(1)AlocallawunderarepealedLGAct,thatwasinforceimmediatelybeforethecommencementofthissection,continues in force as a local law made under
this Act.(2)Alocal lawincludes an interim local law, model local
law,and subordinate local law.(3)Subsection (4) applies if, before the
commencement, a localgovernment started, but did not
complete, the relevant processfor adopting a
model local law or making another local law.Note—Under the 1993 Act a local government
started the process for adoptinga model local
law by passing a resolution to propose to adopt the modellocal law and the local government started a
process for making a locallaw (other than a model local law) by
passing a resolution to propose tomake the local
law.Page 240Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 277](4)Thelocalgovernmentmayproceedfurtherinadoptingormaking the local law in accordance with the
relevant processas if the repealed LG Act had not been
repealed.(5)Therelevantprocessistheprocessunderthe1993Act,chapter 12, part 2, that applied to adopting
a model local lawor making another local law.(6)A local law adopted or made under
subsection (4) is taken tobe a local law validly made under this
Act.277Decisions(1)AdecisionunderarepealedLGAct,thatwasinforceimmediatelybeforethecommencementofthissection,continues in force as if the decision were
made under this Act.(2)Adecisionincludesanagreement,appointment,approval,authorisation,certificate,charge,consent,declaration,delegation,direction,dismissal,exemption,immunity,instruction,licence,memorandumofunderstanding,order,permit,plan,policy,protocol,rates,release,resolution,restriction,
settlement, suspension and warrant, for example.278Proceedings and evidence(1)If,immediatelybeforethecommencementofthissection,proceedingsforanappeal,acomplaintoranoffencecouldlegallyhavebeenstartedunderarepealedLGAct,theproceedings may be started under this
Act.(2)Proceedings for an appeal, a complaint
or an offence under arepealedLGActmaybecontinuedundertherepealedLGAct,
as if this Act had not commenced.(3)Anydocumentthatwasgivenevidentiaryeffectunderarepealed LG Act continues to have the
evidentiary effect as ifthe LG Act had not been
repealed.Current as at [Not applicable]Page
241
Local
Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 279]279Super trust deedAtrustdeedmadebytheboardofdirectorsofthesuperboard,thatwasinforceimmediatelybeforethecommencement of this section,
continues in force as a trustdeed made by the
board of directors of the super board underthis Act.Notauthorised—indicativeonly280Registers(1)AregisterunderarepealedLGActcontinuesasifitweremade
under this Act.(2)Aregisterincludes—(a)a
register of delegations; and(b)a
register relating to enterprises; and(c)a
register of interests; and(d)a register of
regulatory fees; and(e)a register of
assets and gifts.281Remuneration scheduleThe
remuneration schedule for councillors, that was in forceimmediatelybeforethecommencementofthissection,continuesinforceastheremunerationscheduleforcouncillorsunderthisActuntilthetribunalpreparesaremuneration schedule.282References to repealed LG ActA
reference in an Act or document to a repealed LG Act may,if
the context permits, be taken to be a reference to this Act.282AContinuation of implementation of
reform(1)Theformer
commissionis a Local Government Electoral andBoundaries Review Commission established
under the 1993Act, section 66.Page 242Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 283](2)Subsection (3) applies if, before the
commencement—(a)alocalgovernmentapplied,underthe1993Act,section 80, to the former commission for
determinationof a limited reviewable local government
matter; and(b)theformercommissionhadnotyetmadeadetermination about the matter.(3)The change commission must—(a)determine the application; and(b)complywithanyrequirementsrelatingtothedetermination;under the 1993
Act as if the 1993 Act had not been repealed.(4)If
the determination under subsection (3)(a) is to implementthematter,theGovernorinCouncilmustimplementthematter under this Act.(5)Subsections (6) and (7) apply if, before the
commencement,the former commission—(a)determined, under the 1993 Act, that a
reviewable localgovernmentmatterorlimitedreviewablelocalgovernment matter be implemented; and(b)had not yet complied with a
requirement, under the 1993Act, relating to
the determination.(6)The former commission must comply with
the requirement asif the 1993 Act had not been
repealed.(7)TheGovernorinCouncilmustimplementthematterunderthis
Act.(8)To remove any doubt, it is declared
that any change to a localgovernmentunderthissectionisnotalocalgovernmentchange for
chapter 2, part 3.283Continuation of instruments to
implement reform(1)The following instruments are
continued in force as if chapter3, part 1B of
the 1993 Act had not been repealed—Current as at
[Not applicable]Page 243
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 286](a)theLocalGovernmentReformImplementation(Transferring
Areas) Regulation 2007;(b)theLocalGovernmentReformImplementationRegulation
2008;(c)theLocalGovernment(WorkforceTransitionCodeofPractice) Notice 2007.(2)The instruments
expire—(a)at the end of 31 December 2011;
or(b)at an earlier time fixed under a
regulation.286Administration of sinking fund for
liquidation of currentborrowings(1)The
corporation continued in existence by the 1993 Act, underthename‘TrusteesoftheLocalGovernmentsDebtRedemption Fund’ (theTrustees) is
continued in existence.(2)TheTrusteesareresponsibleforadministeringthesinkingfundsfortheliquidationofamountsborrowedbylocalgovernments
before this section commences.(3)The1936Act,section 28(15)continuestoapplytotheTrusteeswithanynecessarychanges,andanychangesprescribed under a regulation.(4)TheTrusteesareastatutorybodyfortheStatutoryBodiesFinancial Arrangements Act.(5)Part 2B of that Act sets out the way
in which that Act affectsthe Trustees’ powers.287Local Government Association(1)On and from 1 July 2010—(a)theLocalGovernmentAssociationofQueensland(Incorporated)
(LGAQ Inc.) established
under the 1993Act stops being a public authority (however
called) forthe purposes of an Act (including theOmbudsman Act2001andPublic Records Act 2002,
for example); andPage 244Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 288](b)all rights, liabilities and interests
of LGAQ Inc., that arein existence immediately before 1 July
2010, are takento be the rights, liabilities and interests
of LGAQ Ltd.(2)TheLGAQLtd.isthecorporationprescribedunderaregulation for this section.(3)For example—(a)anagreementwiththeLGAQInc.becomesanagreement with LGAQ Ltd.; and(b)aninterestinrealorpersonalpropertyofLGAQInc.becomes an interest of LGAQ Ltd.; and(c)aproceedingthatcouldbestartedorcontinuedbyoragainst LGAQ Inc. may be started or
continued by oragainst LGAQ Ltd.; and(d)a
person who was employed by LGAQ Inc. is taken tobe
employed by LGAQ Ltd.(4)This change of
employer does not—(a)affect an employee’s employment
conditions, benefits,entitlements or remuneration;
or(b)prejudice an employee’s existing or
accruing rights to—(i)recreation, sick, long service or
other leave; or(ii)superannuation;
or(c)entitleapersontoapaymentorotherbenefitmerelybecausethepersonisnolongeremployedbyLGAQInc.; or(d)interrupt a person’s continuity of
service; or(e)constitute a retrenchment or
redundancy.(5)A reference in an Act or document to
the LGAQ Inc. may, ifthe context permits, be taken to be a
reference to LGAQ Ltd.288Continuing casual
commissioners(1)A person appointed as a review
commissioner under the 1993Act immediately
before the commencement of this section is,Current as at
[Not applicable]Page 245
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 289]onthecommencement,takentobeappointedasacasualcommissioner under section 23.(2)The person—(a)is
appointed for a term that is the remainder of the termfor
which the person was appointed under the 1993 Act;and(b)holdsofficeontheconditionsapplyingtothepersonunder the 1993 Act.289Appeals against disciplinary action(1)This section applies to a disciplinary
appeal started by a localgovernment employee under the 1993
Act, section 1158, butnot decided before the
commencement.(2)Adisciplinary
appealwas, under the 1993 Act, an appeal totheappealtribunalinrelationtodisciplinaryactiontakenagainst a local
government employee.(3)Chapter 16, part
6 of the 1993 Act continues to apply to theappeal as if the
provisions had not been repealed.290Superannuation for local government
employeestransferred to new water entities(1)This section applies if employees of a
local government are,or have been, transferred to a new
water entity under—(a)a transfer notice under theSouth East Queensland Water(Restructuring) Act 2007; or(b)a transition document under theSouth-East QueenslandWater
(Distribution and Retail Restructuring) Act 2009.Note—Someemployeestowhomthissectionapplieshave,sincetheenactmentofthissection,beentransferredtotheQueenslandBulkWater Supply Authority under a regulation
made under theSouth EastQueensland Water
(Restructuring) Act 2007, section 105. The LG superscheme continues to apply to those
employees—see section 300.Page 246Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 8 Transitionals, savings and repeals
for Act No. 17 of 2009 and Act No. 23 of 2010[s 291](2)Chapter7,part2appliestothenewwaterentityandthetransferred employees.(3)For applying chapter 7, part 2 to the
new water entity and thetransferred employees—(a)the new water entity is taken to be a
local governmententity,butonlyinrelationtoitsemploymentofthetransferred employees; and(b)atransferredemployeeistakentobeaneligiblemember; and(c)despite section 219(2), a transferred
employee continuesto be a permanent employee if the
transferred employeewasapermanentemployeeimmediatelybeforethetransfer.(4)In
this section—new water entitymeans—(a)anentity,otherthantheSEQWaterGridManager,establishedundertheSouthEastQueenslandWater(Restructuring) Act 2007, section 6(1);
or(b)adistributer-retailerundertheSouth-EastQueenslandWater
(Distribution and Retail Restructuring) Act 2009.transferredemployeemeansanemployeementionedinsubsection (1).291RepealThe following
Acts are repealed—•the Local Government Act 1993, No.
70•the Local Government (Community
Government Areas)Act 2004, No. 37.Current as at
[Not applicable]Page 247
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 9 Other transitional and validation
provisions[s 292]Chapter 9Other
transitional andvalidation provisionsPart 1Transitional provision forRevenue and Other LegislationAmendment Act 2011292References to City Super etc. in industrial
instrumentsA reference, in an industrial instrument, to
City Super or theBrisbaneCityCouncilSuperannuationPlanmay,ifthecontext permits, be taken to be a
reference to the LG superscheme.Part 2Transitional provision forSustainable Planning (HousingAffordability and InfrastructureCharges Reform) AmendmentAct
2011293Continuation of implementation of
matters under s 282A(1)Thissectioncontinuestheimplementationofthefollowinglimitedreviewablelocalgovernmentmattersimplementedunder section
282A—(a)achangetotheexternalboundariesofIpswichCityCouncil and Scenic Rim Regional Council
gazetted on11 June 2010;(b)achangetotheexternalboundariesofCookShireCouncilandWujalWujalAboriginalShireCouncilgazetted on 16
July 2010.Page 248Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 293](2)To
remove any doubt, it is declared that an action started by aformer local government is taken to have
been started by acurrent local government.(3)To remove any doubt, it is declared
that the assets and publicworksonarelevantlotbelongtothecurrentlocalgovernment.Example—Any
material associated with a road or bridge is an asset.(4)An existing planning scheme applies
after 17 September 2010untilthecurrentlocalgovernmentmakesoramendsaplanning scheme to include the relevant
lot.(5)Theexistingplanningschememustbeimplemented,administered and
enforced by the current local government tothe extent it
relates to the relevant lot as if the existing schemewere
part of a planning scheme for its local government area.(6)Areferenceinadocumentaboutarelevantlottoaformerlocalgovernmentmay,asappropriate,betakentobeareference to the
current local government.(7)In this
section—actionmeans the
performance of a function, or the exercise ofa power,
including the following—(a)an application
about land;(b)the amount of rate for land on a
relevant lot;(c)a demand for payment of an amount of
rate;(d)any requirement under an Act.current local governmentmeans the local
government for arelevant lot immediately after 17 September
2010.existingplanningschememeansaplanningschemeforarelevant lot
made by the former local government before 17September
2010.former local governmentmeans the local
government for arelevant lot immediately before 17 September
2010.Current as at [Not applicable]Page
249
Local
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 294]relevantlotmeansalot,shownonamapshowingtheboundariesofalocalgovernment
area,thatwastransferredfromtheformerlocalgovernmenttothecurrentlocalgovernment on 17 September 2010.Notauthorised—indicativeonlyPart 3Transitional
provision insertedunder the Local GovernmentElectoral Act 2011294Continuation of particular local laws of
Torres StraitIsland Regional Council(1)A
prescribed local law in force immediately before 1 January2012
continues in force until the earlier of the following—(a)thelocallaw’srepealbytheTorresStraitIslandRegional Council;(b)the
end of 30 September 2012.(2)However, that
Council may, by local law, amend a local lawcontinued under
subsection (1) while it continues under thatsubsection.(3)In
this section—prescribed local lawmeans any of the
following local laws—(a)Badu Island
Council By-Law No. 2 (Law and Order);(b)Boigu Island Council By-Law No. 2 (Law and
Order);(c)Dauan Island Council By-Laws
1995;(d)Erub Island Council By-Laws
1995;(e)HammondIslandCouncilBy-LawNo.2(LawandOrder);(f)Iama
Island Council By-Law No. 2 (Law and Order);(g)Kubin Island Council By-Law No. 2 (Law and
Order);(h)Mabuiag Island Council By-Laws
1995;Page 250Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 295](i)Mer
Island Council By-Laws 1995;(j)Poruma Island Council By-Laws 1995;(k)Saibai Island Council By-Laws
1997;(l)St Pauls Island Council By-Laws
1995;(m)Ugar Island Council By-Laws
1997;(n)Warraber Island Council By-Laws
1997;(o)Yorke Island Council By-Laws
1995.Part 4Transitional
provisions forLocal Government and OtherLegislation Amendment Act2012Division 1Transitional provisions aboutchange of legal status295Effect of change of legal status on existing
localgovernments and joint local
governments(1)Onthecommencement,alocalgovernmentinexistenceimmediately
before the commencement continues in existenceas a local
government, but as a body corporate.(2)The
change in the local government’s constitution effected bysection 11 asinforceafterthecommencementdoesnot,inany
way, affect—(a)the local government’s assets or
rights and liabilities; or(b)any matter or
thing done by or in relation to the localgovernment.(3)On
the commencement, a joint local government in existenceimmediately before the commencement
continues in existenceas a joint local government, but as a
body corporate.Current as at [Not applicable]Page
251
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 9 Other transitional and validation
provisions[s 296](4)Thechangeinthejointlocalgovernment’sconstitutioneffectedbysection 11asinforceafterthecommencementdoes not, in any
way, affect—(a)thejointlocalgovernment’sassetsorrightsandliabilities; or(b)any
matter or thing done by or in relation to the jointlocal government.296Contractual rights etc. are
unaffectedWithout limiting section 295 and to remove
any doubt, it isdeclaredthatthecontinuationofalocalgovernmentunderthat
section—(a)doesnotplacethelocalgovernmentinbreachofcontractorotherwisemakeitguiltyofacivilwrong;and(b)doesnotmakethelocalgovernmentinbreachofanyinstrument,including,forexample,aninstrumentprohibiting,restricting or
regulating theassignmentortransfer of any right or liability;
and(c)is not taken to fulfil a
condition—(i)allowingapersontoterminateaninstrumentorliabilityormodifytheoperationoreffectofaninstrument or liability; or(ii)requiring any
amount to be paid before its statedmaturity;
and(d)does not release a surety or other
obligee, in whole orpart, from an obligation; and(e)doesnotnegateanydecisionmadebythelocalgovernment.Page 252Current as at [Not applicable]
Division 2Local Government
Act 2009Chapter 9 Other transitional and validation
provisions[s 297]Other
transitional provisionsNotauthorised—indicativeonly297Continuation of particular provisions
for corporateentitiesNote—Seealsosection
302(Exemptionfromcontinuationofparticularprovisionsforcorporateentities)andsection 303(Continuationofparticular provisions of other Acts for
corporate entities).(1)Acorporate entityis an entity
that was corporatised under thisAct before the
commencement and to which the CorporationsAct does not
apply.(2)A provisionofthisAct,asinforceimmediatelybeforethecommencement, that applied in relation
to a corporate entity,continues to apply in relation to the
corporate entity—(a)as if the provision were not amended
or repealed undertheLocalGovernmentandOtherLegislationAmendment Act
2012; and(b)despite any amendment or repeal of the
provision undertheLocalGovernmentandOtherLegislationAmendment Act
2012.Examples—•chapter 3, part 2, divisions 3 and 4•sections 199, 200 and 257(3)Aprovisionoftherelevantregulations,asinforceimmediatelybeforethecommencement,thatappliedinrelation to a corporate entity, continues to
apply in relation tothe corporate entity—(a)asitwasinforceimmediatelybeforethecommencement; and(b)despite any amendment or repeal of the
provision afterthe commencement.(4)Therelevant regulationsare—(a)theLocalGovernment(BeneficialEnterprisesandBusiness Activities) Regulation 2010;
andCurrent as at [Not applicable]Page
253
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 9 Other transitional and validation
provisions[s 298](b)theLocal Government (Finance, Plans and
Reporting)Regulation 2010; and(c)theLocal Government
(Operations) Regulation 2010.(5)A provision continued under subsection
(2) or (3) continues inrelationtoacorporateentityuntilthecorporateentityiswound up or otherwise ceases to be
corporatised under thisAct.298Change in dealing with complaints(1)This section applies if—(a)a local government, or the
department’s chief executive,makesorreceivesacomplaintabouttheconductorperformance of a councillor before the
commencement;and(b)anentityhadstarteddealingwith,buthadnotfinallydealtwith,thecomplaintunderchapter6,part2,division 6.(2)Theformerprocesscontinuestoapplyinrelationtothecomplaint despite any amendment of
this Act under theLocalGovernment and
Other Legislation Amendment Act 2012.(3)Theformer
processis chapter 6, part 2, division 6 as in
forceimmediately before the commencement.(4)To remove any doubt, it is declared
that—(a)an entity dealing with the complaint
must deal with thecomplaint under the former process;
and(b)anydisciplinaryactiontakenagainstacouncillorbecauseofthecomplaintislimitedtotheactionthatmay
be taken under the former process.299Change in process for making local
laws(1)This section applies if a local
government has begun, but notcompleted,itsprocessformakingalocallawbeforethecommencement.Page 254Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 300](2)The
local government may continue the process for makingthelocallawdespiteanyamendmentofthisActundertheLocalGovernmentandOtherLegislationAmendmentAct2012.(3)Chapter3,part1,asinforceimmediatelybeforethecommencement,continuestoapplyforthepurposeofsubsection (2).Part 5Transitional provision for SouthEast
Queensland Water(Restructuring) and OtherLegislation Amendment Act2012300Superannuation
for particular LinkWater employeestransferred to
Queensland Bulk Water Supply Authority(1)ThissectionappliesifemployeesofLinkWaterwhoaremembersoftheLGsuperschemeare,orhavebeen,transferred to the Queensland Bulk Water
Supply Authority(theAuthority)
under a regulation made under theSouth
EastQueensland Water (Restructuring) Act
2007, section 105.(2)Chapter 7, part 2 applies to the Authority
and the transferredemployees.(3)Forapplyingchapter7,part2totheAuthorityandthetransferred
employees—(a)the Authority is taken to be—(i)a local government entity in relation
to transferredemployees other than former BCC employees;
or(ii)theBrisbaneCityCouncilinrelationtoformerBCC employees;
and(b)atransferredemployeeistakentobeaneligiblemember; andCurrent as at
[Not applicable]Page 255
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 9 Other transitional and validation
provisions[s 301](c)if a
transferred employee was, immediately before thetransfermentionedinsubsection (1),apermanentemployee—thetransferredemployeeistakentocontinue to be a permanent employee.(4)In this section—formerBCCemployeemeansatransferredemployeewhowas transferred to LinkWater from the
Brisbane City CouncilunderatransfernoticeundertheSouthEastQueenslandWater
(Restructuring) Act 2007, repealed section 67.LinkWatermeanstheQueenslandBulkWaterTransportAuthority established under theSouth East Queensland Water(Restructuring) Act 2007, section
6.permanent employeemeans—(a)a permanent employee under section
219; or(b)aBCCpermanentemployeeundertheLocalGovernment
(Operations) Regulation 2010, schedule
7.QueenslandBulkWaterSupplyAuthoritymeanstheQueensland Bulk Water Supply Authority
established undertheSouthEastQueenslandWater(Restructuring)Act2007,section 6.transferredemployeemeansanemployeementionedinsubsection (1).Part 6Transitional provision forQueensland IndependentRemuneration
Tribunal Act2013301Amendment of
regulation does not affect powers ofGovernor in
CouncilThe amendment of theLocal Government
Regulation 2012bytheQueensland
Independent Remuneration Tribunal Act 2013Page 256Current as at [Not applicable]
Local
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 302]doesnotaffectthepoweroftheGovernorinCounciltofurther amend the regulation or to repeal
it.Notauthorised—indicativeonlyPart
7Transitional provisions forLocal Government and OtherLegislation Amendment Act2013Division 1Former corporate entities302Exemption from continuation of
particular provisions forcorporate entities(1)Thissectionappliestoacorporateentitymentionedinsection 297(1).(2)Despitesection
297(3),section 72(1)oftherepealedregulationdoesnotpreventapersonbeingbothofthefollowing at the same time—(a)a director of the corporate
entity;(b)a councillor of a local
government.(3)However—(a)no
more than 1 director of the corporate entity can be acouncillor of a local government; and(b)a person who is both a director of the
corporate entityand a councillor of a local government can
not be thechairpersonordeputychairpersonoftheboardofthecorporate entity.(4)In
this section—repealedregulationmeanstherepealedLocalGovernment(BeneficialEnterprisesandBusinessActivities)Regulation2010asinforceimmediatelybeforethecommencementofsection 297.Current as at
[Not applicable]Page 257
Notauthorised—indicativeonlyLocal Government Act 2009Chapter 9 Other transitional and validation
provisions[s 303]303Continuation of particular provisions of
other Acts forcorporate entities(1)Thissectionappliestoacorporateentitymentionedinsection 297(1).(2)Each
of the relevant Acts, as in force immediately before thecommencementoftheLocalGovernmentandOtherLegislationAmendmentAct2012(theamendingAct),continues to apply in relation to the
corporate entity—(a)as if the Act were not amended under
the amending Act;and(b)despite any
amendment of the Act under the amendingAct.(3)In this section—relevant
Actmeans either of the following—(a)theJudicial Review
Act 1991;(b)thePublic Interest Disclosure Act 2010.Division 2New local
governmentsNote—See also
theSustainable Planning Act 2009,
chapter 10, part 8, division2forothertransitionalprovisionsforcontinuingandnewlocalgovernments.304Definition for div 2In this
division—newlocalgovernmentmeanseachofthefollowinglocalgovernments that comes into existence on 1
January 2014—(a)Douglas Shire Council;(b)Livingstone Shire Council;(c)Mareeba Shire Council;Page
258Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 305](d)Noosa Shire Council.305Meeting to approve budget and levy rates and
charges forperiod ending 30 June 2014(1)Anewlocalgovernmentmust,atameetingofthelocalgovernment—(a)adopt, by resolution, a budget presented by
the mayor,with or without amendment, for the
period—(i)starting on 1 January 2014; and(ii)ending on 30
June 2014; and(b)decide, by resolution, what rates and
charges are to belevied for the period—(i)starting on 1 January 2014; and(ii)ending on 30
June 2014.(2)The meeting must be held—(a)before 1 February 2014; or(b)on a later day allowed by the
Minister.(3)Sections94(2)and107Adonotapplytoanewlocalgovernment for the 2013-14 financial
year.306Post-election meeting not
required(1)Section 175 does not apply, and is
taken to have never applied,to a new local
government.(2)However,anewlocalgovernmentmust,byresolution,appoint a deputy
mayor from its councillors (other than themayor) at its
first meeting after it comes into existence on 1January 2014.Current as at
[Not applicable]Page 259
Local
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 307]Part 8Validation provision forSustainable
Planning(Infrastructure Charges) andOther Legislation AmendmentAct
2014Notauthorised—indicativeonly307Validation of
rates chargedIt is declared that a local government
always has had, whetherunderthisActorarepealedAct,thepowertocategoriserateableland,anddecidedifferentialratesfortherateableland, in the way stated in section
94(1A).Part 9Transitional
provisions forPlanning (Consequential) andOther Legislation AmendmentAct
2016308Definitions for partIn
this part—amending Actmeans thePlanning (Consequential) and OtherLegislation Amendment Act 2016.former, in relation to
a provision, means the provision as inforceimmediatelybeforetheprovisionwasamendedorrepealed under the amending Act.repealedPlanningActmeanstherepealedSustainablePlanning Act
2009.309Entry under
existing application, permit or notice(1)This
section applies to an application, permit or notice—(a)mentioned in former section 132;
andPage 260Current as at
[Not applicable]
Local
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 310](b)made
or given under the repealed Planning Act.(2)Formersection132continuestoapplyinrelationtotheapplication, permit or notice as if
the amending Act had notbeenenactedandtherepealedPlanningActhadnotbeenrepealed.Notauthorised—indicativeonly310Existing remedial notice(1)This section applies to a remedial
notice—(a)given under former section 138AA;
and(b)requiringanowneroroccupierofapropertytotakeaction under the
repealed Planning Act.(2)Theremedialnoticecontinuestohaveeffectasiftheamending Act had not been enacted and the
repealed PlanningAct had not been repealed.311Existing inside information(1)This section applies to information
about any of the following(existinginsideinformation)that,immediatelybeforethecommencement, was inside information,
in relation to a localgovernment, for former section
171A—(a)the exercise of a power under the
repealed Planning Actbythelocalgovernment,acouncillororalocalgovernment
employee;(b)adecision,orproposeddecision,undertherepealedPlanningActofthelocalgovernmentoranyofitscommittees;(c)the
exercise of a power under the repealed Planning Actby
the State, a Minister, a statutory body or an employeeoftheStateorstatutorybody,thataffectsthelocalgovernment,anyofitscorporateentitiesorlandorinfrastructure within the local government’s
area;(d)any legal or financial advice about
the repealed PlanningActcreatedforthelocalgovernment,anyofitscommittees or
any of its corporate entities.Current as at
[Not applicable]Page 261
Local
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 312](2)Formersection171AcontinuestoapplyinrelationtotheexistinginsideinformationasiftheamendingActhadnotbeenenactedandtherepealedPlanningActhadnotbeenrepealed.Notauthorised—indicativeonly312Existing unpaid
fine—where fine to be paid to(1)This
section applies to a fine mentioned in former section 246that—(a)is
unpaid; and(b)wasimposedinproceedingsbroughtbyalocalgovernment for an offence against the
repealed PlanningAct.(2)Formersection246(2)continuestoapplyinrelationtothefineasiftheamendingActhadnotbeenenactedandtherepealed
Planning Act had not been repealed.Part 10Transitional provisions forRevenue and Other LegislationAmendment Act 2016313Change in name of board and scheme(1)To remove any doubt, it is declared
that—(a)the amendment of section 208 by
theRevenue and OtherLegislationAmendmentAct2016haseffectonlytochange the name of the board mentioned
in the sectionand does not establish a new board;
and(b)the amendment of section 217 by
theRevenue and OtherLegislationAmendmentAct2016haseffectonlytochangethenameofthesuperannuationschemementioned in the section and does not
establish a newsuperannuation scheme.(2)From
the commencement, if the context permits—Page 262Current as at [Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Chapter 9 Other transitional and validation
provisions[s 314](a)areferenceinadocumenttotheQueenslandLocalGovernment Superannuation Board under the
1993 ActorthisActistakentobeareferencetoLGIAsuperTrustee;
and(b)areferenceinadocumenttotheLocalGovernmentSuperannuation
Scheme under the 1993 Act or this Act,or to the LG
super scheme, is taken to be a reference toLGIAsuper;
and(c)a reference in an industrial
instrument to City Super orthe Brisbane
City Council Superannuation Plan is takento be a
reference to LGIAsuper.314Existing
membership and entitlements(1)TheamendmentofthisActbytheRevenueandOtherLegislation
Amendment Act 2016does not affect—(a)the
membership of a current member; or(b)anyentitlementthememberaccruedunderthisActbefore the commencement.(2)In this section—current
membermeans a person who, immediately before
thecommencement, was a member of
LGIAsuper.Current as at [Not applicable]Page
263
Local
Government Act 2009Schedule 4Schedule 4DictionaryNotauthorised—indicativeonlysection 61936 Actmeans the repealedLocal Government
Act 1936.1993 Actmeans the
repealedLocal Government Act 1993.adopt, by a local
government, means adopt by resolution ofthe local
government.advisorsee section
117.ancillary works and encroachmentsmeans—(a)cellars; or(b)gates; or(c)temporary rock anchors for building support;
or(d)ancillary works and encroachments
under the TransportInfrastructure Act.anti-competitive
provisionmeans a provision that a regulationidentifies as creating barriers to—(a)entry to a market; or(b)competition within a market.appropriatelyqualified,inrelationtoadelegatedpower,includes having
the qualifications, experience or standing toexercise the
power.Example of standing—a person’s
classification level in the public serviceapproved
formsee section 266.approved
inspection programsee section 133(2).auditor-generalmeanstheQueenslandAuditor-Generalunder theAuditor-General Act 2009.authorisedofficermeansapersonwhoholdsofficeundersection
204D.Page 264Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Schedule 4authorisedpersonmeansapersonwhoholdsofficeundersection
202.beginningof the local
government’s term see section 161(3).beneficial
enterprisesee section 39.Building
Actmeans theBuilding Act
1975.building certifying activitysee
section 47(4).building unitmeans a lot
under—(a)theBodyCorporateandCommunityManagementAct1997; or(b)theBuilding Units
and Group Titles Act 1980; or(c)theIntegrated Resort Development Act
1987; or(d)theMixed Use Development Act 1993;
or(e)another Act prescribed under a
regulation.businessactivity,ofalocalgovernment,meanstradingingoods and services by the local
government.businessunit,ofalocalgovernment,isapartofthelocalgovernmentthatconductsabusinessactivityofthelocalgovernment.caretaker
period, for a local government, see section
90A(1).cause detriment to a local government—1Tocause detriment to a local governmentincludes—(a)tosabotagealawfulprocessofthecouncil(includingadoptingabudgetorconductingatender process, for example); or(b)to cause the council to suffer a loss
in its lawfulperformance of a function or commercial
activity(includingthelossofafuturecontractualarrangement, for
example).2Tocausedetrimenttoalocalgovernmentdoesnotinclude—(a)merely embarrassing the council; orCurrent as at [Not applicable]Page
265
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyPage 266(b)merely causing disagreement between
councillors.CCCmeans the Crime and Corruption
Commission.change commissionsee section
22.chargesincludes any
interest accrued, or premium owing, onthe
charges.chiefexecutiveofficermeansapersonwhoholdsanappointment under section 194.chosen fund, for chapter 7,
part 2, see section 216A.code of competitive conductsee
section 47.commercialisation,ofasignificantbusinessactivity,seesection 44(2).CommonwealthSuperActmeanstheSuperannuationIndustry
(Supervision) Act 1993(Cwlth).community
forumsee section 87(2).component local
governmentsee section 25A(4).conclusion,oftheelectionofacouncillor,seetheLocalGovernment
Electoral Act, section 7.conflict of interestsee
section 175D.consolidated version, of a local
law, see section 32.contractor, of a local
government, means—(a)a person who provides services under a
contract with thelocal government; or(b)a
person prescribed under a regulation.convictionincludes a
finding of guilt, and the acceptance of apleaofguilty,byacourt,whetherornotaconvictionisrecorded.cost-recovery
feesee section 97(2).councillor, of a local
government, includes the mayor.courtmeans a court of competent
jurisdiction.Crime and Corruption Actmeans theCrime and CorruptionAct 2001.Current as at [Not
applicable]
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlycriminalhistory,ofaperson,meansallconvictions,otherthanspentconvictions,recordedagainstthepersonforoffences, in Queensland or elsewhere,
whether before or afterthe commencement of this Act.definedbenefitcategory,forchapter7,part2,seesection216A.definedbenefitmember,forchapter7,part2,seesection 216A.department’s
chief executivemeans the chief executive of thedepartment.deputyelectoralcommissionermeansthedeputyelectoralcommissioner under the Electoral Act.distributea how-to-vote
card—(a)includes make the card available to
other persons; but(b)does not include merely display the
card.Examples—1A
persondistributes how-to-vote cards if the
personhandsthecards to other persons or leaves them at a
place for other persons totake away.2Apersondoesnotdistributehow-to-votecardsifthepersonattaches the cards to walls and other
structures, merely for display.division, of
a local government area, see section 8(3).electincludes re-elect.electormeansapersonentitledtovoteinanelectionofcouncillors.Electoral
Actmeans theElectoral Act
1992.electoralcommissionmeanstheElectoralCommissionofQueensland under the Electoral Act.electoralcommissionermeanstheelectoralcommissionerunder the
Electoral Act.encumbranceincludesanyofthefollowingthataffectsland—(a)a mortgage, lien or charge;Current as at [Not applicable]Page
267
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyPage 268(b)a
caveat;(c)an agreement;(d)a
judgment, writ or process;(e)an interest
adverse to the interest of the land’s owner;but does not
include an easement.establish,asuperannuationscheme,includesjoininestablishing a superannuation
scheme.expired convictionmeans a
conviction—(a)for which the rehabilitation period
under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expired;and(b)thatisnotrevivedasprescribedbysection 11ofthatAct.final partof the local
government’s term see section 161(5).financial
controllersee section 118.Forestry
Actmeans theForestry Act
1959.freshelectionmeansanelectionofallthecouncillorsofalocal government that is not a
quadrennial election.fullcostpricing,ofasignificantbusinessactivity,seesection 44(3).full-time
government jobsee section 168(3).fund,
for chapter 7, part 2, see section 216A.governmententityhasthesamemeaningasintheGovernment Owned
Corporations Act 1993.grants
commissionsee section 228(1).homeincludes—(a)a
room in a boarding house; and(b)a
caravan; and(c)amanufacturedhomewithinthemeaningoftheManufacturedHomes(ResidentialParks)Act2003,section 10.Current as at
[Not applicable]
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyHousing Act contractmeans a contract
of sale—(a)that was entered into under—(i)theState Housing
Act 1945, section 24, before therepeal of that
Act; or(ii)theHousing Act 2003, section 113;
or(b)under which—(i)thepurchaseprice,otherthanthedeposit,ispayable in 2 or more instalments; or(ii)the sale is of a
share in a house and land.how-to-votecardseetheLocalGovernmentElectoralAct,schedule.identity cardof a person
means a card that—(a)identifiesthepersonasanauthorisedperson,localgovernment
worker or authorised officer; and(b)contains a recent photo of the person;
and(c)contains a copy of the person’s
signature; and(d)states the expiry date for the
identity card.inappropriate conductsee section
176(4).indigenous local governmentmeans—(a)the
local government for the following local governmentareas—•Cherbourg•Doomadgee•Hope
Vale•Kowanyama•Lockhart River•Mapoon•Napranum•Palm
Island•PormpuraawCurrent as at
[Not applicable]Page 269
Notauthorised—indicativeonlyLocal Government Act 2009Schedule 4•Woorabinda•Wujal Wujal•Yarrabah; or(b)an
indigenous regional council.indigenous
regional councilmeans—(a)the
Northern Peninsula Area Regional Council; or(b)the
Torres Strait Island Regional Council; or(c)anindigenousregionalcouncilprescribedunderaregulation.industrialinstrumentmeansanindustrialinstrumentunderthe
Industrial Relations Act.Industrial Relations Actmeans theIndustrialRelationsAct2016.interimadministratormeansapersonappointedbytheGovernor in
Council under section 123 to act in place of thecouncillors of a local government.interim local lawsee section
26(4).investigatorsee section
212(2).joint government activitysee
section 10(2).joint local governmentsee section
25A(2).joint local government areasee
section 25A(3).judicial reviewis a review
under the Judicial Review Act.Judicial Review
Actis theJudicial Review
Act 1991.landincludes—(a)freehold land; and(b)land
held from the State for a leasehold interest; and(c)a mining claim.Land Actmeans theLand Act
1994.Land Title Actmeans theLand
Title Act 1994.Page 270Current as at
[Not applicable]
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyLGIAsupermeansthesuperannuationschemecontinuedinexistence under section 217.LGIAsuper Trusteemeans the board
continued in existenceunder section 208.local
government—(a)for chapter 7,
part 2—see section 216A; or(b)generally—see section 8(1).LocalGovernmentActmeansalawunderwhichalocalgovernment
performs the local government’s responsibilities,including for example—(a)this
Act; and(b)a local law; and(c)the
Building Act; and(d)the Planning Act; and(e)a planning scheme; and(f)the Plumbing and Drainage Act;
and(g)theWater Act
2000; and(h)theWater Supply (Safety and Reliability)
Act 2008.local government areasee
section 8(2).local government changesee section
17(2).LocalGovernmentElectoralActmeanstheLocalGovernment
Electoral Act 2011.local government employeemeans—(a)the
chief executive officer; or(b)a
person holding an appointment under section 196.localgovernmententity,forchapter7,part2,seesection 216A.LocalGovernment(FinancialAssistance)ActmeanstheLocal Government (Financial Assistance) Act
1995(Cwlth).local government
principlesmeans the principles expressedin
the form of outcomes set out in section 4(2).Current as at
[Not applicable]Page 271
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyPage 272local government
workersee section 138(4).local lawsee
section 26(2).majorpolicydecision,foralocalgovernment,meansadecision—(a)about the appointment of a chief executive
officer of thelocal government; or(b)about the remuneration of the chief
executive officer ofthe local government; or(c)toterminatetheemploymentofthechiefexecutiveofficer of the local government; or(d)to enter into a contract the total
value of which is morethan the greater of the
following—(i)$200,000;(ii)1%
of the local government’s net rate and utilitycharges as
stated in the local government’s auditedfinancialstatementsincludedinthelocalgovernment’s most recently adopted annual
report.material personal interestsee
section 175B.middleof the local
government’s term see section 161(4).miningclaimmeansaminingclaimtowhichtheMineralResources Act
1989applies.misconductsee section
176(3).model local lawsee section
26(8).NationalCompetitionPolicyAgreementsmeansthefollowing agreements (made between the
Commonwealth andthe States on 11 April 1995), as in force
for the time being—(a)the Conduct Code Agreement;(b)the Competition Principles
Agreement;(c)theAgreementtoImplementNationalCompetitionPolicy and
Related Reforms.notice of intention to acquire landsee
section 61(2).occupier, of property,
see section 125(6).Current as at [Not applicable]
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyordinary business mattermeans—(a)the remuneration of councillors or
members of a localgovernment committee; or(b)the
provision of superannuation entitlements or accidentinsuranceforcouncillorsorlocalgovernmentemployees;
or(c)the terms on which goods, services or
facilities are to beoffered by the local government for
use or enjoyment ofthe public in the local government area;
or(d)the making or levying of rates and
charges, or the fixingof a cost-recovery fee, by the local
government; or(e)aplanningscheme,oramendmentofaplanningscheme, for the
local government area; or(f)a resolution
required for the adoption of a budget for thelocal
government; or(g)a matter that is of interest to a
person merely as—(i)an employee of the State or a
government entity; or(ii)anelector,ratepayerorresidentofthelocalgovernment area;
or(iii)a beneficiary
under a policy of accident insurance,public liability
or professional indemnity insuranceheld, or to be
held, by the local government; or(iv)a
user of goods, services or facilities supplied, or tobesupplied,bythelocalgovernment(whetherunder a contract or otherwise) as a member
of thepublicincommonwithothermembersofthepublic;
or(v)a candidate for election or
appointment as a mayor,deputymayorormemberofacommitteeofthelocal government; or(vi)amemberofanon-profit,charitableorreligiousorganisationinvolvingnopersonalfinancialgainor loss to the
person.overall State interestis—Current as at [Not applicable]Page
273
Notauthorised—indicativeonlyLocal Government Act 2009Schedule 4(a)aninterestthattheMinisterconsidersaffectstheeconomic, environmental or social interest
of all or partof the State; or(b)an
interest that the Minister considers affects the interestofensuringthereisanaccountable,effective,andefficient system of local government;
or(c)an interest prescribed under a
regulation.ownerof land—(a)means—(i)a
registered proprietor of freehold land; or(ii)a
purchaser of freehold land from the State underan Act;
or(iii)a purchaser of
land under a Housing Act contract;or(iv)a person who has
a share in land that the personbought under a
Housing Act contract; or(v)a lessee of land
held from the State, and a manager,overseer or
superintendent of the lessee who liveson the land;
or(vi)the holder of a
mining claim or lease; or(vii) theholderoflandmentionedintheMineralResources Act 1989, schedule 2,
definitionowner;or(viii) a lessee of land under any of
the following Acts—•theGeothermal
Energy Act 2010•theGreenhouse Gas
Storage Act 2009•thePetroleum Act
1923•thePetroleumandGas(ProductionandSafety) Act 2004; or(ix)a lessee of land
held from a government entity orlocal
government; orPage 274Current as at
[Not applicable]
Local
Government Act 2009Schedule 4Notauthorised—indicativeonly(x)the holder of an occupation permit or
stock grazingpermitundertheForestryActorofapermitprescribed under
a regulation; or(xi)the holder of a
permission to occupy from the chiefexecutiveofthedepartmentresponsiblefortheadministration of the Forestry Act;
or(xii) theholderofapermittooccupyundertheLandAct; or(xiii) a licensee under the Land Act;
or(xiv) for land on which there is a structure
subject to atime share scheme—the person notified to the
localgovernmentconcernedasthepersonresponsiblefor the
administration of the scheme as between theparticipants in
the scheme; or(xv)another person
who is entitled to receive rent forthe land;
or(xvi) anotherpersonwhowouldbeentitledtoreceiverentforthelandifitwereleasedatafullcommercial rent;
but(b)doesnotincludetheState,oragovernmententity,except as far as the State or government
entity is liableunder an Act to pay rates.perceived conflict of interestsee
section 175E(1)(c)(ii).permanent employee, for chapter 7,
part 2, see—(a)foralocalgovernment(otherthantheBrisbaneCityCouncil) or a local government
entity—section 216B; or(b)for the Brisbane
City Council—section 216C.Planning Actmeans thePlanning Act 2016.planningschememeansaplanningschemeunderthePlanning Act.PlumbingandDrainageActmeansthePlumbingandDrainage Act 2002.policecommissionermeansthecommissionerofthepoliceservice under
thePolice Service Administration Act
1990.Current as at [Not applicable]Page
275
Notauthorised—indicativeonlyLocal Government Act 2009Schedule 4political
partymeans an organisation registered as a
politicalparty under the Electoral Act.preliminary assessmentsee section
176B(4).private propertysee section
125(4).private sectormeans an entity
that is not—(a)the Commonwealth or a State; or(b)a State authority; or(c)a local government.propertymeans land, any
structure on the land, and a vehicle.public
office, of a local government, see section
261.publicplace,forchapter5,part2,division1,seesection 125(5).publicthoroughfareeasementisaneasementcreatedunder—(a)the Land Act, chapter 6, part 4,
division 8; or(b)the Land Title Act, part 6, division
4.public utilitiesmeans—(a)worksforthesupplyofdrainage,electricity,gas,sewerage, telecommunications or water;
or(b)worksforaninfrastructurecorridorundertheStateDevelopment and
Public Works Organisation Act 1971,section 82; or(c)works for a purpose mentioned in theState Developmentand Public Works
Organisation Act 1971, section 125;or(d)other works that is declared under a
regulation to be apublic utility.quadrennialelectionmeanstheelectionforlocalgovernments that
is held in 2012, and every fourth year after2012.rateable landsee section
93(2).Page 276Current as at
[Not applicable]
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyratesincludes any
interest accrued, or premium owing, on therates.real
conflict of interestsee section 175E(1)(c)(i).reasonable entry noticesee section
138AA(3).reasonable proportion of electorssee
section 15(2).regional conduct review panelsee
section 176(6).registeredofficer,ofapoliticalparty,meanstheregisteredofficer of the
political party under the Electoral Act.registrar of
titlesmeans the public authority responsible
forregistering title to land and dealings
affecting land.regulated poolsee the Building
Act, section 231B.relevant fund, for chapter 7,
part 2, see section 216A.relevant trustee, for chapter 7,
part 2, see section 216A.remedial actionsee section
113(2).remedial noticesee section
138AA(1).remunerationcategorymeansaremunerationcategoryprescribed under a regulation.resolution, of a local
government, means the formal decisionof the local
government at a local government meeting.responsibilityincludes a
function.rewarddoes not
include—(a)a councillor’s remuneration as a
councillor; or(b)anamountdecidedunderthedeedundertheSuperannuation(StatePublicSector)Act1990inrelation to a transferring member within the
meaning ofsection 32A of that Act; or(c)reasonable expenses actually incurred
for any 1 or moreof the following—(i)accommodation;(ii)meals;(iii)domestic air travel;Current as at
[Not applicable]Page 277
Local
Government Act 2009Schedule 4Notauthorised—indicativeonlyPage 278(iv)taxi
fares or public transport charges;(v)motor vehicle hire; or(d)anamountpaidasapensionorotherwiseforpastservice in a
full-time government job.roadsee section
59(2).roads activitysee section
47(5).sanitary drain—(a)meansadrainthatisimmediatelyconnectedto,andused to carry
discharges from, a soil or waste pipe; but(b)doesnotincludeapipethatisapartofadrainforcarrying off effluent from a property
after treatment inan on-site sewerage facility.seniorexecutiveemployee,ofalocalgovernment,seesection 196(6).sewerage
treatment systemmeans the infrastructure used toreceive,transportandtreatsewageoreffluent(includingsewers,accesschambers,machinery,outfalls,pumps,structures and
vents, for example).sign, a thing,
includes the making of a mark on the thing infront of someone
else who signs the thing as witness.significant
business activitysee section 43(4).spent
convictionmeans a conviction—(a)for
which the rehabilitation period under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expired;and(b)thatisnotrevivedasprescribedbysection 11ofthatAct.standingcommittee,ofalocalgovernment,meansacommitteeofitscouncillorsthatmeetstodiscussthetopicdecidedbythelocalgovernmentwhenestablishingthecommittee.State-controlled
roadhas the meaning given in the
TransportInfrastructure Act.Current as at
[Not applicable]
Notauthorised—indicativeonlyLocal
Government Act 2009Schedule 4Stateoffice,ofthedepartment,meanstheofficeofthedepartment at the address prescribed
under a regulation.StatutoryBodiesFinancialArrangementsActmeanstheStatutory Bodies Financial Arrangements Act
1982.stormwater drainsee section
76(2).stormwater installationsee section
76(3).structuremeans anything
that is built or constructed, whetheror not it is
attached to land.superannuationcontributions,forchapter7,part2,seesection 216A.subordinate
local lawsee section 26(5).sustainable
developmentis development that is designed tomeet
present needs while also taking into account future costs(includingcoststotheenvironmentandthedepletionofnatural resources, for example).time
share scheme, for a structure, means a scheme that is
tooperate for at least 3 years during which
time the participantsin the scheme are, or may become,
entitled to use, occupy orpossess the structure, or part of the
structure, for 2 or moreperiods.TransportInfrastructureActmeanstheTransportInfrastructure
Act 1994.tribunalsee section
183.trust deedmeans a trust
deed made by LGIAsuper Trustee.trustee
councilsee section 82(2).trust
landsee section 82(3).Current as at
[Not applicable]Page 279