{"id":"qld:act-2009-017","name":"Local Government Act 2009","slug":"local-government-act-2009","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"17 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30053,"registerId":"qld-act-2009-017-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Local governments and their constitution, responsibilities and powers","content":"# Local governments and their constitution, responsibilities and powers","sortOrder":0},{"sectionNumber":"sec.7","sectionType":"section","heading":"What this part is about","content":"### sec.7 What this part is about\n\nThis part explains—\nwhat a local government is; and\nwhat a local government area is; and\nthe responsibilities and powers of a local government, its councillors and its employees.\ns 7 amd 2012 No. 33 s 75\n- (a) what a local government is; and\n- (b) what a local government area is; and\n- (c) the responsibilities and powers of a local government, its councillors and its employees.","sortOrder":1},{"sectionNumber":"sec.8","sectionType":"section","heading":"Local government’s responsibility for local government areas","content":"### sec.8 Local government’s responsibility for local government areas\n\nA local government is an elected body that is responsible for the good rule and local government of a part of Queensland.\nThis is provided for in the Constitution of Queensland 2001 , section 71 (Requirements for a local government).\nA part of Queensland that is governed by a local government is called a local government area .\nThe Brisbane City Council is the local government for the City of Brisbane. For the local government area of the Brisbane City Council, see the City of Brisbane Act 2010 , section 7 .\nA local government area may be divided into areas called divisions .\nA regulation may—\ndescribe the boundaries of a local government area; or\ndescribe the boundaries of any divisions; or\nfix the number of councillors for a local government and any divisions of the local government area; or\nname a local government area; or\nclassify a local government area as a city, town, shire or region.\ns 8 amd 2012 No. 3 s 24\n(sec.8-ssec.1) A local government is an elected body that is responsible for the good rule and local government of a part of Queensland. This is provided for in the Constitution of Queensland 2001 , section 71 (Requirements for a local government).\n(sec.8-ssec.2) A part of Queensland that is governed by a local government is called a local government area . The Brisbane City Council is the local government for the City of Brisbane. For the local government area of the Brisbane City Council, see the City of Brisbane Act 2010 , section 7 .\n(sec.8-ssec.3) A local government area may be divided into areas called divisions .\n(sec.8-ssec.4) A regulation may— describe the boundaries of a local government area; or describe the boundaries of any divisions; or fix the number of councillors for a local government and any divisions of the local government area; or name a local government area; or classify a local government area as a city, town, shire or region.\n- (a) describe the boundaries of a local government area; or\n- (b) describe the boundaries of any divisions; or\n- (c) fix the number of councillors for a local government and any divisions of the local government area; or\n- (d) name a local government area; or\n- (e) classify a local government area as a city, town, shire or region.","sortOrder":2},{"sectionNumber":"sec.9","sectionType":"section","heading":"Powers of local governments generally","content":"### sec.9 Powers of local governments generally\n\nA local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area.\nAlso, see section 262 (Powers in support of responsibilities) for more information about powers.\nHowever, a local government can only do something that the State can validly do.\nWhen exercising a power, a local government may take account of Aboriginal tradition and Island custom.\nA local government may exercise its powers—\ninside the local government area; or\noutside the local government area (including outside Queensland)—\nwith the written approval of the Minister; or\nas provided in section 10 (5) .\nWhen a local government is exercising a power in a place that is outside its local government area, the local government has the same jurisdiction in the place as if the place were inside its local government area.\nSubsections (7) and (8) apply if a local government is a component local government for a joint local government.\nDespite subsection (1) , a local government may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.\nHowever, the local government may exercise the power as a delegate of the joint local government.\ns 9 amd 2012 No. 33 s 76\n(sec.9-ssec.1) A local government has the power to do anything that is necessary or convenient for the good rule and local government of its local government area. Also, see section 262 (Powers in support of responsibilities) for more information about powers.\n(sec.9-ssec.2) However, a local government can only do something that the State can validly do.\n(sec.9-ssec.3) When exercising a power, a local government may take account of Aboriginal tradition and Island custom.\n(sec.9-ssec.4) A local government may exercise its powers— inside the local government area; or outside the local government area (including outside Queensland)— with the written approval of the Minister; or as provided in section 10 (5) .\n(sec.9-ssec.5) When a local government is exercising a power in a place that is outside its local government area, the local government has the same jurisdiction in the place as if the place were inside its local government area.\n(sec.9-ssec.6) Subsections (7) and (8) apply if a local government is a component local government for a joint local government.\n(sec.9-ssec.7) Despite subsection (1) , a local government may not, within the joint local government’s area, exercise a power for which the joint local government has jurisdiction.\n(sec.9-ssec.8) However, the local government may exercise the power as a delegate of the joint local government.\n- (a) inside the local government area; or\n- (b) outside the local government area (including outside Queensland)— (i) with the written approval of the Minister; or (ii) as provided in section 10 (5) .\n- (i) with the written approval of the Minister; or\n- (ii) as provided in section 10 (5) .\n- (i) with the written approval of the Minister; or\n- (ii) as provided in section 10 (5) .","sortOrder":3},{"sectionNumber":"sec.10","sectionType":"section","heading":"Power includes power to conduct joint government activities","content":"### sec.10 Power includes power to conduct joint government activities\n\nA local government may exercise its powers by cooperating with 1 or more other local, State or Commonwealth governments to conduct a joint government activity.\nA joint government activity includes providing a service, or operating a facility, that involves the other governments.\nThe cooperation with another government may take any form, including for example—\nentering into an agreement; or\ncreating a joint local government entity, or joint government entity, to oversee the joint government activity.\nA joint government activity may be set up for more than 1 purpose.\nThree local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to 1 of the local governments.\nA local government may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.\nHowever, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.\nSee section 29 for more information about making local laws.\n(sec.10-ssec.1) A local government may exercise its powers by cooperating with 1 or more other local, State or Commonwealth governments to conduct a joint government activity.\n(sec.10-ssec.2) A joint government activity includes providing a service, or operating a facility, that involves the other governments.\n(sec.10-ssec.3) The cooperation with another government may take any form, including for example— entering into an agreement; or creating a joint local government entity, or joint government entity, to oversee the joint government activity.\n(sec.10-ssec.4) A joint government activity may be set up for more than 1 purpose. Three local governments may create a joint local government entity to manage an aerodrome that services each of their local government areas, and may also enter into an agreement to sell water in bulk to 1 of the local governments.\n(sec.10-ssec.5) A local government may exercise a power in another government’s area for the purposes of a joint government activity, in the way agreed by the governments.\n(sec.10-ssec.6) However, if the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area. See section 29 for more information about making local laws.\n- (a) entering into an agreement; or\n- (b) creating a joint local government entity, or joint government entity, to oversee the joint government activity.","sortOrder":4},{"sectionNumber":"sec.11","sectionType":"section","heading":"Local governments are bodies corporate etc.","content":"### sec.11 Local governments are bodies corporate etc.\n\nA local government—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its name.\ns 11 sub 2012 No. 33 s 77\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its name.","sortOrder":5},{"sectionNumber":"sec.12","sectionType":"section","heading":"Responsibilities of councillors","content":"### sec.12 Responsibilities of councillors\n\nA councillor must represent the current and future interests of the residents of the local government area.\nAll councillors of a local government have the same responsibilities, but the mayor has some extra responsibilities.\nAll councillors have the following responsibilities—\nensuring the local government—\ndischarges its responsibilities under this Act; and\nachieves its corporate plan; and\ncomplies with all laws that apply to local governments;\nproviding high quality leadership to the local government and the community;\nparticipating in council meetings, policy development, and decision-making, for the benefit of the local government area;\nbeing accountable to the community for the local government’s performance.\nThe mayor has the following extra responsibilities—\nleading and managing meetings of the local government as chairperson, and any committee meetings for which the mayor is the chairperson, including managing the conduct of the participants at the meetings;\nleading, managing, and providing strategic direction to, the chief executive officer in order to achieve the high quality administration of the local government;\ndirecting the chief executive officer of the local government under section 170 ;\nconducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example);\nensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister;\nbeing a member of each standing committee of the local government;\nbeing the official spokesperson of the local government about local government matters;\nrepresenting the local government at ceremonial or civic functions.\nA councillor who is not the mayor may perform the mayor’s extra responsibilities only if the mayor delegates the responsibility to the councillor.\nTo remove any doubt, it is declared that subsection (4) (g) does not prevent a councillor who is not the mayor from communicating with the community about local government matters other than as the official spokesperson of the local government.\nWhen performing a responsibility, a councillor must serve the overall public interest of the whole local government area.\ns 12 amd 2009 No. 52 s 115 sch 1 ; 2010 No. 23 s 272 (amdt could not be given effect); 2012 No. 33 s 78 ; 2013 No. 60 s 33 sch 1 ; 2019 No. 30 s 141 ; 2020 No. 20 s 96 ; 2026 No. 5 s 49\n(sec.12-ssec.1) A councillor must represent the current and future interests of the residents of the local government area.\n(sec.12-ssec.2) All councillors of a local government have the same responsibilities, but the mayor has some extra responsibilities.\n(sec.12-ssec.3) All councillors have the following responsibilities— ensuring the local government— discharges its responsibilities under this Act; and achieves its corporate plan; and complies with all laws that apply to local governments; providing high quality leadership to the local government and the community; participating in council meetings, policy development, and decision-making, for the benefit of the local government area; being accountable to the community for the local government’s performance.\n(sec.12-ssec.4) The mayor has the following extra responsibilities— leading and managing meetings of the local government as chairperson, and any committee meetings for which the mayor is the chairperson, including managing the conduct of the participants at the meetings; leading, managing, and providing strategic direction to, the chief executive officer in order to achieve the high quality administration of the local government; directing the chief executive officer of the local government under section 170 ; conducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example); ensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister; being a member of each standing committee of the local government; being the official spokesperson of the local government about local government matters; representing the local government at ceremonial or civic functions.\n(sec.12-ssec.5) A councillor who is not the mayor may perform the mayor’s extra responsibilities only if the mayor delegates the responsibility to the councillor.\n(sec.12-ssec.6) To remove any doubt, it is declared that subsection (4) (g) does not prevent a councillor who is not the mayor from communicating with the community about local government matters other than as the official spokesperson of the local government.\n(sec.12-ssec.7) When performing a responsibility, a councillor must serve the overall public interest of the whole local government area.\n- (a) ensuring the local government— (i) discharges its responsibilities under this Act; and (ii) achieves its corporate plan; and (iii) complies with all laws that apply to local governments;\n- (i) discharges its responsibilities under this Act; and\n- (ii) achieves its corporate plan; and\n- (iii) complies with all laws that apply to local governments;\n- (b) providing high quality leadership to the local government and the community;\n- (c) participating in council meetings, policy development, and decision-making, for the benefit of the local government area;\n- (d) being accountable to the community for the local government’s performance.\n- (i) discharges its responsibilities under this Act; and\n- (ii) achieves its corporate plan; and\n- (iii) complies with all laws that apply to local governments;\n- (a) leading and managing meetings of the local government as chairperson, and any committee meetings for which the mayor is the chairperson, including managing the conduct of the participants at the meetings;\n- (b) leading, managing, and providing strategic direction to, the chief executive officer in order to achieve the high quality administration of the local government;\n- (c) directing the chief executive officer of the local government under section 170 ;\n- (d) conducting a performance appraisal of the chief executive officer, at least annually, in the way that is decided by the local government (including as a member of a committee, for example);\n- (e) ensuring that the local government promptly provides the Minister with the information about the local government area, or the local government, that is requested by the Minister;\n- (f) being a member of each standing committee of the local government;\n- (g) being the official spokesperson of the local government about local government matters;\n- (h) representing the local government at ceremonial or civic functions.","sortOrder":6},{"sectionNumber":"sec.13","sectionType":"section","heading":"Responsibilities of local government employees","content":"### sec.13 Responsibilities of local government employees\n\nAll employees of a local government have the same responsibilities, but the chief executive officer has some extra responsibilities.\nAll employees have the following responsibilities—\nimplementing the policies and priorities of the local government in a way that promotes—\nthe effective, efficient and economical management of public resources; and\nexcellence in service delivery; and\ncontinual improvement;\ncarrying out their duties in a way that ensures the local government—\ndischarges its responsibilities under this Act; and\ncomplies with all laws that apply to local governments; and\nachieves its corporate plan;\nproviding sound and impartial advice to the local government;\ncarrying out their duties impartially and with integrity;\nensuring the employee’s personal conduct does not reflect adversely on the reputation of the local government;\nimproving all aspects of the employee’s work performance;\nobserving all laws relating to their employment;\nobserving the ethics principles under the Public Sector Ethics Act 1994 , section 4 ;\ncomplying with a code of conduct under the Public Sector Ethics Act 1994 .\nThe chief executive officer has the following extra responsibilities—\nmanaging the local government in a way that promotes—\nthe effective, efficient and economical management of public resources; and\nexcellence in service delivery; and\ncontinual improvement;\nmanaging the other local government employees through management practices that—\npromote equal employment opportunities; and\nare responsive to the local government’s policies and priorities;\nestablishing and implementing goals and practices in accordance with the policies and priorities of the local government;\nestablishing and implementing practices about access and equity to ensure that members of the community have access to—\nlocal government programs; and\nappropriate avenues for reviewing local government decisions;\nthe safe custody of—\nall records about the proceedings, accounts or transactions of the local government or its committees; and\nall documents owned or held by the local government;\ncomplying with requests from councillors under section 170A —\nfor advice to assist the councillor carry out his or her role as a councillor; or\nfor information, that the local government has access to, relating to the local government.\ns 13 amd 2009 No. 52 s 115 sch 1 ; 2010 No. 23 s 273 (2) ((1) amdt could not be given effect); 2012 No. 33 s 79 ; 2013 No. 60 s 33 sch 1\n(sec.13-ssec.1) All employees of a local government have the same responsibilities, but the chief executive officer has some extra responsibilities.\n(sec.13-ssec.2) All employees have the following responsibilities— implementing the policies and priorities of the local government in a way that promotes— the effective, efficient and economical management of public resources; and excellence in service delivery; and continual improvement; carrying out their duties in a way that ensures the local government— discharges its responsibilities under this Act; and complies with all laws that apply to local governments; and achieves its corporate plan; providing sound and impartial advice to the local government; carrying out their duties impartially and with integrity; ensuring the employee’s personal conduct does not reflect adversely on the reputation of the local government; improving all aspects of the employee’s work performance; observing all laws relating to their employment; observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ; complying with a code of conduct under the Public Sector Ethics Act 1994 .\n(sec.13-ssec.3) The chief executive officer has the following extra responsibilities— managing the local government in a way that promotes— the effective, efficient and economical management of public resources; and excellence in service delivery; and continual improvement; managing the other local government employees through management practices that— promote equal employment opportunities; and are responsive to the local government’s policies and priorities; establishing and implementing goals and practices in accordance with the policies and priorities of the local government; establishing and implementing practices about access and equity to ensure that members of the community have access to— local government programs; and appropriate avenues for reviewing local government decisions; the safe custody of— all records about the proceedings, accounts or transactions of the local government or its committees; and all documents owned or held by the local government; complying with requests from councillors under section 170A — for advice to assist the councillor carry out his or her role as a councillor; or for information, that the local government has access to, relating to the local government.\n- (a) implementing the policies and priorities of the local government in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement;\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (b) carrying out their duties in a way that ensures the local government— (i) discharges its responsibilities under this Act; and (ii) complies with all laws that apply to local governments; and (iii) achieves its corporate plan;\n- (i) discharges its responsibilities under this Act; and\n- (ii) complies with all laws that apply to local governments; and\n- (iii) achieves its corporate plan;\n- (c) providing sound and impartial advice to the local government;\n- (d) carrying out their duties impartially and with integrity;\n- (e) ensuring the employee’s personal conduct does not reflect adversely on the reputation of the local government;\n- (f) improving all aspects of the employee’s work performance;\n- (g) observing all laws relating to their employment;\n- (h) observing the ethics principles under the Public Sector Ethics Act 1994 , section 4 ;\n- (i) complying with a code of conduct under the Public Sector Ethics Act 1994 .\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (i) discharges its responsibilities under this Act; and\n- (ii) complies with all laws that apply to local governments; and\n- (iii) achieves its corporate plan;\n- (a) managing the local government in a way that promotes— (i) the effective, efficient and economical management of public resources; and (ii) excellence in service delivery; and (iii) continual improvement;\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (b) managing the other local government employees through management practices that— (i) promote equal employment opportunities; and (ii) are responsive to the local government’s policies and priorities;\n- (i) promote equal employment opportunities; and\n- (ii) are responsive to the local government’s policies and priorities;\n- (c) establishing and implementing goals and practices in accordance with the policies and priorities of the local government;\n- (d) establishing and implementing practices about access and equity to ensure that members of the community have access to— (i) local government programs; and (ii) appropriate avenues for reviewing local government decisions;\n- (i) local government programs; and\n- (ii) appropriate avenues for reviewing local government decisions;\n- (e) the safe custody of— (i) all records about the proceedings, accounts or transactions of the local government or its committees; and (ii) all documents owned or held by the local government;\n- (i) all records about the proceedings, accounts or transactions of the local government or its committees; and\n- (ii) all documents owned or held by the local government;\n- (f) complying with requests from councillors under section 170A — (i) for advice to assist the councillor carry out his or her role as a councillor; or (ii) for information, that the local government has access to, relating to the local government.\n- (i) for advice to assist the councillor carry out his or her role as a councillor; or\n- (ii) for information, that the local government has access to, relating to the local government.\n- (i) the effective, efficient and economical management of public resources; and\n- (ii) excellence in service delivery; and\n- (iii) continual improvement;\n- (i) promote equal employment opportunities; and\n- (ii) are responsive to the local government’s policies and priorities;\n- (i) local government programs; and\n- (ii) appropriate avenues for reviewing local government decisions;\n- (i) all records about the proceedings, accounts or transactions of the local government or its committees; and\n- (ii) all documents owned or held by the local government;\n- (i) for advice to assist the councillor carry out his or her role as a councillor; or\n- (ii) for information, that the local government has access to, relating to the local government.","sortOrder":7},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Councillors for divisions of local government areas","content":"# Councillors for divisions of local government areas","sortOrder":8},{"sectionNumber":"sec.14","sectionType":"section","heading":"What this part is about","content":"### sec.14 What this part is about\n\nThis part is about the number of electors that are to be in each division of a local government area, to ensure democratic representation.\nThis part does not apply to an indigenous regional council.\ns 14 amd 2010 No. 23 s 274\n(sec.14-ssec.1) This part is about the number of electors that are to be in each division of a local government area, to ensure democratic representation.\n(sec.14-ssec.2) This part does not apply to an indigenous regional council.","sortOrder":9},{"sectionNumber":"sec.15","sectionType":"section","heading":"Number of councillors for divisions","content":"### sec.15 Number of councillors for divisions\n\nEach division of a local government area must have a reasonable proportion of electors for each councillor elected, or to be elected, for the division.\nA reasonable proportion of electors for a councillor of a division is the number of electors that is worked out by dividing the total number of electors in the local government area (as nearly as can be found out) by the total number of councillors (other than the mayor) currently elected, or to be elected, for the local government, plus or minus—\nfor a local government area with more than 10,000 electors—10%; or\nfor any other local government area—20%.\nIf the total number of electors in the local government area is 15,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 3,000 (i.e. 15,000 divided by 5) plus or minus 10%, i.e. between 2,700 and 3,300 electors.\nIf the total number of electors in the local government area is 5,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 1,000 (i.e. 5,000 divided by 5) plus or minus 20%, i.e. between 800 and 1,200 electors.\nWhen changing a division, including changing the number of councillors elected, or to be elected, for the division, the reasonable proportion of electors for a councillor of a division must be worked out as near as practicable to the time when the change is to happen.\ns 15 amd 2019 No. 30 s 141B\n(sec.15-ssec.1) Each division of a local government area must have a reasonable proportion of electors for each councillor elected, or to be elected, for the division.\n(sec.15-ssec.2) A reasonable proportion of electors for a councillor of a division is the number of electors that is worked out by dividing the total number of electors in the local government area (as nearly as can be found out) by the total number of councillors (other than the mayor) currently elected, or to be elected, for the local government, plus or minus— for a local government area with more than 10,000 electors—10%; or for any other local government area—20%. If the total number of electors in the local government area is 15,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 3,000 (i.e. 15,000 divided by 5) plus or minus 10%, i.e. between 2,700 and 3,300 electors. If the total number of electors in the local government area is 5,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 1,000 (i.e. 5,000 divided by 5) plus or minus 20%, i.e. between 800 and 1,200 electors.\n(sec.15-ssec.3) When changing a division, including changing the number of councillors elected, or to be elected, for the division, the reasonable proportion of electors for a councillor of a division must be worked out as near as practicable to the time when the change is to happen.\n- (a) for a local government area with more than 10,000 electors—10%; or\n- (b) for any other local government area—20%.\n- 1 If the total number of electors in the local government area is 15,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 3,000 (i.e. 15,000 divided by 5) plus or minus 10%, i.e. between 2,700 and 3,300 electors.\n- 2 If the total number of electors in the local government area is 5,000, and the number of councillors (other than the mayor) is 5, the reasonable proportion of electors is 1,000 (i.e. 5,000 divided by 5) plus or minus 20%, i.e. between 800 and 1,200 electors.","sortOrder":10},{"sectionNumber":"sec.16","sectionType":"section","heading":"Review of divisions and councillors","content":"### sec.16 Review of divisions and councillors\n\nFor each local government, the electoral commission must, no later than 1 October in the year that is 2 years before the year of the quadrennial elections—\nreview whether each division of the local government’s local government area has a reasonable proportion of electors for each councillor elected for the division; and\ngive the local government and the Minister notice of the results of the review.\ns 16 sub 2010 No. 23 s 275\namd 2018 No. 8 s 34 ; 2019 No. 30 s 141C ; 2026 No. 5 s 50\n- (a) review whether each division of the local government’s local government area has a reasonable proportion of electors for each councillor elected for the division; and\n- (b) give the local government and the Minister notice of the results of the review.","sortOrder":11},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Changing a local government area, name or representation","content":"# Changing a local government area, name or representation","sortOrder":12},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":13},{"sectionNumber":"sec.17","sectionType":"section","heading":"What this part is about","content":"### sec.17 What this part is about\n\nThis part is about making a local government change.\nA local government change is a change of—\nthe boundaries of a local government area; or\nany divisions of a local government area, other than the City of Brisbane; or\nthe number of councillors for a local government or divisions of a local government area; or\nthe name of a local government area; or\nthe classification of a local government area (from a town to a city, for example).\nIn summary, the process for making a local government change is as follows—\nassessment —the change commission assesses whether a proposed local government change is in the public interest\nimplementation —the Governor in Council implements the local government change under a regulation.\nThe change commission , which conducts the assessment phase of the process, is an independent body that is created under this Act.\nSee division 3 for the creation of the change commission.\ns 17 amd 2019 No. 30 s 141D\n(sec.17-ssec.1) This part is about making a local government change.\n(sec.17-ssec.2) A local government change is a change of— the boundaries of a local government area; or any divisions of a local government area, other than the City of Brisbane; or the number of councillors for a local government or divisions of a local government area; or the name of a local government area; or the classification of a local government area (from a town to a city, for example).\n(sec.17-ssec.3) In summary, the process for making a local government change is as follows— assessment —the change commission assesses whether a proposed local government change is in the public interest implementation —the Governor in Council implements the local government change under a regulation.\n(sec.17-ssec.4) The change commission , which conducts the assessment phase of the process, is an independent body that is created under this Act. See division 3 for the creation of the change commission.\n- (a) the boundaries of a local government area; or\n- (b) any divisions of a local government area, other than the City of Brisbane; or\n- (c) the number of councillors for a local government or divisions of a local government area; or\n- (d) the name of a local government area; or\n- (e) the classification of a local government area (from a town to a city, for example).\n- • assessment —the change commission assesses whether a proposed local government change is in the public interest\n- • implementation —the Governor in Council implements the local government change under a regulation.","sortOrder":14},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"The process for change","content":"## The process for change","sortOrder":15},{"sectionNumber":"sec.18","sectionType":"section","heading":"Who may start the change process","content":"### sec.18 Who may start the change process\n\nOnly the Minister may propose a local government change to the change commission.\ns 18 sub 2013 No. 60 s 10","sortOrder":16},{"sectionNumber":"sec.19","sectionType":"section","heading":"Assessment","content":"### sec.19 Assessment\n\nThe change commission is responsible for assessing whether a local government change proposed by the Minister is in the public interest.\nIn doing so, the change commission must consider—\nwhether the proposed local government change is consistent with a Local Government Act ; and\nthe views of the Minister about the proposed local government change; and\nany other matters prescribed under a regulation.\nThe change commission may conduct its assessment in any way that it considers appropriate, including, for example, by—\nasking for submissions from any local government that would be affected by the proposed local government change; or\nholding a public hearing (in the way set out in chapter 7 , part 1 ) to ask the public for its views about the proposed local government change.\nHowever, the Minister may direct the change commission in writing to conduct its assessment of the proposed local government change in a particular way.\nDespite subsection (3) , the change commission must comply with the Minister’s direction.\nThe change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results—\nin the gazette; and\non the electoral commission’s website.\nThe change commission must also give the results of its assessment to the Minister.\nThe change commission may recommend that the Governor in Council implement the change commission’s assessment.\ns 19 amd 2011 No. 8 s 58 ; 2013 No. 60 s 11; 2023 No. 30 s 29\n(sec.19-ssec.1) The change commission is responsible for assessing whether a local government change proposed by the Minister is in the public interest.\n(sec.19-ssec.2) In doing so, the change commission must consider— whether the proposed local government change is consistent with a Local Government Act ; and the views of the Minister about the proposed local government change; and any other matters prescribed under a regulation.\n(sec.19-ssec.3) The change commission may conduct its assessment in any way that it considers appropriate, including, for example, by— asking for submissions from any local government that would be affected by the proposed local government change; or holding a public hearing (in the way set out in chapter 7 , part 1 ) to ask the public for its views about the proposed local government change.\n(sec.19-ssec.4) However, the Minister may direct the change commission in writing to conduct its assessment of the proposed local government change in a particular way.\n(sec.19-ssec.5) Despite subsection (3) , the change commission must comply with the Minister’s direction.\n(sec.19-ssec.6) The change commission must let the public know the results of its assessment and the reasons for the results, by publishing notice of the results— in the gazette; and on the electoral commission’s website.\n(sec.19-ssec.7) The change commission must also give the results of its assessment to the Minister.\n(sec.19-ssec.8) The change commission may recommend that the Governor in Council implement the change commission’s assessment.\n- (a) whether the proposed local government change is consistent with a Local Government Act ; and\n- (b) the views of the Minister about the proposed local government change; and\n- (c) any other matters prescribed under a regulation.\n- (a) asking for submissions from any local government that would be affected by the proposed local government change; or\n- (b) holding a public hearing (in the way set out in chapter 7 , part 1 ) to ask the public for its views about the proposed local government change.\n- (a) in the gazette; and\n- (b) on the electoral commission’s website.","sortOrder":17},{"sectionNumber":"sec.20","sectionType":"section","heading":"Implementation","content":"### sec.20 Implementation\n\nThe Governor in Council may implement the change commission’s recommendation under a regulation.\nThe regulation may provide for anything that is necessary or convenient to facilitate the implementation of the local government change.\nFor example, the regulation may provide for—\nholding, postponing or cancelling a local government election, including, for example, matters in relation to expenditure caps and disclosure of gifts, loans and electoral expenditure under the following provisions of the Local Government Electoral Act —\npart 4 , division 2 , subdivision 3 ;\npart 6 ;\npart 9 , division 5 ; or\nthe transfer of assets and liabilities from a local government to another local government.\nA local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a local government change.\nA State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001 .\ns 20 amd 2023 No. 8 s 8\n(sec.20-ssec.1) The Governor in Council may implement the change commission’s recommendation under a regulation.\n(sec.20-ssec.2) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the local government change.\n(sec.20-ssec.3) For example, the regulation may provide for— holding, postponing or cancelling a local government election, including, for example, matters in relation to expenditure caps and disclosure of gifts, loans and electoral expenditure under the following provisions of the Local Government Electoral Act — part 4 , division 2 , subdivision 3 ; part 6 ; part 9 , division 5 ; or the transfer of assets and liabilities from a local government to another local government.\n(sec.20-ssec.4) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a local government change.\n(sec.20-ssec.5) A State tax is a tax, charge, fee or levy imposed under an Act, other than a duty under the Duties Act 2001 .\n- (a) holding, postponing or cancelling a local government election, including, for example, matters in relation to expenditure caps and disclosure of gifts, loans and electoral expenditure under the following provisions of the Local Government Electoral Act — (i) part 4 , division 2 , subdivision 3 ; (ii) part 6 ; (iii) part 9 , division 5 ; or\n- (i) part 4 , division 2 , subdivision 3 ;\n- (ii) part 6 ;\n- (iii) part 9 , division 5 ; or\n- (b) the transfer of assets and liabilities from a local government to another local government.\n- (i) part 4 , division 2 , subdivision 3 ;\n- (ii) part 6 ;\n- (iii) part 9 , division 5 ; or","sortOrder":18},{"sectionNumber":"sec.21","sectionType":"section","heading":"Decisions under this division are not subject to appeal","content":"### sec.21 Decisions under this division are not subject to appeal\n\nA decision of the change commission under this division is not subject to appeal.\nSee section 244 for more information.","sortOrder":19},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"The change commission","content":"## The change commission","sortOrder":20},{"sectionNumber":"sec.22","sectionType":"section","heading":"Change commission is established","content":"### sec.22 Change commission is established\n\nThe Local Government Change Commission (the change commission ) is established.\nThe change commission is made up of—\nthe electoral commissioner; or\nany combination of the following persons that the electoral commissioner nominates—\nthe electoral commissioner;\nthe deputy electoral commissioner;\na casual commissioner.\n(sec.22-ssec.1) The Local Government Change Commission (the change commission ) is established.\n(sec.22-ssec.2) The change commission is made up of— the electoral commissioner; or any combination of the following persons that the electoral commissioner nominates— the electoral commissioner; the deputy electoral commissioner; a casual commissioner.\n- (a) the electoral commissioner; or\n- (b) any combination of the following persons that the electoral commissioner nominates— (i) the electoral commissioner; (ii) the deputy electoral commissioner; (iii) a casual commissioner.\n- (i) the electoral commissioner;\n- (ii) the deputy electoral commissioner;\n- (iii) a casual commissioner.\n- (i) the electoral commissioner;\n- (ii) the deputy electoral commissioner;\n- (iii) a casual commissioner.","sortOrder":21},{"sectionNumber":"sec.23","sectionType":"section","heading":"Casual commissioners","content":"### sec.23 Casual commissioners\n\nThe Governor in Council may appoint the number of casual commissioners that the Governor in Council considers appropriate.\nThe Governor in Council must appoint a qualified person to be a casual commissioner.\nA person is qualified to be a casual commissioner if the person—\nhas—\nextensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or\nother qualifications and experience that the Governor in Council considers appropriate; but\nis not—\na member of an Australian Parliament; or\na nominee for election as a member of an Australian Parliament; or\na councillor; or\na nominee for election as a councillor; or\na person who has accepted an appointment as a councillor; or\na member of a political party; or\na person who has a conviction for an indictable offence that is not an expired conviction.\nA casual commissioner may be appointed for a term of not longer than 3 years.\nA casual commissioner holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides.\nA casual commissioner may resign by a signed notice of resignation given to the Minister.\ns 23 amd 2010 No. 23 s 276\n(sec.23-ssec.1) The Governor in Council may appoint the number of casual commissioners that the Governor in Council considers appropriate.\n(sec.23-ssec.2) The Governor in Council must appoint a qualified person to be a casual commissioner.\n(sec.23-ssec.3) A person is qualified to be a casual commissioner if the person— has— extensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or other qualifications and experience that the Governor in Council considers appropriate; but is not— a member of an Australian Parliament; or a nominee for election as a member of an Australian Parliament; or a councillor; or a nominee for election as a councillor; or a person who has accepted an appointment as a councillor; or a member of a political party; or a person who has a conviction for an indictable offence that is not an expired conviction.\n(sec.23-ssec.4) A casual commissioner may be appointed for a term of not longer than 3 years.\n(sec.23-ssec.5) A casual commissioner holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides.\n(sec.23-ssec.6) A casual commissioner may resign by a signed notice of resignation given to the Minister.\n- (a) has— (i) extensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or (ii) other qualifications and experience that the Governor in Council considers appropriate; but\n- (i) extensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or\n- (ii) other qualifications and experience that the Governor in Council considers appropriate; but\n- (b) is not— (i) a member of an Australian Parliament; or (ii) a nominee for election as a member of an Australian Parliament; or (iii) a councillor; or (iv) a nominee for election as a councillor; or (v) a person who has accepted an appointment as a councillor; or (vi) a member of a political party; or (vii) a person who has a conviction for an indictable offence that is not an expired conviction.\n- (i) a member of an Australian Parliament; or\n- (ii) a nominee for election as a member of an Australian Parliament; or\n- (iii) a councillor; or\n- (iv) a nominee for election as a councillor; or\n- (v) a person who has accepted an appointment as a councillor; or\n- (vi) a member of a political party; or\n- (vii) a person who has a conviction for an indictable offence that is not an expired conviction.\n- (i) extensive knowledge of and experience in local government, public administration, law, public finance or community affairs; or\n- (ii) other qualifications and experience that the Governor in Council considers appropriate; but\n- (i) a member of an Australian Parliament; or\n- (ii) a nominee for election as a member of an Australian Parliament; or\n- (iii) a councillor; or\n- (iv) a nominee for election as a councillor; or\n- (v) a person who has accepted an appointment as a councillor; or\n- (vi) a member of a political party; or\n- (vii) a person who has a conviction for an indictable offence that is not an expired conviction.","sortOrder":22},{"sectionNumber":"sec.24","sectionType":"section","heading":"Conflict of interests","content":"### sec.24 Conflict of interests\n\nThis section applies if—\na person on the change commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the change commission; and\nthe interest could conflict with the proper performance of the person’s responsibilities for the matter.\nThe person must not take part, or take any further part, in the consideration of the matter.\nMaximum penalty—35 penalty units.\nAs soon as practicable after the person becomes aware that this section applies to the matter, the person must—\nif the person is the electoral commissioner—direct the deputy electoral commissioner to constitute the change commission in the electoral commissioner’s place; or\notherwise—inform the electoral commissioner.\nMaximum penalty—35 penalty units.\nIf subsection (3) (b) applies, the electoral commissioner must take the person’s place.\n(sec.24-ssec.1) This section applies if— a person on the change commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the change commission; and the interest could conflict with the proper performance of the person’s responsibilities for the matter.\n(sec.24-ssec.2) The person must not take part, or take any further part, in the consideration of the matter. Maximum penalty—35 penalty units.\n(sec.24-ssec.3) As soon as practicable after the person becomes aware that this section applies to the matter, the person must— if the person is the electoral commissioner—direct the deputy electoral commissioner to constitute the change commission in the electoral commissioner’s place; or otherwise—inform the electoral commissioner. Maximum penalty—35 penalty units.\n(sec.24-ssec.4) If subsection (3) (b) applies, the electoral commissioner must take the person’s place.\n- (a) a person on the change commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the change commission; and\n- (b) the interest could conflict with the proper performance of the person’s responsibilities for the matter.\n- (a) if the person is the electoral commissioner—direct the deputy electoral commissioner to constitute the change commission in the electoral commissioner’s place; or\n- (b) otherwise—inform the electoral commissioner.","sortOrder":23},{"sectionNumber":"sec.25","sectionType":"section","heading":"Annual report of change commission","content":"### sec.25 Annual report of change commission\n\nThe electoral commissioner must prepare a report about the change commission’s operations during each financial year.\nThe report must include details of the following directions given to the change commission by the Minister during the financial year for which the report is prepared—\na direction given under section 19 (4) ;\na direction given under the City of Brisbane Act 2010 , section 21 (4) .\nThe electoral commissioner must give a copy of the report to the Minister, before the end of the first October after the financial year.\nThe electoral commissioner must include the report in the annual report of the electoral commission (that is prepared under the Electoral Act , section 18 ).\nThe electoral commissioner must ensure that the public can inspect copies of the report—\nat the electoral commission’s office in Brisbane; and\non the electoral commission’s website.\ns 25 amd 2010 No. 23 s 277 ; 2011 No. 8 s 59 ; 2013 No. 60 s 33 sch 1\n(sec.25-ssec.1) The electoral commissioner must prepare a report about the change commission’s operations during each financial year.\n(sec.25-ssec.2) The report must include details of the following directions given to the change commission by the Minister during the financial year for which the report is prepared— a direction given under section 19 (4) ; a direction given under the City of Brisbane Act 2010 , section 21 (4) .\n(sec.25-ssec.3) The electoral commissioner must give a copy of the report to the Minister, before the end of the first October after the financial year.\n(sec.25-ssec.4) The electoral commissioner must include the report in the annual report of the electoral commission (that is prepared under the Electoral Act , section 18 ).\n(sec.25-ssec.5) The electoral commissioner must ensure that the public can inspect copies of the report— at the electoral commission’s office in Brisbane; and on the electoral commission’s website.\n- (a) a direction given under section 19 (4) ;\n- (b) a direction given under the City of Brisbane Act 2010 , section 21 (4) .\n- (a) at the electoral commission’s office in Brisbane; and\n- (b) on the electoral commission’s website.","sortOrder":24},{"sectionNumber":"ch.2A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":25},{"sectionNumber":"sec.25A","sectionType":"section","heading":"What this chapter is about","content":"### sec.25A What this chapter is about\n\nThis chapter explains what a joint local government is and its responsibilities and powers.\nFor other flexible forms of cooperation between local governments, see section 10 .\nA joint local government is an entity that, within a joint local government area, takes over particular responsibilities from its component local governments.\nA joint local government area is a part of the State that consists of the whole or parts of 2 or more local government areas of component local governments.\nA component local government is a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments.\nIn this chapter local government includes the Brisbane City Council.\ns 25A ins 2012 No. 33 s 80\n(sec.25A-ssec.1) This chapter explains what a joint local government is and its responsibilities and powers. For other flexible forms of cooperation between local governments, see section 10 .\n(sec.25A-ssec.2) A joint local government is an entity that, within a joint local government area, takes over particular responsibilities from its component local governments.\n(sec.25A-ssec.3) A joint local government area is a part of the State that consists of the whole or parts of 2 or more local government areas of component local governments.\n(sec.25A-ssec.4) A component local government is a local government entitled to be represented on a joint local government, either in its own right or as a member of a group of local governments.\n(sec.25A-ssec.5) In this chapter local government includes the Brisbane City Council.","sortOrder":26},{"sectionNumber":"ch.2A-pt.2","sectionType":"part","heading":"Establishment and operation of joint local governments","content":"# Establishment and operation of joint local governments","sortOrder":27},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Constitution of joint local governments","content":"### sec.25B Constitution of joint local governments\n\nBefore establishing a joint local government, the proposed component local governments must reach agreement about the constitution of the joint local government.\nThe constitution of a joint local government is a document setting out the following—\nthe name of the joint local government;\nthe responsibilities to be transferred to the joint local government from its component local governments;\nthe boundaries of the joint local government area;\nthe number of members of the joint local government to which each component local government is entitled;\nthe process for appointing members;\nthe proportion of the cost of the operations of the joint local government that must be contributed by each of its component local governments;\nthe recovery of the cost of the operations of the joint local government;\nanother matter—\nfor which it is necessary or convenient to provide for the joint local government’s establishment or operation; but\nfor which this Act does not make provision or adequate provision.\nThe boundaries of a joint local government area may not be beyond the boundaries of its component local governments.\nOnly a councillor of a component local government may be a member of a joint local government.\nThe members of a joint local government are not entitled to any additional remuneration or allowances for being members of the joint local government.\ns 25B ins 2012 No. 33 s 80\n(sec.25B-ssec.1) Before establishing a joint local government, the proposed component local governments must reach agreement about the constitution of the joint local government.\n(sec.25B-ssec.2) The constitution of a joint local government is a document setting out the following— the name of the joint local government; the responsibilities to be transferred to the joint local government from its component local governments; the boundaries of the joint local government area; the number of members of the joint local government to which each component local government is entitled; the process for appointing members; the proportion of the cost of the operations of the joint local government that must be contributed by each of its component local governments; the recovery of the cost of the operations of the joint local government; another matter— for which it is necessary or convenient to provide for the joint local government’s establishment or operation; but for which this Act does not make provision or adequate provision.\n(sec.25B-ssec.3) The boundaries of a joint local government area may not be beyond the boundaries of its component local governments.\n(sec.25B-ssec.4) Only a councillor of a component local government may be a member of a joint local government.\n(sec.25B-ssec.5) The members of a joint local government are not entitled to any additional remuneration or allowances for being members of the joint local government.\n- (a) the name of the joint local government;\n- (b) the responsibilities to be transferred to the joint local government from its component local governments;\n- (c) the boundaries of the joint local government area;\n- (d) the number of members of the joint local government to which each component local government is entitled;\n- (e) the process for appointing members;\n- (f) the proportion of the cost of the operations of the joint local government that must be contributed by each of its component local governments;\n- (g) the recovery of the cost of the operations of the joint local government;\n- (h) another matter— (i) for which it is necessary or convenient to provide for the joint local government’s establishment or operation; but (ii) for which this Act does not make provision or adequate provision.\n- (i) for which it is necessary or convenient to provide for the joint local government’s establishment or operation; but\n- (ii) for which this Act does not make provision or adequate provision.\n- (i) for which it is necessary or convenient to provide for the joint local government’s establishment or operation; but\n- (ii) for which this Act does not make provision or adequate provision.","sortOrder":28},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Establishment of joint local governments","content":"### sec.25C Establishment of joint local governments\n\nA joint local government is established for an area if 2 or more local governments approve, by resolution, the constitution for the joint local government.\nTwo or more joint local governments may be established for the same joint local government area, or part of a joint local government area, if the joint local governments are to have different functions.\nEach component local government must ensure the public may inspect or purchase a copy of an approved constitution for the joint local government at the component local government’s public office.\ns 25C ins 2012 No. 33 s 80\n(sec.25C-ssec.1) A joint local government is established for an area if 2 or more local governments approve, by resolution, the constitution for the joint local government.\n(sec.25C-ssec.2) Two or more joint local governments may be established for the same joint local government area, or part of a joint local government area, if the joint local governments are to have different functions.\n(sec.25C-ssec.3) Each component local government must ensure the public may inspect or purchase a copy of an approved constitution for the joint local government at the component local government’s public office.","sortOrder":29},{"sectionNumber":"sec.25D","sectionType":"section","heading":"Joint local governments are bodies corporate etc.","content":"### sec.25D Joint local governments are bodies corporate etc.\n\nA joint local government—\nis a body corporate with perpetual succession; and\nhas a common seal; and\nmay sue and be sued in its name.\ns 25D ins 2012 No. 33 s 80\n- (a) is a body corporate with perpetual succession; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its name.","sortOrder":30},{"sectionNumber":"sec.25E","sectionType":"section","heading":"Powers of joint local governments generally","content":"### sec.25E Powers of joint local governments generally\n\nA joint local government has the same powers as a local government to do anything that is necessary or convenient for performing its responsibilities.\nFor the powers of a local government, see sections 9 and 262 .\nA joint local government only has the responsibilities given to it by its component local governments under its constitution. See section 25B (2) .\nIn exercising a power under subsection (1) , a joint local government has the same limitations and obligations that its component local governments would have under this or another Act in exercising the power.\nIf a component local government must comply with particular requirements before exercising a power under an Act, a joint local government must also comply with the requirements before exercising the same power.\nFor the purpose of subsections (1) and (2) , a reference to a local government in this or another Act is taken to include a reference to a joint local government.\nA joint local government may exercise its powers in its own name.\ns 25E ins 2012 No. 33 s 80\n(sec.25E-ssec.1) A joint local government has the same powers as a local government to do anything that is necessary or convenient for performing its responsibilities. For the powers of a local government, see sections 9 and 262 . A joint local government only has the responsibilities given to it by its component local governments under its constitution. See section 25B (2) .\n(sec.25E-ssec.2) In exercising a power under subsection (1) , a joint local government has the same limitations and obligations that its component local governments would have under this or another Act in exercising the power. If a component local government must comply with particular requirements before exercising a power under an Act, a joint local government must also comply with the requirements before exercising the same power.\n(sec.25E-ssec.3) For the purpose of subsections (1) and (2) , a reference to a local government in this or another Act is taken to include a reference to a joint local government.\n(sec.25E-ssec.4) A joint local government may exercise its powers in its own name.\n- 1 For the powers of a local government, see sections 9 and 262 .\n- 2 A joint local government only has the responsibilities given to it by its component local governments under its constitution. See section 25B (2) .","sortOrder":31},{"sectionNumber":"sec.25F","sectionType":"section","heading":"Restriction on power to make or levy rates and charges","content":"### sec.25F Restriction on power to make or levy rates and charges\n\nA joint local government can not make or levy any rates or charges on land.\nA component local government of a joint local government may make or levy rates and charges on land for a matter within its jurisdiction, even though—\nthe land is within the joint local government’s area; and\nthe purpose for the rates or charges relates to a matter within the joint local government’s jurisdiction.\ns 25F ins 2012 No. 33 s 80\n(sec.25F-ssec.1) A joint local government can not make or levy any rates or charges on land.\n(sec.25F-ssec.2) A component local government of a joint local government may make or levy rates and charges on land for a matter within its jurisdiction, even though— the land is within the joint local government’s area; and the purpose for the rates or charges relates to a matter within the joint local government’s jurisdiction.\n- (a) the land is within the joint local government’s area; and\n- (b) the purpose for the rates or charges relates to a matter within the joint local government’s jurisdiction.","sortOrder":32},{"sectionNumber":"sec.25G","sectionType":"section","heading":"Limitation on powers of a component local government","content":"### sec.25G Limitation on powers of a component local government\n\nA component local government may not, within a joint local government area, exercise a power for which the joint local government has jurisdiction.\nHowever, the component local government may exercise the power as a delegate of the joint local government.\ns 25G ins 2012 No. 33 s 80\n(sec.25G-ssec.1) A component local government may not, within a joint local government area, exercise a power for which the joint local government has jurisdiction.\n(sec.25G-ssec.2) However, the component local government may exercise the power as a delegate of the joint local government.","sortOrder":33},{"sectionNumber":"sec.25H","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.25H Chairperson and deputy chairperson\n\nA joint local government must appoint a chairperson and deputy chairperson from its members, by resolution, at—\nthe first meeting of the joint local government; and\nat its first meeting after each quadrennial election after the meeting mentioned in paragraph (a) .\ns 25H ins 2012 No. 33 s 80\n- (a) the first meeting of the joint local government; and\n- (b) at its first meeting after each quadrennial election after the meeting mentioned in paragraph (a) .","sortOrder":34},{"sectionNumber":"sec.25I","sectionType":"section","heading":"Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction","content":"### sec.25I Disbursement from operating fund of joint local government for purposes other than exclusive jurisdiction\n\nA joint local government may make a disbursement from its operating fund for any purpose that—\nis not within the exclusive jurisdiction of the joint local government; but\nis within the jurisdiction of its component local governments.\nHowever, the disbursement may be made only if—\nthe joint local government has, by resolution, decided the amount of the disbursement is not required for exercising its exclusive jurisdiction; and\nthe component local governments approve the purpose for which the disbursement is to be made.\nThe approval may be given for the purpose for disbursements in more than 1 financial year.\nA disbursement under this section may be made—\nto a component local government or another entity; or\ndirectly by the joint local government.\ns 25I ins 2012 No. 33 s 80\n(sec.25I-ssec.1) A joint local government may make a disbursement from its operating fund for any purpose that— is not within the exclusive jurisdiction of the joint local government; but is within the jurisdiction of its component local governments.\n(sec.25I-ssec.2) However, the disbursement may be made only if— the joint local government has, by resolution, decided the amount of the disbursement is not required for exercising its exclusive jurisdiction; and the component local governments approve the purpose for which the disbursement is to be made.\n(sec.25I-ssec.3) The approval may be given for the purpose for disbursements in more than 1 financial year.\n(sec.25I-ssec.4) A disbursement under this section may be made— to a component local government or another entity; or directly by the joint local government.\n- (a) is not within the exclusive jurisdiction of the joint local government; but\n- (b) is within the jurisdiction of its component local governments.\n- (a) the joint local government has, by resolution, decided the amount of the disbursement is not required for exercising its exclusive jurisdiction; and\n- (b) the component local governments approve the purpose for which the disbursement is to be made.\n- (a) to a component local government or another entity; or\n- (b) directly by the joint local government.","sortOrder":35},{"sectionNumber":"sec.25J","sectionType":"section","heading":"Winding up joint local governments","content":"### sec.25J Winding up joint local governments\n\nA joint local government may, by resolution, decide to wind up the joint local government.\nIf a joint local government acts under subsection (1) , the joint local government must cease to carry out activities except so far as is required for winding up the joint local government.\ns 25J ins 2012 No. 33 s 80\n(sec.25J-ssec.1) A joint local government may, by resolution, decide to wind up the joint local government.\n(sec.25J-ssec.2) If a joint local government acts under subsection (1) , the joint local government must cease to carry out activities except so far as is required for winding up the joint local government.","sortOrder":36},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Local laws","content":"# Local laws","sortOrder":37},{"sectionNumber":"ch.3-pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":38},{"sectionNumber":"sec.26","sectionType":"section","heading":"What this part is about","content":"### sec.26 What this part is about\n\nThis part is about local laws.\nA local law is a law made by a local government.\nUnless there is a contrary intention, a reference in this Act to a local law includes a reference to—\nan interim local law; and\na subordinate local law; and\na local law that incorporates a model local law.\nAn interim local law is a local law that has effect for 6 months or less.\nA subordinate local law is a local law that—\nis made under a power contained in a local law; and\nprovides for the detailed implementation of the broader principles contained in the local law.\nA subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.\nThe Minister may approve, by gazette notice, a local law as being suitable for incorporation by all local governments into their local laws.\nThis type of local law is a model local law .\ns 26 amd 2012 No. 33 s 81\n(sec.26-ssec.1) This part is about local laws.\n(sec.26-ssec.2) A local law is a law made by a local government.\n(sec.26-ssec.3) Unless there is a contrary intention, a reference in this Act to a local law includes a reference to— an interim local law; and a subordinate local law; and a local law that incorporates a model local law.\n(sec.26-ssec.4) An interim local law is a local law that has effect for 6 months or less.\n(sec.26-ssec.5) A subordinate local law is a local law that— is made under a power contained in a local law; and provides for the detailed implementation of the broader principles contained in the local law.\n(sec.26-ssec.6) A subordinate local law is called that because it is subordinate to the local law under which it is made, so that if there is any inconsistency between the subordinate local law and the local law, the local law prevails to the extent of the inconsistency.\n(sec.26-ssec.7) The Minister may approve, by gazette notice, a local law as being suitable for incorporation by all local governments into their local laws.\n(sec.26-ssec.8) This type of local law is a model local law .\n- (a) an interim local law; and\n- (b) a subordinate local law; and\n- (c) a local law that incorporates a model local law.\n- (a) is made under a power contained in a local law; and\n- (b) provides for the detailed implementation of the broader principles contained in the local law.","sortOrder":39},{"sectionNumber":"sec.27","sectionType":"section","heading":"Interaction with State laws","content":"### sec.27 Interaction with State laws\n\nIf there is any inconsistency between a local law and a law made by the State, the law made by the State prevails to the extent of the inconsistency.","sortOrder":40},{"sectionNumber":"ch.3-pt.1-div.2","sectionType":"division","heading":"Making, recording and reviewing local laws","content":"## Making, recording and reviewing local laws","sortOrder":41},{"sectionNumber":"sec.28","sectionType":"section","heading":"Power to make a local law","content":"### sec.28 Power to make a local law\n\nA local government may make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area.\nHowever, a local government must not make a local law—\nthat sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or\nthat purports to stop a local law being amended or repealed in the future; or\nabout a subject that is prohibited under division 3 .\n(sec.28-ssec.1) A local government may make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area.\n(sec.28-ssec.2) However, a local government must not make a local law— that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or that purports to stop a local law being amended or repealed in the future; or about a subject that is prohibited under division 3 .\n- (a) that sets a penalty of more than 850 penalty units for each conviction of failing to comply with a local law, including each conviction when there is more than 1 conviction for a continuing offence or repeat offence; or\n- (b) that purports to stop a local law being amended or repealed in the future; or\n- (c) about a subject that is prohibited under division 3 .","sortOrder":42},{"sectionNumber":"sec.29","sectionType":"section","heading":"Local law making process","content":"### sec.29 Local law making process\n\nA local government may decide its own process for making a local law to the extent that the process is not inconsistent with this part.\nA local government makes a local law by passing a resolution to make the local law.\nIf a local government proposes to make a local law about a matter (the new local law ) and there is an existing local law about the same matter that would be inconsistent with the new local law, the local government must amend or repeal the existing local law so that there is no inconsistency.\nThe new local law may include the amendment or repeal of the inconsistent law in the same instrument.\nAn interim local law must include a provision stating when the law expires.\nA local government must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9 for local laws and subordinate local laws.\nTo remove any doubt, it is declared that a local government does not have to carry out any public consultation before making either of the following—\nan interim local law;\na local law that only incorporates a model local law and does not contain an anti-competitive provision.\ns 29 sub 2010 No. 23 s 278 ; 2012 No. 33 s 82\n(sec.29-ssec.1) A local government may decide its own process for making a local law to the extent that the process is not inconsistent with this part.\n(sec.29-ssec.2) A local government makes a local law by passing a resolution to make the local law.\n(sec.29-ssec.3) If a local government proposes to make a local law about a matter (the new local law ) and there is an existing local law about the same matter that would be inconsistent with the new local law, the local government must amend or repeal the existing local law so that there is no inconsistency. The new local law may include the amendment or repeal of the inconsistent law in the same instrument.\n(sec.29-ssec.4) An interim local law must include a provision stating when the law expires.\n(sec.29-ssec.5) A local government must ensure its local laws are drafted in compliance with the guidelines issued by the Parliamentary Counsel under the Legislative Standards Act 1992 , section 9 for local laws and subordinate local laws.\n(sec.29-ssec.6) To remove any doubt, it is declared that a local government does not have to carry out any public consultation before making either of the following— an interim local law; a local law that only incorporates a model local law and does not contain an anti-competitive provision.\n- (a) an interim local law;\n- (b) a local law that only incorporates a model local law and does not contain an anti-competitive provision.","sortOrder":43},{"sectionNumber":"sec.29A","sectionType":"section","heading":"State interest check","content":"### sec.29A State interest check\n\nThis section applies if a local government proposes to make a local law other than the following—\na local law that incorporates a model local law;\na subordinate local law.\nHowever, this section also applies to a local law that incorporates a model local law if the local law includes more than—\nthe model local law; or\nany amendment or repeal of an existing local law that would be inconsistent with the model local law.\nA local government must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.\ns 29A ins 2010 No. 23 s 278\nsub 2012 No. 33 s 82\n(sec.29A-ssec.1) This section applies if a local government proposes to make a local law other than the following— a local law that incorporates a model local law; a subordinate local law.\n(sec.29A-ssec.2) However, this section also applies to a local law that incorporates a model local law if the local law includes more than— the model local law; or any amendment or repeal of an existing local law that would be inconsistent with the model local law.\n(sec.29A-ssec.3) A local government must consult with relevant government entities about the overall State interest in the proposed local law before making the local law.\n- (a) a local law that incorporates a model local law;\n- (b) a subordinate local law.\n- (a) the model local law; or\n- (b) any amendment or repeal of an existing local law that would be inconsistent with the model local law.","sortOrder":44},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Publication of local laws","content":"### sec.29B Publication of local laws\n\nA local government must let the public know that a local law has been made by the local government, by publishing a notice of making the local law—\nin the gazette; and\non the local government’s website.\nThe notice must be published within 1 month after the day when the local government made the resolution to make the local law.\nThe notice in the gazette must state—\nthe name of the local government; and\nthe date when the local government made the resolution to make the local law; and\nthe name of the local law; and\nthe name of any existing local law that was amended or repealed by the new local law.\nThe notice on the local government’s website must state—\nthe name of the local government; and\nthe date when the local government made the resolution to make the local law; and\nthe name of the local law; and\nthe name of any existing local law that was amended or repealed by the new local law; and\nif the local law incorporates a model local law—that fact; and\nif the local law is an interim local law—that fact, and the date on which the interim local law expires; and\nif the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and\nthe purpose and general effect of the local law; and\nif the local law contains an anti-competitive provision—that fact; and\nthat a copy of the local law may be—\ninspected and purchased at the local government’s public office; and\nviewed by the public on the department’s website.\nAs soon as practicable after the notice is published in the gazette, the local government must ensure a copy of the local law may be inspected and purchased by the public at the local government’s public office.\nA copy of a local law must cost no more than the cost to the local government of making the copy available for purchase.\nWithin 14 days after the notice is published in the gazette, the local government must give the Minister—\na copy of the notice; and\na copy of the local law in electronic form.\ns 29B ins 2010 No. 23 s 278\namd 2012 No. 33 s 83\n(sec.29B-ssec.1) A local government must let the public know that a local law has been made by the local government, by publishing a notice of making the local law— in the gazette; and on the local government’s website.\n(sec.29B-ssec.2) The notice must be published within 1 month after the day when the local government made the resolution to make the local law.\n(sec.29B-ssec.3) The notice in the gazette must state— the name of the local government; and the date when the local government made the resolution to make the local law; and the name of the local law; and the name of any existing local law that was amended or repealed by the new local law.\n(sec.29B-ssec.4) The notice on the local government’s website must state— the name of the local government; and the date when the local government made the resolution to make the local law; and the name of the local law; and the name of any existing local law that was amended or repealed by the new local law; and if the local law incorporates a model local law—that fact; and if the local law is an interim local law—that fact, and the date on which the interim local law expires; and if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and the purpose and general effect of the local law; and if the local law contains an anti-competitive provision—that fact; and that a copy of the local law may be— inspected and purchased at the local government’s public office; and viewed by the public on the department’s website.\n(sec.29B-ssec.5) As soon as practicable after the notice is published in the gazette, the local government must ensure a copy of the local law may be inspected and purchased by the public at the local government’s public office.\n(sec.29B-ssec.6) A copy of a local law must cost no more than the cost to the local government of making the copy available for purchase.\n(sec.29B-ssec.7) Within 14 days after the notice is published in the gazette, the local government must give the Minister— a copy of the notice; and a copy of the local law in electronic form.\n- (a) in the gazette; and\n- (b) on the local government’s website.\n- (a) the name of the local government; and\n- (b) the date when the local government made the resolution to make the local law; and\n- (c) the name of the local law; and\n- (d) the name of any existing local law that was amended or repealed by the new local law.\n- (a) the name of the local government; and\n- (b) the date when the local government made the resolution to make the local law; and\n- (c) the name of the local law; and\n- (d) the name of any existing local law that was amended or repealed by the new local law; and\n- (e) if the local law incorporates a model local law—that fact; and\n- (f) if the local law is an interim local law—that fact, and the date on which the interim local law expires; and\n- (g) if the local law is a subordinate local law—the name of the local law that authorises the subordinate local law to be made; and\n- (h) the purpose and general effect of the local law; and\n- (i) if the local law contains an anti-competitive provision—that fact; and\n- (j) that a copy of the local law may be— (i) inspected and purchased at the local government’s public office; and (ii) viewed by the public on the department’s website.\n- (i) inspected and purchased at the local government’s public office; and\n- (ii) viewed by the public on the department’s website.\n- (i) inspected and purchased at the local government’s public office; and\n- (ii) viewed by the public on the department’s website.\n- (a) a copy of the notice; and\n- (b) a copy of the local law in electronic form.","sortOrder":45},{"sectionNumber":"sec.30","sectionType":"section","heading":"Expiry of interim local law revives previous law","content":"### sec.30 Expiry of interim local law revives previous law\n\nThis section applies if—\nan interim local law amends or repeals a local law; and\nthe interim local law expires; and\nthe interim local law is not made (either with or without change) as a local law.\nWhen the interim local law expires—\nthe local law is revived in its previous form; and\nany subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.\nThe previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced.\nThis section does not affect anything that was done or suffered under the interim local law before it expired.\nThis section applies despite the Acts Interpretation Act 1954 , section 19 .\n(sec.30-ssec.1) This section applies if— an interim local law amends or repeals a local law; and the interim local law expires; and the interim local law is not made (either with or without change) as a local law.\n(sec.30-ssec.2) When the interim local law expires— the local law is revived in its previous form; and any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.\n(sec.30-ssec.3) The previous form of a local law, subordinate local law, or provision of a subordinate local law is the form it was in immediately before the interim local law commenced.\n(sec.30-ssec.4) This section does not affect anything that was done or suffered under the interim local law before it expired.\n(sec.30-ssec.5) This section applies despite the Acts Interpretation Act 1954 , section 19 .\n- (a) an interim local law amends or repeals a local law; and\n- (b) the interim local law expires; and\n- (c) the interim local law is not made (either with or without change) as a local law.\n- (a) the local law is revived in its previous form; and\n- (b) any subordinate local law or provision of a subordinate local law, that stopped having effect because the local law was amended or repealed, is revived in its previous form.","sortOrder":46},{"sectionNumber":"sec.31","sectionType":"section","heading":"Local law register","content":"### sec.31 Local law register\n\nA local government must keep a register of its local laws, in the way that is required under a regulation.\nThe public may inspect the register at the local government’s public office.\nThe department’s chief executive must keep a database of all local governments’ local laws and ensure a copy of the database may be viewed by the public on its website.\ns 31 amd 2012 No. 33 s 84\n(sec.31-ssec.1) A local government must keep a register of its local laws, in the way that is required under a regulation.\n(sec.31-ssec.2) The public may inspect the register at the local government’s public office.\n(sec.31-ssec.3) The department’s chief executive must keep a database of all local governments’ local laws and ensure a copy of the database may be viewed by the public on its website.","sortOrder":47},{"sectionNumber":"sec.32","sectionType":"section","heading":"Consolidated versions of local laws","content":"### sec.32 Consolidated versions of local laws\n\nA local government may prepare and adopt a consolidated version of a local law.\nA consolidated version of a local law is a document that accurately combines a local government’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.\nWhen the local government adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary.\nWithin 7 days after the local government adopts the consolidated version of the local law, the local government must give a copy of the consolidated version to the Minister.\n(sec.32-ssec.1) A local government may prepare and adopt a consolidated version of a local law.\n(sec.32-ssec.2) A consolidated version of a local law is a document that accurately combines a local government’s local law, as it was originally made, with all the amendments made to the local law since the local law was originally made.\n(sec.32-ssec.3) When the local government adopts the consolidated version of the local law, the consolidated version is taken to be the local law, in the absence of evidence to the contrary.\n(sec.32-ssec.4) Within 7 days after the local government adopts the consolidated version of the local law, the local government must give a copy of the consolidated version to the Minister.","sortOrder":48},{"sectionNumber":"sec.33","sectionType":"section","heading":null,"content":"### Section sec.33\n\ns 33 om 2012 No. 33 s 85","sortOrder":49},{"sectionNumber":"ch.3-pt.1-div.3","sectionType":"division","heading":"Local laws that can not be made","content":"## Local laws that can not be made","sortOrder":50},{"sectionNumber":"sec.34","sectionType":"section","heading":"What this division is about","content":"### sec.34 What this division is about\n\nThis division specifies the subjects that a local government must not make a local law about.","sortOrder":51},{"sectionNumber":"sec.35","sectionType":"section","heading":"Network connections","content":"### sec.35 Network connections\n\nA local government must not make a local law that regulates network connections.\nA network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.\nA local law, to the extent that it is contrary to this section, has no effect.\n(sec.35-ssec.1) A local government must not make a local law that regulates network connections.\n(sec.35-ssec.2) A network connection is an installation that has the sole purpose of connecting a home or other structure to an existing telecommunications network.\n(sec.35-ssec.3) A local law, to the extent that it is contrary to this section, has no effect.","sortOrder":52},{"sectionNumber":"sec.36","sectionType":"section","heading":"Election advertising","content":"### sec.36 Election advertising\n\nA local government must not make a local law that—\nprohibits or regulates the distribution of how-to-vote cards; or\nprohibits the placement of election signs or posters.\nA how-to-vote card includes a how-to-vote card under the Electoral Act .\nAn election sign or poster is a sign or poster that is able, or is intended, to—\ninfluence a person about voting at any government election; or\naffect the result of any government election.\nA government election is an election for a local, State or Commonwealth government.\nA local law, to the extent that it is contrary to this section, has no effect.\ns 36 amd 2011 No. 27 s 266\n(sec.36-ssec.1) A local government must not make a local law that— prohibits or regulates the distribution of how-to-vote cards; or prohibits the placement of election signs or posters.\n(sec.36-ssec.2) A how-to-vote card includes a how-to-vote card under the Electoral Act .\n(sec.36-ssec.3) An election sign or poster is a sign or poster that is able, or is intended, to— influence a person about voting at any government election; or affect the result of any government election.\n(sec.36-ssec.4) A government election is an election for a local, State or Commonwealth government.\n(sec.36-ssec.5) A local law, to the extent that it is contrary to this section, has no effect.\n- (a) prohibits or regulates the distribution of how-to-vote cards; or\n- (b) prohibits the placement of election signs or posters.\n- (a) influence a person about voting at any government election; or\n- (b) affect the result of any government election.","sortOrder":53},{"sectionNumber":"sec.37","sectionType":"section","heading":"Development processes","content":"### sec.37 Development processes\n\nA local government must not make a local law that establishes an alternative development process.\nAn alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act .\nHowever, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time.\nA local law has no effect to the extent that it is contrary to this section.\nThis section does not apply to a local government’s local law about any of the following matters unless the matter is covered by the local government’s planning scheme, the Planning Act or another instrument made under that Act—\nadvertising devices;\ngates and grids;\nroadside dining.\ns 37 amd 2009 No. 36 s 872 sch 2 ; 2012 No. 33 s 86 ; 2013 No. 23 s 151 ; 2016 No. 27 s 311\n(sec.37-ssec.1) A local government must not make a local law that establishes an alternative development process.\n(sec.37-ssec.2) An alternative development process is a process that is similar to or duplicates all or part of the development assessment process under the Planning Act .\n(sec.37-ssec.3) However, if a local law already contains a provision that establishes an alternative development process, the council may amend or repeal the provision at any time.\n(sec.37-ssec.4) A local law has no effect to the extent that it is contrary to this section.\n(sec.37-ssec.5) This section does not apply to a local government’s local law about any of the following matters unless the matter is covered by the local government’s planning scheme, the Planning Act or another instrument made under that Act— advertising devices; gates and grids; roadside dining.\n- (a) advertising devices;\n- (b) gates and grids;\n- (c) roadside dining.","sortOrder":54},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Regulation of sex work","content":"### sec.37A Regulation of sex work\n\nA local government must not make a local law that prohibits or regulates sex work or the conduct of a sex work business.\nA local law has no effect to the extent that it is contrary to this section.\nIn this section—\nsex work means the provision by a person of the following services for payment or reward—\nservices involving the person participating in a sexual activity with another person;\nservices involving the use or display of the person’s body for the sexual arousal or gratification of another person.\nsex work business means a business that provides services that include sex work and includes, for example—\nan escort agency providing services that include sex work; or\na home-based sex work business.\ns 37A ins 2024 No. 23 s 28\n(sec.37A-ssec.1) A local government must not make a local law that prohibits or regulates sex work or the conduct of a sex work business.\n(sec.37A-ssec.2) A local law has no effect to the extent that it is contrary to this section.\n(sec.37A-ssec.3) In this section— sex work means the provision by a person of the following services for payment or reward— services involving the person participating in a sexual activity with another person; services involving the use or display of the person’s body for the sexual arousal or gratification of another person. sex work business means a business that provides services that include sex work and includes, for example— an escort agency providing services that include sex work; or a home-based sex work business.\n- (a) services involving the person participating in a sexual activity with another person;\n- (b) services involving the use or display of the person’s body for the sexual arousal or gratification of another person.\n- (a) an escort agency providing services that include sex work; or\n- (b) a home-based sex work business.","sortOrder":55},{"sectionNumber":"sec.38","sectionType":"section","heading":"Anti-competitive provisions","content":"### sec.38 Anti-competitive provisions\n\nA local government must not make a local law that contains an anti-competitive provision unless the local government has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.\nA local law, to the extent that it is contrary to this section, has no effect.\nThis section does not apply to an interim local law.\ns 38 amd 2010 No. 23 s 279\n(sec.38-ssec.1) A local government must not make a local law that contains an anti-competitive provision unless the local government has complied with the procedures prescribed under a regulation for the review of anti-competitive provisions.\n(sec.38-ssec.2) A local law, to the extent that it is contrary to this section, has no effect.\n(sec.38-ssec.3) This section does not apply to an interim local law.","sortOrder":56},{"sectionNumber":"sec.38AA","sectionType":"section","heading":"Swimming pool safety","content":"### sec.38AA Swimming pool safety\n\nA local government must not make a local law that regulates—\nthe construction or maintenance of barriers for a regulated pool; or\na matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act , section 231D (1) , definition pool safety standard , paragraph (b) .\nIf a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1) , the local government—\nmust not amend the provision after the commencement; and\nmust repeal the provision by 1 January 2017.\nA local law, to the extent that it is contrary to this section, has no effect.\nIn this section—\nbarriers , for a regulated pool, includes any of the following—\nthe fencing for the pool;\nthe walls of a building enclosing the pool;\nanother form of barrier mentioned or provided for in the pool safety standard under the Building Act .\ns 38AA (prev s 38A) ins 2010 No. 35 s 39\nrenum 2011 No. 8 s 60\n(sec.38AA-ssec.1) A local government must not make a local law that regulates— the construction or maintenance of barriers for a regulated pool; or a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act , section 231D (1) , definition pool safety standard , paragraph (b) .\n(sec.38AA-ssec.2) If a local law that is in force before the commencement of this section contains a provision that regulates a matter mentioned in subsection (1) , the local government— must not amend the provision after the commencement; and must repeal the provision by 1 January 2017.\n(sec.38AA-ssec.3) A local law, to the extent that it is contrary to this section, has no effect.\n(sec.38AA-ssec.4) In this section— barriers , for a regulated pool, includes any of the following— the fencing for the pool; the walls of a building enclosing the pool; another form of barrier mentioned or provided for in the pool safety standard under the Building Act .\n- (a) the construction or maintenance of barriers for a regulated pool; or\n- (b) a matter for ensuring the safety of persons using a regulated pool and prescribed under the Building Act , section 231D (1) , definition pool safety standard , paragraph (b) .\n- (a) must not amend the provision after the commencement; and\n- (b) must repeal the provision by 1 January 2017.\n- (a) the fencing for the pool;\n- (b) the walls of a building enclosing the pool;\n- (c) another form of barrier mentioned or provided for in the pool safety standard under the Building Act .","sortOrder":57},{"sectionNumber":"ch.3-pt.1-div.4","sectionType":"division","heading":"Action by the Minister about particular local laws","content":"## Action by the Minister about particular local laws","sortOrder":58},{"sectionNumber":"sec.38AB","sectionType":"section","heading":"Suspending or revoking particular local laws","content":"### sec.38AB Suspending or revoking particular local laws\n\nThis section applies if the Minister reasonably believes a local law—\nis contrary to any other law; or\nis inconsistent with the local government principles; or\ndoes not satisfactorily deal with the overall State interest.\nThe Minister, by gazette notice, may—\nsuspend the local law, for a stated period or indefinitely; or\nrevoke the local law.\nThe gazette notice must state—\nhow the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and\nif the local law has been suspended—how the local law may be amended so that it—\nis no longer contrary to the other law; or\nis no longer inconsistent with the local government principles; or\nsatisfactorily deals with the overall State interest.\nIf the Minister suspends a local law, the local law stops having effect for the period stated in the gazette notice.\nIf the Minister revokes the local law—\nthe local law stops having effect on the day stated in the gazette notice; or\nif no day is stated in the gazette notice—the local law is taken to never have had effect.\nThe State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.\nA decision of the Minister under this section is not subject to appeal.\nSee section 244 for more information.\ns 38AB ins 2012 No. 33 s 88\n(sec.38AB-ssec.1) This section applies if the Minister reasonably believes a local law— is contrary to any other law; or is inconsistent with the local government principles; or does not satisfactorily deal with the overall State interest.\n(sec.38AB-ssec.2) The Minister, by gazette notice, may— suspend the local law, for a stated period or indefinitely; or revoke the local law.\n(sec.38AB-ssec.3) The gazette notice must state— how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and if the local law has been suspended—how the local law may be amended so that it— is no longer contrary to the other law; or is no longer inconsistent with the local government principles; or satisfactorily deals with the overall State interest.\n(sec.38AB-ssec.4) If the Minister suspends a local law, the local law stops having effect for the period stated in the gazette notice.\n(sec.38AB-ssec.5) If the Minister revokes the local law— the local law stops having effect on the day stated in the gazette notice; or if no day is stated in the gazette notice—the local law is taken to never have had effect.\n(sec.38AB-ssec.6) The State is not liable for any loss or expense incurred by a person because a local law is suspended or revoked under this section.\n(sec.38AB-ssec.7) A decision of the Minister under this section is not subject to appeal. See section 244 for more information.\n- (a) is contrary to any other law; or\n- (b) is inconsistent with the local government principles; or\n- (c) does not satisfactorily deal with the overall State interest.\n- (a) suspend the local law, for a stated period or indefinitely; or\n- (b) revoke the local law.\n- (a) how the local law is contrary to another law, is inconsistent with the local government principles or does not satisfactorily deal with the overall State interest; and\n- (b) if the local law has been suspended—how the local law may be amended so that it— (i) is no longer contrary to the other law; or (ii) is no longer inconsistent with the local government principles; or (iii) satisfactorily deals with the overall State interest.\n- (i) is no longer contrary to the other law; or\n- (ii) is no longer inconsistent with the local government principles; or\n- (iii) satisfactorily deals with the overall State interest.\n- (i) is no longer contrary to the other law; or\n- (ii) is no longer inconsistent with the local government principles; or\n- (iii) satisfactorily deals with the overall State interest.\n- (a) the local law stops having effect on the day stated in the gazette notice; or\n- (b) if no day is stated in the gazette notice—the local law is taken to never have had effect.","sortOrder":59},{"sectionNumber":"ch.3-pt.1-div.5","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":60},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Local law about seizing and disposing of personal property","content":"### sec.38A Local law about seizing and disposing of personal property\n\nThis section applies if—\na local government has made a local law about seizing and disposing of personal property; and\npersonal property is seized under the local law.\nIf the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order—\nin payment of the reasonable expenses incurred in selling or disposing of the property;\nin payment of the prescribed fee for seizing and holding the property;\nif there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\nthe balance to the owner of the property.\nA secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2) (a) or (b) .\nIn this section—\npersonal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\nsecured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\ns 38A ins 2010 No. 44 s 166\n(sec.38A-ssec.1) This section applies if— a local government has made a local law about seizing and disposing of personal property; and personal property is seized under the local law.\n(sec.38A-ssec.2) If the personal property is sold or disposed of, the proceeds of sale or disposal must be applied in the following order— in payment of the reasonable expenses incurred in selling or disposing of the property; in payment of the prescribed fee for seizing and holding the property; if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest; the balance to the owner of the property.\n(sec.38A-ssec.3) A secured party can not enforce any security interest in the proceeds of sale or disposal against an entity to whom an amount is payable under subsection (2) (a) or (b) .\n(sec.38A-ssec.4) In this section— personal property has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 . secured party has the meaning given by the Personal Property Securities Act 2009 (Cwlth) , section 10 .\n- (a) a local government has made a local law about seizing and disposing of personal property; and\n- (b) personal property is seized under the local law.\n- (a) in payment of the reasonable expenses incurred in selling or disposing of the property;\n- (b) in payment of the prescribed fee for seizing and holding the property;\n- (c) if there is an amount owing to an entity under a security interest registered for the property under the Personal Property Securities Act 2009 (Cwlth) —in payment of the amount owing under the security interest;\n- (d) the balance to the owner of the property.","sortOrder":61},{"sectionNumber":"sec.38B","sectionType":"section","heading":"Owners’ liability for party houses","content":"### sec.38B Owners’ liability for party houses\n\nA local government may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.\nThe owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease.\nA residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence.\nTo remove any doubt, it is declared that—\nthe local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and\na property is not precluded from being a residential property merely because the property is rented on a short-term basis.\nIn a proceeding about a contravention of the local law—\na noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and\na copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.\nA noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581 (3) .\nDespite subsection (5) , a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing.\nThe court may give leave only if the court is satisfied that—\nan irregularity may exist in relation to the information or the giving of the noise abatement direction; or\nit is in the interests of justice that the person be called to give evidence.\nThe chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in the local government area.\nThe police commissioner must comply with the request.\ns 38B ins 2012 No. 33 s 89\n(sec.38B-ssec.1) A local government may make a local law that makes the owner of a residential property liable to a penalty because of excessive noise regularly emitted from the property.\n(sec.38B-ssec.2) The owner of a residential property includes a tenant if the tenant has a right of exclusive occupation of the property under a lease.\n(sec.38B-ssec.3) A residential property is a property of a type that would ordinarily be used, or is intended to be used, as a place of residence or mainly as a place of residence.\n(sec.38B-ssec.4) To remove any doubt, it is declared that— the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and a property is not precluded from being a residential property merely because the property is rented on a short-term basis.\n(sec.38B-ssec.5) In a proceeding about a contravention of the local law— a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.\n(sec.38B-ssec.6) A noise abatement direction is a direction given to a person by a police officer under the Police Powers and Responsibilities Act 2000 , section 581 (3) .\n(sec.38B-ssec.7) Despite subsection (5) , a defendant may, with the leave of the court, require the prosecution to call any person involved in the giving of the noise abatement direction to give evidence at the hearing.\n(sec.38B-ssec.8) The court may give leave only if the court is satisfied that— an irregularity may exist in relation to the information or the giving of the noise abatement direction; or it is in the interests of justice that the person be called to give evidence.\n(sec.38B-ssec.9) The chief executive officer may ask the police commissioner to give the chief executive officer information about noise abatement directions given to persons in the local government area.\n(sec.38B-ssec.10) The police commissioner must comply with the request.\n- (a) the local law may fix the number of times that excessive noise must be emitted from a property before the owner becomes liable to the penalty; and\n- (b) a property is not precluded from being a residential property merely because the property is rented on a short-term basis.\n- (a) a noise abatement direction given to a person at a property is evidence of excessive noise being emitted from the property; and\n- (b) a copy of information recorded in the register of enforcement acts under the Police Powers and Responsibilities Act 2000 about the giving of a noise abatement direction is evidence of the matters stated in it.\n- (a) an irregularity may exist in relation to the information or the giving of the noise abatement direction; or\n- (b) it is in the interests of justice that the person be called to give evidence.","sortOrder":62},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Beneficial enterprises and business activities","content":"# Beneficial enterprises and business activities","sortOrder":63},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Beneficial enterprises","content":"## Beneficial enterprises","sortOrder":64},{"sectionNumber":"sec.39","sectionType":"section","heading":"What this division is about","content":"### sec.39 What this division is about\n\nThis division is about beneficial enterprises that are conducted by a local government.\nThis division does not apply to a business unit of a local government.\nA beneficial enterprise is an enterprise that a local government considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of its local government area.\nA local government is conducting a beneficial enterprise if the local government is engaging in, or helping, the beneficial enterprise.\n(sec.39-ssec.1) This division is about beneficial enterprises that are conducted by a local government.\n(sec.39-ssec.2) This division does not apply to a business unit of a local government.\n(sec.39-ssec.3) A beneficial enterprise is an enterprise that a local government considers is directed to benefiting, and can reasonably be expected to benefit, the whole or part of its local government area.\n(sec.39-ssec.4) A local government is conducting a beneficial enterprise if the local government is engaging in, or helping, the beneficial enterprise.","sortOrder":65},{"sectionNumber":"sec.40","sectionType":"section","heading":"Conducting beneficial enterprises","content":"### sec.40 Conducting beneficial enterprises\n\nA local government may conduct a beneficial enterprise.\nTo conduct the beneficial enterprise, the local government—\nmay participate with an association, other than by being an unlimited partner of a partnership; and\nmust not, either directly or by participating with an association, participate with an unlimited corporation; and\nmust not enter into an agreement that does not limit the liability of the local government, as between the parties to the agreement, to the amount committed by the local government under the agreement.\nUnder the Statutory Bodies Financial Arrangements Act 1982 , a local government may need the Treasurer’s approval before entering into particular financial arrangements.\nAn association is—\na partnership; or\na corporation limited by shares but not listed on a stock exchange; or\na corporation limited by guarantee but not listed on a stock exchange; or\nanother association of persons that is not a corporation.\nAn unlimited corporation means a corporation whose members have no limit placed on their liability.\nA local government participates with an association or unlimited corporation if the local government—\nforms, or takes part in forming, an association or unlimited corporation; or\nbecomes a member of an association or unlimited corporation; or\ntakes part in the management of an association or unlimited corporation; or\nacquires or disposes of shares, debentures or securities of an association or unlimited corporation.\ns 40 amd 2010 No. 23 s 281\nsub 2012 No. 33 s 90\n(sec.40-ssec.1) A local government may conduct a beneficial enterprise.\n(sec.40-ssec.2) To conduct the beneficial enterprise, the local government— may participate with an association, other than by being an unlimited partner of a partnership; and must not, either directly or by participating with an association, participate with an unlimited corporation; and must not enter into an agreement that does not limit the liability of the local government, as between the parties to the agreement, to the amount committed by the local government under the agreement. Under the Statutory Bodies Financial Arrangements Act 1982 , a local government may need the Treasurer’s approval before entering into particular financial arrangements.\n(sec.40-ssec.3) An association is— a partnership; or a corporation limited by shares but not listed on a stock exchange; or a corporation limited by guarantee but not listed on a stock exchange; or another association of persons that is not a corporation.\n(sec.40-ssec.4) An unlimited corporation means a corporation whose members have no limit placed on their liability.\n(sec.40-ssec.5) A local government participates with an association or unlimited corporation if the local government— forms, or takes part in forming, an association or unlimited corporation; or becomes a member of an association or unlimited corporation; or takes part in the management of an association or unlimited corporation; or acquires or disposes of shares, debentures or securities of an association or unlimited corporation.\n- (a) may participate with an association, other than by being an unlimited partner of a partnership; and\n- (b) must not, either directly or by participating with an association, participate with an unlimited corporation; and\n- (c) must not enter into an agreement that does not limit the liability of the local government, as between the parties to the agreement, to the amount committed by the local government under the agreement.\n- (a) a partnership; or\n- (b) a corporation limited by shares but not listed on a stock exchange; or\n- (c) a corporation limited by guarantee but not listed on a stock exchange; or\n- (d) another association of persons that is not a corporation.\n- (a) forms, or takes part in forming, an association or unlimited corporation; or\n- (b) becomes a member of an association or unlimited corporation; or\n- (c) takes part in the management of an association or unlimited corporation; or\n- (d) acquires or disposes of shares, debentures or securities of an association or unlimited corporation.","sortOrder":66},{"sectionNumber":"sec.41","sectionType":"section","heading":"Identifying beneficial enterprises","content":"### sec.41 Identifying beneficial enterprises\n\nA local government’s annual report for each financial year must contain a list of all the beneficial enterprises that the local government conducted during the financial year.\ns 41 sub 2012 No. 33 s 91","sortOrder":67},{"sectionNumber":"sec.42","sectionType":"section","heading":null,"content":"### Section sec.42\n\ns 42 om 2012 No. 33 s 92","sortOrder":68},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Business reform, including competitive neutrality","content":"## Business reform, including competitive neutrality","sortOrder":69},{"sectionNumber":"sec.43","sectionType":"section","heading":"What this division is about","content":"### sec.43 What this division is about\n\nThis division is about the application of the National Competition Policy Agreements in relation to the significant business activities of a local government.\nThis includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation.\nUnder the competitive neutrality principle , an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector.\nA significant business activity is a business activity of a local government that—\nis conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and\nmeets the threshold prescribed under a regulation.\nHowever, a significant business activity does not include a business activity that is—\na building certifying activity; or\na roads activity; or\nrelated to the provision of library services.\nA building certifying activity or roads activity is dealt with under section 47 .\n(sec.43-ssec.1) This division is about the application of the National Competition Policy Agreements in relation to the significant business activities of a local government.\n(sec.43-ssec.2) This includes the application of the competitive neutrality principle if, in the circumstances, the public benefit (in terms of service quality and cost) outweighs the costs of implementation.\n(sec.43-ssec.3) Under the competitive neutrality principle , an entity that is conducting a business activity in competition with the private sector should not enjoy a net advantage over competitors only because the entity is in the public sector.\n(sec.43-ssec.4) A significant business activity is a business activity of a local government that— is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and meets the threshold prescribed under a regulation.\n(sec.43-ssec.5) However, a significant business activity does not include a business activity that is— a building certifying activity; or a roads activity; or related to the provision of library services. A building certifying activity or roads activity is dealt with under section 47 .\n- (a) is conducted in competition, or potential competition, with the private sector (including off-street parking, quarries, sporting facilities, for example); and\n- (b) meets the threshold prescribed under a regulation.\n- (a) a building certifying activity; or\n- (b) a roads activity; or\n- (c) related to the provision of library services.","sortOrder":70},{"sectionNumber":"sec.44","sectionType":"section","heading":"Ways to apply the competitive neutrality principle","content":"### sec.44 Ways to apply the competitive neutrality principle\n\nThe competitive neutrality principle may be applied by—\ncommercialisation of a significant business activity; or\nfull cost pricing of a significant business activity.\nCommercialisation involves creating a new business unit, that is part of the local government, to conduct the significant business activity on a commercial basis.\nFull cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit.\nA regulation may provide for—\nmatters relating to commercialisation or full cost pricing; or\nany other matter relating to the application of the competitive neutrality principle to the significant business activities of a local government.\ns 44 amd 2012 No. 33 s 93\n(sec.44-ssec.1) The competitive neutrality principle may be applied by— commercialisation of a significant business activity; or full cost pricing of a significant business activity.\n(sec.44-ssec.2) Commercialisation involves creating a new business unit, that is part of the local government, to conduct the significant business activity on a commercial basis.\n(sec.44-ssec.3) Full cost pricing involves pricing the significant business activity on a commercial basis, but without creating a new business unit.\n(sec.44-ssec.4) A regulation may provide for— matters relating to commercialisation or full cost pricing; or any other matter relating to the application of the competitive neutrality principle to the significant business activities of a local government.\n- (a) commercialisation of a significant business activity; or\n- (b) full cost pricing of a significant business activity.\n- (a) matters relating to commercialisation or full cost pricing; or\n- (b) any other matter relating to the application of the competitive neutrality principle to the significant business activities of a local government.","sortOrder":71},{"sectionNumber":"sec.45","sectionType":"section","heading":"Identifying significant business activities","content":"### sec.45 Identifying significant business activities\n\nA local government’s annual report for each financial year must—\ncontain a list of all the business activities that the local government conducted during the financial year; and\nidentify the business activities that are significant business activities; and\nstate whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and\nstate whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities.\ns 45 amd 2010 No. 23 s 282\n- (a) contain a list of all the business activities that the local government conducted during the financial year; and\n- (b) identify the business activities that are significant business activities; and\n- (c) state whether or not the competitive neutrality principle was applied to the significant business activities, and if the principle was not applied, the reason why it was not applied; and\n- (d) state whether any of the significant business activities were not conducted in the preceding financial year, i.e. whether there are any new significant business activities.","sortOrder":72},{"sectionNumber":"sec.46","sectionType":"section","heading":"Assessing public benefit","content":"### sec.46 Assessing public benefit\n\nThis section applies to a new significant business activity that is identified in the annual report of a local government.\nThe local government must conduct a public benefit assessment of the new significant business activity.\nA public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.\nThe local government must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.\nThe local government must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.\nAt a meeting of the local government, the local government must—\nconsider the report; and\ndecide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.\nAny resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.\nIf the local government decides not to apply the competitive neutrality principle in relation to the significant business activity, the local government must, within 3 years after making the decision—\nconduct another public benefit assessment of the significant business activity; and\nrepeat the process relating to a report on the public benefit assessment.\ns 46 amd 2026 No. 5 s 51\n(sec.46-ssec.1) This section applies to a new significant business activity that is identified in the annual report of a local government.\n(sec.46-ssec.2) The local government must conduct a public benefit assessment of the new significant business activity.\n(sec.46-ssec.3) A public benefit assessment is an assessment of whether the benefit to the public (in terms of service quality and cost) of applying the competitive neutrality principle in relation to a significant business activity outweighs the costs of applying the competitive neutrality principle.\n(sec.46-ssec.4) The local government must conduct the public benefit assessment before the end of the financial year in which the significant business activity is first identified in the annual report.\n(sec.46-ssec.5) The local government must prepare a report on the public benefit assessment that contains its recommendations about the application of the competitive neutrality principle in relation to the significant business activity.\n(sec.46-ssec.6) At a meeting of the local government, the local government must— consider the report; and decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.\n(sec.46-ssec.7) Any resolution that the competitive neutrality principle should not be applied must include a statement of the reasons why it should not be applied.\n(sec.46-ssec.8) If the local government decides not to apply the competitive neutrality principle in relation to the significant business activity, the local government must, within 3 years after making the decision— conduct another public benefit assessment of the significant business activity; and repeat the process relating to a report on the public benefit assessment.\n- (a) consider the report; and\n- (b) decide, by resolution, whether or not to apply the competitive neutrality principle in relation to the significant business activity.\n- (a) conduct another public benefit assessment of the significant business activity; and\n- (b) repeat the process relating to a report on the public benefit assessment.","sortOrder":73},{"sectionNumber":"sec.47","sectionType":"section","heading":"Code of competitive conduct","content":"### sec.47 Code of competitive conduct\n\nThis section is about the code of competitive conduct.\nThe code of competitive conduct is the code of competitive conduct prescribed under a regulation.\nA local government must apply the code of competitive conduct to the conduct of the following business activities of the local government—\na building certifying activity;\na roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.\nA building certifying activity is a business activity that—\ninvolves performing building certifying functions (within the meaning of the Building Act , section 10 ); and\nis prescribed under a regulation.\nA roads activity is a business activity (other than a business activity prescribed under a regulation) that involves—\nconstructing or maintaining a State-controlled road, that the State put out to competitive tender; or\nsubmitting a competitive tender in relation to—\nconstructing or maintaining a road in the local government area, that the local government put out to competitive tender; or\nconstructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\nThe local government must start to apply the code of competitive conduct—\nfor a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or\nfor a roads activity—from when the roads activity is first conducted.\nA local government must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.\nIf the local government decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.\nSubsection (7) does not prevent the local government from applying the code of competitive conduct to any other business activities.\ns 47 amd 2010 No. 23 s 283 ; 2013 No. 60 s 33 sch 1\n(sec.47-ssec.1) This section is about the code of competitive conduct.\n(sec.47-ssec.2) The code of competitive conduct is the code of competitive conduct prescribed under a regulation.\n(sec.47-ssec.3) A local government must apply the code of competitive conduct to the conduct of the following business activities of the local government— a building certifying activity; a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.\n(sec.47-ssec.4) A building certifying activity is a business activity that— involves performing building certifying functions (within the meaning of the Building Act , section 10 ); and is prescribed under a regulation.\n(sec.47-ssec.5) A roads activity is a business activity (other than a business activity prescribed under a regulation) that involves— constructing or maintaining a State-controlled road, that the State put out to competitive tender; or submitting a competitive tender in relation to— constructing or maintaining a road in the local government area, that the local government put out to competitive tender; or constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n(sec.47-ssec.6) The local government must start to apply the code of competitive conduct— for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or for a roads activity—from when the roads activity is first conducted.\n(sec.47-ssec.7) A local government must decide each financial year, by resolution, whether or not to apply the code of competitive conduct to a business activity prescribed under a regulation.\n(sec.47-ssec.8) If the local government decides not to apply the code of competitive conduct to the business activity, the resolution must state reasons for not doing so.\n(sec.47-ssec.9) Subsection (7) does not prevent the local government from applying the code of competitive conduct to any other business activities.\n- (a) a building certifying activity;\n- (b) a roads activity, other than a roads activity for which business is conducted only through a sole supplier arrangement.\n- (a) involves performing building certifying functions (within the meaning of the Building Act , section 10 ); and\n- (b) is prescribed under a regulation.\n- (a) constructing or maintaining a State-controlled road, that the State put out to competitive tender; or\n- (b) submitting a competitive tender in relation to— (i) constructing or maintaining a road in the local government area, that the local government put out to competitive tender; or (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n- (i) constructing or maintaining a road in the local government area, that the local government put out to competitive tender; or\n- (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n- (i) constructing or maintaining a road in the local government area, that the local government put out to competitive tender; or\n- (ii) constructing or maintaining a road in another local government area, that the other local government put out to competitive tender.\n- (a) for a building certifying activity—from the start of the financial year after the financial year in which the building certifying activity is first conducted; or\n- (b) for a roads activity—from when the roads activity is first conducted.","sortOrder":74},{"sectionNumber":"sec.48","sectionType":"section","heading":"Competitive neutrality complaints","content":"### sec.48 Competitive neutrality complaints\n\nA local government must adopt a process for resolving competitive neutrality complaints.\nA competitive neutrality complaint is a complaint that—\nrelates to the failure of a local government to conduct a business activity in accordance with the competitive neutrality principle; and\nis made by an affected person.\nAn affected person is—\na person who—\ncompetes with the local government in relation to the business activity; and\nclaims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or\na person who—\nwants to compete with the local government in relation to the business activity; and\nclaims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government.\nA regulation may provide for the process for resolving competitive neutrality complaints.\nA local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.\ns 48 amd 2010 No. 23 s 284\n(sec.48-ssec.1) A local government must adopt a process for resolving competitive neutrality complaints.\n(sec.48-ssec.2) A competitive neutrality complaint is a complaint that— relates to the failure of a local government to conduct a business activity in accordance with the competitive neutrality principle; and is made by an affected person.\n(sec.48-ssec.3) An affected person is— a person who— competes with the local government in relation to the business activity; and claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or a person who— wants to compete with the local government in relation to the business activity; and claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government.\n(sec.48-ssec.4) A regulation may provide for the process for resolving competitive neutrality complaints.\n(sec.48-ssec.5) A local government does not have to resolve a competitive neutrality complaint relating to a business activity prescribed under a regulation.\n- (a) relates to the failure of a local government to conduct a business activity in accordance with the competitive neutrality principle; and\n- (b) is made by an affected person.\n- (a) a person who— (i) competes with the local government in relation to the business activity; and (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or\n- (i) competes with the local government in relation to the business activity; and\n- (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or\n- (b) a person who— (i) wants to compete with the local government in relation to the business activity; and (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government.\n- (i) wants to compete with the local government in relation to the business activity; and\n- (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government.\n- (i) competes with the local government in relation to the business activity; and\n- (ii) claims to be adversely affected by a competitive advantage that the person alleges is enjoyed by the local government; or\n- (i) wants to compete with the local government in relation to the business activity; and\n- (ii) claims to be hindered from doing so by a competitive advantage that the person alleges is enjoyed by the local government.","sortOrder":75},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":76},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 om 2012 No. 33 s 94","sortOrder":77},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 om 2012 No. 33 s 94","sortOrder":78},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 om 2012 No. 33 s 94","sortOrder":79},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 amd 2010 No. 23 s 285\nom 2012 No. 33 s 94","sortOrder":80},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 om 2012 No. 33 s 94","sortOrder":81},{"sectionNumber":"sec.54","sectionType":"section","heading":null,"content":"### Section sec.54\n\ns 54 om 2012 No. 33 s 94","sortOrder":82},{"sectionNumber":"sec.55","sectionType":"section","heading":null,"content":"### Section sec.55\n\ns 55 om 2012 No. 33 s 94","sortOrder":83},{"sectionNumber":"sec.56","sectionType":"section","heading":null,"content":"### Section sec.56\n\ns 56 om 2012 No. 33 s 94","sortOrder":84},{"sectionNumber":"sec.57","sectionType":"section","heading":null,"content":"### Section sec.57\n\ns 57 om 2012 No. 33 s 94","sortOrder":85},{"sectionNumber":"sec.58","sectionType":"section","heading":null,"content":"### Section sec.58\n\ns 58 om 2012 No. 33 s 94","sortOrder":86},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":87},{"sectionNumber":"sec.58A","sectionType":"section","heading":null,"content":"### Section sec.58A\n\ns 58A ins 2010 No. 23 s 286\nom 2012 No. 33 s 94","sortOrder":88},{"sectionNumber":"sec.58B","sectionType":"section","heading":null,"content":"### Section sec.58B\n\ns 58B ins 2010 No. 23 s 286\nom 2012 No. 33 s 94","sortOrder":89},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Roads and other infrastructure","content":"# Roads and other infrastructure","sortOrder":90},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Roads","content":"## Roads","sortOrder":91},{"sectionNumber":"sec.59","sectionType":"section","heading":"What this division is about","content":"### sec.59 What this division is about\n\nThis division is about roads.\nA road is—\nan area of land that is dedicated to public use as a road; or\nan area of land that—\nis developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and\nis open to, or used by, the public; or\na footpath or bicycle path; or\na bridge, culvert, ford, tunnel or viaduct.\nHowever, a road does not include—\na State-controlled road; or\na public thoroughfare easement.\ns 59 amd 2010 No. 23 s 287\n(sec.59-ssec.1) This division is about roads.\n(sec.59-ssec.2) A road is— an area of land that is dedicated to public use as a road; or an area of land that— is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and is open to, or used by, the public; or a footpath or bicycle path; or a bridge, culvert, ford, tunnel or viaduct.\n(sec.59-ssec.3) However, a road does not include— a State-controlled road; or a public thoroughfare easement.\n- (a) an area of land that is dedicated to public use as a road; or\n- (b) an area of land that— (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and (ii) is open to, or used by, the public; or\n- (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and\n- (ii) is open to, or used by, the public; or\n- (c) a footpath or bicycle path; or\n- (d) a bridge, culvert, ford, tunnel or viaduct.\n- (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and\n- (ii) is open to, or used by, the public; or\n- (a) a State-controlled road; or\n- (b) a public thoroughfare easement.","sortOrder":92},{"sectionNumber":"sec.60","sectionType":"section","heading":"Control of roads","content":"### sec.60 Control of roads\n\nA local government has control of all roads in its local government area.\nThis control includes being able to—\nsurvey and resurvey roads; and\nconstruct, maintain and improve roads; and\napprove the naming and numbering of private roads; and\nname and number other roads; and\nmake a local law to regulate the use of roads, including—\nthe movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and\nthe parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and\nby imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\nmake a local law to regulate the construction, maintenance and use of—\npublic utilities along, in, over or under roads; and\nancillary works and encroachments along, in, over or under roads; and\nrealign a road in order to widen the road; and\nacquire land for use as a road.\nNothing in subsection (1) makes a local government liable for the construction, maintenance or improvement of a private road.\nA private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.\ns 60 amd 2012 No. 33 s 95\n(sec.60-ssec.1) A local government has control of all roads in its local government area.\n(sec.60-ssec.2) This control includes being able to— survey and resurvey roads; and construct, maintain and improve roads; and approve the naming and numbering of private roads; and name and number other roads; and make a local law to regulate the use of roads, including— the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and make a local law to regulate the construction, maintenance and use of— public utilities along, in, over or under roads; and ancillary works and encroachments along, in, over or under roads; and realign a road in order to widen the road; and acquire land for use as a road.\n(sec.60-ssec.3) Nothing in subsection (1) makes a local government liable for the construction, maintenance or improvement of a private road.\n(sec.60-ssec.4) A private road is a road over land that is owned by a person who may lawfully exclude other persons from using the road.\n- (a) survey and resurvey roads; and\n- (b) construct, maintain and improve roads; and\n- (c) approve the naming and numbering of private roads; and\n- (d) name and number other roads; and\n- (e) make a local law to regulate the use of roads, including— (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\n- (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and\n- (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and\n- (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\n- (f) make a local law to regulate the construction, maintenance and use of— (i) public utilities along, in, over or under roads; and (ii) ancillary works and encroachments along, in, over or under roads; and\n- (i) public utilities along, in, over or under roads; and\n- (ii) ancillary works and encroachments along, in, over or under roads; and\n- (g) realign a road in order to widen the road; and\n- (h) acquire land for use as a road.\n- (i) the movement of traffic on roads, subject to the Transport Operations (Road Use Management) Act 1995 ; and\n- (ii) the parking of vehicles on roads, subject to the Transport Operations (Road Use Management) Act 1995 (including the maximum time that a vehicle may be parked in a designated rest area that adjoins a road, for example); and\n- (iii) by imposing obligations on the owner of land that adjoins a road (including an obligation to fence the land to prevent animals going on the road, for example); and\n- (i) public utilities along, in, over or under roads; and\n- (ii) ancillary works and encroachments along, in, over or under roads; and","sortOrder":93},{"sectionNumber":"sec.61","sectionType":"section","heading":"Notice of intention to acquire land to widen a road","content":"### sec.61 Notice of intention to acquire land to widen a road\n\nIf a local government wants to acquire land in order to widen a road, the local government must give the owner of the land a notice of intention to acquire land.\nA notice of intention to acquire land informs the owner in general terms of this section and section 62 .\nHowever, a local government can not, without the consent of the Planning and Environment Court, serve notice of intention to acquire land on an owner of land after the owner has applied to the local government—\nfor approval to subdivide the land; or\nfor approval, consent or permission—\nto erect or use a structure on the land; or\nto use the land for any other purpose.\nThe court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the local government to make, in good faith, a reasonable widening of the road.\nAfter a local government gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the local government’s permission.\nThe local government must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.\nThe registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.\ns 61 amd 2012 No. 33 s 96\n(sec.61-ssec.1) If a local government wants to acquire land in order to widen a road, the local government must give the owner of the land a notice of intention to acquire land.\n(sec.61-ssec.2) A notice of intention to acquire land informs the owner in general terms of this section and section 62 .\n(sec.61-ssec.3) However, a local government can not, without the consent of the Planning and Environment Court, serve notice of intention to acquire land on an owner of land after the owner has applied to the local government— for approval to subdivide the land; or for approval, consent or permission— to erect or use a structure on the land; or to use the land for any other purpose.\n(sec.61-ssec.4) The court may consent to the notice of intention to acquire land being served only if the court is satisfied that the purpose of the notice is to enable the local government to make, in good faith, a reasonable widening of the road.\n(sec.61-ssec.5) After a local government gives an owner a notice of intention to acquire land, the owner must not erect, place, re-erect, replace or repair any structure, or part of a structure, on the land without the local government’s permission.\n(sec.61-ssec.6) The local government must lodge a copy of a notice of intention to acquire land with the registrar of titles for registration on the instrument of title to the land.\n(sec.61-ssec.7) The registrar of titles may register the notice of intention to acquire land even if the instrument of title is not produced.\n- (a) for approval to subdivide the land; or\n- (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.\n- (i) to erect or use a structure on the land; or\n- (ii) to use the land for any other purpose.\n- (i) to erect or use a structure on the land; or\n- (ii) to use the land for any other purpose.","sortOrder":94},{"sectionNumber":"sec.62","sectionType":"section","heading":"Compensation for a notice of intention to acquire land","content":"### sec.62 Compensation for a notice of intention to acquire land\n\nThis section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land.\nThe person is entitled to compensation from the local government for injurious affection to the person’s interest in the land because of the notice of intention to acquire land.\nHowever, the compensation is not payable until—\nthe land is sold for the first time after the notice of intention to acquire land was served; or\nafter being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.\nThe compensation must be assessed in accordance with the following principles—\nthe amount of compensation must represent the difference between—\nthe market value of the interest in the land immediately after service of the notice of intention to acquire land; and\nwhat would be the market value of the interest in the land, at that time, if the notice had not been served;\nany benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account;\nthe amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.\nA claim for compensation must be made—\nwithin 3 years after the entitlement to compensation arose; and\nto the chief executive officer in the approved form.\nThe claim is taken to have been properly made when the claimant has given the local government all the information that the local government reasonably requires to decide the claim.\nIf, within 30 days after the claim is made, the local government has not given the claimant notice of its decision on the claim, the local government is taken to have refused compensation on the 31st day after the claim is made.\ns 62 amd 2018 No. 8 s 34\n(sec.62-ssec.1) This section applies to a person who is served with a notice of intention to acquire land, if the person would be entitled to claim compensation for the acquisition of land.\n(sec.62-ssec.2) The person is entitled to compensation from the local government for injurious affection to the person’s interest in the land because of the notice of intention to acquire land.\n(sec.62-ssec.3) However, the compensation is not payable until— the land is sold for the first time after the notice of intention to acquire land was served; or after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.\n(sec.62-ssec.4) The compensation must be assessed in accordance with the following principles— the amount of compensation must represent the difference between— the market value of the interest in the land immediately after service of the notice of intention to acquire land; and what would be the market value of the interest in the land, at that time, if the notice had not been served; any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account; the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.\n(sec.62-ssec.5) A claim for compensation must be made— within 3 years after the entitlement to compensation arose; and to the chief executive officer in the approved form.\n(sec.62-ssec.6) The claim is taken to have been properly made when the claimant has given the local government all the information that the local government reasonably requires to decide the claim.\n(sec.62-ssec.7) If, within 30 days after the claim is made, the local government has not given the claimant notice of its decision on the claim, the local government is taken to have refused compensation on the 31st day after the claim is made.\n- (a) the land is sold for the first time after the notice of intention to acquire land was served; or\n- (b) after being served with the notice of intention to acquire land, the owner of the land offers the land for sale in good faith, but can not sell the land for a fair and reasonable price.\n- (a) the amount of compensation must represent the difference between— (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served;\n- (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and\n- (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served;\n- (b) any benefit that may accrue, because of the realignment of the road, to land adjacent to the land that is affected by the realignment of the road, and in which the claimant has an interest, must be taken into account;\n- (c) the amount of compensation must not be increased because the land that is affected by the realignment of the road has, since the service of the notice of intention to acquire land, become or ceased to be separate from other land.\n- (i) the market value of the interest in the land immediately after service of the notice of intention to acquire land; and\n- (ii) what would be the market value of the interest in the land, at that time, if the notice had not been served;\n- (a) within 3 years after the entitlement to compensation arose; and\n- (b) to the chief executive officer in the approved form.","sortOrder":95},{"sectionNumber":"sec.63","sectionType":"section","heading":"Appeal on a claim for compensation","content":"### sec.63 Appeal on a claim for compensation\n\nA person who is aggrieved by the decision of a local government on a claim for compensation may appeal against the decision to the Land Court.\nThe appeal must be started within 30 days after—\nnotice of the decision is given to the claimant; or\nthe decision is taken to have been made.\nHowever, the Land Court may extend the period if satisfied in all the circumstances that it is reasonable to do so.\nIn order to award compensation, the Land Court must be satisfied—\nif the land has been sold—\nthe seller took reasonable steps to obtain a reasonable price for the land; and\nthe seller sold the land in good faith; and\nthe sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or\nif a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.\ns 63 amd 2012 No. 33 s 97\n(sec.63-ssec.1) A person who is aggrieved by the decision of a local government on a claim for compensation may appeal against the decision to the Land Court.\n(sec.63-ssec.2) The appeal must be started within 30 days after— notice of the decision is given to the claimant; or the decision is taken to have been made.\n(sec.63-ssec.3) However, the Land Court may extend the period if satisfied in all the circumstances that it is reasonable to do so.\n(sec.63-ssec.4) In order to award compensation, the Land Court must be satisfied— if the land has been sold— the seller took reasonable steps to obtain a reasonable price for the land; and the seller sold the land in good faith; and the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or if a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.\n- (a) notice of the decision is given to the claimant; or\n- (b) the decision is taken to have been made.\n- (a) if the land has been sold— (i) the seller took reasonable steps to obtain a reasonable price for the land; and (ii) the seller sold the land in good faith; and (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or\n- (i) the seller took reasonable steps to obtain a reasonable price for the land; and\n- (ii) the seller sold the land in good faith; and\n- (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or\n- (b) if a local government refused the owner permission to erect, place, re-erect, replace or repair any structure, or part of a structure, on the land—the permission was applied for in good faith.\n- (i) the seller took reasonable steps to obtain a reasonable price for the land; and\n- (ii) the seller sold the land in good faith; and\n- (iii) the sale price is less than the seller might reasonably have expected to receive had there been no notice of intention to acquire land; or","sortOrder":96},{"sectionNumber":"sec.64","sectionType":"section","heading":"Acquisition of land instead of compensation","content":"### sec.64 Acquisition of land instead of compensation\n\nAfter a notice of intention to acquire land is served, but before the land is sold, the local government may acquire the land instead of paying compensation for injurious affection.\nIf, after a notice of intention to acquire land is served, the land is cleared of all structures—\nthe local government may acquire the land; and\nif required by the owner of the land, the local government must acquire the land.\nThe acquired land must be dedicated for public use as a road within 3 months after its acquisition.\nCompensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition.\n(sec.64-ssec.1) After a notice of intention to acquire land is served, but before the land is sold, the local government may acquire the land instead of paying compensation for injurious affection.\n(sec.64-ssec.2) If, after a notice of intention to acquire land is served, the land is cleared of all structures— the local government may acquire the land; and if required by the owner of the land, the local government must acquire the land.\n(sec.64-ssec.3) The acquired land must be dedicated for public use as a road within 3 months after its acquisition.\n(sec.64-ssec.4) Compensation for the acquisition of the land, if not agreed between the parties, must be assessed as at the date of the acquisition.\n- (a) the local government may acquire the land; and\n- (b) if required by the owner of the land, the local government must acquire the land.","sortOrder":97},{"sectionNumber":"sec.65","sectionType":"section","heading":"What is to happen if a realignment is not carried out","content":"### sec.65 What is to happen if a realignment is not carried out\n\nThis section applies if a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.\nThis section does not apply to a realignment of road that is necessary to comply with the requirements of a local government under a planning scheme in its application to particular developments in the local government area.\nThe local government must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.\nWith regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the local government must—\nfor any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and\nfor any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.\nThe notice of the local government’s decision must inform the owners in general terms of this section and section 66 .\n(sec.65-ssec.1) This section applies if a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land.\n(sec.65-ssec.2) This section does not apply to a realignment of road that is necessary to comply with the requirements of a local government under a planning scheme in its application to particular developments in the local government area.\n(sec.65-ssec.3) The local government must serve notice of its decision not to proceed on all owners of land who were served with a notice of intention to acquire land in connection with that road or part of that road.\n(sec.65-ssec.4) With regard to any of the notices of intention to acquire land that were lodged with the registrar of titles in connection with that road or part of that road, the local government must— for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.\n(sec.65-ssec.5) The notice of the local government’s decision must inform the owners in general terms of this section and section 66 .\n- (a) for any notice of intention to acquire land that has not been registered—withdraw the notice of intention to acquire land; and\n- (b) for any notice of intention to acquire land that has been registered—lodge with the registrar of titles for registration a notice of its decision not to proceed with the realignment of the road, or part of the road.","sortOrder":98},{"sectionNumber":"sec.66","sectionType":"section","heading":"Compensation if realignment not carried out","content":"### sec.66 Compensation if realignment not carried out\n\nThis section applies if—\na local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and\nstructural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.\nThe local government must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.\nThe amount of compensation is the difference between the value of the land before and after the decision.\nIf the local government and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.\nThe provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.\nThe local government’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.\ns 66 amd 2012 No. 33 s 98\n(sec.66-ssec.1) This section applies if— a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.\n(sec.66-ssec.2) The local government must pay the owner of the land reasonable compensation for the decrease in value of the land because of the decision.\n(sec.66-ssec.3) The amount of compensation is the difference between the value of the land before and after the decision.\n(sec.66-ssec.4) If the local government and the owner fail to agree on the amount of compensation, the amount is to be decided by the Land Court.\n(sec.66-ssec.5) The provisions of the Acquisition of Land Act 1967 about the making, hearing and deciding of claims for compensation for land taken under that Act apply, with any necessary changes and any changes prescribed under a regulation, to claims for compensation under this section.\n(sec.66-ssec.6) The local government’s decision not to proceed with the realignment of a road, or part of a road, does not give rise to an entitlement to compensation to, or a cause of action by, any owner or occupier of land or other person other than under this section.\n- (a) a local government decides not to proceed with the realignment of a road or part of a road after giving a notice of intention to acquire land; and\n- (b) structural improvements have been made on land that adjoins the road on the basis of the proposed realignment being effected.","sortOrder":99},{"sectionNumber":"sec.67","sectionType":"section","heading":"Acquiring land for use as a footpath","content":"### sec.67 Acquiring land for use as a footpath\n\nA local government may acquire land that adjoins a road for use as a footpath.\nThe acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the local government decides (at or before the acquisition) is appropriate—\na right to the ownership, possession, occupation and use of any existing structure, room or cellar—\nat a specified height above the level of the new footpath; or\nat a specified depth below the level of the new footpath;\na right—\nto erect a structure (in accordance with law) at a specified height above the new footpath; and\nto the ownership, possession, occupation and use of the structure;\na right of support for a structure mentioned in paragraph (a) or (b) .\nThe right mentioned in subsection (2) (a) is subject to the local government’s right to enter, and make structural alterations to, the structure, room or cellar that the local government considers necessary.\n(sec.67-ssec.1) A local government may acquire land that adjoins a road for use as a footpath.\n(sec.67-ssec.2) The acquisition of land may be subject to a reservation, in favour of the owner of the land, of any of the following rights that the local government decides (at or before the acquisition) is appropriate— a right to the ownership, possession, occupation and use of any existing structure, room or cellar— at a specified height above the level of the new footpath; or at a specified depth below the level of the new footpath; a right— to erect a structure (in accordance with law) at a specified height above the new footpath; and to the ownership, possession, occupation and use of the structure; a right of support for a structure mentioned in paragraph (a) or (b) .\n(sec.67-ssec.3) The right mentioned in subsection (2) (a) is subject to the local government’s right to enter, and make structural alterations to, the structure, room or cellar that the local government considers necessary.\n- (a) a right to the ownership, possession, occupation and use of any existing structure, room or cellar— (i) at a specified height above the level of the new footpath; or (ii) at a specified depth below the level of the new footpath;\n- (i) at a specified height above the level of the new footpath; or\n- (ii) at a specified depth below the level of the new footpath;\n- (b) a right— (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and (ii) to the ownership, possession, occupation and use of the structure;\n- (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and\n- (ii) to the ownership, possession, occupation and use of the structure;\n- (c) a right of support for a structure mentioned in paragraph (a) or (b) .\n- (i) at a specified height above the level of the new footpath; or\n- (ii) at a specified depth below the level of the new footpath;\n- (i) to erect a structure (in accordance with law) at a specified height above the new footpath; and\n- (ii) to the ownership, possession, occupation and use of the structure;","sortOrder":100},{"sectionNumber":"sec.68","sectionType":"section","heading":"Notice to local government of opening or closing of roads","content":"### sec.68 Notice to local government of opening or closing of roads\n\nThis section applies if an application is made under the Land Act for the opening or closing of a road in a local government area by someone other than the local government.\nThe Land Act Minister , or the applicant for the application, must give notice of the application to the local government.\nThe Land Act Minister is the Minister administering the Land Act .\nThe notice must specify a date (no earlier than 1 month or later than 2 months after the local government is given the notice) on or before which the local government may object to the opening or closing of the road.\nAn objection must fully state the reasons for the objection.\nThe Land Act Minister must have regard to any objections properly made by the local government.\nIf the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give notice to the local government—\nof the decision; and\nif the decision is contrary to the local government’s objection, the reasons for the decision.\ns 68 amd 2018 No. 8 s 34\n(sec.68-ssec.1) This section applies if an application is made under the Land Act for the opening or closing of a road in a local government area by someone other than the local government.\n(sec.68-ssec.2) The Land Act Minister , or the applicant for the application, must give notice of the application to the local government.\n(sec.68-ssec.3) The Land Act Minister is the Minister administering the Land Act .\n(sec.68-ssec.4) The notice must specify a date (no earlier than 1 month or later than 2 months after the local government is given the notice) on or before which the local government may object to the opening or closing of the road.\n(sec.68-ssec.5) An objection must fully state the reasons for the objection.\n(sec.68-ssec.6) The Land Act Minister must have regard to any objections properly made by the local government.\n(sec.68-ssec.7) If the Land Act Minister decides the road should be opened or closed, the Land Act Minister must give notice to the local government— of the decision; and if the decision is contrary to the local government’s objection, the reasons for the decision.\n- (a) of the decision; and\n- (b) if the decision is contrary to the local government’s objection, the reasons for the decision.","sortOrder":101},{"sectionNumber":"sec.69","sectionType":"section","heading":"Closing roads","content":"### sec.69 Closing roads\n\nA local government may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.\nAlso, the local government may close a road to all traffic or traffic of a particular class—\nduring a temporary obstruction to traffic; or\nif it is in the interests of public safety; or\nif it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).\nThe local government must publish notice of the closing of the road, in the way that the local government considers appropriate (including on its website, for example).\nThe local government may do everything necessary to stop traffic using the road after it is closed.\nIf a road is closed to traffic for a temporary purpose, the local government may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the local government considers appropriate.\ns 69 amd 2012 No. 33 s 99\n(sec.69-ssec.1) A local government may close a road (permanently or temporarily) to all traffic, or traffic of a particular class, if there is another road or route reasonably available for use by the traffic.\n(sec.69-ssec.2) Also, the local government may close a road to all traffic or traffic of a particular class— during a temporary obstruction to traffic; or if it is in the interests of public safety; or if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).\n(sec.69-ssec.3) The local government must publish notice of the closing of the road, in the way that the local government considers appropriate (including on its website, for example).\n(sec.69-ssec.4) The local government may do everything necessary to stop traffic using the road after it is closed.\n(sec.69-ssec.5) If a road is closed to traffic for a temporary purpose, the local government may permit the use of any part of the road (including for the erection of any structure, for example) on the conditions the local government considers appropriate.\n- (a) during a temporary obstruction to traffic; or\n- (b) if it is in the interests of public safety; or\n- (c) if it is necessary or desirable to close the road for a temporary purpose (including a fair, for example).","sortOrder":102},{"sectionNumber":"sec.70","sectionType":"section","heading":"Temporary roads","content":"### sec.70 Temporary roads\n\nThis section applies if—\na local government wants to remake or repair a road; and\nit is not reasonably practicable to temporarily close the road to traffic while the roadworks are conducted.\nThe local government may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.\nHowever, a local government employee or contractor may enter the land only if—\nthe owner or occupier of the land has agreed, in writing, that the local government employee or contractor may enter the land; or\nthe local government has given the owner or occupier of the land at least 3 days notice that states—\nthe nature of the roadworks that are to be conducted; and\nthe proposed route of the temporary road; and\nan approximate period when the temporary road is expected to remain on the land.\nSubsection (3) does not apply if the roadworks must be urgently conducted, but the local government must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3) (b) .\nThe owner of the land may give the chief executive officer a notice that claims compensation for physical damage caused by the local government entering, occupying or using the land under this section.\nCompensation is not payable unless the chief executive officer receives the claim—\nwithin 1 year after the occupation or use has ended; or\nat a later time allowed by the chief executive officer.\nThe compensation equals—\nthe amount agreed between the person and local government; or\nif the person and local government can not agree, the amount that is decided by a court.\nHowever, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.\ns 70 amd 2018 No. 8 s 34\n(sec.70-ssec.1) This section applies if— a local government wants to remake or repair a road; and it is not reasonably practicable to temporarily close the road to traffic while the roadworks are conducted.\n(sec.70-ssec.2) The local government may make a temporary road, through land that adjoins the road, to be used while the road is being remade or repaired.\n(sec.70-ssec.3) However, a local government employee or contractor may enter the land only if— the owner or occupier of the land has agreed, in writing, that the local government employee or contractor may enter the land; or the local government has given the owner or occupier of the land at least 3 days notice that states— the nature of the roadworks that are to be conducted; and the proposed route of the temporary road; and an approximate period when the temporary road is expected to remain on the land.\n(sec.70-ssec.4) Subsection (3) does not apply if the roadworks must be urgently conducted, but the local government must give the owner or occupier of the land oral notice of the matters mentioned in subsection (3) (b) .\n(sec.70-ssec.5) The owner of the land may give the chief executive officer a notice that claims compensation for physical damage caused by the local government entering, occupying or using the land under this section.\n(sec.70-ssec.6) Compensation is not payable unless the chief executive officer receives the claim— within 1 year after the occupation or use has ended; or at a later time allowed by the chief executive officer.\n(sec.70-ssec.7) The compensation equals— the amount agreed between the person and local government; or if the person and local government can not agree, the amount that is decided by a court.\n(sec.70-ssec.8) However, the compensation must not be more than the compensation that would have been awarded if the land had been acquired.\n- (a) a local government wants to remake or repair a road; and\n- (b) it is not reasonably practicable to temporarily close the road to traffic while the roadworks are conducted.\n- (a) the owner or occupier of the land has agreed, in writing, that the local government employee or contractor may enter the land; or\n- (b) the local government has given the owner or occupier of the land at least 3 days notice that states— (i) the nature of the roadworks that are to be conducted; and (ii) the proposed route of the temporary road; and (iii) an approximate period when the temporary road is expected to remain on the land.\n- (i) the nature of the roadworks that are to be conducted; and\n- (ii) the proposed route of the temporary road; and\n- (iii) an approximate period when the temporary road is expected to remain on the land.\n- (i) the nature of the roadworks that are to be conducted; and\n- (ii) the proposed route of the temporary road; and\n- (iii) an approximate period when the temporary road is expected to remain on the land.\n- (a) within 1 year after the occupation or use has ended; or\n- (b) at a later time allowed by the chief executive officer.\n- (a) the amount agreed between the person and local government; or\n- (b) if the person and local government can not agree, the amount that is decided by a court.","sortOrder":103},{"sectionNumber":"sec.71","sectionType":"section","heading":"Road levels","content":"### sec.71 Road levels\n\nThe owner or occupier of land that adjoins a road may give notice to the local government requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.\nIf the local government has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the local government is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.\nIf—\nafter a local government has fixed the permanent level of a road, the local government changes the level of the road; and\nthe owner or occupier of land that adjoins the road is injuriously affected by the change;\nthe local government must pay the owner or occupier, or their successor in title, compensation.\nThe compensation equals—\nthe amount that is agreed between the owner or occupier, or their successor in title, and the local government; or\nif the owner or occupier, or their successor in title, and the local government can not agree—the amount that is decided by the Planning and Environment Court.\ns 71 amd 2018 No. 8 s 34\n(sec.71-ssec.1) The owner or occupier of land that adjoins a road may give notice to the local government requiring it to advise the owner or occupier of the permanent level that is fixed or to be fixed for the road.\n(sec.71-ssec.2) If the local government has not, within 6 months after receiving the notice, given the owner or occupier written advice about the permanent level of the road, the local government is taken to have fixed the apparent level of the road when the notice was given as the permanent level of the road.\n(sec.71-ssec.3) If— after a local government has fixed the permanent level of a road, the local government changes the level of the road; and the owner or occupier of land that adjoins the road is injuriously affected by the change; the local government must pay the owner or occupier, or their successor in title, compensation.\n(sec.71-ssec.4) The compensation equals— the amount that is agreed between the owner or occupier, or their successor in title, and the local government; or if the owner or occupier, or their successor in title, and the local government can not agree—the amount that is decided by the Planning and Environment Court.\n- (a) after a local government has fixed the permanent level of a road, the local government changes the level of the road; and\n- (b) the owner or occupier of land that adjoins the road is injuriously affected by the change;\n- (a) the amount that is agreed between the owner or occupier, or their successor in title, and the local government; or\n- (b) if the owner or occupier, or their successor in title, and the local government can not agree—the amount that is decided by the Planning and Environment Court.","sortOrder":104},{"sectionNumber":"sec.72","sectionType":"section","heading":"Assessment of impacts on roads from certain activities","content":"### sec.72 Assessment of impacts on roads from certain activities\n\nThis section applies if—\na regulation prescribes an activity for this section; and\na local government considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in the local government area; and\nthe activity is not for—\na coordinated project under the State Development and Public Works Organisation Act 1971 ; or\ndevelopment categorised under the local government’s planning scheme as assessable development for the Planning Act ; or\na road being built under the Land Act , section 110 .\nThe local government may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the local government to assess the impact of the activity on the road.\nAfter assessing the impact of the activity on the road, the local government may decide to do 1 or more of the following—\ngive the entity a direction about the use of the road to lessen the impact;\nrequire the entity—\nto carry out works to lessen the impact; or\nto pay an amount as compensation for the impact.\nThe local government may require the works to be carried out or the amount to be paid before the impact commences or intensifies.\nThe amount of compensation is a debt payable to the local government and may be recovered in a court.\nA regulation for this section—\nmust contain a process under which the local government’s decision may be reviewed; and\nmay contain a process for enforcing the decision.\ns 72 amd 2009 No. 36 s 872 sch 2 ; 2012 No. 43 s 325 sch 2 ; 2016 No. 27 s 312\n(sec.72-ssec.1) This section applies if— a regulation prescribes an activity for this section; and a local government considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in the local government area; and the activity is not for— a coordinated project under the State Development and Public Works Organisation Act 1971 ; or development categorised under the local government’s planning scheme as assessable development for the Planning Act ; or a road being built under the Land Act , section 110 .\n(sec.72-ssec.2) The local government may require the entity that is conducting the activity to provide information, within a reasonable time, that will enable the local government to assess the impact of the activity on the road.\n(sec.72-ssec.3) After assessing the impact of the activity on the road, the local government may decide to do 1 or more of the following— give the entity a direction about the use of the road to lessen the impact; require the entity— to carry out works to lessen the impact; or to pay an amount as compensation for the impact.\n(sec.72-ssec.4) The local government may require the works to be carried out or the amount to be paid before the impact commences or intensifies.\n(sec.72-ssec.5) The amount of compensation is a debt payable to the local government and may be recovered in a court.\n(sec.72-ssec.6) A regulation for this section— must contain a process under which the local government’s decision may be reviewed; and may contain a process for enforcing the decision.\n- (a) a regulation prescribes an activity for this section; and\n- (b) a local government considers that the conduct of the activity is having, or will have, a significant adverse impact on a road in the local government area; and\n- (c) the activity is not for— (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or (ii) development categorised under the local government’s planning scheme as assessable development for the Planning Act ; or (iii) a road being built under the Land Act , section 110 .\n- (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or\n- (ii) development categorised under the local government’s planning scheme as assessable development for the Planning Act ; or\n- (iii) a road being built under the Land Act , section 110 .\n- (i) a coordinated project under the State Development and Public Works Organisation Act 1971 ; or\n- (ii) development categorised under the local government’s planning scheme as assessable development for the Planning Act ; or\n- (iii) a road being built under the Land Act , section 110 .\n- (a) give the entity a direction about the use of the road to lessen the impact;\n- (b) require the entity— (i) to carry out works to lessen the impact; or (ii) to pay an amount as compensation for the impact.\n- (i) to carry out works to lessen the impact; or\n- (ii) to pay an amount as compensation for the impact.\n- (i) to carry out works to lessen the impact; or\n- (ii) to pay an amount as compensation for the impact.\n- (a) must contain a process under which the local government’s decision may be reviewed; and\n- (b) may contain a process for enforcing the decision.","sortOrder":105},{"sectionNumber":"sec.73","sectionType":"section","heading":"Categorisation of roads","content":"### sec.73 Categorisation of roads\n\nA local government must categorise the roads in its local government area according to the surface of the road.","sortOrder":106},{"sectionNumber":"sec.74","sectionType":"section","heading":"Roads map and register","content":"### sec.74 Roads map and register\n\nA local government must prepare and keep up-to-date—\na map of every road, including private roads, in its local government area; and\na register of the roads that shows—\nthe category of every road; and\nthe level of every road that has a fixed level; and\nother particulars prescribed under a regulation.\nThe register of roads may also show other particulars that the local government considers appropriate.\nThe public may inspect the map and register at the local government’s public office.\nOn application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain—\na copy of a map or register of roads; or\na certificate signed by an employee of the local government who is authorised for the purpose—\nabout the category, alignment and levels of roads in its area; or\nabout the fact that the alignment or level of a road in its area has not been fixed.\n(sec.74-ssec.1) A local government must prepare and keep up-to-date— a map of every road, including private roads, in its local government area; and a register of the roads that shows— the category of every road; and the level of every road that has a fixed level; and other particulars prescribed under a regulation.\n(sec.74-ssec.2) The register of roads may also show other particulars that the local government considers appropriate.\n(sec.74-ssec.3) The public may inspect the map and register at the local government’s public office.\n(sec.74-ssec.4) On application and payment of a reasonable fee fixed under a resolution or local law, a person may obtain— a copy of a map or register of roads; or a certificate signed by an employee of the local government who is authorised for the purpose— about the category, alignment and levels of roads in its area; or about the fact that the alignment or level of a road in its area has not been fixed.\n- (a) a map of every road, including private roads, in its local government area; and\n- (b) a register of the roads that shows— (i) the category of every road; and (ii) the level of every road that has a fixed level; and (iii) other particulars prescribed under a regulation.\n- (i) the category of every road; and\n- (ii) the level of every road that has a fixed level; and\n- (iii) other particulars prescribed under a regulation.\n- (i) the category of every road; and\n- (ii) the level of every road that has a fixed level; and\n- (iii) other particulars prescribed under a regulation.\n- (a) a copy of a map or register of roads; or\n- (b) a certificate signed by an employee of the local government who is authorised for the purpose— (i) about the category, alignment and levels of roads in its area; or (ii) about the fact that the alignment or level of a road in its area has not been fixed.\n- (i) about the category, alignment and levels of roads in its area; or\n- (ii) about the fact that the alignment or level of a road in its area has not been fixed.\n- (i) about the category, alignment and levels of roads in its area; or\n- (ii) about the fact that the alignment or level of a road in its area has not been fixed.","sortOrder":107},{"sectionNumber":"sec.75","sectionType":"section","heading":"Unauthorised works on roads","content":"### sec.75 Unauthorised works on roads\n\nThis section applies to a road in a local government area.\nA person must not, without lawful excuse (including under another Act, for example), or the written approval of the local government—\ncarry out works on a road; or\ninterfere with a road or its operation.\nMaximum penalty—200 penalty units.\nWorks do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.\nAn approval may be subject to the conditions decided by the local government.\nA person must not contravene a condition that applies to a person under subsection (4) .\nMaximum penalty—40 penalty units.\nIf a person carries out works in contravention of this section, the local government may—\ndismantle or alter the works; or\nfix any damage caused by the works.\nIf the local government dismantles or alters the works, or fixes any damage caused by the works, the person must pay the local government the reasonable costs incurred by the local government in doing so.\n(sec.75-ssec.1) This section applies to a road in a local government area.\n(sec.75-ssec.2) A person must not, without lawful excuse (including under another Act, for example), or the written approval of the local government— carry out works on a road; or interfere with a road or its operation. Maximum penalty—200 penalty units.\n(sec.75-ssec.3) Works do not include the maintenance of ancillary works and encroachments, or landscaping, that does not interfere with the road or its operation.\n(sec.75-ssec.4) An approval may be subject to the conditions decided by the local government.\n(sec.75-ssec.5) A person must not contravene a condition that applies to a person under subsection (4) . Maximum penalty—40 penalty units.\n(sec.75-ssec.6) If a person carries out works in contravention of this section, the local government may— dismantle or alter the works; or fix any damage caused by the works.\n(sec.75-ssec.7) If the local government dismantles or alters the works, or fixes any damage caused by the works, the person must pay the local government the reasonable costs incurred by the local government in doing so.\n- (a) carry out works on a road; or\n- (b) interfere with a road or its operation.\n- (a) dismantle or alter the works; or\n- (b) fix any damage caused by the works.","sortOrder":108},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Stormwater drains","content":"## Stormwater drains","sortOrder":109},{"sectionNumber":"sec.76","sectionType":"section","heading":"What this division is about","content":"### sec.76 What this division is about\n\nThis division is about stormwater drains and stormwater installations.\nA stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater.\nA stormwater installation for a property—\nis any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but\ndoes not include any part of a local government’s stormwater drain.\n(sec.76-ssec.1) This division is about stormwater drains and stormwater installations.\n(sec.76-ssec.2) A stormwater drain is a drain, channel, pipe, chamber, structure, outfall or other works used to receive, store, transport or treat stormwater.\n(sec.76-ssec.3) A stormwater installation for a property— is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but does not include any part of a local government’s stormwater drain.\n- (a) is any roof gutters, downpipes, subsoil drains or stormwater drain for the property; but\n- (b) does not include any part of a local government’s stormwater drain.","sortOrder":110},{"sectionNumber":"sec.77","sectionType":"section","heading":"Connecting stormwater installation to stormwater drain","content":"### sec.77 Connecting stormwater installation to stormwater drain\n\nA local government may, by notice, require the owner of a property to connect a stormwater installation for the property to the local government’s stormwater drain in the way, under the conditions and within the time stated in the notice.\nThe way, condition and time stated in the notice must be reasonable in the circumstances.\nA person must not connect a stormwater installation for a property to a local government’s stormwater drain unless—\nthe local government has required the owner of the property to do so by a notice under subsection (1) ; or\nthe local government has given its approval for the connection.\nMaximum penalty—165 penalty units.\nThe local government may impose conditions on its approval for the connection, including conditions about the way the connection must be made.\nIf a person connects a stormwater installation under a requirement or approval of the local government, the person must comply with the requirement or approval, unless the owner has a reasonable excuse.\nMaximum penalty for subsection (5) —165 penalty units.\ns 77 amd 2018 No. 8 s 34\n(sec.77-ssec.1) A local government may, by notice, require the owner of a property to connect a stormwater installation for the property to the local government’s stormwater drain in the way, under the conditions and within the time stated in the notice.\n(sec.77-ssec.2) The way, condition and time stated in the notice must be reasonable in the circumstances.\n(sec.77-ssec.3) A person must not connect a stormwater installation for a property to a local government’s stormwater drain unless— the local government has required the owner of the property to do so by a notice under subsection (1) ; or the local government has given its approval for the connection. Maximum penalty—165 penalty units.\n(sec.77-ssec.4) The local government may impose conditions on its approval for the connection, including conditions about the way the connection must be made.\n(sec.77-ssec.5) If a person connects a stormwater installation under a requirement or approval of the local government, the person must comply with the requirement or approval, unless the owner has a reasonable excuse. Maximum penalty for subsection (5) —165 penalty units.\n- (a) the local government has required the owner of the property to do so by a notice under subsection (1) ; or\n- (b) the local government has given its approval for the connection.","sortOrder":111},{"sectionNumber":"sec.78","sectionType":"section","heading":"No connecting sewerage to stormwater drain","content":"### sec.78 No connecting sewerage to stormwater drain\n\nThe owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of—\nthe stormwater installation for the property; or\nthe stormwater drain of the local government.\nMaximum penalty—165 penalty units.\nA sewerage installation is any of the following—\nan on-site sewage facility within the meaning given in the Plumbing and Drainage Act ;\na sewer for a property or building unit;\nsanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;\nsanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges—\nfrom fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or\nfrom sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.\ndisconnector gullies\nbends at the foot of stacks or below ground level\npipes above ground level that are installed using drainage principles\nfor an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\nThe owner of a property who becomes aware that the sewerage installation for the property is connected to any part of—\nthe stormwater installation for the property; or\nthe stormwater drain of the local government;\nmust, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain.\nMaximum penalty—165 penalty units.\nIf the sewerage installation for property is connected to any part of—\nthe stormwater installation on the property; or\nthe stormwater drain of the local government;\nthe local government may, by notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.\nThe time stated in the notice must—\nbe a time that is reasonable in the circumstances; and\nbe at least 1 month after the notice is given to the owner.\nHowever, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice—\nis required to stop a serious health risk continuing; or\nrelates to a connection that is causing damage to the local government’s stormwater drain.\nThe work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example—\nwork to remedy a contravention of this Act; or\nwork to disconnect something that was connected to a stormwater drain without the local government’s approval.\nThe owner must comply with the notice, unless the owner has a reasonable excuse.\nMaximum penalty for subsection (8) —165 penalty units.\ns 78 amd 2018 No. 8 s 34 ; 2018 No. 17 s 197 sch 2\n(sec.78-ssec.1) The owner of a property must not connect the sewerage installation for property, or allow the sewerage installation for the property to be connected, to any part of— the stormwater installation for the property; or the stormwater drain of the local government. Maximum penalty—165 penalty units.\n(sec.78-ssec.2) A sewerage installation is any of the following— an on-site sewage facility within the meaning given in the Plumbing and Drainage Act ; a sewer for a property or building unit; sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain; sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges— from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system. disconnector gullies bends at the foot of stacks or below ground level pipes above ground level that are installed using drainage principles for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n(sec.78-ssec.3) The owner of a property who becomes aware that the sewerage installation for the property is connected to any part of— the stormwater installation for the property; or the stormwater drain of the local government; must, as soon as reasonably practicable, take all necessary steps to disconnect the facility, drainage or sewer from the stormwater installation or drain. Maximum penalty—165 penalty units.\n(sec.78-ssec.4) If the sewerage installation for property is connected to any part of— the stormwater installation on the property; or the stormwater drain of the local government; the local government may, by notice, require the owner of the property to perform the work stated in the notice, within the time stated in the notice.\n(sec.78-ssec.5) The time stated in the notice must— be a time that is reasonable in the circumstances; and be at least 1 month after the notice is given to the owner.\n(sec.78-ssec.6) However, the time stated in the notice may be less than 1 month but must not be less than 48 hours if the work stated in the notice— is required to stop a serious health risk continuing; or relates to a connection that is causing damage to the local government’s stormwater drain.\n(sec.78-ssec.7) The work stated in the notice must be work that is reasonably necessary for fixing or otherwise dealing with the sewerage installation, including for example— work to remedy a contravention of this Act; or work to disconnect something that was connected to a stormwater drain without the local government’s approval.\n(sec.78-ssec.8) The owner must comply with the notice, unless the owner has a reasonable excuse. Maximum penalty for subsection (8) —165 penalty units.\n- (a) the stormwater installation for the property; or\n- (b) the stormwater drain of the local government.\n- (a) an on-site sewage facility within the meaning given in the Plumbing and Drainage Act ;\n- (b) a sewer for a property or building unit;\n- (c) sanitary plumbing i.e. any apparatus, fittings, fixtures or pipes that carry sewage to a sanitary drain;\n- (d) sanitary drainage i.e. any apparatus, fittings or pipes for collecting and carrying discharges— (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or (ii) from sanitary plumbing to an on-site sewerage facility 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 drainage principles • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n- (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or\n- (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.\n- • disconnector gullies\n- • bends at the foot of stacks or below ground level\n- • pipes above ground level that are installed using drainage principles\n- • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n- (i) from fixtures (that are directly connected to a sanitary drain) to an on-site sewerage facility or a sewerage treatment system; or\n- (ii) from sanitary plumbing to an on-site sewerage facility or a sewerage treatment system.\n- • disconnector gullies\n- • bends at the foot of stacks or below ground level\n- • pipes above ground level that are installed using drainage principles\n- • for an on-site sewerage facility—a pipe (other than a soil or waste pipe) used to carry sewage to or from the facility\n- (a) the stormwater installation for the property; or\n- (b) the stormwater drain of the local government;\n- (a) the stormwater installation on the property; or\n- (b) the stormwater drain of the local government;\n- (a) be a time that is reasonable in the circumstances; and\n- (b) be at least 1 month after the notice is given to the owner.\n- (a) is required to stop a serious health risk continuing; or\n- (b) relates to a connection that is causing damage to the local government’s stormwater drain.\n- (a) work to remedy a contravention of this Act; or\n- (b) work to disconnect something that was connected to a stormwater drain without the local government’s approval.","sortOrder":112},{"sectionNumber":"sec.79","sectionType":"section","heading":"No trade waste or prohibited substances in stormwater drain","content":"### sec.79 No trade waste or prohibited substances in stormwater drain\n\nA person must not put trade waste into a stormwater drain.\nMaximum penalty—1,000 penalty units.\nTrade waste is waterborne waste from business, trade or manufacturing property, other than—\nstormwater; and\na prohibited substance.\nA person must not put a prohibited substance into a stormwater drain.\nMaximum penalty—1,000 penalty units.\nA prohibited substance is—\na solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or\nash, cinders, sand, mud, straw and shavings\nmetal, glass and plastics\npaper and plastic dishes, cups and milk containers\nrags, feathers, tar and wood\nwhole blood, paunch manure, hair and entrails\noil and grease\ncement-laden wastewater, including wash down from exposed aggregate concrete surfaces\na flammable or explosive solid, liquid or gaseous substance; or\nsewage, including human waste; or\na substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of—\ninhibiting or interfering with the stormwater drain; or\ncausing damage or a hazard to the stormwater drain; or\ncausing a hazard for humans or animals; or\ncreating a public nuisance; or\ncreating a hazard in waters; or\ncontaminating the environment in places where stormwater is discharged or reused; or\na substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property\na substance that has a temperature of more than—\nif the local government has approved a maximum temperature for the substance—the approved maximum temperature; or\notherwise—38ºC.\nIf—\na person puts a prohibited substance in a local government’s stormwater drain; and\nthe prohibited substance causes damage to the stormwater drain;\nthe local government may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.\nThe costs for the work are in addition to any penalty imposed for the offence.\n(sec.79-ssec.1) A person must not put trade waste into a stormwater drain. Maximum penalty—1,000 penalty units.\n(sec.79-ssec.2) Trade waste is waterborne waste from business, trade or manufacturing property, other than— stormwater; and a prohibited substance.\n(sec.79-ssec.3) A person must not put a prohibited substance into a stormwater drain. Maximum penalty—1,000 penalty units.\n(sec.79-ssec.4) A prohibited substance is— a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or ash, cinders, sand, mud, straw and shavings metal, glass and plastics paper and plastic dishes, cups and milk containers rags, feathers, tar and wood whole blood, paunch manure, hair and entrails oil and grease cement-laden wastewater, including wash down from exposed aggregate concrete surfaces a flammable or explosive solid, liquid or gaseous substance; or sewage, including human waste; or a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of— inhibiting or interfering with the stormwater drain; or causing damage or a hazard to the stormwater drain; or causing a hazard for humans or animals; or creating a public nuisance; or creating a hazard in waters; or contaminating the environment in places where stormwater is discharged or reused; or a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property a substance that has a temperature of more than— if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or otherwise—38ºC.\n(sec.79-ssec.5) If— a person puts a prohibited substance in a local government’s stormwater drain; and the prohibited substance causes damage to the stormwater drain; the local government may perform work to fix the damage, and may recover the reasonable costs for the work from the person who put the prohibited substance in the stormwater drain.\n(sec.79-ssec.6) The costs for the work are in addition to any penalty imposed for the offence.\n- (a) stormwater; and\n- (b) a prohibited substance.\n- (a) a solid or viscous substance in a quantity, or of a size, that can obstruct, or interfere with the operation of, a stormwater drain; or Examples for paragraph (a) — • ash, cinders, sand, mud, straw and shavings • metal, glass and plastics • paper and plastic dishes, cups and milk containers • rags, feathers, tar and wood • whole blood, paunch manure, hair and entrails • oil and grease • cement-laden wastewater, including wash down from exposed aggregate concrete surfaces\n- • ash, cinders, sand, mud, straw and shavings\n- • metal, glass and plastics\n- • paper and plastic dishes, cups and milk containers\n- • rags, feathers, tar and wood\n- • whole blood, paunch manure, hair and entrails\n- • oil and grease\n- • cement-laden wastewater, including wash down from exposed aggregate concrete surfaces\n- (b) a flammable or explosive solid, liquid or gaseous substance; or\n- (c) sewage, including human waste; or\n- (d) a substance that, given its quantity, is capable alone, or by interaction with another substance put into a stormwater drain, of— (i) inhibiting or interfering with the stormwater drain; or (ii) causing damage or a hazard to the stormwater drain; or (iii) causing a hazard for humans or animals; or (iv) creating a public nuisance; or (v) creating a hazard in waters; or (vi) contaminating the environment in places where stormwater is discharged or reused; or Example for paragraph (d) — a substance with a pH lower than 6.0 or greater than 10.0, or having another corrosive property\n- (i) inhibiting or interfering with the stormwater drain; or\n- (ii) causing damage or a hazard to the stormwater drain; or\n- (iii) causing a hazard for humans or animals; or\n- (iv) creating a public nuisance; or\n- (v) creating a hazard in waters; or\n- (vi) contaminating the environment in places where stormwater is discharged or reused; or\n- (e) a substance that has a temperature of more than— (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or (ii) otherwise—38ºC.\n- (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or\n- (ii) otherwise—38ºC.\n- • ash, cinders, sand, mud, straw and shavings\n- • metal, glass and plastics\n- • paper and plastic dishes, cups and milk containers\n- • rags, feathers, tar and wood\n- • whole blood, paunch manure, hair and entrails\n- • oil and grease\n- • cement-laden wastewater, including wash down from exposed aggregate concrete surfaces\n- (i) inhibiting or interfering with the stormwater drain; or\n- (ii) causing damage or a hazard to the stormwater drain; or\n- (iii) causing a hazard for humans or animals; or\n- (iv) creating a public nuisance; or\n- (v) creating a hazard in waters; or\n- (vi) contaminating the environment in places where stormwater is discharged or reused; or\n- (i) if the local government has approved a maximum temperature for the substance—the approved maximum temperature; or\n- (ii) otherwise—38ºC.\n- (a) a person puts a prohibited substance in a local government’s stormwater drain; and\n- (b) the prohibited substance causes damage to the stormwater drain;","sortOrder":113},{"sectionNumber":"sec.80","sectionType":"section","heading":"Interference with path of stormwater","content":"### sec.80 Interference with path of stormwater\n\nA person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant.\nMaximum penalty—165 penalty units.\nHowever, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate.\n(sec.80-ssec.1) A person must not restrict or redirect the flow of stormwater over land in a way that may cause the water to collect and become stagnant. Maximum penalty—165 penalty units.\n(sec.80-ssec.2) However, this section does not apply to water collected in a dam, wetland, tank or pond, if no offensive material is allowed to accumulate.","sortOrder":114},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":115},{"sectionNumber":"sec.80A","sectionType":"section","heading":"Malls","content":"### sec.80A Malls\n\nA local government may establish a mall in its local government area.\nThe local government must comply with the procedures prescribed under a regulation for establishing a mall.\nThe regulation may also provide for any other matter connected with managing, promoting or using a mall, including, for example—\nremoval of vehicles from a mall; and\nreview of a decision relating to the removal of a vehicle from a mall; and\nmatters relating to an advisory committee for a mall.\nA person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by a local government.\nHowever, the local government may, by resolution, decide to pay compensation to the person.\nThe Land Act , chapter 4 , part 4 does not apply to a road that is a mall.\ns 80A ins 2010 No. 23 s 288\n(sec.80A-ssec.1) A local government may establish a mall in its local government area.\n(sec.80A-ssec.2) The local government must comply with the procedures prescribed under a regulation for establishing a mall.\n(sec.80A-ssec.3) The regulation may also provide for any other matter connected with managing, promoting or using a mall, including, for example— removal of vehicles from a mall; and review of a decision relating to the removal of a vehicle from a mall; and matters relating to an advisory committee for a mall.\n(sec.80A-ssec.4) A person is not entitled to compensation on account of injurious affection to any right or interest of a business, commercial or industrial nature because of the establishment, modification or closing of a mall by a local government.\n(sec.80A-ssec.5) However, the local government may, by resolution, decide to pay compensation to the person.\n(sec.80A-ssec.6) The Land Act , chapter 4 , part 4 does not apply to a road that is a mall.\n- (a) removal of vehicles from a mall; and\n- (b) review of a decision relating to the removal of a vehicle from a mall; and\n- (c) matters relating to an advisory committee for a mall.","sortOrder":116},{"sectionNumber":"sec.80B","sectionType":"section","heading":"Ferry services","content":"### sec.80B Ferry services\n\nA local government has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in its local government area.\nA watercourse is a river, creek or channel where water flows naturally.\nA local government may—\nlease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and\nmake local laws for managing and regulating the use of ferries operated or leased by it.\nA regulation may—\ndeclare another watercourse that a local government has the exclusive right to provide a ferry service across; and\nprovide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of a local government, for example).\ns 80B ins 2010 No. 23 s 288\n(sec.80B-ssec.1) A local government has the exclusive right to provide a ferry service across a watercourse if the land that forms both banks of the watercourse is in its local government area.\n(sec.80B-ssec.2) A watercourse is a river, creek or channel where water flows naturally.\n(sec.80B-ssec.3) A local government may— lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and make local laws for managing and regulating the use of ferries operated or leased by it.\n(sec.80B-ssec.4) A regulation may— declare another watercourse that a local government has the exclusive right to provide a ferry service across; and provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of a local government, for example).\n- (a) lease the right to provide a ferry service across a watercourse that it has the exclusive right to provide a ferry service across; and\n- (b) make local laws for managing and regulating the use of ferries operated or leased by it.\n- (a) declare another watercourse that a local government has the exclusive right to provide a ferry service across; and\n- (b) provide for any other matter connected with the provision of ferry services (including declaring the approaches to a ferry as being under the control of a local government, for example).","sortOrder":117},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"The business of indigenous local governments","content":"# The business of indigenous local governments","sortOrder":118},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":119},{"sectionNumber":"sec.81","sectionType":"section","heading":"What this part is about","content":"### sec.81 What this part is about\n\nThis part contains provisions that relate only to the following local governments—\nAurukun Shire Council;\nMornington Shire Council;\nan indigenous local government.\ns 81 sub 2012 No. 33 s 101\n- (a) Aurukun Shire Council;\n- (b) Mornington Shire Council;\n- (c) an indigenous local government.","sortOrder":120},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Managing trust land","content":"## Managing trust land","sortOrder":121},{"sectionNumber":"sec.82","sectionType":"section","heading":"What this division is about","content":"### sec.82 What this division is about\n\nThis division contains provisions that apply to a trustee council.\nA trustee council is any of the following local governments if the local government is a trustee of trust land—\nAurukun Shire Council;\nMornington Shire Council;\nan indigenous local government.\nTrust land is the land described in a deed of grant in trust that is issued under the Land Act .\nThe provisions of this division—\ndo not affect the status that any land has under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; and\nare additional to the provisions that apply to the land under the Land Act and any other law.\ns 82 amd 2012 No. 33 s 102\n(sec.82-ssec.1) This division contains provisions that apply to a trustee council.\n(sec.82-ssec.2) A trustee council is any of the following local governments if the local government is a trustee of trust land— Aurukun Shire Council; Mornington Shire Council; an indigenous local government.\n(sec.82-ssec.3) Trust land is the land described in a deed of grant in trust that is issued under the Land Act .\n(sec.82-ssec.4) The provisions of this division— do not affect the status that any land has under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; and are additional to the provisions that apply to the land under the Land Act and any other law.\n- (a) Aurukun Shire Council;\n- (b) Mornington Shire Council;\n- (c) an indigenous local government.\n- (a) do not affect the status that any land has under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 ; and\n- (b) are additional to the provisions that apply to the land under the Land Act and any other law.","sortOrder":122},{"sectionNumber":"sec.83","sectionType":"section","heading":"Trustee business must be conducted separately","content":"### sec.83 Trustee business must be conducted separately\n\nA trustee council must conduct its trustee business separately from its other local government business.\nTrustee business is any business that relates to trust land.\nSo, the trustee council must—\nmaintain separate accounts and records for trustee business; and\nin its capacity as trustee council, formally advise itself, in its capacity as local government, of matters relating to trustee business; and\nhold separate meetings for trustee business from meetings for other local government business.\ns 83 amd 2026 No. 5 s 141 sch 1 pt 1\n(sec.83-ssec.1) A trustee council must conduct its trustee business separately from its other local government business.\n(sec.83-ssec.2) Trustee business is any business that relates to trust land.\n(sec.83-ssec.3) So, the trustee council must— maintain separate accounts and records for trustee business; and in its capacity as trustee council, formally advise itself, in its capacity as local government, of matters relating to trustee business; and hold separate meetings for trustee business from meetings for other local government business.\n- (a) maintain separate accounts and records for trustee business; and\n- (b) in its capacity as trustee council, formally advise itself, in its capacity as local government, of matters relating to trustee business; and\n- (c) hold separate meetings for trustee business from meetings for other local government business.","sortOrder":123},{"sectionNumber":"sec.84","sectionType":"section","heading":"Meetings about trust land generally open to the public","content":"### sec.84 Meetings about trust land generally open to the public\n\nAll meetings relating to trust land must be open to the public, unless the trustee council decides, by resolution, that the meeting be closed to the public.\nThe trustee council may do so only to allow the trustee council to discuss business for which public discussion would be likely to—\nprejudice the interests of the trustee council or someone else; or\nenable a person to gain a financial advantage.\nFor example, a meeting may be closed to the public to allow the trustee council to discuss—\nthe appointment, discipline or dismissal of local government employees; or\nindustrial matters affecting local government employees; or\nstarting or defending legal proceedings; or\nthat part of the budget that relates to the trust land; or\ncontracts proposed to be made by the trustee council.\nA resolution to close a meeting to the public must specify the general nature of the matters to be discussed while the meeting is closed to the public.\nThe trustee council must not make a resolution (other than a procedural resolution) in a meeting that is closed to the public.\n(sec.84-ssec.1) All meetings relating to trust land must be open to the public, unless the trustee council decides, by resolution, that the meeting be closed to the public.\n(sec.84-ssec.2) The trustee council may do so only to allow the trustee council to discuss business for which public discussion would be likely to— prejudice the interests of the trustee council or someone else; or enable a person to gain a financial advantage.\n(sec.84-ssec.3) For example, a meeting may be closed to the public to allow the trustee council to discuss— the appointment, discipline or dismissal of local government employees; or industrial matters affecting local government employees; or starting or defending legal proceedings; or that part of the budget that relates to the trust land; or contracts proposed to be made by the trustee council.\n(sec.84-ssec.4) A resolution to close a meeting to the public must specify the general nature of the matters to be discussed while the meeting is closed to the public.\n(sec.84-ssec.5) The trustee council must not make a resolution (other than a procedural resolution) in a meeting that is closed to the public.\n- (a) prejudice the interests of the trustee council or someone else; or\n- (b) enable a person to gain a financial advantage.\n- (a) the appointment, discipline or dismissal of local government employees; or\n- (b) industrial matters affecting local government employees; or\n- (c) starting or defending legal proceedings; or\n- (d) that part of the budget that relates to the trust land; or\n- (e) contracts proposed to be made by the trustee council.","sortOrder":124},{"sectionNumber":"sec.85","sectionType":"section","heading":"Community forum input on trust change proposals","content":"### sec.85 Community forum input on trust change proposals\n\nThis section applies if—\na trustee council is an indigenous regional council; and\nthe trustee council wants to consider a trust change proposal; and\na community forum has been established for the division of the local government where the trust land is located.\nA trust change proposal is a proposal to make a decision—\nto put an improvement (including a structure, for example) on trust land; or\nto create an interest in trust land (including a lease or mortgage, for example); or\nthat the trustee council has decided, by resolution, must be dealt with as a trust change proposal.\nThe trustee council must give the community forum an opportunity to give input about the trust change proposal.\nSee division 3 for more information about community forums.\nThe trustee council must give the community forum a notice that gives the community forum—\nreasonably sufficient information about the trust change proposal; and\nreasonably sufficient time;\nto allow the community forum to give input about the trust change proposal.\nThe trustee council must have regard to any input that is received from the community forum within the time specified in the notice.\nIf the trustee council proposes to make a decision that is contrary to the community forum’s input, the trustee council must give notice of the reasons for the proposed decision to the community forum.\nIf the community forum advises the trustee council that it does not support the trustee council’s proposed decision, the trustee council must take reasonable steps to let the community know.\nIf the trustee council proposes to make a decision that is contrary to the community forum’s input, the decision has effect only if—\nthe decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and\nthe councillor for the division of the local government area in which the trust land is situated does not vote against approving the decision.\ns 85 amd 2012 No. 33 s 103 ; 2018 No. 8 s 34\n(sec.85-ssec.1) This section applies if— a trustee council is an indigenous regional council; and the trustee council wants to consider a trust change proposal; and a community forum has been established for the division of the local government where the trust land is located.\n(sec.85-ssec.2) A trust change proposal is a proposal to make a decision— to put an improvement (including a structure, for example) on trust land; or to create an interest in trust land (including a lease or mortgage, for example); or that the trustee council has decided, by resolution, must be dealt with as a trust change proposal.\n(sec.85-ssec.3) The trustee council must give the community forum an opportunity to give input about the trust change proposal. See division 3 for more information about community forums.\n(sec.85-ssec.4) The trustee council must give the community forum a notice that gives the community forum— reasonably sufficient information about the trust change proposal; and reasonably sufficient time; to allow the community forum to give input about the trust change proposal.\n(sec.85-ssec.5) The trustee council must have regard to any input that is received from the community forum within the time specified in the notice.\n(sec.85-ssec.6) If the trustee council proposes to make a decision that is contrary to the community forum’s input, the trustee council must give notice of the reasons for the proposed decision to the community forum.\n(sec.85-ssec.7) If the community forum advises the trustee council that it does not support the trustee council’s proposed decision, the trustee council must take reasonable steps to let the community know.\n(sec.85-ssec.8) If the trustee council proposes to make a decision that is contrary to the community forum’s input, the decision has effect only if— the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and the councillor for the division of the local government area in which the trust land is situated does not vote against approving the decision.\n- (a) a trustee council is an indigenous regional council; and\n- (b) the trustee council wants to consider a trust change proposal; and\n- (c) a community forum has been established for the division of the local government where the trust land is located.\n- (a) to put an improvement (including a structure, for example) on trust land; or\n- (b) to create an interest in trust land (including a lease or mortgage, for example); or\n- (c) that the trustee council has decided, by resolution, must be dealt with as a trust change proposal.\n- (a) reasonably sufficient information about the trust change proposal; and\n- (b) reasonably sufficient time;\n- (a) the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and\n- (b) the councillor for the division of the local government area in which the trust land is situated does not vote against approving the decision.","sortOrder":125},{"sectionNumber":"sec.85A","sectionType":"section","heading":"Trust change decisions if no community forum","content":"### sec.85A Trust change decisions if no community forum\n\nThis section applies if—\na trustee council, that is an indigenous regional council, proposes to make a trust change decision; and\na community forum has not been established for the division of the local government where the trust land is located.\nA trust change decision is a decision—\nto put an improvement (including a structure, for example) on trust land; or\nto create an interest in trust land (including a lease or mortgage, for example); or\nthat the trustee council has decided, by resolution, must be dealt with as a trust change proposal within the meaning of section 85 (2) .\nThe trust change decision has effect only if—\nthe decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and\nthe councillor for the division of the local government area in which the trust land is located does not vote against approving the decision.\ns 85A ins 2011 No. 27 s 267\namd 2012 No. 33 s 104\n(sec.85A-ssec.1) This section applies if— a trustee council, that is an indigenous regional council, proposes to make a trust change decision; and a community forum has not been established for the division of the local government where the trust land is located.\n(sec.85A-ssec.2) A trust change decision is a decision— to put an improvement (including a structure, for example) on trust land; or to create an interest in trust land (including a lease or mortgage, for example); or that the trustee council has decided, by resolution, must be dealt with as a trust change proposal within the meaning of section 85 (2) .\n(sec.85A-ssec.3) The trust change decision has effect only if— the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and the councillor for the division of the local government area in which the trust land is located does not vote against approving the decision.\n- (a) a trustee council, that is an indigenous regional council, proposes to make a trust change decision; and\n- (b) a community forum has not been established for the division of the local government where the trust land is located.\n- (a) to put an improvement (including a structure, for example) on trust land; or\n- (b) to create an interest in trust land (including a lease or mortgage, for example); or\n- (c) that the trustee council has decided, by resolution, must be dealt with as a trust change proposal within the meaning of section 85 (2) .\n- (a) the decision is approved by a majority of the councillors (other than the mayor), regardless of how many councillors take part in any meeting about the decision; and\n- (b) the councillor for the division of the local government area in which the trust land is located does not vote against approving the decision.","sortOrder":126},{"sectionNumber":"sec.86","sectionType":"section","heading":"Grouping of trust land not available","content":"### sec.86 Grouping of trust land not available\n\nThe chief executive under the Land Act must not approve the grouping of trust land under the Land Act , section 62 , if any of the trust land is the subject of a community deed of grant in trust.","sortOrder":127},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"Community forums","content":"## Community forums","sortOrder":128},{"sectionNumber":"sec.87","sectionType":"section","heading":"Community forums","content":"### sec.87 Community forums\n\nThis section applies if an indigenous regional council establishes a community forum for the council or, if the council is divided, any of its divisions.\nA community forum is a body established by an indigenous regional council to be responsible for meeting with the local community to discuss issues relating to—\ntrust land; and\nplanning; and\nthe delivery of services; and\nculture.\nThe local community is the community living in the local government area or division for which the community forum is established.\nA community forum is made up of—\na chairperson, who is the councillor for the division; and\nat least 3, but not more than 7, appointed members.\nThe indigenous regional council must publish the following information—\nthe name of the community forum;\nthe names of the members of the community forum.\nThe information must be published—\non the indigenous regional council’s website; and\nin other ways the council considers appropriate.\nThe indigenous regional council must decide all matters necessary for the operation of its community forums.\ns 87 amd 2011 No. 27 s 268 ; 2023 No. 30 s 30\n(sec.87-ssec.1) This section applies if an indigenous regional council establishes a community forum for the council or, if the council is divided, any of its divisions.\n(sec.87-ssec.2) A community forum is a body established by an indigenous regional council to be responsible for meeting with the local community to discuss issues relating to— trust land; and planning; and the delivery of services; and culture.\n(sec.87-ssec.3) The local community is the community living in the local government area or division for which the community forum is established.\n(sec.87-ssec.4) A community forum is made up of— a chairperson, who is the councillor for the division; and at least 3, but not more than 7, appointed members.\n(sec.87-ssec.5) The indigenous regional council must publish the following information— the name of the community forum; the names of the members of the community forum.\n(sec.87-ssec.6) The information must be published— on the indigenous regional council’s website; and in other ways the council considers appropriate.\n(sec.87-ssec.7) The indigenous regional council must decide all matters necessary for the operation of its community forums.\n- (a) trust land; and\n- (b) planning; and\n- (c) the delivery of services; and\n- (d) culture.\n- (a) a chairperson, who is the councillor for the division; and\n- (b) at least 3, but not more than 7, appointed members.\n- (a) the name of the community forum;\n- (b) the names of the members of the community forum.\n- (a) on the indigenous regional council’s website; and\n- (b) in other ways the council considers appropriate.","sortOrder":129},{"sectionNumber":"sec.88","sectionType":"section","heading":"Members of a community forum","content":"### sec.88 Members of a community forum\n\nThis section is about the members of a community forum.\nA person is appointed as a member of a community forum (other than as chairperson)—\nby a resolution of the indigenous regional council for the forum; and\nunder a merits based selection process conducted by the indigenous regional council for the forum after a call for expressions of interest in appointment is advertised—\non the indigenous regional council’s website; and\nin other ways the council considers appropriate.\nA person is not qualified to be appointed as a member if the person is the mayor of the indigenous regional council.\nA person stops being a member if the person—\nresigns by signed notice of resignation given to the indigenous regional council for the community forum; or\ncompletes a term of office and is not re-appointed.\ns 88 amd 2011 No. 27 s 269 ; 2023 No. 30 s 31\n(sec.88-ssec.1) This section is about the members of a community forum.\n(sec.88-ssec.2) A person is appointed as a member of a community forum (other than as chairperson)— by a resolution of the indigenous regional council for the forum; and under a merits based selection process conducted by the indigenous regional council for the forum after a call for expressions of interest in appointment is advertised— on the indigenous regional council’s website; and in other ways the council considers appropriate.\n(sec.88-ssec.3) A person is not qualified to be appointed as a member if the person is the mayor of the indigenous regional council.\n(sec.88-ssec.4) A person stops being a member if the person— resigns by signed notice of resignation given to the indigenous regional council for the community forum; or completes a term of office and is not re-appointed.\n- (a) by a resolution of the indigenous regional council for the forum; and\n- (b) under a merits based selection process conducted by the indigenous regional council for the forum after a call for expressions of interest in appointment is advertised— (i) on the indigenous regional council’s website; and (ii) in other ways the council considers appropriate.\n- (i) on the indigenous regional council’s website; and\n- (ii) in other ways the council considers appropriate.\n- (i) on the indigenous regional council’s website; and\n- (ii) in other ways the council considers appropriate.\n- (a) resigns by signed notice of resignation given to the indigenous regional council for the community forum; or\n- (b) completes a term of office and is not re-appointed.","sortOrder":130},{"sectionNumber":"sec.89","sectionType":"section","heading":"Payments to appointed members of a community forum","content":"### sec.89 Payments to appointed members of a community forum\n\nAn appointed member of a community forum is not entitled to be paid any remuneration.\nHowever, an indigenous regional council may authorise—\nthe payment of the expenses incurred, or to be incurred, by the appointed members of a community forum; or\nthe provision of facilities to the appointed members of a community forum.\ns 89 amd 2011 No. 27 s 270\n(sec.89-ssec.1) An appointed member of a community forum is not entitled to be paid any remuneration.\n(sec.89-ssec.2) However, an indigenous regional council may authorise— the payment of the expenses incurred, or to be incurred, by the appointed members of a community forum; or the provision of facilities to the appointed members of a community forum.\n- (a) the payment of the expenses incurred, or to be incurred, by the appointed members of a community forum; or\n- (b) the provision of facilities to the appointed members of a community forum.","sortOrder":131},{"sectionNumber":"sec.90","sectionType":"section","heading":null,"content":"### Section sec.90\n\ns 90 om 2011 No. 27 s 271","sortOrder":132},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Caretaker period arrangements","content":"# Caretaker period arrangements","sortOrder":133},{"sectionNumber":"sec.90A","sectionType":"section","heading":"Caretaker period","content":"### sec.90A Caretaker period\n\nThe caretaker period for a local government is the period during an election for the local government that—\nstarts on the day when public notice of the holding of the election is given under the Local Government Electoral Act , section 25 (1) ; and\nends at the conclusion of the election.\nThere is no caretaker period during a by-election or fresh election.\ns 90A ins 2011 No. 27 s 272\namd 2013 No. 60 s 11A ; 2014 No. 44 s 113 sch 1\n(sec.90A-ssec.1) The caretaker period for a local government is the period during an election for the local government that— starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act , section 25 (1) ; and ends at the conclusion of the election.\n(sec.90A-ssec.2) There is no caretaker period during a by-election or fresh election.\n- (a) starts on the day when public notice of the holding of the election is given under the Local Government Electoral Act , section 25 (1) ; and\n- (b) ends at the conclusion of the election.","sortOrder":134},{"sectionNumber":"sec.90B","sectionType":"section","heading":"Prohibition on major policy decisions during caretaker period","content":"### sec.90B Prohibition on major policy decisions during caretaker period\n\nA local government must not make a major policy decision during a caretaker period for the local government.\ns 90B ins 2011 No. 27 s 272\nsub 2026 No. 5 s 52","sortOrder":135},{"sectionNumber":"sec.90BA","sectionType":"section","heading":"Approval to make major policy decisions in exceptional circumstances","content":"### sec.90BA Approval to make major policy decisions in exceptional circumstances\n\nThis section applies if a local government considers that, because exceptional circumstances exist, it is necessary and in the public interest to make a major policy decision during a caretaker period for the local government.\nThe local government may apply to the Minister for approval to make the major policy decision during the caretaker period.\nThe Minister may give the approval if the Minister is satisfied that, because exceptional circumstances exist, it is necessary and in the public interest for the local government to make the major policy decision during the caretaker period.\nThe approval may be given on conditions with which the local government must comply.\nDespite section 90B , the local government may make the major policy decision in accordance with the approval.\ns 90BA ins 2026 No. 5 s 52\n(sec.90BA-ssec.1) This section applies if a local government considers that, because exceptional circumstances exist, it is necessary and in the public interest to make a major policy decision during a caretaker period for the local government.\n(sec.90BA-ssec.2) The local government may apply to the Minister for approval to make the major policy decision during the caretaker period.\n(sec.90BA-ssec.3) The Minister may give the approval if the Minister is satisfied that, because exceptional circumstances exist, it is necessary and in the public interest for the local government to make the major policy decision during the caretaker period.\n(sec.90BA-ssec.4) The approval may be given on conditions with which the local government must comply.\n(sec.90BA-ssec.5) Despite section 90B , the local government may make the major policy decision in accordance with the approval.","sortOrder":136},{"sectionNumber":"sec.90BB","sectionType":"section","heading":"Approval to make major policy decisions related to disaster recovery funding arrangements","content":"### sec.90BB Approval to make major policy decisions related to disaster recovery funding arrangements\n\nThis section applies if—\nduring a caretaker period for a local government, the local government’s local government area is eligible for assistance under the disaster recovery funding arrangements; and\nthe Minister considers it is necessary for the local government to make major policy decisions during the caretaker period to achieve the objectives of the disaster recovery funding arrangements.\nThe Minister may give approval to the local government to make the major policy decisions.\nThe approval may state—\nthe types of major policy decisions that may be made by the local government; and\nthat the decisions may be made by the local government only in relation to a stated matter.\nThe approval may be given on conditions with which the local government must comply.\nDespite section 90B , the local government may make major policy decisions in accordance with the approval.\nIn this section—\ndisaster recovery funding arrangements means the funding arrangements jointly administered by the State and Commonwealth that are known as the ‘Disaster Recovery Funding Arrangements’.\ns 90BB ins 2026 No. 5 s 52\n(sec.90BB-ssec.1) This section applies if— during a caretaker period for a local government, the local government’s local government area is eligible for assistance under the disaster recovery funding arrangements; and the Minister considers it is necessary for the local government to make major policy decisions during the caretaker period to achieve the objectives of the disaster recovery funding arrangements.\n(sec.90BB-ssec.2) The Minister may give approval to the local government to make the major policy decisions.\n(sec.90BB-ssec.3) The approval may state— the types of major policy decisions that may be made by the local government; and that the decisions may be made by the local government only in relation to a stated matter.\n(sec.90BB-ssec.4) The approval may be given on conditions with which the local government must comply.\n(sec.90BB-ssec.5) Despite section 90B , the local government may make major policy decisions in accordance with the approval.\n(sec.90BB-ssec.6) In this section— disaster recovery funding arrangements means the funding arrangements jointly administered by the State and Commonwealth that are known as the ‘Disaster Recovery Funding Arrangements’.\n- (a) during a caretaker period for a local government, the local government’s local government area is eligible for assistance under the disaster recovery funding arrangements; and\n- (b) the Minister considers it is necessary for the local government to make major policy decisions during the caretaker period to achieve the objectives of the disaster recovery funding arrangements.\n- (a) the types of major policy decisions that may be made by the local government; and\n- (b) that the decisions may be made by the local government only in relation to a stated matter.","sortOrder":137},{"sectionNumber":"sec.90C","sectionType":"section","heading":"Invalidity of major policy decision in caretaker period without approval","content":"### sec.90C Invalidity of major policy decision in caretaker period without approval\n\nA major policy decision made by a local government during a caretaker period for the local government is invalid to the extent the local government—\ndoes not have the Minister’s approval under section 90BA or 90BB to make the decision; or\ndoes not comply with any conditions of the approval under section 90BA (4) or 90BB (4) .\nA contract is void if it is the subject of a major policy decision that is invalid.\nA person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the local government for the loss or damage.\nThe person may bring a proceeding to recover the compensation in a court of competent jurisdiction.\ns 90C ins 2011 No. 27 s 272\namd 2026 No. 5 s 141 sch 1 pt 1\n(sec.90C-ssec.1) A major policy decision made by a local government during a caretaker period for the local government is invalid to the extent the local government— does not have the Minister’s approval under section 90BA or 90BB to make the decision; or does not comply with any conditions of the approval under section 90BA (4) or 90BB (4) .\n(sec.90C-ssec.2) A contract is void if it is the subject of a major policy decision that is invalid.\n(sec.90C-ssec.3) A person who acts in good faith in relation to a major policy decision of a local government, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision under subsection (1) or because the contract is void under subsection (2) , has a right to be compensated by the local government for the loss or damage.\n(sec.90C-ssec.4) The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.\n- (a) does not have the Minister’s approval under section 90BA or 90BB to make the decision; or\n- (b) does not comply with any conditions of the approval under section 90BA (4) or 90BB (4) .","sortOrder":138},{"sectionNumber":"sec.90D","sectionType":"section","heading":"Prohibition on election material in caretaker period","content":"### sec.90D Prohibition on election material in caretaker period\n\nA local government or a controlled entity of a local government must not, during a caretaker period for the local government, publish or distribute election material.\nElection material is anything able to, or intended to—\ninfluence an elector about voting at an election; or\naffect the result of an election.\na fact sheet or newsletter that raises the profile of a councillor\nThe prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act , section 179 (6) .\nIn this section—\ncontrol means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.\ncontrolled entity , of a local government, means an entity subject to the control of either or both of the following—\nthe local government;\nanother entity subject to the control of the local government.\ns 90D ins 2011 No. 27 s 272\namd 2015 No. 25 s 5 ; 2019 No. 30 s 60 ; 2026 No. 5 s 141 sch 1 pt 1\n(sec.90D-ssec.1) A local government or a controlled entity of a local government must not, during a caretaker period for the local government, publish or distribute election material.\n(sec.90D-ssec.2) Election material is anything able to, or intended to— influence an elector about voting at an election; or affect the result of an election. a fact sheet or newsletter that raises the profile of a councillor\n(sec.90D-ssec.3) The prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act , section 179 (6) .\n(sec.90D-ssec.4) In this section— control means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives. controlled entity , of a local government, means an entity subject to the control of either or both of the following— the local government; another entity subject to the control of the local government.\n- (a) influence an elector about voting at an election; or\n- (b) affect the result of an election. Examples— a fact sheet or newsletter that raises the profile of a councillor\n- (a) the local government;\n- (b) another entity subject to the control of the local government.","sortOrder":139},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Rates and charges","content":"# Rates and charges","sortOrder":140},{"sectionNumber":"sec.91","sectionType":"section","heading":"What this part is about","content":"### sec.91 What this part is about\n\nThis part is about rates and charges.\nRates and charges are levies that a local government imposes—\non land; and\nfor a service, facility or activity that is supplied or undertaken by—\nthe local government; or\nsomeone on behalf of the local government (including a garbage collection contractor, for example).\n(sec.91-ssec.1) This part is about rates and charges.\n(sec.91-ssec.2) Rates and charges are levies that a local government imposes— on land; and for a service, facility or activity that is supplied or undertaken by— the local government; or someone on behalf of the local government (including a garbage collection contractor, for example).\n- (a) on land; and\n- (b) for a service, facility or activity that is supplied or undertaken by— (i) the local government; or (ii) someone on behalf of the local government (including a garbage collection contractor, for example).\n- (i) the local government; or\n- (ii) someone on behalf of the local government (including a garbage collection contractor, for example).\n- (i) the local government; or\n- (ii) someone on behalf of the local government (including a garbage collection contractor, for example).","sortOrder":141},{"sectionNumber":"sec.92","sectionType":"section","heading":"Types of rates and charges","content":"### sec.92 Types of rates and charges\n\nThere are 4 types of rates and charges—\ngeneral rates (including differential rates); and\nspecial rates and charges; and\nutility charges; and\nseparate rates and charges.\nGeneral rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person).\nGeneral rates contribute to the cost of roads and library services that benefit the community in general.\nSpecial rates and charges are for services, facilities and activities that have a special association with particular land because—\nthe land or its occupier—\nspecially benefits from the service, facility or activity; or\nhas or will have special access to the service, facility or activity; or\nthe land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\nthe occupier of the land specially contributes to the need for the service, facility or activity.\nSpecial rates and charges could be levied—\nfor the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles\nfor the cost of replacing the drainage system in only part of the local government area\non land that is used only by businesses that would benefit from the promotion of tourism in the local government area.\nUtility charges are for a service, facility or activity for any of the following utilities—\nwaste management;\ngas;\nsewerage;\nwater.\nSeparate rates and charges are for any other service, facility or activity.\n(sec.92-ssec.1) There are 4 types of rates and charges— general rates (including differential rates); and special rates and charges; and utility charges; and separate rates and charges.\n(sec.92-ssec.2) General rates are for services, facilities and activities that are supplied or undertaken for the benefit of the community in general (rather than a particular person). General rates contribute to the cost of roads and library services that benefit the community in general.\n(sec.92-ssec.3) Special rates and charges are for services, facilities and activities that have a special association with particular land because— the land or its occupier— specially benefits from the service, facility or activity; or has or will have special access to the service, facility or activity; or the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or the occupier of the land specially contributes to the need for the service, facility or activity. Special rates and charges could be levied— for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles for the cost of replacing the drainage system in only part of the local government area on land that is used only by businesses that would benefit from the promotion of tourism in the local government area.\n(sec.92-ssec.4) Utility charges are for a service, facility or activity for any of the following utilities— waste management; gas; sewerage; water.\n(sec.92-ssec.5) Separate rates and charges are for any other service, facility or activity.\n- (a) general rates (including differential rates); and\n- (b) special rates and charges; and\n- (c) utility charges; and\n- (d) separate rates and charges.\n- (a) the land or its occupier— (i) specially benefits from the service, facility or activity; or (ii) has or will have special access to the service, facility or activity; or\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- (b) the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\n- (c) the occupier of the land specially contributes to the need for the service, facility or activity.\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- • for the cost of maintaining a road in an industrial area that is regularly used by heavy vehicles\n- • for the cost of replacing the drainage system in only part of the local government area\n- • on land that is used only by businesses that would benefit from the promotion of tourism in the local government area.\n- (a) waste management;\n- (b) gas;\n- (c) sewerage;\n- (d) water.","sortOrder":142},{"sectionNumber":"sec.93","sectionType":"section","heading":"Land on which rates are levied","content":"### sec.93 Land on which rates are levied\n\nRates may be levied on rateable land.\nRateable land is any land or building unit, in the local government area, that is not exempted from rates.\nThe following land is exempted from rates—\nunallocated State land within the meaning of the Land Act ;\nland that is occupied by the State or a government entity, unless—\nthe government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or\nthe land is leased to the State or a government entity by someone who is not the State or a government entity;\nland in a state forest or timber reserve, other than land occupied under—\nan occupation permit or stock grazing permit under the Forestry Act ; or\na lease under the Land Act ;\nAboriginal land under the Aboriginal Land Act 1991 , or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 , other than a part of the land that is used for commercial or residential purposes;\nthe following land under the Transport Infrastructure Act —\nstrategic port land that is occupied by a port authority, the State, or a government entity;\nstrategic port land that is occupied by a wholly owned subsidiary of a port authority, and is used in connection with the Cairns International Airport or Mackay Airport;\nexisting or new rail corridor land;\ncommercial corridor land that is not subject to a lease;\nairport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge;\nland that is owned or held by a local government unless the land is leased by the local government to someone other than another local government;\nland that is—\nprimarily used for showgrounds or horseracing; and\nexempted from rating by resolution of a local government;\nland that is exempted from rating, by resolution of a local government, for charitable purposes;\nland that is exempted from rating under—\nanother Act; or\na regulation, for religious, charitable, educational or other public purposes.\nThe land mentioned in subsection (3) (f) stops being exempted land when either of the following events first happens—\na development permit under the Planning Act comes into force for the land for a use that is not mentioned in subsection (3) (f) ;\ndevelopment within the meaning of the Planning Act (other than reconfiguring a lot) starts for a use that is not mentioned in subsection (3) (f) .\ns 93 amd 2009 No. 36 s 872 sch 2 ; 2010 No. 23 s 289 ; 2016 No. 27 s 313\n(sec.93-ssec.1) Rates may be levied on rateable land.\n(sec.93-ssec.2) Rateable land is any land or building unit, in the local government area, that is not exempted from rates.\n(sec.93-ssec.3) The following land is exempted from rates— unallocated State land within the meaning of the Land Act ; land that is occupied by the State or a government entity, unless— the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or the land is leased to the State or a government entity by someone who is not the State or a government entity; land in a state forest or timber reserve, other than land occupied under— an occupation permit or stock grazing permit under the Forestry Act ; or a lease under the Land Act ; Aboriginal land under the Aboriginal Land Act 1991 , or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 , other than a part of the land that is used for commercial or residential purposes; the following land under the Transport Infrastructure Act — strategic port land that is occupied by a port authority, the State, or a government entity; strategic port land that is occupied by a wholly owned subsidiary of a port authority, and is used in connection with the Cairns International Airport or Mackay Airport; existing or new rail corridor land; commercial corridor land that is not subject to a lease; airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge; land that is owned or held by a local government unless the land is leased by the local government to someone other than another local government; land that is— primarily used for showgrounds or horseracing; and exempted from rating by resolution of a local government; land that is exempted from rating, by resolution of a local government, for charitable purposes; land that is exempted from rating under— another Act; or a regulation, for religious, charitable, educational or other public purposes.\n(sec.93-ssec.4) The land mentioned in subsection (3) (f) stops being exempted land when either of the following events first happens— a development permit under the Planning Act comes into force for the land for a use that is not mentioned in subsection (3) (f) ; development within the meaning of the Planning Act (other than reconfiguring a lot) starts for a use that is not mentioned in subsection (3) (f) .\n- (a) unallocated State land within the meaning of the Land Act ;\n- (b) land that is occupied by the State or a government entity, unless— (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity;\n- (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or\n- (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity;\n- (c) land in a state forest or timber reserve, other than land occupied under— (i) an occupation permit or stock grazing permit under the Forestry Act ; or (ii) a lease under the Land Act ;\n- (i) an occupation permit or stock grazing permit under the Forestry Act ; or\n- (ii) a lease under the Land Act ;\n- (d) Aboriginal land under the Aboriginal Land Act 1991 , or Torres Strait Islander land under the Torres Strait Islander Land Act 1991 , other than a part of the land that is used for commercial or residential purposes;\n- (e) the following land under the Transport Infrastructure Act — (i) strategic port land that is occupied by a port authority, the State, or a government entity; (ii) strategic port land that is occupied by a wholly owned subsidiary of a port authority, and is used in connection with the Cairns International Airport or Mackay Airport; (iii) existing or new rail corridor land; (iv) commercial corridor land that is not subject to a lease;\n- (i) strategic port land that is occupied by a port authority, the State, or a government entity;\n- (ii) strategic port land that is occupied by a wholly owned subsidiary of a port authority, and is used in connection with the Cairns International Airport or Mackay Airport;\n- (iii) existing or new rail corridor land;\n- (iv) commercial corridor land that is not subject to a lease;\n- (f) airport land, within the meaning of the Airport Assets (Restructuring and Disposal) Act 2008 , that is used for a runway, taxiway, apron, road, vacant land, buffer zone or grass verge;\n- (g) land that is owned or held by a local government unless the land is leased by the local government to someone other than another local government;\n- (h) land that is— (i) primarily used for showgrounds or horseracing; and (ii) exempted from rating by resolution of a local government;\n- (i) primarily used for showgrounds or horseracing; and\n- (ii) exempted from rating by resolution of a local government;\n- (i) land that is exempted from rating, by resolution of a local government, for charitable purposes;\n- (j) land that is exempted from rating under— (i) another Act; or (ii) a regulation, for religious, charitable, educational or other public purposes.\n- (i) another Act; or\n- (ii) a regulation, for religious, charitable, educational or other public purposes.\n- (i) the government entity is a GOC or its subsidiary (within the meaning of the Government Owned Corporations Act 1993 ) and the government entity is not exempt from paying rates; or\n- (ii) the land is leased to the State or a government entity by someone who is not the State or a government entity;\n- (i) an occupation permit or stock grazing permit under the Forestry Act ; or\n- (ii) a lease under the Land Act ;\n- (i) strategic port land that is occupied by a port authority, the State, or a government entity;\n- (ii) strategic port land that is occupied by a wholly owned subsidiary of a port authority, and is used in connection with the Cairns International Airport or Mackay Airport;\n- (iii) existing or new rail corridor land;\n- (iv) commercial corridor land that is not subject to a lease;\n- (i) primarily used for showgrounds or horseracing; and\n- (ii) exempted from rating by resolution of a local government;\n- (i) another Act; or\n- (ii) a regulation, for religious, charitable, educational or other public purposes.\n- (a) a development permit under the Planning Act comes into force for the land for a use that is not mentioned in subsection (3) (f) ;\n- (b) development within the meaning of the Planning Act (other than reconfiguring a lot) starts for a use that is not mentioned in subsection (3) (f) .","sortOrder":143},{"sectionNumber":"sec.94","sectionType":"section","heading":"Power to levy rates and charges","content":"### sec.94 Power to levy rates and charges\n\nSubject to section 94A , each local government—\nmust levy general rates on all rateable land within the local government area; and\nmay levy—\nspecial rates and charges; and\nutility charges; and\nseparate rates and charges.\nWithout limiting subsection (1) , a local government may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner.\nA local government must decide, by resolution at the local government’s budget meeting for a financial year, what rates and charges are to be levied for that financial year.\ns 94 amd 2014 No. 36 s 55F ; 2026 No. 5 s 53\n(sec.94-ssec.1) Subject to section 94A , each local government— must levy general rates on all rateable land within the local government area; and may levy— special rates and charges; and utility charges; and separate rates and charges.\n(sec.94-ssec.1A) Without limiting subsection (1) , a local government may categorise rateable land, and decide differential rates for rateable land, according to whether or not the land is the principal place of residence of the owner.\n(sec.94-ssec.2) A local government must decide, by resolution at the local government’s budget meeting for a financial year, what rates and charges are to be levied for that financial year.\n- (a) must levy general rates on all rateable land within the local government area; and\n- (b) may levy— (i) special rates and charges; and (ii) utility charges; and (iii) separate rates and charges.\n- (i) special rates and charges; and\n- (ii) utility charges; and\n- (iii) separate rates and charges.\n- (i) special rates and charges; and\n- (ii) utility charges; and\n- (iii) separate rates and charges.","sortOrder":144},{"sectionNumber":"sec.94A","sectionType":"section","heading":"Limitation on power to levy rates for particular local governments","content":"### sec.94A Limitation on power to levy rates for particular local governments\n\nA regulation may prescribe any of the following local governments as a local government to which this section applies—\nAurukun Shire Council;\nMornington Shire Council;\nan indigenous local government.\nA local government prescribed under subsection (1) must not levy general, special or separate rates.\nThe Minister may recommend to the Governor in Council the making of a regulation under subsection (1) in relation to a local government only if the Minister considers it would be impracticable for the local government to levy rates on rateable land in the local government’s area.\ns 94A prev s 94A ins 2020 No. 16 s 43\nexp 30 June 2021 (see prev s 94A(9))\npres s 94A ins 2026 No. 5 s 54\n(sec.94A-ssec.1) A regulation may prescribe any of the following local governments as a local government to which this section applies— Aurukun Shire Council; Mornington Shire Council; an indigenous local government.\n(sec.94A-ssec.2) A local government prescribed under subsection (1) must not levy general, special or separate rates.\n(sec.94A-ssec.3) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) in relation to a local government only if the Minister considers it would be impracticable for the local government to levy rates on rateable land in the local government’s area.\n- (a) Aurukun Shire Council;\n- (b) Mornington Shire Council;\n- (c) an indigenous local government.","sortOrder":145},{"sectionNumber":"sec.94B","sectionType":"section","heading":null,"content":"### Section sec.94B\n\ns 94B ins 2021 No. 8 s 24\nexp 30 June 2022 (see s 94B(9))","sortOrder":146},{"sectionNumber":"sec.95","sectionType":"section","heading":"Overdue rates and charges are a charge over rateable land","content":"### sec.95 Overdue rates and charges are a charge over rateable land\n\nThis section applies if the owner of rateable land owes a local government for overdue rates and charges.\nThe overdue rates and charges are a charge on the land.\nThe local government may register the charge over the land by lodging the following documents with the registrar of titles—\na request to register the charge over the land, in the appropriate form;\na certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.\nAfter the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of—\nthe State; or\na government entity.\nIf the overdue rates and charges are paid, the local government must lodge the following documents with the registrar of titles—\na request to release the charge over the land, in the appropriate form;\na certificate signed by the chief executive officer that states the overdue rates and charges have been paid.\nThis section does not limit any other remedy that the local government has to recover the overdue rates and charges (including selling the land, for example).\ns 95 amd 2010 No. 23 s 290\n(sec.95-ssec.1) This section applies if the owner of rateable land owes a local government for overdue rates and charges.\n(sec.95-ssec.2) The overdue rates and charges are a charge on the land.\n(sec.95-ssec.3) The local government may register the charge over the land by lodging the following documents with the registrar of titles— a request to register the charge over the land, in the appropriate form; a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.\n(sec.95-ssec.4) After the charge is registered over the land, the charge has priority over any other encumbrances over the land, other than encumbrances in favour of— the State; or a government entity.\n(sec.95-ssec.5) If the overdue rates and charges are paid, the local government must lodge the following documents with the registrar of titles— a request to release the charge over the land, in the appropriate form; a certificate signed by the chief executive officer that states the overdue rates and charges have been paid.\n(sec.95-ssec.6) This section does not limit any other remedy that the local government has to recover the overdue rates and charges (including selling the land, for example).\n- (a) a request to register the charge over the land, in the appropriate form;\n- (b) a certificate signed by the chief executive officer that states there is a charge over the land for overdue rates and charges.\n- (a) the State; or\n- (b) a government entity.\n- (a) a request to release the charge over the land, in the appropriate form;\n- (b) a certificate signed by the chief executive officer that states the overdue rates and charges have been paid.","sortOrder":147},{"sectionNumber":"sec.96","sectionType":"section","heading":"Regulations for rates and charges","content":"### sec.96 Regulations for rates and charges\n\nA regulation may provide for any matter connected with rates and charges, including for example—\nconcessions; and\nthe categorisation of land for rates and charges; and\nthe process for recovering overdue rates and charges, including by the sale of the land to which the rates and charges relate.\n- (a) concessions; and\n- (b) the categorisation of land for rates and charges; and\n- (c) the process for recovering overdue rates and charges, including by the sale of the land to which the rates and charges relate.","sortOrder":148},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":149},{"sectionNumber":"sec.97","sectionType":"section","heading":"Cost-recovery fees","content":"### sec.97 Cost-recovery fees\n\nA local government may, under a local law or a resolution, fix a cost-recovery fee.\nA cost-recovery fee is a fee for—\nan application for the issue or renewal of a licence, permit, registration or other approval under a Local Government Act (an application fee ); or\nrecording a change of ownership of land; or\ngiving information kept under a Local Government Act ; or\nseizing property or animals under a Local Government Act ; or\ndoing an activity mentioned in the Planning Act , section 106ZM (1) ; or\nthe performance of another responsibility imposed on the local government under the Building Act or the Plumbing and Drainage Act .\nA local law or resolution for subsection (2) (d) , (da) or (e) must state—\nthe entity liable to pay the cost-recovery fee; and\nthe time within which the fee must be paid.\nA cost-recovery fee must not be more than the cost to the local government of taking the action for which the fee is charged.\nHowever, an application fee may also include a tax—\nin the circumstances and for a purpose prescribed under a regulation; and\nif the local government decides, by resolution, that the purpose of the tax benefits its local government area.\nThe local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax.\nIf an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land.\nA local government may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law.\ns 97 amd 2010 No. 23 s 291 ; 2025 No. 14 s 7\n(sec.97-ssec.1) A local government may, under a local law or a resolution, fix a cost-recovery fee.\n(sec.97-ssec.2) A cost-recovery fee is a fee for— an application for the issue or renewal of a licence, permit, registration or other approval under a Local Government Act (an application fee ); or recording a change of ownership of land; or giving information kept under a Local Government Act ; or seizing property or animals under a Local Government Act ; or doing an activity mentioned in the Planning Act , section 106ZM (1) ; or the performance of another responsibility imposed on the local government under the Building Act or the Plumbing and Drainage Act .\n(sec.97-ssec.3) A local law or resolution for subsection (2) (d) , (da) or (e) must state— the entity liable to pay the cost-recovery fee; and the time within which the fee must be paid.\n(sec.97-ssec.4) A cost-recovery fee must not be more than the cost to the local government of taking the action for which the fee is charged.\n(sec.97-ssec.5) However, an application fee may also include a tax— in the circumstances and for a purpose prescribed under a regulation; and if the local government decides, by resolution, that the purpose of the tax benefits its local government area.\n(sec.97-ssec.6) The local law or resolution that fixes an application fee that includes a tax must state the amount, and the purpose, of the tax.\n(sec.97-ssec.7) If an application fee that includes a tax is payable in relation to land, the tax applies only in relation to land that is rateable land.\n(sec.97-ssec.8) A local government may fix a cost-recovery fee by resolution even if the fee had previously been fixed by a local law.\n- (a) an application for the issue or renewal of a licence, permit, registration or other approval under a Local Government Act (an application fee ); or\n- (b) recording a change of ownership of land; or\n- (c) giving information kept under a Local Government Act ; or\n- (d) seizing property or animals under a Local Government Act ; or\n- (da) doing an activity mentioned in the Planning Act , section 106ZM (1) ; or\n- (e) the performance of another responsibility imposed on the local government under the Building Act or the Plumbing and Drainage Act .\n- (a) the entity liable to pay the cost-recovery fee; and\n- (b) the time within which the fee must be paid.\n- (a) in the circumstances and for a purpose prescribed under a regulation; and\n- (b) if the local government decides, by resolution, that the purpose of the tax benefits its local government area.","sortOrder":150},{"sectionNumber":"sec.98","sectionType":"section","heading":"Register of cost-recovery fees","content":"### sec.98 Register of cost-recovery fees\n\nA local government must keep a register of its cost-recovery fees.\nThe register must state the paragraph of section 97 (2) under which the cost-recovery fee is fixed.\nAlso, the register must state—\nfor a cost-recovery fee under section 97 (2) (a) —the provision of the Local Government Act under which the licence, permit, registration or other approval is issued or renewed; or\nfor a cost-recovery fee under section 97 (2) (c) —the provision of the Local Government Act under which the information is kept; or\nfor a cost-recovery fee under section 97 (2) (d) —the provision of the Local Government Act under which the property or animals are seized; or\nfor a cost-recovery fee under section 97 (2) (da) —the activity, mentioned in the Planning Act , section 106ZM (1) , to which the fee relates; or\nfor a cost-recovery fee under section 97 (2) (e) —the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.\nThe public may inspect the register at the local government’s public office.\ns 98 amd 2025 No. 14 s 8\n(sec.98-ssec.1) A local government must keep a register of its cost-recovery fees.\n(sec.98-ssec.2) The register must state the paragraph of section 97 (2) under which the cost-recovery fee is fixed.\n(sec.98-ssec.3) Also, the register must state— for a cost-recovery fee under section 97 (2) (a) —the provision of the Local Government Act under which the licence, permit, registration or other approval is issued or renewed; or for a cost-recovery fee under section 97 (2) (c) —the provision of the Local Government Act under which the information is kept; or for a cost-recovery fee under section 97 (2) (d) —the provision of the Local Government Act under which the property or animals are seized; or for a cost-recovery fee under section 97 (2) (da) —the activity, mentioned in the Planning Act , section 106ZM (1) , to which the fee relates; or for a cost-recovery fee under section 97 (2) (e) —the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.\n(sec.98-ssec.4) The public may inspect the register at the local government’s public office.\n- (a) for a cost-recovery fee under section 97 (2) (a) —the provision of the Local Government Act under which the licence, permit, registration or other approval is issued or renewed; or\n- (b) for a cost-recovery fee under section 97 (2) (c) —the provision of the Local Government Act under which the information is kept; or\n- (c) for a cost-recovery fee under section 97 (2) (d) —the provision of the Local Government Act under which the property or animals are seized; or\n- (d) for a cost-recovery fee under section 97 (2) (da) —the activity, mentioned in the Planning Act , section 106ZM (1) , to which the fee relates; or\n- (e) for a cost-recovery fee under section 97 (2) (e) —the provision of the Building Act or the Plumbing and Drainage Act under which the responsibility is imposed.","sortOrder":151},{"sectionNumber":"sec.99","sectionType":"section","heading":"Fees on occupiers of land below the high-water mark","content":"### sec.99 Fees on occupiers of land below the high-water mark\n\nThis section applies to the occupier (other than the State or a government entity) of a structure that is on land that—\nis not rateable land, and therefore not subject to rates; and\nis in, or is adjoining, a local government area; and\nis below the high-water mark.\nThe high-water mark is the ordinary high-water mark at spring tides.\nThe local government for the local government area may, by resolution, levy a fee on the occupier of the structure for the use of the local government’s roads and other infrastructure.\nFor subsection (3) , fee includes a tax.\ns 99 amd 2010 No. 23 s 292\n(sec.99-ssec.1) This section applies to the occupier (other than the State or a government entity) of a structure that is on land that— is not rateable land, and therefore not subject to rates; and is in, or is adjoining, a local government area; and is below the high-water mark.\n(sec.99-ssec.2) The high-water mark is the ordinary high-water mark at spring tides.\n(sec.99-ssec.3) The local government for the local government area may, by resolution, levy a fee on the occupier of the structure for the use of the local government’s roads and other infrastructure.\n(sec.99-ssec.4) For subsection (3) , fee includes a tax.\n- (a) is not rateable land, and therefore not subject to rates; and\n- (b) is in, or is adjoining, a local government area; and\n- (c) is below the high-water mark.","sortOrder":152},{"sectionNumber":"sec.100","sectionType":"section","heading":"Fees on residents of particular local government areas","content":"### sec.100 Fees on residents of particular local government areas\n\nThis section applies to the following local governments—\nAurukun Shire Council;\nMornington Shire Council;\nan indigenous local government.\nA local government may, by resolution, levy a fee on residents of its local government area.\nThe local government may exempt a resident from paying the fee, if another amount is payable to the local government in relation to the property in which the resident resides.\ns 100 amd 2011 No. 26 s 110\n(sec.100-ssec.1) This section applies to the following local governments— Aurukun Shire Council; Mornington Shire Council; an indigenous local government.\n(sec.100-ssec.2) A local government may, by resolution, levy a fee on residents of its local government area.\n(sec.100-ssec.3) The local government may exempt a resident from paying the fee, if another amount is payable to the local government in relation to the property in which the resident resides.\n- (a) Aurukun Shire Council;\n- (b) Mornington Shire Council;\n- (c) an indigenous local government.","sortOrder":153},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Financial planning and accountability","content":"# Financial planning and accountability","sortOrder":154},{"sectionNumber":"sec.101","sectionType":"section","heading":"Statutory Bodies Financial Arrangements Act applies to local governments","content":"### sec.101 Statutory Bodies Financial Arrangements Act applies to local governments\n\nA local government is a statutory body for the Statutory Bodies Financial Arrangements Act .\nPart 2B of that Act sets out the way in which that Act affects a local government’s powers.\n(sec.101-ssec.1) A local government is a statutory body for the Statutory Bodies Financial Arrangements Act .\n(sec.101-ssec.2) Part 2B of that Act sets out the way in which that Act affects a local government’s powers.","sortOrder":155},{"sectionNumber":"sec.102","sectionType":"section","heading":null,"content":"### Section sec.102\n\ns 102 om 2012 No. 33 s 106","sortOrder":156},{"sectionNumber":"sec.103","sectionType":"section","heading":null,"content":"### Section sec.103\n\ns 103 om 2012 No. 33 s 106A","sortOrder":157},{"sectionNumber":"sec.104","sectionType":"section","heading":"Financial management systems","content":"### sec.104 Financial management systems\n\nTo ensure it is financially sustainable, a local government must establish a system of financial management that—\nensures regard is had to the sound contracting principles when entering into a contract for—\nthe supply of goods or services; or\nthe disposal of assets; and\ncomplies with subsections (5) to (7) .\nA local government is financially sustainable if the local government is able to maintain its financial capital and infrastructure capital over the long term.\nThe sound contracting principles are—\nvalue for money; and\nopen and effective competition; and\nthe development of competitive local business and industry; and\nenvironmental protection; and\nethical behaviour and fair dealing.\nA contract for the supply of goods or services includes a contract about carrying out work.\nThe system of financial management established by a local government must include—\nthe following financial planning documents prepared for the local government—\na corporate plan that incorporates community engagement;\na long-term asset management plan;\na long-term financial forecast;\nan annual budget including revenue statement;\nan annual operational plan; and\nthe following financial accountability documents prepared for the local government—\ngeneral purpose financial statements;\nasset registers;\nan annual report;\na report on the results of an annual review of the implementation of the annual operational plan; and\nthe following financial policies of the local government—\ninvestment policy;\ndebt policy;\nrevenue policy.\nA local government must ensure the financial policies of the local government are regularly reviewed and updated as necessary.\nA local government must carry out a review of the implementation of the annual operational plan annually.\nTo remove any doubt, it is declared that subsection (1) (a) does not require equal consideration to be given to each of the sound contracting principles.\ns 104 amd 2010 No. 23 s 293\nsub 2012 No. 33 s 107\namd 2020 No. 20 s 96A\n(sec.104-ssec.1) To ensure it is financially sustainable, a local government must establish a system of financial management that— ensures regard is had to the sound contracting principles when entering into a contract for— the supply of goods or services; or the disposal of assets; and complies with subsections (5) to (7) .\n(sec.104-ssec.2) A local government is financially sustainable if the local government is able to maintain its financial capital and infrastructure capital over the long term.\n(sec.104-ssec.3) The sound contracting principles are— value for money; and open and effective competition; and the development of competitive local business and industry; and environmental protection; and ethical behaviour and fair dealing.\n(sec.104-ssec.4) A contract for the supply of goods or services includes a contract about carrying out work.\n(sec.104-ssec.5) The system of financial management established by a local government must include— the following financial planning documents prepared for the local government— a corporate plan that incorporates community engagement; a long-term asset management plan; a long-term financial forecast; an annual budget including revenue statement; an annual operational plan; and the following financial accountability documents prepared for the local government— general purpose financial statements; asset registers; an annual report; a report on the results of an annual review of the implementation of the annual operational plan; and the following financial policies of the local government— investment policy; debt policy; revenue policy.\n(sec.104-ssec.6) A local government must ensure the financial policies of the local government are regularly reviewed and updated as necessary.\n(sec.104-ssec.7) A local government must carry out a review of the implementation of the annual operational plan annually.\n(sec.104-ssec.8) To remove any doubt, it is declared that subsection (1) (a) does not require equal consideration to be given to each of the sound contracting principles.\n- (a) ensures regard is had to the sound contracting principles when entering into a contract for— (i) the supply of goods or services; or (ii) the disposal of assets; and\n- (i) the supply of goods or services; or\n- (ii) the disposal of assets; and\n- (b) complies with subsections (5) to (7) .\n- (i) the supply of goods or services; or\n- (ii) the disposal of assets; and\n- (a) value for money; and\n- (b) open and effective competition; and\n- (c) the development of competitive local business and industry; and\n- (d) environmental protection; and\n- (e) ethical behaviour and fair dealing.\n- (a) the following financial planning documents prepared for the local government— (i) a corporate plan that incorporates community 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\n- (i) a corporate plan that incorporates community engagement;\n- (ii) a long-term asset management plan;\n- (iii) a long-term financial forecast;\n- (iv) an annual budget including revenue statement;\n- (v) an annual operational plan; and\n- (b) the following financial accountability documents prepared 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 the implementation of the annual operational plan; and\n- (i) general purpose financial statements;\n- (ii) asset registers;\n- (iii) an annual report;\n- (iv) a report on the results of an annual review of the implementation of the annual operational plan; and\n- (c) the following financial policies of the local government— (i) investment policy; (ii) debt policy; (iii) revenue policy.\n- (i) investment policy;\n- (ii) debt policy;\n- (iii) revenue policy.\n- (i) a corporate plan that incorporates community engagement;\n- (ii) a long-term asset management plan;\n- (iii) a long-term financial forecast;\n- (iv) an annual budget including revenue statement;\n- (v) an annual operational plan; and\n- (i) general purpose financial statements;\n- (ii) asset registers;\n- (iii) an annual report;\n- (iv) a report on the results of an annual review of the implementation of the annual operational plan; and\n- (i) investment policy;\n- (ii) debt policy;\n- (iii) revenue policy.","sortOrder":158},{"sectionNumber":"sec.105","sectionType":"section","heading":"Auditing, including internal auditing","content":"### sec.105 Auditing, including internal auditing\n\nEach local government must establish an efficient and effective internal audit function.\nEach large local government must also establish an audit committee.\nA large local government is a local government that belongs to a class prescribed under a regulation.\nAn audit committee is a committee that—\nmonitors and reviews—\nthe integrity of financial documents; and\nthe internal audit function; and\nthe effectiveness and objectivity of the local government’s internal auditors; and\nmakes recommendations to the local government about any matters that the audit committee considers need action or improvement.\ns 105 amd 2010 No. 23 s 294 ; 2012 No. 33 s 107A\n(sec.105-ssec.1) Each local government must establish an efficient and effective internal audit function.\n(sec.105-ssec.2) Each large local government must also establish an audit committee.\n(sec.105-ssec.3) A large local government is a local government that belongs to a class prescribed under a regulation.\n(sec.105-ssec.4) An audit committee is a committee that— monitors and reviews— the integrity of financial documents; and the internal audit function; and the effectiveness and objectivity of the local government’s internal auditors; and makes recommendations to the local government about any matters that the audit committee considers need action or improvement.\n- (a) monitors and reviews— (i) the integrity of financial documents; and (ii) the internal audit function; and (iii) the effectiveness and objectivity of the local government’s internal auditors; and\n- (i) the integrity of financial documents; and\n- (ii) the internal audit function; and\n- (iii) the effectiveness and objectivity of the local government’s internal auditors; and\n- (b) makes recommendations to the local government about any matters that the audit committee considers need action or improvement.\n- (i) the integrity of financial documents; and\n- (ii) the internal audit function; and\n- (iii) the effectiveness and objectivity of the local government’s internal auditors; and","sortOrder":159},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2012 No. 33 s 108","sortOrder":160},{"sectionNumber":"sec.107","sectionType":"section","heading":"Insurance","content":"### sec.107 Insurance\n\nA local government must maintain the following insurance—\npublic liability insurance;\nprofessional indemnity insurance.\nThe insurance must be for at least the amount required under a regulation.\nA local government may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors.\nFor that purpose, a councillor’s role includes attending—\nmeetings of the local government or its committees that the councillor is entitled or asked to attend; and\nmeetings for a resident of the local government area; and\nconferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the local government; and\nofficial functions organised for the local government.\n(sec.107-ssec.1) A local government must maintain the following insurance— public liability insurance; professional indemnity insurance.\n(sec.107-ssec.2) The insurance must be for at least the amount required under a regulation.\n(sec.107-ssec.3) A local government may enter into a contract of insurance with WorkCover Queensland, or another insurer, to cover its councillors.\n(sec.107-ssec.4) For that purpose, a councillor’s role includes attending— meetings of the local government or its committees that the councillor is entitled or asked to attend; and meetings for a resident of the local government area; and conferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the local government; and official functions organised for the local government.\n- (a) public liability insurance;\n- (b) professional indemnity insurance.\n- (a) meetings of the local government or its committees that the councillor is entitled or asked to attend; and\n- (b) meetings for a resident of the local government area; and\n- (c) conferences, deputations, inspections and meetings at which the councillor’s attendance is permitted by the local government; and\n- (d) official functions organised for the local government.","sortOrder":161},{"sectionNumber":"sec.107A","sectionType":"section","heading":null,"content":"### Section sec.107A\n\ns 107A ins 2012 No. 33 s 109\nom 2019 No. 30 s 142","sortOrder":162},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Councillor’s financial accountability","content":"# Councillor’s financial accountability","sortOrder":163},{"sectionNumber":"sec.108","sectionType":"section","heading":"What this part is about","content":"### sec.108 What this part is about\n\nThis part is about councillors’ financial accountability.\ns 108 sub 2010 No. 23 s 295","sortOrder":164},{"sectionNumber":"sec.109","sectionType":"section","heading":"Councillor’s discretionary funds","content":"### sec.109 Councillor’s discretionary funds\n\nA councillor must ensure that the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation.\nDiscretionary funds are funds in the local government’s operating fund that are—\nbudgeted for community purposes; and\nallocated by a councillor at the councillor’s discretion.\ns 109 amd 2012 No. 33 s 110\n(sec.109-ssec.1) A councillor must ensure that the councillor’s discretionary funds are used in accordance with the requirements prescribed under a regulation.\n(sec.109-ssec.2) Discretionary funds are funds in the local government’s operating fund that are— budgeted for community purposes; and allocated by a councillor at the councillor’s discretion.\n- (a) budgeted for community purposes; and\n- (b) allocated by a councillor at the councillor’s discretion.","sortOrder":165},{"sectionNumber":"sec.110","sectionType":"section","heading":"Councillors liable for improper disbursements","content":"### sec.110 Councillors liable for improper disbursements\n\nThis section applies if—\na local government disburses local government funds in a financial year; and\nthe disbursement—\nis not provided for in the local government’s budget for the financial year; and\nis made without the approval of the local government by resolution.\nThe local government must, within 14 days after the disbursement is made, publish a notice of the disbursement—\non the local government’s website; and\nin other ways the local government considers appropriate.\nIf the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the local government—\nthe amount of the disbursement; and\ninterest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and\nany fees, charges, penalties or other expenses incurred by the local government in relation to the disbursement.\nThose amounts may be recovered as a debt payable to the local government.\ns 110 amd 2023 No. 30 s 32\n(sec.110-ssec.1) This section applies if— a local government disburses local government funds in a financial year; and the disbursement— is not provided for in the local government’s budget for the financial year; and is made without the approval of the local government by resolution.\n(sec.110-ssec.2) The local government must, within 14 days after the disbursement is made, publish a notice of the disbursement— on the local government’s website; and in other ways the local government considers appropriate.\n(sec.110-ssec.3) If the disbursement is not made for a genuine emergency or hardship, the councillors who knowingly agree to the disbursement are jointly and severally liable to pay the local government— the amount of the disbursement; and interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and any fees, charges, penalties or other expenses incurred by the local government in relation to the disbursement.\n(sec.110-ssec.4) Those amounts may be recovered as a debt payable to the local government.\n- (a) a local government disburses local government funds in a financial year; and\n- (b) the disbursement— (i) is not provided for in the local government’s budget for the financial year; and (ii) is made without the approval of the local government by resolution.\n- (i) is not provided for in the local government’s budget for the financial year; and\n- (ii) is made without the approval of the local government by resolution.\n- (i) is not provided for in the local government’s budget for the financial year; and\n- (ii) is made without the approval of the local government by resolution.\n- (a) on the local government’s website; and\n- (b) in other ways the local government considers appropriate.\n- (a) the amount of the disbursement; and\n- (b) interest on the amount of the disbursement, at the rate at which interest accrues on overdue rates, calculated from the day of the disbursement to the day of repayment; and\n- (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the disbursement.","sortOrder":166},{"sectionNumber":"sec.111","sectionType":"section","heading":"Councillors liable for loans to individuals","content":"### sec.111 Councillors liable for loans to individuals\n\nA local government must not, either directly or indirectly, make or guarantee a loan to an individual.\nGuarantee a loan includes provide a security in connection with a loan.\nThe councillors who knowingly agree to loan the money are jointly and severally liable to pay the local government—\nthe amount of the loan; and\ninterest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\nany fees, charges, penalties or other expenses incurred by the local government in relation to the loan.\nThose amounts may be recovered as a debt payable to the local government.\n(sec.111-ssec.1) A local government must not, either directly or indirectly, make or guarantee a loan to an individual.\n(sec.111-ssec.2) Guarantee a loan includes provide a security in connection with a loan.\n(sec.111-ssec.3) The councillors who knowingly agree to loan the money are jointly and severally liable to pay the local government— the amount of the loan; and interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the local government in relation to the loan.\n(sec.111-ssec.4) Those amounts may be recovered as a debt payable to the local government.\n- (a) the amount of the loan; and\n- (b) interest on the amount of the loan, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\n- (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the loan.","sortOrder":167},{"sectionNumber":"sec.112","sectionType":"section","heading":"Councillors liable for improper borrowings","content":"### sec.112 Councillors liable for improper borrowings\n\nThis section applies if a local government borrows money—\nfor a purpose that is not for the good rule and government of the local government area; or\nin contravention of this Act or the Statutory Bodies Financial Arrangements Act .\nThe councillors who knowingly agree to borrow the money are jointly and severally liable to pay the local government—\nthe amount borrowed; and\ninterest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\nany fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing.\nThose amounts may be recovered as a debt payable to the local government.\nThis section applies despite—\nthe fact that a security was issued for the borrowing; or\nthe Statutory Bodies Financial Arrangements Act .\n(sec.112-ssec.1) This section applies if a local government borrows money— for a purpose that is not for the good rule and government of the local government area; or in contravention of this Act or the Statutory Bodies Financial Arrangements Act .\n(sec.112-ssec.2) The councillors who knowingly agree to borrow the money are jointly and severally liable to pay the local government— the amount borrowed; and interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and any fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing.\n(sec.112-ssec.3) Those amounts may be recovered as a debt payable to the local government.\n(sec.112-ssec.4) This section applies despite— the fact that a security was issued for the borrowing; or the Statutory Bodies Financial Arrangements Act .\n- (a) for a purpose that is not for the good rule and government of the local government area; or\n- (b) in contravention of this Act or the Statutory Bodies Financial Arrangements Act .\n- (a) the amount borrowed; and\n- (b) interest on the amount borrowed, at the rate at which interest accrues on overdue rates, calculated from the day of the borrowing to the day of repayment; and\n- (c) any fees, charges, penalties or other expenses incurred by the local government in relation to the borrowing.\n- (a) the fact that a security was issued for the borrowing; or\n- (b) the Statutory Bodies Financial Arrangements Act .","sortOrder":168},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Local governments","content":"# Local governments","sortOrder":169},{"sectionNumber":"ch.5-pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":170},{"sectionNumber":"sec.113","sectionType":"section","heading":"What this part is about","content":"### sec.113 What this part is about\n\nThe purpose of this part is to allow the Minister or the department’s chief executive, on behalf of the State—\nto gather information, including under a direction, to monitor and evaluate whether—\na local government or councillor is performing their responsibilities properly; or\na local government or councillor is complying with laws applying to the local government or councillor, including the Local Government Acts; or\nit is otherwise in the public interest for the Minister or the department’s chief executive to take remedial action under this part; and\nto take remedial action.\nRemedial action is action to improve a local government’s or councillor’s performance or compliance, or that is in the public interest, taken under division 2A or 3 .\ns 113 amd 2010 No. 23 s 296\nsub 2019 No. 30 s 61\n(sec.113-ssec.1) The purpose of this part is to allow the Minister or the department’s chief executive, on behalf of the State— to gather information, including under a direction, to monitor and evaluate whether— a local government or councillor is performing their responsibilities properly; or a local government or councillor is complying with laws applying to the local government or councillor, including the Local Government Acts; or it is otherwise in the public interest for the Minister or the department’s chief executive to take remedial action under this part; and to take remedial action.\n(sec.113-ssec.2) Remedial action is action to improve a local government’s or councillor’s performance or compliance, or that is in the public interest, taken under division 2A or 3 .\n- (a) to gather information, including under a direction, to monitor and evaluate whether— (i) a local government or councillor is performing their responsibilities properly; or (ii) a local government or councillor is complying with laws applying to the local government or councillor, including the Local Government Acts; or (iii) it is otherwise in the public interest for the Minister or the department’s chief executive to take remedial action under this part; and\n- (i) a local government or councillor is performing their responsibilities properly; or\n- (ii) a local government or councillor is complying with laws applying to the local government or councillor, including the Local Government Acts; or\n- (iii) it is otherwise in the public interest for the Minister or the department’s chief executive to take remedial action under this part; and\n- (b) to take remedial action.\n- (i) a local government or councillor is performing their responsibilities properly; or\n- (ii) a local government or councillor is complying with laws applying to the local government or councillor, including the Local Government Acts; or\n- (iii) it is otherwise in the public interest for the Minister or the department’s chief executive to take remedial action under this part; and","sortOrder":171},{"sectionNumber":"sec.113A","sectionType":"section","heading":"Meaning of local government and application of local government principles","content":"### sec.113A Meaning of local government and application of local government principles\n\nIn this part, a local government includes the Brisbane City Council.\nAlso, the local government principles apply as if a reference in the principles to a councillor or local government employee included a reference to a councillor or council employee under the City of Brisbane Act 2010 .\ns 113A ins 2019 No. 30 s 124\n(sec.113A-ssec.1) In this part, a local government includes the Brisbane City Council.\n(sec.113A-ssec.2) Also, the local government principles apply as if a reference in the principles to a councillor or local government employee included a reference to a councillor or council employee under the City of Brisbane Act 2010 .","sortOrder":172},{"sectionNumber":"sec.114","sectionType":"section","heading":"Decisions under this part are not subject to appeal","content":"### sec.114 Decisions under this part are not subject to appeal\n\nA decision of the Minister under this part is not subject to appeal.\nSee section 244 for more information.","sortOrder":173},{"sectionNumber":"ch.5-pt.1-div.2","sectionType":"division","heading":"Monitoring and evaluation","content":"## Monitoring and evaluation","sortOrder":174},{"sectionNumber":"sec.115","sectionType":"section","heading":"Gathering information","content":"### sec.115 Gathering information\n\nTo monitor and evaluate a local government’s or councillor’s performance and compliance, or whether it is in the public interest to take remedial action in relation to the local government or councillor, the department’s chief executive may—\nexamine the information contained in the local government’s records and operations; or\notherwise carry out an investigation into—\nthe local government’s or councillor’s performance and compliance; or\nwhether it is in the public interest to take the remedial action.\ns 115 amd 2010 No. 23 s 297\nsub 2012 No. 33 s 111\namd 2019 No. 30 s 62\n- (a) examine the information contained in the local government’s records and operations; or\n- (b) otherwise carry out an investigation into— (i) the local government’s or councillor’s performance and compliance; or (ii) whether it is in the public interest to take the remedial action.\n- (i) the local government’s or councillor’s performance and compliance; or\n- (ii) whether it is in the public interest to take the remedial action.\n- (i) the local government’s or councillor’s performance and compliance; or\n- (ii) whether it is in the public interest to take the remedial action.","sortOrder":175},{"sectionNumber":"ch.5-pt.1-div.2A","sectionType":"division","heading":"Remedial action initiated by chief executive","content":"## Remedial action initiated by chief executive","sortOrder":176},{"sectionNumber":"sec.116","sectionType":"section","heading":"Recommendation to Minister","content":"### sec.116 Recommendation to Minister\n\nThis section applies if the department’s chief executive believes—\na local government or councillor is not performing their responsibilities properly; or\na local government or councillor is not complying with laws applying to the local government or councillor, including the Local Government Acts; or\nit is otherwise in the public interest for the Minister to take remedial action.\nThe department’s chief executive may make recommendations to the Minister about what remedial action to take.\nThe Minister may take the remedial action the Minister considers appropriate in the circumstances.\nIf the Minister takes remedial action, the Minister may publish the following information—\nthe way in which the local government or councillor—\nis not performing their responsibilities properly; or\nis not complying with laws applying to the local government or councillor, including the Local Government Acts;\nthe reason it is in the public interest for the Minister to take remedial action;\nthe remedial action the Minister has taken.\nThe Minister may—\npublish the information in a newspaper circulating generally in the local government area; or\ndirect the local government to publish the information on the local government’s website.\ns 116 amd 2010 No. 23 s 298\nsub 2019 No. 30 s 64\n(sec.116-ssec.1) This section applies if the department’s chief executive believes— a local government or councillor is not performing their responsibilities properly; or a local government or councillor is not complying with laws applying to the local government or councillor, including the Local Government Acts; or it is otherwise in the public interest for the Minister to take remedial action.\n(sec.116-ssec.2) The department’s chief executive may make recommendations to the Minister about what remedial action to take.\n(sec.116-ssec.3) The Minister may take the remedial action the Minister considers appropriate in the circumstances.\n(sec.116-ssec.4) If the Minister takes remedial action, the Minister may publish the following information— the way in which the local government or councillor— is not performing their responsibilities properly; or is not complying with laws applying to the local government or councillor, including the Local Government Acts; the reason it is in the public interest for the Minister to take remedial action; the remedial action the Minister has taken.\n(sec.116-ssec.5) The Minister may— publish the information in a newspaper circulating generally in the local government area; or direct the local government to publish the information on the local government’s website.\n- (a) a local government or councillor is not performing their responsibilities properly; or\n- (b) a local government or councillor is not complying with laws applying to the local government or councillor, including the Local Government Acts; or\n- (c) it is otherwise in the public interest for the Minister to take remedial action.\n- (a) the way in which the local government or councillor— (i) is not performing their responsibilities properly; or (ii) is not complying with laws applying to the local government or councillor, including the Local Government Acts;\n- (i) is not performing their responsibilities properly; or\n- (ii) is not complying with laws applying to the local government or councillor, including the Local Government Acts;\n- (b) the reason it is in the public interest for the Minister to take remedial action;\n- (c) the remedial action the Minister has taken.\n- (i) is not performing their responsibilities properly; or\n- (ii) is not complying with laws applying to the local government or councillor, including the Local Government Acts;\n- (a) publish the information in a newspaper circulating generally in the local government area; or\n- (b) direct the local government to publish the information on the local government’s website.","sortOrder":177},{"sectionNumber":"sec.117","sectionType":"section","heading":"Advisors","content":"### sec.117 Advisors\n\nThis section applies if the department’s chief executive believes—\na local government is not performing its responsibilities properly; or\na local government is not complying with laws applying to the local government, including the Local Government Acts; or\nit is otherwise in the public interest for the department’s chief executive to appoint an advisor for a local government.\nThe department’s chief executive may, by gazette notice, appoint an advisor for the local government.\nAn advisor is responsible for—\nhelping the local government to build its capacity—\nto perform its responsibilities properly; or\nto comply with laws applying to the local government, including the Local Government Acts; and\nperforming other related duties as directed by the department’s chief executive.\nThe local government must cooperate fully with the advisor.\ns 117 amd 2019 No. 30 s 65\n(sec.117-ssec.1) This section applies if the department’s chief executive believes— a local government is not performing its responsibilities properly; or a local government is not complying with laws applying to the local government, including the Local Government Acts; or it is otherwise in the public interest for the department’s chief executive to appoint an advisor for a local government.\n(sec.117-ssec.2) The department’s chief executive may, by gazette notice, appoint an advisor for the local government.\n(sec.117-ssec.3) An advisor is responsible for— helping the local government to build its capacity— to perform its responsibilities properly; or to comply with laws applying to the local government, including the Local Government Acts; and performing other related duties as directed by the department’s chief executive.\n(sec.117-ssec.4) The local government must cooperate fully with the advisor.\n- (a) a local government is not performing its responsibilities properly; or\n- (b) a local government is not complying with laws applying to the local government, including the Local Government Acts; or\n- (c) it is otherwise in the public interest for the department’s chief executive to appoint an advisor for a local government.\n- (a) helping the local government to build its capacity— (i) to perform its responsibilities properly; or (ii) to comply with laws applying to the local government, including the Local Government Acts; and\n- (i) to perform its responsibilities properly; or\n- (ii) to comply with laws applying to the local government, including the Local Government Acts; and\n- (b) performing other related duties as directed by the department’s chief executive.\n- (i) to perform its responsibilities properly; or\n- (ii) to comply with laws applying to the local government, including the Local Government Acts; and","sortOrder":178},{"sectionNumber":"sec.118","sectionType":"section","heading":"Financial controllers","content":"### sec.118 Financial controllers\n\nThis section applies if the department’s chief executive believes—\na local government is not performing its responsibilities properly; or\na local government is not complying with laws applying to the local government, including the Local Government Acts; or\nit is otherwise in the public interest for the department’s chief executive to appoint a financial controller for a local government.\nThe department’s chief executive may, by gazette notice, appoint a financial controller for the local government.\nA financial controller is responsible for—\nimplementing financial controls as directed by the department’s chief executive; and\nperforming other related duties as directed by the department’s chief executive.\nThe local government must cooperate fully with the financial controller.\nIf a financial controller is appointed, a payment from an account kept by the local government with a financial institution may be made only by—\na cheque countersigned by the financial controller; or\nan electronic funds transfer authorised by the financial controller.\nIf the financial controller reasonably believes a decision, resolution or order to make a payment is financially unsound, the financial controller must—\nrefuse to make a payment; and\nadvise the department’s chief executive about why the decision, resolution or order is financially unsound.\nA decision, resolution or order is financially unsound if the decision, resolution or order—\nmay cause the local government to become insolvent; or\nwill result in unlawful expenditure by the local government; or\nwill result in a disbursement from a fund that is not provided for in the local government’s budget; or\nwill result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given.\ns 118 amd 2010 No. 23 s 299 ; 2019 No. 30 s 66\n(sec.118-ssec.1) This section applies if the department’s chief executive believes— a local government is not performing its responsibilities properly; or a local government is not complying with laws applying to the local government, including the Local Government Acts; or it is otherwise in the public interest for the department’s chief executive to appoint a financial controller for a local government.\n(sec.118-ssec.2) The department’s chief executive may, by gazette notice, appoint a financial controller for the local government.\n(sec.118-ssec.3) A financial controller is responsible for— implementing financial controls as directed by the department’s chief executive; and performing other related duties as directed by the department’s chief executive.\n(sec.118-ssec.4) The local government must cooperate fully with the financial controller.\n(sec.118-ssec.5) If a financial controller is appointed, a payment from an account kept by the local government with a financial institution may be made only by— a cheque countersigned by the financial controller; or an electronic funds transfer authorised by the financial controller.\n(sec.118-ssec.6) If the financial controller reasonably believes a decision, resolution or order to make a payment is financially unsound, the financial controller must— refuse to make a payment; and advise the department’s chief executive about why the decision, resolution or order is financially unsound.\n(sec.118-ssec.7) A decision, resolution or order is financially unsound if the decision, resolution or order— may cause the local government to become insolvent; or will result in unlawful expenditure by the local government; or will result in a disbursement from a fund that is not provided for in the local government’s budget; or will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given.\n- (a) a local government is not performing its responsibilities properly; or\n- (b) a local government is not complying with laws applying to the local government, including the Local Government Acts; or\n- (c) it is otherwise in the public interest for the department’s chief executive to appoint a financial controller for a local government.\n- (a) implementing financial controls as directed by the department’s chief executive; and\n- (b) performing other related duties as directed by the department’s chief executive.\n- (a) a cheque countersigned by the financial controller; or\n- (b) an electronic funds transfer authorised by the financial controller.\n- (a) refuse to make a payment; and\n- (b) advise the department’s chief executive about why the decision, resolution or order is financially unsound.\n- (a) may cause the local government to become insolvent; or\n- (b) will result in unlawful expenditure by the local government; or\n- (c) will result in a disbursement from a fund that is not provided for in the local government’s budget; or\n- (d) will result in expenditure from grant moneys for a purpose other than the purpose for which the grant was given.","sortOrder":179},{"sectionNumber":"sec.119","sectionType":"section","heading":"Costs and expenses of advisors and financial controllers","content":"### sec.119 Costs and expenses of advisors and financial controllers\n\nThe department’s chief executive may direct a local government for which an advisor or financial controller is appointed to pay the Minister a stated amount for—\nthe salary and allowances payable to the advisor or financial controller; and\nthe costs and expenses of the advisor or financial controller.\nThe direction may state a time for payment.\nThe stated amount is a debt payable to the State.\n(sec.119-ssec.1) The department’s chief executive may direct a local government for which an advisor or financial controller is appointed to pay the Minister a stated amount for— the salary and allowances payable to the advisor or financial controller; and the costs and expenses of the advisor or financial controller.\n(sec.119-ssec.2) The direction may state a time for payment.\n(sec.119-ssec.3) The stated amount is a debt payable to the State.\n- (a) the salary and allowances payable to the advisor or financial controller; and\n- (b) the costs and expenses of the advisor or financial controller.","sortOrder":180},{"sectionNumber":"ch.5-pt.1-div.3","sectionType":"division","heading":"Remedial action by Minister","content":"## Remedial action by Minister","sortOrder":181},{"sectionNumber":"sec.120","sectionType":"section","heading":"Precondition to remedial action","content":"### sec.120 Precondition to remedial action\n\nThis section applies if the Minister proposes to exercise a power under this division.\nThe Minister must give the local government or councillor in question a notice of the proposal to exercise the power, before the power is exercised, unless—\nthe local government or councillor asked the Minister to exercise the power; or\nif the Minister proposes to exercise a power under section 122 or 123 —the conduct tribunal has made a recommendation under section 150AR to suspend or dismiss a councillor; or\nthe Minister considers that giving notice—\nis likely to defeat the purpose of the exercise of the power; or\nwould serve no useful purpose.\nThe notice must state—\nthe power that the Minister proposes to exercise; and\nthe reasons for exercising the power; and\nany remedial action that the local government or councillor should take; and\na reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power.\nFor subsection (3) (a) , if the power the Minister proposes to exercise relates to a failure by a councillor to comply with a councillor training provision, the notice must state—\nfor a failure to comply within the period required under the councillor training provision—that the Minister proposes to suspend the councillor until the councillor complies with the training provision; or\nfor a failure to comply within 1 year after the period required under the councillor training provision—that the Minister proposes to dismiss the councillor.\nThe reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power.\nThe Minister must have regard to all submissions that are made by the local government or councillor within the time specified in the notice.\nIf—\nthe Minister receives no submissions from the local government or councillor within the time specified in the notice; or\nthe submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power;\nthe Minister may exercise the power without further notice to the local government or councillor.\nIn this section—\ncouncillor training provision means section 169A or the City of Brisbane Act 2010 , section 169A .\ns 120 amd 2018 No. 8 ss 5 , 34 ; 2023 No. 30 s 33\n(sec.120-ssec.1) This section applies if the Minister proposes to exercise a power under this division.\n(sec.120-ssec.2) The Minister must give the local government or councillor in question a notice of the proposal to exercise the power, before the power is exercised, unless— the local government or councillor asked the Minister to exercise the power; or if the Minister proposes to exercise a power under section 122 or 123 —the conduct tribunal has made a recommendation under section 150AR to suspend or dismiss a councillor; or the Minister considers that giving notice— is likely to defeat the purpose of the exercise of the power; or would serve no useful purpose.\n(sec.120-ssec.3) The notice must state— the power that the Minister proposes to exercise; and the reasons for exercising the power; and any remedial action that the local government or councillor should take; and a reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power.\n(sec.120-ssec.4) For subsection (3) (a) , if the power the Minister proposes to exercise relates to a failure by a councillor to comply with a councillor training provision, the notice must state— for a failure to comply within the period required under the councillor training provision—that the Minister proposes to suspend the councillor until the councillor complies with the training provision; or for a failure to comply within 1 year after the period required under the councillor training provision—that the Minister proposes to dismiss the councillor.\n(sec.120-ssec.5) The reasons stated in the notice are the only reasons that can be relied on in support of the exercise of the power.\n(sec.120-ssec.6) The Minister must have regard to all submissions that are made by the local government or councillor within the time specified in the notice.\n(sec.120-ssec.7) If— the Minister receives no submissions from the local government or councillor within the time specified in the notice; or the submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power; the Minister may exercise the power without further notice to the local government or councillor.\n(sec.120-ssec.8) In this section— councillor training provision means section 169A or the City of Brisbane Act 2010 , section 169A .\n- (a) the local government or councillor asked the Minister to exercise the power; or\n- (b) if the Minister proposes to exercise a power under section 122 or 123 —the conduct tribunal has made a recommendation under section 150AR to suspend or dismiss a councillor; or\n- (c) the Minister considers that giving notice— (i) is likely to defeat the purpose of the exercise of the power; or (ii) would serve no useful purpose.\n- (i) is likely to defeat the purpose of the exercise of the power; or\n- (ii) would serve no useful purpose.\n- (i) is likely to defeat the purpose of the exercise of the power; or\n- (ii) would serve no useful purpose.\n- (a) the power that the Minister proposes to exercise; and\n- (b) the reasons for exercising the power; and\n- (c) any remedial action that the local government or councillor should take; and\n- (d) a reasonable time within which the local government or councillor may make submissions to the Minister about the proposal to exercise the power.\n- (a) for a failure to comply within the period required under the councillor training provision—that the Minister proposes to suspend the councillor until the councillor complies with the training provision; or\n- (b) for a failure to comply within 1 year after the period required under the councillor training provision—that the Minister proposes to dismiss the councillor.\n- (a) the Minister receives no submissions from the local government or councillor within the time specified in the notice; or\n- (b) the submissions from the local government or councillor do not contain reasonable grounds to persuade the Minister not to exercise the power;","sortOrder":182},{"sectionNumber":"sec.121","sectionType":"section","heading":"Removing unsound decisions","content":"### sec.121 Removing unsound decisions\n\nThis section applies if the Minister believes—\na decision of the local government is contrary to any law or inconsistent with the local government principles; or\nit is otherwise in the public interest to suspend or revoke a decision of the local government.\nA decision is—\na resolution; or\nan order to give effect to a resolution; or\na planning scheme; or\na part of a decision mentioned in paragraphs (a) to (c) .\nThe Minister, by a gazette notice, may—\nsuspend the decision, for a specified period or indefinitely; or\nrevoke the decision.\nThe gazette notice must state—\neither—\nhow the decision is contrary to a law or inconsistent with the local government principles; or\nwhy it is otherwise in the public interest to suspend or revoke the decision; and\nif the decision has been suspended, how the decision may be amended so it is no longer—\ncontrary to the law or inconsistent with the local government principles; or\nin the public interest to suspend the decision.\nIf the Minister suspends the decision, the decision stops having effect for the period specified in the gazette notice.\nIf the Minister revokes the decision—\nthe decision stops having effect on the day specified in the gazette notice; or\nif no day is specified in the gazette notice—the decision is taken to never have had effect.\nThe State is not liable for any loss or expense incurred by a person because a local government’s decision is suspended or revoked under this section.\ns 121 amd 2009 No. 36 s 872 sch 2 ; 2010 No. 23 s 300 ; 2012 No. 33 s 112 ; 2019 No. 30 s 68\n(sec.121-ssec.1) This section applies if the Minister believes— a decision of the local government is contrary to any law or inconsistent with the local government principles; or it is otherwise in the public interest to suspend or revoke a decision of the local government.\n(sec.121-ssec.2) A decision is— a resolution; or an order to give effect to a resolution; or a planning scheme; or a part of a decision mentioned in paragraphs (a) to (c) .\n(sec.121-ssec.3) The Minister, by a gazette notice, may— suspend the decision, for a specified period or indefinitely; or revoke the decision.\n(sec.121-ssec.4) The gazette notice must state— either— how the decision is contrary to a law or inconsistent with the local government principles; or why it is otherwise in the public interest to suspend or revoke the decision; and if the decision has been suspended, how the decision may be amended so it is no longer— contrary to the law or inconsistent with the local government principles; or in the public interest to suspend the decision.\n(sec.121-ssec.5) If the Minister suspends the decision, the decision stops having effect for the period specified in the gazette notice.\n(sec.121-ssec.6) If the Minister revokes the decision— the decision stops having effect on the day specified in the gazette notice; or if no day is specified in the gazette notice—the decision is taken to never have had effect.\n(sec.121-ssec.7) The State is not liable for any loss or expense incurred by a person because a local government’s decision is suspended or revoked under this section.\n- (a) a decision of the local government is contrary to any law or inconsistent with the local government principles; or\n- (b) it is otherwise in the public interest to suspend or revoke a decision of the local government.\n- (a) a resolution; or\n- (b) an order to give effect to a resolution; or\n- (c) a planning scheme; or\n- (d) a part of a decision mentioned in paragraphs (a) to (c) .\n- (a) suspend the decision, for a specified period or indefinitely; or\n- (b) revoke the decision.\n- (a) either— (i) how the decision is contrary to a law or inconsistent with the local government principles; or (ii) why it is otherwise in the public interest to suspend or revoke the decision; and\n- (i) how the decision is contrary to a law or inconsistent with the local government principles; or\n- (ii) why it is otherwise in the public interest to suspend or revoke the decision; and\n- (b) if the decision has been suspended, how the decision may be amended so it is no longer— (i) contrary to the law or inconsistent with the local government principles; or (ii) in the public interest to suspend the decision.\n- (i) contrary to the law or inconsistent with the local government principles; or\n- (ii) in the public interest to suspend the decision.\n- (i) how the decision is contrary to a law or inconsistent with the local government principles; or\n- (ii) why it is otherwise in the public interest to suspend or revoke the decision; and\n- (i) contrary to the law or inconsistent with the local government principles; or\n- (ii) in the public interest to suspend the decision.\n- (a) the decision stops having effect on the day specified in the gazette notice; or\n- (b) if no day is specified in the gazette notice—the decision is taken to never have had effect.","sortOrder":183},{"sectionNumber":"sec.122","sectionType":"section","heading":"Suspending or removing a councillor","content":"### sec.122 Suspending or removing a councillor\n\nThis section applies if—\nthe conduct tribunal recommends under section 150AR that a councillor be suspended or dismissed; or\nthe Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or\nthe Minister reasonably believes that a councillor is incapable of performing their responsibilities; or\nthe Minister reasonably believes that a councillor has not complied with the councillor’s obligation to complete training under a councillor training provision; or\nthe Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed.\nThe Minister may recommend that the Governor in Council—\nif the conduct tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or\nif the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period—suspend the councillor for a period that is no longer than the stated period; or\nif the proposal in the Minister’s notice under section 120 was to dismiss the councillor or dissolve the local government—suspend or dismiss the councillor.\nThe Governor in Council may give effect to the Minister’s recommendation under a regulation.\nA councillor suspended for a failure to comply with a councillor training provision is not entitled to be paid remuneration as a councillor other than the remuneration necessary for the councillor to comply with the councillor training provision.\nIn this section—\ncouncillor training provision see section 120 (8) .\nremuneration , as a councillor, includes allowances, expenses, superannuation contributions and access to facilities and equipment provided by the local government.\ns 122 amd 2018 No. 9 s 21A ; 2018 No. 8 s 6 ; 2023 No. 30 s 34\n(sec.122-ssec.1) This section applies if— the conduct tribunal recommends under section 150AR that a councillor be suspended or dismissed; or the Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or the Minister reasonably believes that a councillor is incapable of performing their responsibilities; or the Minister reasonably believes that a councillor has not complied with the councillor’s obligation to complete training under a councillor training provision; or the Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed.\n(sec.122-ssec.2) The Minister may recommend that the Governor in Council— if the conduct tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or if the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period—suspend the councillor for a period that is no longer than the stated period; or if the proposal in the Minister’s notice under section 120 was to dismiss the councillor or dissolve the local government—suspend or dismiss the councillor.\n(sec.122-ssec.3) The Governor in Council may give effect to the Minister’s recommendation under a regulation.\n(sec.122-ssec.4) A councillor suspended for a failure to comply with a councillor training provision is not entitled to be paid remuneration as a councillor other than the remuneration necessary for the councillor to comply with the councillor training provision.\n(sec.122-ssec.5) In this section— councillor training provision see section 120 (8) . remuneration , as a councillor, includes allowances, expenses, superannuation contributions and access to facilities and equipment provided by the local government.\n- (a) the conduct tribunal recommends under section 150AR that a councillor be suspended or dismissed; or\n- (b) the Minister reasonably believes that a councillor has seriously or continuously breached the local government principles; or\n- (c) the Minister reasonably believes that a councillor is incapable of performing their responsibilities; or\n- (d) the Minister reasonably believes that a councillor has not complied with the councillor’s obligation to complete training under a councillor training provision; or\n- (e) the Minister reasonably believes it is otherwise in the public interest that a councillor be suspended or dismissed.\n- (a) if the conduct tribunal recommends that a councillor be suspended or dismissed—suspend or dismiss the councillor; or\n- (b) if the proposal in the Minister’s notice under section 120 was to suspend the councillor for a stated period—suspend the councillor for a period that is no longer than the stated period; or\n- (c) if the proposal in the Minister’s notice under section 120 was to dismiss the councillor or dissolve the local government—suspend or dismiss the councillor.","sortOrder":184},{"sectionNumber":"sec.123","sectionType":"section","heading":"Suspending or dissolving a local government","content":"### sec.123 Suspending or dissolving a local government\n\nThis section applies if—\nthe conduct tribunal recommends under section 150AR that every councillor be suspended or dismissed; or\nthe Minister reasonably believes that a local government has seriously or continuously breached the local government principles; or\nthe Minister reasonably believes that a local government is incapable of performing its responsibilities; or\nthe Minister reasonably believes it is otherwise in the public interest that every councillor be suspended or dismissed.\nIf the proposal in the Minister’s notice under section 120 was to suspend every councillor for a stated period, the Minister may recommend that the Governor in Council—\nsuspend every councillor for a period that is no longer than the stated period; and\nappoint an interim administrator to act in place of the councillors until the stated period ends.\nAlso, the Minister may recommend that the Governor in Council—\ndissolve the local government; and\nappoint an interim administrator to act in place of the councillors until the earlier of—\nthe conclusion of a fresh election of councillors to be held on a stated date; or\nthe conclusion of the next quadrennial election.\nThe Governor in Council may give effect to the Minister’s recommendation under a regulation.\nA regulation dissolving a local government has effect in accordance with the requirements of the Constitution of Queensland 2001 , chapter 7 , part 2 .\ns 123 amd 2018 No. 9 s 21B ; 2018 No. 8 s 7 ; 2020 No. 20 s 97\n(sec.123-ssec.1) This section applies if— the conduct tribunal recommends under section 150AR that every councillor be suspended or dismissed; or the Minister reasonably believes that a local government has seriously or continuously breached the local government principles; or the Minister reasonably believes that a local government is incapable of performing its responsibilities; or the Minister reasonably believes it is otherwise in the public interest that every councillor be suspended or dismissed.\n(sec.123-ssec.2) If the proposal in the Minister’s notice under section 120 was to suspend every councillor for a stated period, the Minister may recommend that the Governor in Council— suspend every councillor for a period that is no longer than the stated period; and appoint an interim administrator to act in place of the councillors until the stated period ends.\n(sec.123-ssec.3) Also, the Minister may recommend that the Governor in Council— dissolve the local government; and appoint an interim administrator to act in place of the councillors until the earlier of— the conclusion of a fresh election of councillors to be held on a stated date; or the conclusion of the next quadrennial election.\n(sec.123-ssec.4) The Governor in Council may give effect to the Minister’s recommendation under a regulation.\n(sec.123-ssec.5) A regulation dissolving a local government has effect in accordance with the requirements of the Constitution of Queensland 2001 , chapter 7 , part 2 .\n- (a) the conduct tribunal recommends under section 150AR that every councillor be suspended or dismissed; or\n- (b) the Minister reasonably believes that a local government has seriously or continuously breached the local government principles; or\n- (c) the Minister reasonably believes that a local government is incapable of performing its responsibilities; or\n- (d) the Minister reasonably believes it is otherwise in the public interest that every councillor be suspended or dismissed.\n- (a) suspend every councillor for a period that is no longer than the stated period; and\n- (b) appoint an interim administrator to act in place of the councillors until the stated period ends.\n- (a) dissolve the local government; and\n- (b) appoint an interim administrator to act in place of the councillors until the earlier of— (i) the conclusion of a fresh election of councillors to be held on a stated date; or (ii) the conclusion of the next quadrennial election.\n- (i) the conclusion of a fresh election of councillors to be held on a stated date; or\n- (ii) the conclusion of the next quadrennial election.\n- (i) the conclusion of a fresh election of councillors to be held on a stated date; or\n- (ii) the conclusion of the next quadrennial election.","sortOrder":185},{"sectionNumber":"sec.124","sectionType":"section","heading":"Interim administrator acts for the councillors temporarily","content":"### sec.124 Interim administrator acts for the councillors temporarily\n\nThis section applies if an interim administrator is appointed to act in place of the councillors of a local government.\nThe interim administrator has all the responsibilities and powers of—\nthe local government; and\nthe mayor.\nHowever, a regulation may limit the responsibilities and powers of the interim administrator.\nThe interim administrator must exercise power under the name of ‘interim administrator of the (name of the local government)’.\nThis Act and other Acts apply to the interim administrator, with all necessary changes, and any changes prescribed under a regulation, as if the interim administrator were the local government.\nThe Governor in Council may direct a local government for which an interim administrator is appointed to pay to the Minister an amount specified in the direction for the costs and expenses of—\nthe interim administrator; and\nan advisory committee mentioned in subsection (10) ; and\na committee appointed for the interim administrator under chapter 6 , part 7 .\nThe specified amount may include the salary and allowances payable to a public service officer who is appointed as interim administrator.\nThe direction may specify a time for payment.\nThe specified amount is a debt payable to the State.\nThe Minister may create an advisory committee to give the interim administrator advice about the performance of the local government’s responsibilities.\ns 124 amd 2020 No. 20 s 98 ; 2023 No. 30 s 119 sch 1\n(sec.124-ssec.1) This section applies if an interim administrator is appointed to act in place of the councillors of a local government.\n(sec.124-ssec.2) The interim administrator has all the responsibilities and powers of— the local government; and the mayor.\n(sec.124-ssec.3) However, a regulation may limit the responsibilities and powers of the interim administrator.\n(sec.124-ssec.4) The interim administrator must exercise power under the name of ‘interim administrator of the (name of the local government)’.\n(sec.124-ssec.5) This Act and other Acts apply to the interim administrator, with all necessary changes, and any changes prescribed under a regulation, as if the interim administrator were the local government.\n(sec.124-ssec.6) The Governor in Council may direct a local government for which an interim administrator is appointed to pay to the Minister an amount specified in the direction for the costs and expenses of— the interim administrator; and an advisory committee mentioned in subsection (10) ; and a committee appointed for the interim administrator under chapter 6 , part 7 .\n(sec.124-ssec.7) The specified amount may include the salary and allowances payable to a public service officer who is appointed as interim administrator.\n(sec.124-ssec.8) The direction may specify a time for payment.\n(sec.124-ssec.9) The specified amount is a debt payable to the State.\n(sec.124-ssec.10) The Minister may create an advisory committee to give the interim administrator advice about the performance of the local government’s responsibilities.\n- (a) the local government; and\n- (b) the mayor.\n- (a) the interim administrator; and\n- (b) an advisory committee mentioned in subsection (10) ; and\n- (c) a committee appointed for the interim administrator under chapter 6 , part 7 .","sortOrder":186},{"sectionNumber":"sec.124A","sectionType":"section","heading":"Minister may appoint acting interim administrator","content":"### sec.124A Minister may appoint acting interim administrator\n\nThis section applies if—\nan interim administrator is appointed to act in place of the councillors of a local government; and\nduring the interim administrator’s term—\nthere is a vacancy in the office of the interim administrator; or\nthe interim administrator is absent or can not perform the duties of interim administrator.\nThe Minister may appoint a person to act as the interim administrator.\nSubject to any regulation made under section 124 for the interim administrator, the powers and responsibilities of the acting interim administrator may be limited by the Minister under the acting interim administrator’s instrument of appointment.\nThe person can not be appointed for more than 6 months in a 12-month period.\nThe Minister must publish, by gazette notice, the name of the acting interim administrator.\ns 124A ins 2020 No. 20 s 99\n(sec.124A-ssec.1) This section applies if— an interim administrator is appointed to act in place of the councillors of a local government; and during the interim administrator’s term— there is a vacancy in the office of the interim administrator; or the interim administrator is absent or can not perform the duties of interim administrator.\n(sec.124A-ssec.2) The Minister may appoint a person to act as the interim administrator.\n(sec.124A-ssec.3) Subject to any regulation made under section 124 for the interim administrator, the powers and responsibilities of the acting interim administrator may be limited by the Minister under the acting interim administrator’s instrument of appointment.\n(sec.124A-ssec.4) The person can not be appointed for more than 6 months in a 12-month period.\n(sec.124A-ssec.5) The Minister must publish, by gazette notice, the name of the acting interim administrator.\n- (a) an interim administrator is appointed to act in place of the councillors of a local government; and\n- (b) during the interim administrator’s term— (i) there is a vacancy in the office of the interim administrator; or (ii) the interim administrator is absent or can not perform the duties of interim administrator.\n- (i) there is a vacancy in the office of the interim administrator; or\n- (ii) the interim administrator is absent or can not perform the duties of interim administrator.\n- (i) there is a vacancy in the office of the interim administrator; or\n- (ii) the interim administrator is absent or can not perform the duties of interim administrator.","sortOrder":187},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"The public","content":"# The public","sortOrder":188},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Powers of authorised persons","content":"## Powers of authorised persons","sortOrder":189},{"sectionNumber":"sec.125","sectionType":"section","heading":"What this division is about","content":"### sec.125 What this division is about\n\nThis division is about the powers that may be used by an authorised person.\nAn authorised person is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts.\nSee chapter 6 , part 6 for more information about the appointment of authorised persons.\nThe powers of an authorised person include the power, in certain circumstances—\nto ask a person for their name and address; and\nto enter a property, including private property.\nPrivate property is a property that is not a public place.\nA public place is a place, or that part of a place, that—\nis open to the public; or\nis used by the public; or\nthe public is entitled to use;\nwhether or not on payment of money.\nA 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.\nAn occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.\nForce must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.\n(sec.125-ssec.1) This division is about the powers that may be used by an authorised person.\n(sec.125-ssec.2) An authorised person is a person who is appointed under this Act to ensure that members of the public comply with the Local Government Acts. See chapter 6 , part 6 for more information about the appointment of authorised persons.\n(sec.125-ssec.3) The powers of an authorised person include the power, in certain circumstances— to ask a person for their name and address; and to enter a property, including private property.\n(sec.125-ssec.4) Private property is a property that is not a public place.\n(sec.125-ssec.5) A public place is a place, or that part of a place, that— is open to the public; or is used by the public; or the public is entitled to use; whether or not on payment of money. 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.\n(sec.125-ssec.6) An occupier of a property includes a person who reasonably appears to be the occupier of, or in charge of, the property.\n(sec.125-ssec.7) Force must not be used to enter a property under this division, other than when the property is entered under a warrant that authorises that use of force.\n- (a) to ask a person for their name and address; and\n- (b) to enter a property, including private property.\n- (a) is open to the public; or\n- (b) is used by the public; or\n- (c) the public is entitled to use;","sortOrder":190},{"sectionNumber":"sec.126","sectionType":"section","heading":"Producing authorised person’s identity card","content":"### sec.126 Producing authorised person’s identity card\n\nAn authorised person may exercise a power under this division, in relation to a person, only if the authorised person—\nfirst produces his or her identity card for the person to inspect; or\nhas his or her identity card displayed so it is clearly visible to the person.\nHowever, if for any reason it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.126-ssec.1) An authorised person may exercise a power under this division, in relation to a person, only if the authorised person— first produces his or her identity card for the person to inspect; or has his or her identity card displayed so it is clearly visible to the person.\n(sec.126-ssec.2) However, if for any reason it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) first produces his or her identity card for the person to inspect; or\n- (b) has his or her identity card displayed so it is clearly visible to the person.","sortOrder":191},{"sectionNumber":"sec.127","sectionType":"section","heading":"Power to require a person’s name and address","content":"### sec.127 Power to require a person’s name and address\n\nThis section applies if an authorised person—\nfinds a person committing an infringement notice offence; or\nfinds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or\nhas information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.\nAn infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence.\nThe authorised person may require the person to state the person’s name and address.\nIf the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\nThe authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address.\nThe person must comply with an authorised person’s requirement under subsection (3) or (5) , unless the person has a reasonable excuse.\nMaximum penalty—35 penalty units.\nHowever, the person does not commit an offence under subsection (6) , if the person is not proved to have committed the infringement notice offence.\n(sec.127-ssec.1) This section applies if an authorised person— finds a person committing an infringement notice offence; or finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.\n(sec.127-ssec.2) An infringement notice offence is an offence prescribed under the State Penalties Enforcement Act 1999 to be an infringement notice offence.\n(sec.127-ssec.3) The authorised person may require the person to state the person’s name and address.\n(sec.127-ssec.4) If the authorised person does so, the authorised person must also warn the person that it is an offence to fail to state the person’s name and address, unless the person has a reasonable excuse.\n(sec.127-ssec.5) The authorised person may require the person to give evidence of the person’s name or address if the authorised person suspects, on reasonable grounds, that the person has given a false name or address.\n(sec.127-ssec.6) The person must comply with an authorised person’s requirement under subsection (3) or (5) , unless the person has a reasonable excuse. Maximum penalty—35 penalty units.\n(sec.127-ssec.7) However, the person does not commit an offence under subsection (6) , if the person is not proved to have committed the infringement notice offence.\n- (a) finds a person committing an infringement notice offence; or\n- (b) finds a person in circumstances that lead the authorised person to suspect, on reasonable grounds, that the person has just committed an infringement notice offence; or\n- (c) has information that leads the authorised person to suspect, on reasonable grounds, that a person has just committed an infringement notice offence.","sortOrder":192},{"sectionNumber":"sec.128","sectionType":"section","heading":"Entering a public place that is open without the need for permission","content":"### sec.128 Entering a public place that is open without the need for permission\n\nThis section applies if an authorised person wants to enter a public place to ensure that the public place complies with the Local Government Acts.\nThe authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example).\n(sec.128-ssec.1) This section applies if an authorised person wants to enter a public place to ensure that the public place complies with the Local Government Acts.\n(sec.128-ssec.2) The authorised person may enter the public place, without the permission of the occupier of the place, if the place is not closed to the public (by a locked gate, for example).","sortOrder":193},{"sectionNumber":"sec.129","sectionType":"section","heading":"Entering private property with, and in accordance with, the occupier’s permission","content":"### sec.129 Entering private property with, and in accordance with, the occupier’s permission\n\nAn authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a Local Government Act .\nWhen asking the occupier for permission, the authorised person must inform the occupier—\nof the purpose of entering the property; and\nthat any thing or information that the authorised person finds on the property may be used as evidence in court; and\nthat the occupier is not obliged to give permission.\nIf the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.\nThe document must state—\nthat the authorised person informed the occupier—\nof the purpose of entering the property; and\nthat any thing or information that the authorised person finds on the property may be used as evidence in court; and\nthat the occupier was not obliged to give the permission; and\nthat the occupier gave the authorised person permission to enter the property and exercise powers under a Local Government Act ; and\nthe date and time when the occupier gave the permission.\nIf the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.\nIf, in any proceedings—\na question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and\na document that confirms the occupier gave permission is not produced in evidence;\nthe court may assume that the occupier did not give the permission, unless the contrary is proved.\nIf the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.\nHowever, the right to stay on the property—\nis subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\nmay be cancelled by the occupier at any time.\n(sec.129-ssec.1) An authorised person may enter private property, that is not closed to entry by the public (by a locked gate, for example), in order to ask the occupier of the property for permission to stay on the property and exercise powers under a Local Government Act .\n(sec.129-ssec.2) When asking the occupier for permission, the authorised person must inform the occupier— of the purpose of entering the property; and that any thing or information that the authorised person finds on the property may be used as evidence in court; and that the occupier is not obliged to give permission.\n(sec.129-ssec.3) If the occupier gives permission, the authorised person may ask the occupier to sign a document that confirms that the occupier has given permission.\n(sec.129-ssec.4) The document must state— that the authorised person informed the occupier— of the purpose of entering the property; and that any thing or information that the authorised person finds on the property may be used as evidence in court; and that the occupier was not obliged to give the permission; and that the occupier gave the authorised person permission to enter the property and exercise powers under a Local Government Act ; and the date and time when the occupier gave the permission.\n(sec.129-ssec.5) If the occupier signs the document, the authorised person must immediately give a copy of the document to the occupier.\n(sec.129-ssec.6) If, in any proceedings— a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and a document that confirms the occupier gave permission is not produced in evidence; the court may assume that the occupier did not give the permission, unless the contrary is proved.\n(sec.129-ssec.7) If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.\n(sec.129-ssec.8) However, the right to stay on the property— is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and may be cancelled by the occupier at any time.\n- (a) of the purpose of entering the property; and\n- (b) that any thing or information that the authorised person finds on the property may be used as evidence in court; and\n- (c) that the occupier is not obliged to give permission.\n- (a) that the authorised person informed the occupier— (i) of the purpose of entering the property; and (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and (iii) that the occupier was not obliged to give the permission; and\n- (i) of the purpose of entering the property; and\n- (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and\n- (iii) that the occupier was not obliged to give the permission; and\n- (b) that the occupier gave the authorised person permission to enter the property and exercise powers under a Local Government Act ; and\n- (c) the date and time when the occupier gave the permission.\n- (i) of the purpose of entering the property; and\n- (ii) that any thing or information that the authorised person finds on the property may be used as evidence in court; and\n- (iii) that the occupier was not obliged to give the permission; and\n- (a) a question arises as to whether the occupier of a property gave permission to allow an authorised person to stay on the property under this Act; and\n- (b) a document that confirms the occupier gave permission is not produced in evidence;\n- (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\n- (b) may be cancelled by the occupier at any time.","sortOrder":194},{"sectionNumber":"sec.130","sectionType":"section","heading":"Entering private property with, and in accordance with, a warrant","content":"### sec.130 Entering private property with, and in accordance with, a warrant\n\nAn authorised person may enter private property with, and in accordance with, a warrant.\nAn authorised person must apply to a magistrate for a warrant.\nThe application for the warrant must—\nbe in the form approved by the department’s chief executive; and\nbe sworn; and\nstate the grounds on which the warrant is sought.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires.\nThe magistrate may require additional information in support of the application to be given by statutory declaration.\nThe magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting—\nthere is a particular thing or activity that may provide evidence of an offence against a Local Government Act (the evidence ); and\nthe evidence is at the place, or may be at the place within the next 7 days.\nThe warrant must state—\nthe evidence for which the warrant is issued; and\nthat the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and\nthe hours of the day or night when the property may be entered; and\nthe day (within 14 days after the warrant’s issue) when the warrant ends.\nThe magistrate must keep a record of the reasons for issuing the warrant.\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 131 , unless the defect affects the substance of the warrant in a material particular.\nAs soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the warrant authorises the authorised person to enter the property without the permission of the occupier;\ngive any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.\nHowever, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed.\n(sec.130-ssec.1) An authorised person may enter private property with, and in accordance with, a warrant.\n(sec.130-ssec.2) An authorised person must apply to a magistrate for a warrant.\n(sec.130-ssec.3) The application for the warrant must— be in the form approved by the department’s chief executive; and be sworn; and state the grounds on which the warrant is sought.\n(sec.130-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information that the magistrate requires about the application, in the way that the magistrate requires. The magistrate may require additional information in support of the application to be given by statutory declaration.\n(sec.130-ssec.5) The magistrate may issue the warrant only if the magistrate is satisfied that there are reasonable grounds for suspecting— there is a particular thing or activity that may provide evidence of an offence against a Local Government Act (the evidence ); and the evidence is at the place, or may be at the place within the next 7 days.\n(sec.130-ssec.6) The warrant must state— the evidence for which the warrant is issued; and that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and the hours of the day or night when the property may be entered; and the day (within 14 days after the warrant’s issue) when the warrant ends.\n(sec.130-ssec.7) The magistrate must keep a record of the reasons for issuing the warrant.\n(sec.130-ssec.8) A warrant is not invalidated by a defect in the warrant, or in compliance with section 131 , unless the defect affects the substance of the warrant in a material particular.\n(sec.130-ssec.9) As soon as an authorised person enters private property under a warrant, the authorised person must do, or make a reasonable attempt to do, the following things— inform any occupier of the property— of the reason for entering the property; and that the warrant authorises the authorised person to enter the property without the permission of the occupier; give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.\n(sec.130-ssec.10) However, the authorised person does not need to comply with subsection (9) if the authorised person believes that immediate entry to the property is required to ensure the warrant is effectively executed.\n- (a) be in the form approved by the department’s chief executive; and\n- (b) be sworn; and\n- (c) state the grounds on which the warrant is sought.\n- (a) there is a particular thing or activity that may provide evidence of an offence against a Local Government Act (the evidence ); and\n- (b) the evidence is at the place, or may be at the place within the next 7 days.\n- (a) the evidence for which the warrant is issued; and\n- (b) that the authorised person may, with necessary and reasonable help and force, enter the property and exercise an authorised person’s powers under this Act; and\n- (c) the hours of the day or night when the property may be entered; and\n- (d) the day (within 14 days after the warrant’s issue) when the warrant ends.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;\n- (i) of the reason for entering the property; and\n- (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;\n- (b) give any occupier a reasonable opportunity to allow the authorised person to immediately enter the property without using force.\n- (i) of the reason for entering the property; and\n- (ii) that the warrant authorises the authorised person to enter the property without the permission of the occupier;","sortOrder":195},{"sectionNumber":"sec.131","sectionType":"section","heading":"Warrants—applications made electronically","content":"### sec.131 Warrants—applications made electronically\n\nAn authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of—\nurgent circumstances; or\nspecial circumstances (including the authorised person’s remote location, for example).\nAn electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication.\nThe authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant.\nHowever, the authorised person may apply for the warrant before the application is sworn.\nThe magistrate may issue the warrant only if the magistrate is satisfied that—\nit was necessary to make the application electronically; and\nthe way that the application was made was appropriate in the circumstances.\nIf the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so.\nIf it is not reasonably practicable to send a copy of the warrant to the authorised person—\nthe magistrate must—\ninform the authorised person of the date and time when the magistrate signed the warrant; and\ninform the authorised person of the terms of the warrant; and\nthe authorised person must write on a warrant form—\nthe magistrate’s name; and\nthe date and time when the magistrate signed the warrant; and\nthe terms of the warrant.\nThe copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate.\nThe authorised person must, at the first reasonable opportunity, send the magistrate—\nthe sworn application; and\nif the authorised person completed a warrant form—the completed warrant form.\nWhen the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court.\nUnless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if—\na question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and\nthe warrant is not produced in evidence.\n(sec.131-ssec.1) An authorised person may make an electronic application for a warrant if the authorised person considers it necessary because of— urgent circumstances; or special circumstances (including the authorised person’s remote location, for example).\n(sec.131-ssec.2) An electronic application is an application made by phone, fax, radio, email, videoconferencing or another form of electronic communication.\n(sec.131-ssec.3) The authorised person must prepare an application for the warrant that states the grounds on which the warrant is sought, before applying for the warrant.\n(sec.131-ssec.4) However, the authorised person may apply for the warrant before the application is sworn.\n(sec.131-ssec.5) The magistrate may issue the warrant only if the magistrate is satisfied that— it was necessary to make the application electronically; and the way that the application was made was appropriate in the circumstances.\n(sec.131-ssec.6) If the magistrate issues the warrant, and it is reasonably practicable to send a copy of the warrant to the authorised person (by fax or email, for example), the magistrate must immediately do so.\n(sec.131-ssec.7) If it is not reasonably practicable to send a copy of the warrant to the authorised person— the magistrate must— inform the authorised person of the date and time when the magistrate signed the warrant; and inform the authorised person of the terms of the warrant; and the authorised person must write on a warrant form— the magistrate’s name; and the date and time when the magistrate signed the warrant; and the terms of the warrant.\n(sec.131-ssec.8) The copy of the warrant sent to the authorised person, or the warrant form properly completed by the authorised person, authorises the authorised person to enter the property, and to exercise the powers, mentioned in the warrant that was signed by the magistrate.\n(sec.131-ssec.9) The authorised person must, at the first reasonable opportunity, send the magistrate— the sworn application; and if the authorised person completed a warrant form—the completed warrant form.\n(sec.131-ssec.10) When the magistrate receives those documents, the magistrate must attach them to the warrant that was signed by the magistrate, and give the warrant to the clerk of the court.\n(sec.131-ssec.11) Unless the contrary is proven, a court must presume that a power exercised by an authorised person was not authorised by a warrant issued under this section if— a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and the warrant is not produced in evidence.\n- (a) urgent circumstances; or\n- (b) special circumstances (including the authorised person’s remote location, for example).\n- (a) it was necessary to make the application electronically; and\n- (b) the way that the application was made was appropriate in the circumstances.\n- (a) the magistrate must— (i) inform the authorised person of the date and time when the magistrate signed the warrant; and (ii) inform the authorised person of the terms of the warrant; and\n- (i) inform the authorised person of the date and time when the magistrate signed the warrant; and\n- (ii) inform the authorised person of the terms of the warrant; and\n- (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 the warrant; and (iii) the terms of the warrant.\n- (i) the magistrate’s name; and\n- (ii) the date and time when the magistrate signed the warrant; and\n- (iii) the terms of the warrant.\n- (i) inform the authorised person of the date and time when the magistrate signed the warrant; and\n- (ii) inform the authorised person of the terms of the warrant; and\n- (i) the magistrate’s name; and\n- (ii) the date and time when the magistrate signed the warrant; and\n- (iii) the terms of the warrant.\n- (a) the sworn application; and\n- (b) if the authorised person completed a warrant form—the completed warrant form.\n- (a) a question arises, in any proceedings before the court, whether the exercise of power was authorised by a warrant; and\n- (b) the warrant is not produced in evidence.","sortOrder":196},{"sectionNumber":"sec.132","sectionType":"section","heading":"Entering under an application, permit or notice","content":"### sec.132 Entering under an application, permit or notice\n\nThis section applies if an authorised person wants to enter a property—\nto inspect the property in order to process an application made under any Local Government Act ; or\nto inspect a record that is required to be kept for a budget accommodation building under the Building Act , chapter 7 ; or\nto find out whether the conditions on which a permit or notice was issued have been complied with; or\nto inspect work that is the subject of, or was carried out under, a permit or notice.\nA permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any Local Government Act .\nA notice is a notice issued under any Local Government Act .\nThe authorised person may enter the property without the permission of the occupier of the property—\nat any reasonable time during the day; or\nat night, if—\nthe occupier of the property asks the authorised person to enter the property at that time; or\nthe conditions of the permit allow the authorised person to enter the property at that time; or\nthe property is a public place and is not closed to the public.\nHowever, the authorised person—\nmust, as soon as the authorised person enters the property, inform any occupier of the property—\nof the reason for entering the property; and\nthat the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\nmay enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.\ns 132 amd 2012 No. 3 s 25\n(sec.132-ssec.1) This section applies if an authorised person wants to enter a property— to inspect the property in order to process an application made under any Local Government Act ; or to inspect a record that is required to be kept for a budget accommodation building under the Building Act , chapter 7 ; or to find out whether the conditions on which a permit or notice was issued have been complied with; or to inspect work that is the subject of, or was carried out under, a permit or notice.\n(sec.132-ssec.2) A permit is an approval, authorisation, consent, licence, permission, registration or other authority issued under any Local Government Act .\n(sec.132-ssec.3) A notice is a notice issued under any Local Government Act .\n(sec.132-ssec.4) The authorised person may enter the property without the permission of the occupier of the property— at any reasonable time during the day; or at night, if— the occupier of the property asks the authorised person to enter the property at that time; or the conditions of the permit allow the authorised person to enter the property at that time; or the property is a public place and is not closed to the public.\n(sec.132-ssec.5) However, the authorised person— must, as soon as the authorised person enters the property, inform any occupier of the property— of the reason for entering the property; and that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.\n- (a) to inspect the property in order to process an application made under any Local Government Act ; or\n- (b) to inspect a record that is required to be kept for a budget accommodation building under the Building Act , chapter 7 ; or\n- (c) to find out whether the conditions on which a permit or notice was issued have been complied with; or\n- (d) to inspect work that is the subject of, or was carried out under, a permit or notice.\n- (a) at any reasonable time during the day; or\n- (b) at night, if— (i) the occupier of the property asks the authorised person to enter the property at that time; or (ii) the conditions of the permit allow the authorised person to enter the property at that time; or (iii) the property is a public place and is not closed to the public.\n- (i) the occupier of the property asks the authorised person to enter the property at that time; or\n- (ii) the conditions of the permit allow the authorised person to enter the property at that time; or\n- (iii) the property is a public place and is not closed to the public.\n- (i) the occupier of the property asks the authorised person to enter the property at that time; or\n- (ii) the conditions of the permit allow the authorised person to enter the property at that time; or\n- (iii) the property is a public place and is not closed to the public.\n- (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) may enter a home that is on the property only if the occupier of the relevant part of the property accompanies the authorised person.\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":197},{"sectionNumber":"sec.133","sectionType":"section","heading":"Entering property under an approved inspection program","content":"### sec.133 Entering property under an approved inspection program\n\nAn authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program.\nAn approved inspection program is a program, approved by a local government, under which an authorised person may enter and inspect properties in the local government area to ensure the Local Government Acts are being complied with.\na program to ensure that swimming pools are fenced in accordance with a local law\nThe local government must give, or must make a reasonable attempt to give, the occupier of the property a notice that informs the occupier of the following—\nthe local government’s intention to enter the property;\nthe reason for entering the property;\nan estimation of when the property will be entered.\nA local government may give the notice to an occupier of a property by dropping a flyer in the letterbox for the property.\nThe local government must give, or make a reasonable attempt to give, the notice to the occupier within a reasonable time before the property is to be entered.\nThe authorised person—\nmust, as soon as the authorised person enters the property, inform any occupier of the property—\nof the reason for entering the property; and\nthat the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\nmay enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .\ns 133 amd 2018 No. 8 s 34\n(sec.133-ssec.1) An authorised person may enter a property (other than a home on the property) without the permission of the occupier of the property, at any reasonable time of the day or night, under an approved inspection program.\n(sec.133-ssec.2) An approved inspection program is a program, approved by a local government, under which an authorised person may enter and inspect properties in the local government area to ensure the Local Government Acts are being complied with. a program to ensure that swimming pools are fenced in accordance with a local law\n(sec.133-ssec.3) The local government must give, or must make a reasonable attempt to give, the occupier of the property a notice that informs the occupier of the following— the local government’s intention to enter the property; the reason for entering the property; an estimation of when the property will be entered. A local government may give the notice to an occupier of a property by dropping a flyer in the letterbox for the property.\n(sec.133-ssec.4) The local government must give, or make a reasonable attempt to give, the notice to the occupier within a reasonable time before the property is to be entered.\n(sec.133-ssec.5) The authorised person— must, as soon as the authorised person enters the property, inform any occupier of the property— of the reason for entering the property; and that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and may enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .\n- (a) the local government’s intention to enter the property;\n- (b) the reason for entering the property;\n- (c) an estimation of when the property will be entered.\n- (a) must, as soon as the authorised person enters the property, inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) may enter a budget accommodation building on the property only to monitor compliance with the Building Act , chapter 7 .\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":198},{"sectionNumber":"sec.134","sectionType":"section","heading":"Approving an inspection program","content":"### sec.134 Approving an inspection program\n\nA local government may, by resolution, approve the following types of inspection programs—\na systematic inspection program;\na selective inspection program.\nA systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in the local government area.\nA selective inspection program allows an authorised person to enter and inspect those properties in the local government area that have been selected in accordance with objective criteria specified in the resolution.\nThe resolution must state—\nthe purpose of the program; and\nwhen the program starts; and\nfor a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and\nfor a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and\nthe period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.\nThe local government must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts.\nThe notice must be published—\non the local government’s website; and\nin other ways the local government considers appropriate.\nThe notice must state the following—\nthe name of the local government;\nthe purpose and scope of the program, in general terms;\nwhen the program starts;\nthe period over which the program is to be carried out;\nthat the public may inspect a copy of the resolution that approved the program at the local government’s public office until the end of the program;\nthat a copy of the resolution that approved the program may be purchased at the local government’s public office until the end of the program;\nthe price of a copy of the resolution that approved the program.\nThe price of a copy of the resolution that approved the program must be no more than the cost to the local government of making the copy available for purchase.\nFrom the time when the notice is published under subsection (6) until the end of the program—\nthe public may inspect a copy of the resolution that approved the program at the local government’s public office; and\ncopies of the resolution that approved the program must be available for purchase at the local government’s public office at the price stated in the notice.\ns 134 amd 2023 No. 30 s 35\n(sec.134-ssec.1) A local government may, by resolution, approve the following types of inspection programs— a systematic inspection program; a selective inspection program.\n(sec.134-ssec.2) A systematic inspection program allows an authorised person to enter and inspect all properties, or all properties of a certain type, in the local government area.\n(sec.134-ssec.3) A selective inspection program allows an authorised person to enter and inspect those properties in the local government area that have been selected in accordance with objective criteria specified in the resolution.\n(sec.134-ssec.4) The resolution must state— the purpose of the program; and when the program starts; and for a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.\n(sec.134-ssec.5) The local government must give the public notice of the approval of an inspection program, at least 14 days, but not more than 28 days, before the approved inspection program starts.\n(sec.134-ssec.6) The notice must be published— on the local government’s website; and in other ways the local government considers appropriate.\n(sec.134-ssec.7) The notice must state the following— the name of the local government; the purpose and scope of the program, in general terms; when the program starts; the period over which the program is to be carried out; that the public may inspect a copy of the resolution that approved the program at the local government’s public office until the end of the program; that a copy of the resolution that approved the program may be purchased at the local government’s public office until the end of the program; the price of a copy of the resolution that approved the program.\n(sec.134-ssec.8) The price of a copy of the resolution that approved the program must be no more than the cost to the local government of making the copy available for purchase.\n(sec.134-ssec.9) From the time when the notice is published under subsection (6) until the end of the program— the public may inspect a copy of the resolution that approved the program at the local government’s public office; and copies of the resolution that approved the program must be available for purchase at the local government’s public office at the price stated in the notice.\n- (a) a systematic inspection program;\n- (b) a selective inspection program.\n- (a) the purpose of the program; and\n- (b) when the program starts; and\n- (c) for a systematic inspection program that allows a type of property to be entered and inspected—a description of the type of property; and\n- (d) for a selective inspection program—the objective criteria for selecting the properties to be entered and inspected; and\n- (e) the period (of not more than 3 months or another period prescribed under a regulation) over which the program is to be carried out.\n- (a) on the local government’s website; and\n- (b) in other ways the local government considers appropriate.\n- (a) the name of the local government;\n- (b) the purpose and scope of the program, in general terms;\n- (c) when the program starts;\n- (d) the period over which the program is to be carried out;\n- (e) that the public may inspect a copy of the resolution that approved the program at the local government’s public office until the end of the program;\n- (f) that a copy of the resolution that approved the program may be purchased at the local government’s public office until the end of the program;\n- (g) the price of a copy of the resolution that approved the program.\n- (a) the public may inspect a copy of the resolution that approved the program at the local government’s public office; and\n- (b) copies of the resolution that approved the program must be available for purchase at the local government’s public office at the price stated in the notice.","sortOrder":199},{"sectionNumber":"sec.134A","sectionType":"section","heading":"Entry by authorised person, at reasonable times, to inspect regulated pools","content":"### sec.134A Entry by authorised person, at reasonable times, to inspect regulated pools\n\nAt all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance with—\nif, under the Building Act , the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or\nif paragraph (a) does not apply—a provision of a law that regulates—\nthe construction or maintenance of barriers or fencing for the pool; or\nanother matter relating to the safety of persons using the pool.\nHowever, the authorised person must, as soon as the authorised person enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\nIn this section—\npool safety standard see the Building Act , section 231D .\ns 134A ins 2010 No. 35 s 40\n(sec.134A-ssec.1) At all reasonable times, an authorised person may enter a property (other than a home on the property) without permission of the occupier of the property to inspect a regulated pool, and barriers or fencing for the pool, for compliance with— if, under the Building Act , the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or if paragraph (a) does not apply—a provision of a law that regulates— the construction or maintenance of barriers or fencing for the pool; or another matter relating to the safety of persons using the pool.\n(sec.134A-ssec.2) However, the authorised person must, as soon as the authorised person enters the property— inform any occupier of the property— of the reason for entering the property; and that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n(sec.134A-ssec.3) In this section— pool safety standard see the Building Act , section 231D .\n- (a) if, under the Building Act , the owner of the pool must ensure the pool complies with the pool safety standard or a part of the standard—the pool safety standard or part; or\n- (b) if paragraph (a) does not apply—a provision of a law that regulates— (i) the construction or maintenance of barriers or fencing for the pool; or (ii) another matter relating to the safety of persons using the pool.\n- (i) the construction or maintenance of barriers or fencing for the pool; or\n- (ii) another matter relating to the safety of persons using the pool.\n- (i) the construction or maintenance of barriers or fencing for the pool; or\n- (ii) another matter relating to the safety of persons using the pool.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the authorised person is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":200},{"sectionNumber":"sec.135","sectionType":"section","heading":"General powers after entering a property","content":"### sec.135 General powers after entering a property\n\nThis section explains the powers that an authorised person has after entering a property, other than entering a property—\nto ask the occupier of the property for permission to stay on the property; or\nunder section 132 , 133 or 134A .\nThe authorised person may—\nsearch any part of the property; or\ninspect, test, photograph or film anything that is in or on the property; or\ncopy a document that is in or on the property; or\ntake samples of or from anything that is in or on the property; or\ntake into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or\nrequire the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .\nAn authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.\nIf a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—8 penalty units.\nIf the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.\ns 135 amd 2010 No. 23 s 301 ; 2010 No. 35 s 41\n(sec.135-ssec.1) This section explains the powers that an authorised person has after entering a property, other than entering a property— to ask the occupier of the property for permission to stay on the property; or under section 132 , 133 or 134A .\n(sec.135-ssec.2) The authorised person may— search any part of the property; or inspect, test, photograph or film anything that is in or on the property; or copy a document that is in or on the property; or take samples of or from anything that is in or on the property; or take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .\n(sec.135-ssec.3) An authorised person may exercise a power under subsection (2) only if exercising the power is necessary for the purpose related to the entry of the property.\n(sec.135-ssec.4) If a person is required to give reasonable help under subsection (2) (f) , the person must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—8 penalty units.\n(sec.135-ssec.5) If the requirement is to be complied with by the person giving information or producing a document, it is a reasonable excuse for the person to fail to comply with the requirement if complying with the requirement might incriminate the person.\n- (a) to ask the occupier of the property for permission to stay on the property; or\n- (b) under section 132 , 133 or 134A .\n- (a) search any part of the property; or\n- (b) inspect, test, photograph or film anything that is in or on the property; or\n- (c) copy a document that is in or on the property; or\n- (d) take samples of or from anything that is in or on the property; or\n- (e) take into or onto the property any persons, equipment and materials that the authorised person reasonably requires for exercising the authorised person’s powers; or\n- (f) require the occupier of the property, or a person in or on the property, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .","sortOrder":201},{"sectionNumber":"sec.136","sectionType":"section","heading":"Authorised person to give notice of damage","content":"### sec.136 Authorised person to give notice of damage\n\nThis section applies if—\nsomething is damaged by—\nan authorised person, when the authorised person exercises a power under this division; or\na person who is authorised by an authorised person to take action under this division, when the person takes the action; or\nthe authorised person considers, on reasonable grounds, that the damage is more than trivial damage.\nThe authorised person must immediately give notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.\nHowever, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.\nThe owner of a thing includes a person in possession or control of the thing.\nIf the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.\ns 136 amd 2018 No. 8 s 34\n(sec.136-ssec.1) This section applies if— something is damaged by— an authorised person, when the authorised person exercises a power under this division; or a person who is authorised by an authorised person to take action under this division, when the person takes the action; or the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.\n(sec.136-ssec.2) The authorised person must immediately give notice of the particulars of the damage to the person who appears to be the owner of the thing that was damaged.\n(sec.136-ssec.3) However, if for any reason it is not practicable to do so, the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the thing was damaged.\n(sec.136-ssec.4) The owner of a thing includes a person in possession or control of the thing.\n(sec.136-ssec.5) If the authorised person believes the damage was caused by a latent defect in the thing, or other circumstances beyond the authorised person’s control, the authorised person may state that in the notice.\n- (a) something is damaged by— (i) an authorised person, when the authorised person exercises a power under this division; or (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or\n- (i) an authorised person, when the authorised person exercises a power under this division; or\n- (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or\n- (b) the authorised person considers, on reasonable grounds, that the damage is more than trivial damage.\n- (i) an authorised person, when the authorised person exercises a power under this division; or\n- (ii) a person who is authorised by an authorised person to take action under this division, when the person takes the action; or","sortOrder":202},{"sectionNumber":"sec.137","sectionType":"section","heading":"Compensation for damage or loss caused after entry","content":"### sec.137 Compensation for damage or loss caused after entry\n\nIf a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the local government must pay the person compensation.\nThe compensation equals—\nthe amount agreed between the person and local government; or\nif the person and local government can not agree, the amount that is decided by a court.\nThe person may claim the compensation in—\nany proceedings for compensation; or\nany proceedings brought against the person for an offence against any Local Government Act .\nA court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\nThe court may make any order about costs that the court considers just.\n(sec.137-ssec.1) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division, the local government must pay the person compensation.\n(sec.137-ssec.2) The compensation equals— the amount agreed between the person and local government; or if the person and local government can not agree, the amount that is decided by a court.\n(sec.137-ssec.3) The person may claim the compensation in— any proceedings for compensation; or any proceedings brought against the person for an offence against any Local Government Act .\n(sec.137-ssec.4) A court may order compensation to be paid only if the court is satisfied it is just to do so in all the circumstances.\n(sec.137-ssec.5) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order.\n(sec.137-ssec.6) The court may make any order about costs that the court considers just.\n- (a) the amount agreed between the person and local government; or\n- (b) if the person and local government can not agree, the amount that is decided by a court.\n- (a) any proceedings for compensation; or\n- (b) any proceedings brought against the person for an offence against any Local Government Act .","sortOrder":203},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Powers of other persons","content":"## Powers of other persons","sortOrder":204},{"sectionNumber":"sec.138","sectionType":"section","heading":"What this division is about","content":"### sec.138 What this division is about\n\nThis division is about the powers that may be used—\nto enable a local government to perform its responsibilities; or\nto ensure that a person complies with this Act, and the other Local Government Acts, including by complying with a remedial notice.\nThis division explains the circumstances in which a person is authorised to enter a property under this division, namely—\nin a potentially dangerous situation, to take urgent action; or\nto take action in relation to local government facilities on the property (including water or sewerage pipes, for example); or\nwith (and in accordance with) the permission of the occupier of the property; or\nwith (and in accordance with) a court order; or\nwith (and in accordance with) a reasonable entry notice.\nThe following persons may enter a property under this division—\nif the occupier of the property is not the owner of the property—the owner or the owner’s agent;\na local government worker.\nA local government worker is an employee, or agent, of the local government who is authorised by the local government to act under this division.\nNot every employee or agent of the local government would ordinarily be authorised to act under this division.\nHowever, the local government may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.\nForce must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.\ns 138 amd 2010 No. 23 s 302 ; 2012 No. 33 s 113 ; 2026 No. 5 s 55\n(sec.138-ssec.1) This division is about the powers that may be used— to enable a local government to perform its responsibilities; or to ensure that a person complies with this Act, and the other Local Government Acts, including by complying with a remedial notice.\n(sec.138-ssec.2) This division explains the circumstances in which a person is authorised to enter a property under this division, namely— in a potentially dangerous situation, to take urgent action; or to take action in relation to local government facilities on the property (including water or sewerage pipes, for example); or with (and in accordance with) the permission of the occupier of the property; or with (and in accordance with) a court order; or with (and in accordance with) a reasonable entry notice.\n(sec.138-ssec.3) The following persons may enter a property under this division— if the occupier of the property is not the owner of the property—the owner or the owner’s agent; a local government worker.\n(sec.138-ssec.4) A local government worker is an employee, or agent, of the local government who is authorised by the local government to act under this division. Not every employee or agent of the local government would ordinarily be authorised to act under this division.\n(sec.138-ssec.5) However, the local government may authorise an employee or agent to act under this division only if the employee or agent is appropriately qualified or trained to exercise a power or perform a responsibility under this division.\n(sec.138-ssec.6) Force must not be used to enter a property under this division, unless the property is entered under a court order that specifically authorises the use of that force.\n- (a) to enable a local government to perform its responsibilities; or\n- (b) to ensure that a person complies with this Act, and the other Local Government Acts, including by complying with a remedial notice.\n- (a) in a potentially dangerous situation, to take urgent action; or\n- (b) to take action in relation to local government facilities on the property (including water or sewerage pipes, for example); or\n- (c) with (and in accordance with) the permission of the occupier of the property; or\n- (d) with (and in accordance with) a court order; or\n- (e) with (and in accordance with) a reasonable entry notice.\n- (a) if the occupier of the property is not the owner of the property—the owner or the owner’s agent;\n- (b) a local government worker.","sortOrder":205},{"sectionNumber":"sec.138AA","sectionType":"section","heading":"Notices for this division","content":"### sec.138AA Notices for this division\n\nA remedial notice is a notice that requires the owner or occupier of a property to take action under a Local Government Act in relation to the property (including fencing a pool, for example).\nA remedial notice may only be given by a local government to the person who, under a Local Government Act , is required to take the action stated in the notice.\nA reasonable entry notice is a notice about a proposed entry of a property that states—\nwho is to enter the property; and\nthe reason for entering the property; and\nthe days and times when the property is to be entered.\nA remedial notice and a reasonable entry notice may not be combined unless—\nthe owner of the property is also the occupier of the property; or\nthe occupier of the property is the person who, under a Local Government Act , is required to take the action stated in the remedial notice.\nA notice given under this division in contravention of this section is of no effect.\ns 138AA ins 2012 No. 33 s 114\namd 2018 No. 8 s 34 ; 2026 No. 5 s 56\n(sec.138AA-ssec.1) A remedial notice is a notice that requires the owner or occupier of a property to take action under a Local Government Act in relation to the property (including fencing a pool, for example).\n(sec.138AA-ssec.2) A remedial notice may only be given by a local government to the person who, under a Local Government Act , is required to take the action stated in the notice.\n(sec.138AA-ssec.3) A reasonable entry notice is a notice about a proposed entry of a property that states— who is to enter the property; and the reason for entering the property; and the days and times when the property is to be entered.\n(sec.138AA-ssec.4) A remedial notice and a reasonable entry notice may not be combined unless— the owner of the property is also the occupier of the property; or the occupier of the property is the person who, under a Local Government Act , is required to take the action stated in the remedial notice.\n(sec.138AA-ssec.5) A notice given under this division in contravention of this section is of no effect.\n- (a) who is to enter the property; and\n- (b) the reason for entering the property; and\n- (c) the days and times when the property is to be entered.\n- (a) the owner of the property is also the occupier of the property; or\n- (b) the occupier of the property is the person who, under a Local Government Act , is required to take the action stated in the remedial notice.","sortOrder":206},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Identity card for use under this division","content":"### sec.138A Identity card for use under this division\n\nA local government is not required to give a local government worker an identity card unless the worker is exercising a power of entry under this division.\nThis section does not stop a single identity card being issued to a person for this Act and for another purpose.\nA person who stops being a local government worker must return the person’s identity card to the local government within 21 days after stopping being a local government worker, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\ns 138A ins 2010 No. 23 s 303\namd 2012 No. 33 s 115\n(sec.138A-ssec.1) A local government is not required to give a local government worker an identity card unless the worker is exercising a power of entry under this division.\n(sec.138A-ssec.2) This section does not stop a single identity card being issued to a person for this Act and for another purpose.\n(sec.138A-ssec.3) A person who stops being a local government worker must return the person’s identity card to the local government within 21 days after stopping being a local government worker, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.","sortOrder":207},{"sectionNumber":"sec.139","sectionType":"section","heading":"Entry with, and in accordance with, permission of occupier","content":"### sec.139 Entry with, and in accordance with, permission of occupier\n\nAny person may enter a property with the permission of the occupier of the property.\nHowever, the right to enter the property—\nis subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\nmay be cancelled by the occupier at any time.\n(sec.139-ssec.1) Any person may enter a property with the permission of the occupier of the property.\n(sec.139-ssec.2) However, the right to enter the property— is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and may be cancelled by the occupier at any time.\n- (a) is subject to any conditions that the occupier imposes (including about the times when the property may be entered, for example); and\n- (b) may be cancelled by the occupier at any time.","sortOrder":208},{"sectionNumber":"sec.140","sectionType":"section","heading":"Entry by an owner, with reasonable entry notice, under a remedial notice","content":"### sec.140 Entry by an owner, with reasonable entry notice, under a remedial notice\n\nThis section applies if—\na local government gives a remedial notice to the owner of a property; and\nthe owner is not the occupier of the property.\nAt least 7 days after the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may—\nenter the property (other than a home on the property) on each day at the times stated in the reasonable entry notice; and\ntake the action that is required under the remedial notice.\nIf the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice.\nThis section does not affect any rights that the owner has apart from this section.\ns 140 amd 2012 No. 33 s 116 ; 2026 No. 5 s 57\n(sec.140-ssec.1) This section applies if— a local government gives a remedial notice to the owner of a property; and the owner is not the occupier of the property.\n(sec.140-ssec.2) At least 7 days after the owner gives a reasonable entry notice to the occupier of the property, the owner or the owner’s agent may— enter the property (other than a home on the property) on each day at the times stated in the reasonable entry notice; and take the action that is required under the remedial notice.\n(sec.140-ssec.3) If the occupier asks to inspect the remedial notice, the owner must allow the occupier to inspect the remedial notice.\n(sec.140-ssec.4) This section does not affect any rights that the owner has apart from this section.\n- (a) a local government gives a remedial notice to the owner of a property; and\n- (b) the owner is not the occupier of the property.\n- (a) enter the property (other than a home on the property) on each day at the times stated in the reasonable entry notice; and\n- (b) take the action that is required under the remedial notice.","sortOrder":209},{"sectionNumber":"sec.141","sectionType":"section","heading":"Occupier may discharge owner’s obligations","content":"### sec.141 Occupier may discharge owner’s obligations\n\nThis section applies if—\nthe owner of a property fails—\nto take the action in relation to the property that is required under a remedial notice; or\nto pay money that is payable in relation to the property under a Local Government Act (including rates, for example); and\nthe occupier of the property is not the owner of the property.\nThe occupier of the property may—\ntake the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or\npay the money that is payable, and recover the money as a debt payable by the owner.\nFor example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement.\n(sec.141-ssec.1) This section applies if— the owner of a property fails— to take the action in relation to the property that is required under a remedial notice; or to pay money that is payable in relation to the property under a Local Government Act (including rates, for example); and the occupier of the property is not the owner of the property.\n(sec.141-ssec.2) The occupier of the property may— take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or pay the money that is payable, and recover the money as a debt payable by the owner.\n(sec.141-ssec.3) For example, if the occupier is the owner’s tenant, the occupier may deduct the money from any rent that the occupier owes the owner, without being in breach of the tenancy agreement.\n- (a) the owner of a property fails— (i) to take the action in relation to the property that is required under a remedial notice; or (ii) to pay money that is payable in relation to the property under a Local Government Act (including rates, for example); and\n- (i) to take the action in relation to the property that is required under a remedial notice; or\n- (ii) to pay money that is payable in relation to the property under a Local Government Act (including rates, for example); and\n- (b) the occupier of the property is not the owner of the property.\n- (i) to take the action in relation to the property that is required under a remedial notice; or\n- (ii) to pay money that is payable in relation to the property under a Local Government Act (including rates, for example); and\n- (a) take the action that is required, and recover the amount that the occupier properly and reasonably incurs in taking the action as a debt payable by the owner; or\n- (b) pay the money that is payable, and recover the money as a debt payable by the owner.","sortOrder":210},{"sectionNumber":"sec.142","sectionType":"section","heading":"Entry by a local government worker, with reasonable entry notice, under a remedial notice","content":"### sec.142 Entry by a local government worker, with reasonable entry notice, under a remedial notice\n\nThis section applies if—\na local government gives a remedial notice to the owner or the occupier of a property who is required to take the action stated in the remedial notice (the responsible person ); and\nthe responsible person fails to take the action required under the remedial notice.\nAt least 7 days after giving a reasonable entry notice to the occupier of the property, a local government worker may—\nenter the property (other than a home on the property) without the permission of the occupier on each day at the times stated in the reasonable entry notice; and\ntake the action that is required under the remedial notice.\nHowever, the local government worker must, as soon as the local government worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\nThe local government may recover the amount that the local government properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.\nInterest is payable on the debt at the same rate that interest is payable on overdue rates levied by the local government.\nThe local government must give the person who failed to take the action notice of the amount of the debt.\nSubsection (8) applies if the person who failed to take the action is the owner of the property.\nIf the debt is not paid within 30 days after the date of the notice, the local government may recover the debt as if the debt were overdue rates.\ns 142 amd 2012 No. 33 s 117 ; 2018 No. 8 s 34 ; 2026 No. 5 s 58\n(sec.142-ssec.1) This section applies if— a local government gives a remedial notice to the owner or the occupier of a property who is required to take the action stated in the remedial notice (the responsible person ); and the responsible person fails to take the action required under the remedial notice.\n(sec.142-ssec.2) At least 7 days after giving a reasonable entry notice to the occupier of the property, a local government worker may— enter the property (other than a home on the property) without the permission of the occupier on each day at the times stated in the reasonable entry notice; and take the action that is required under the remedial notice.\n(sec.142-ssec.3) However, the local government worker must, as soon as the local government worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n(sec.142-ssec.4) The local government may recover the amount that the local government properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.\n(sec.142-ssec.5) Interest is payable on the debt at the same rate that interest is payable on overdue rates levied by the local government.\n(sec.142-ssec.6) The local government must give the person who failed to take the action notice of the amount of the debt.\n(sec.142-ssec.7) Subsection (8) applies if the person who failed to take the action is the owner of the property.\n(sec.142-ssec.8) If the debt is not paid within 30 days after the date of the notice, the local government may recover the debt as if the debt were overdue rates.\n- (a) a local government gives a remedial notice to the owner or the occupier of a property who is required to take the action stated in the remedial notice (the responsible person ); and\n- (b) the responsible person fails to take the action required under the remedial notice.\n- (a) enter the property (other than a home on the property) without the permission of the occupier on each day at the times stated in the reasonable entry notice; and\n- (b) take the action that is required under the remedial notice.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":211},{"sectionNumber":"sec.143","sectionType":"section","heading":"Entry by a local government worker, with reasonable entry notice, to take materials","content":"### sec.143 Entry by a local government worker, with reasonable entry notice, to take materials\n\nThis section applies if, in the circumstances, a local government has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.\nRelevant land means land, other than protected land, that is—\nwithin the local government area; or\nif the local government has the written approval of the Minister, under section 9 (4) (b) (i) , to exercise its powers outside its local government area—outside its local government area; or\nif the local government may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.\nProtected land is land that is—\nthe site of, or curtilage around, a home or other structure; or\na court, lawn, park, planted walk or avenue or yard; or\nunder cultivation (including a garden, nursery or plantation, for example); or\na state forest or timber reserve under the Forestry Act ; or\na protected area under the Nature Conservation Act 1992 ; or\nthe wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 .\nA local government worker may, after giving a reasonable entry notice to the owner and the occupier of the relevant land within a reasonable period before the land is to be entered—\nenter the land without the permission of the occupier of the land on each day at the times stated in the reasonable entry notice; and\nsearch for materials that the local government requires to perform its responsibilities; and\nremove the materials from the land.\nHowever, the local government worker must, as soon as the local government worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\nThe local government worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).\ns 143 amd 2010 No. 23 s 304 ; 2012 No. 33 s 118 ; 2026 No. 5 s 59\n(sec.143-ssec.1) This section applies if, in the circumstances, a local government has no other reasonably practicable way of obtaining materials other than by removing the materials from relevant land.\n(sec.143-ssec.2) Relevant land means land, other than protected land, that is— within the local government area; or if the local government has the written approval of the Minister, under section 9 (4) (b) (i) , to exercise its powers outside its local government area—outside its local government area; or if the local government may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.\n(sec.143-ssec.3) Protected land is land that is— the site of, or curtilage around, a home or other structure; or a court, lawn, park, planted walk or avenue or yard; or under cultivation (including a garden, nursery or plantation, for example); or a state forest or timber reserve under the Forestry Act ; or a protected area under the Nature Conservation Act 1992 ; or the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 .\n(sec.143-ssec.4) A local government worker may, after giving a reasonable entry notice to the owner and the occupier of the relevant land within a reasonable period before the land is to be entered— enter the land without the permission of the occupier of the land on each day at the times stated in the reasonable entry notice; and search for materials that the local government requires to perform its responsibilities; and remove the materials from the land.\n(sec.143-ssec.5) However, the local government worker must, as soon as the local government worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n(sec.143-ssec.6) The local government worker must not search for, or remove materials from, within 50m of any structure or works on the land (including a home, bridge, dam or wharf, for example).\n- (a) within the local government area; or\n- (b) if the local government has the written approval of the Minister, under section 9 (4) (b) (i) , to exercise its powers outside its local government area—outside its local government area; or\n- (c) if the local government may exercise a power in another local government’s area for the purpose of a joint government activity—within the other local government’s area.\n- (a) the site of, or curtilage around, a home or other structure; or\n- (b) a court, lawn, park, planted walk or avenue or yard; or\n- (c) under cultivation (including a garden, nursery or plantation, for example); or\n- (d) a state forest or timber reserve under the Forestry Act ; or\n- (e) a protected area under the Nature Conservation Act 1992 ; or\n- (f) the wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993 .\n- (a) enter the land without the permission of the occupier of the land on each day at the times stated in the reasonable entry notice; and\n- (b) search for materials that the local government requires to perform its responsibilities; and\n- (c) remove the materials from the land.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":212},{"sectionNumber":"sec.144","sectionType":"section","heading":"Entry by a local government worker, at reasonable times, to repair etc. facilities","content":"### sec.144 Entry by a local government worker, at reasonable times, to repair etc. facilities\n\nAt all reasonable times, a local government worker may enter a property (other than a home on the property) without the permission of the occupier of the property—\nto investigate the future installation of local government facilities on, over or under the property; or\nto install local government facilities on, over or under the property; or\nto inspect, maintain, operate, repair, replace or remove local government facilities, that are on, over or under the property, for their routine operations.\nLocal government facilities are facilities that are installed by a local government (including sewerage pipes, for example).\nHowever, the local government worker must, as soon as the local government worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\n(sec.144-ssec.1) At all reasonable times, a local government worker may enter a property (other than a home on the property) without the permission of the occupier of the property— to investigate the future installation of local government facilities on, over or under the property; or to install local government facilities on, over or under the property; or to inspect, maintain, operate, repair, replace or remove local government facilities, that are on, over or under the property, for their routine operations.\n(sec.144-ssec.2) Local government facilities are facilities that are installed by a local government (including sewerage pipes, for example).\n(sec.144-ssec.3) However, the local government worker must, as soon as the local government worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n- (a) to investigate the future installation of local government facilities on, over or under the property; or\n- (b) to install local government facilities on, over or under the property; or\n- (c) to inspect, maintain, operate, repair, replace or remove local government facilities, that are on, over or under the property, for their routine operations.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":213},{"sectionNumber":"sec.145","sectionType":"section","heading":"Entry by a local government worker, at any time, for urgent action","content":"### sec.145 Entry by a local government worker, at any time, for urgent action\n\nA local government worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes.\nA local government worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property.\nHowever, the local government worker must, as soon as reasonably practicable after the local government worker enters the property—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\nproduce his or her identity card for the occupier of the property to inspect.\n(sec.145-ssec.1) A local government worker may enter a property (other than a home on the property), at any time without the permission of the occupier of the property, in a potentially dangerous situation to take urgent action for local government purposes. A local government worker may enter a property to cut down a tree that was blown over in a storm and is in danger of falling and injuring someone or damaging property.\n(sec.145-ssec.2) However, the local government worker must, as soon as reasonably practicable after the local government worker enters the property— inform any occupier of the property— of the reason for entering the property; and that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and produce his or her identity card for the occupier of the property to inspect.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and\n- (b) produce his or her identity card for the occupier of the property to inspect.\n- (i) of the reason for entering the property; and\n- (ii) that the local government worker is authorised under this Act to enter the property without the permission of the occupier; and","sortOrder":214},{"sectionNumber":"sec.146","sectionType":"section","heading":"Entry with, and in accordance with, a court order","content":"### sec.146 Entry with, and in accordance with, a court order\n\nA person may enter a property with, and in accordance with, a court order made under this section.\nThe person must apply to a magistrate for the court order.\nThe application must—\nbe in the form approved by the department’s chief executive; and\nbe sworn; and\nstate the grounds on which the court order is sought.\nThe person must, as soon as practicable, give a copy of the application to—\nif the person is not the owner of the property—the owner of the property; and\nthe occupier of the property.\nThe magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires.\nThe magistrate may require additional information supporting the application to be given by statutory declaration.\nIf the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the Local Government Acts, the magistrate may make the court order.\nThe court order must—\ndirect the occupier of the property to allow the person to enter the property and take all action that is necessary under any Local Government Act ; and\nstate the hours of the day or night when the property may be entered; and\nstate the day (within 14 days after the court order is made) when the court order ends.\nIf the person who applied for the court order is a local government worker, the court order may authorise the local government worker to use necessary and reasonable help and force to enter the property.\nThe magistrate must record the reasons for making the court order.\nAs soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things—\ninform any occupier of the property—\nof the reason for entering the property; and\nthat the person is authorised under the court order to enter the property without the permission of the occupier;\nif the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.\n(sec.146-ssec.1) A person may enter a property with, and in accordance with, a court order made under this section.\n(sec.146-ssec.2) The person must apply to a magistrate for the court order.\n(sec.146-ssec.3) The application must— be in the form approved by the department’s chief executive; and be sworn; and state the grounds on which the court order is sought.\n(sec.146-ssec.4) The person must, as soon as practicable, give a copy of the application to— if the person is not the owner of the property—the owner of the property; and the occupier of the property.\n(sec.146-ssec.5) The magistrate may refuse to consider the application until the person gives the magistrate all the information that the magistrate requires about the application in the way that the magistrate requires. The magistrate may require additional information supporting the application to be given by statutory declaration.\n(sec.146-ssec.6) If the magistrate is satisfied that entry to the property is necessary to allow the person to take action under any of the Local Government Acts, the magistrate may make the court order.\n(sec.146-ssec.7) The court order must— direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any Local Government Act ; and state the hours of the day or night when the property may be entered; and state the day (within 14 days after the court order is made) when the court order ends.\n(sec.146-ssec.8) If the person who applied for the court order is a local government worker, the court order may authorise the local government worker to use necessary and reasonable help and force to enter the property.\n(sec.146-ssec.9) The magistrate must record the reasons for making the court order.\n(sec.146-ssec.10) As soon as the person enters the property under the court order, the person must do, or make a reasonable attempt to do, the following things— inform any occupier of the property— of the reason for entering the property; and that the person is authorised under the court order to enter the property without the permission of the occupier; if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.\n- (a) be in the form approved by the department’s chief executive; and\n- (b) be sworn; and\n- (c) state the grounds on which the court order is sought.\n- (a) if the person is not the owner of the property—the owner of the property; and\n- (b) the occupier of the property.\n- (a) direct the occupier of the property to allow the person to enter the property and take all action that is necessary under any Local Government Act ; and\n- (b) state the hours of the day or night when the property may be entered; and\n- (c) state the day (within 14 days after the court order is made) when the court order ends.\n- (a) inform any occupier of the property— (i) of the reason for entering the property; and (ii) that the person is authorised under the court order to enter the property without the permission of the occupier;\n- (i) of the reason for entering the property; and\n- (ii) that the person is authorised under the court order to enter the property without the permission of the occupier;\n- (b) if the court order authorises the person to use force to enter the property—give the occupier a reasonable opportunity to allow the person to immediately enter the property without using force.\n- (i) of the reason for entering the property; and\n- (ii) that the person is authorised under the court order to enter the property without the permission of the occupier;","sortOrder":215},{"sectionNumber":"sec.147","sectionType":"section","heading":"Compensation for damage or loss caused","content":"### sec.147 Compensation for damage or loss caused\n\nA local government worker who enters a property—\nmust not cause, or contribute to, damage to any structure or works on the property; and\nmust take all reasonable steps to ensure that the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\nIf a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the local government must pay the person compensation.\nThe compensation equals—\nthe amount agreed between the person and local government; or\nif the person and local government can not agree, the amount that is decided by a court.\nThe court may make any order about costs that the court considers just.\n(sec.147-ssec.1) A local government worker who enters a property— must not cause, or contribute to, damage to any structure or works on the property; and must take all reasonable steps to ensure that the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\n(sec.147-ssec.2) If a person incurs damage or loss because of the exercise, or purported exercise, of a power under this division (including the loss of the value of materials removed from a property, or the reduction in the value of the property, for example), the local government must pay the person compensation.\n(sec.147-ssec.3) The compensation equals— the amount agreed between the person and local government; or if the person and local government can not agree, the amount that is decided by a court.\n(sec.147-ssec.4) The court may make any order about costs that the court considers just.\n- (a) must not cause, or contribute to, damage to any structure or works on the property; and\n- (b) must take all reasonable steps to ensure that the worker causes as little inconvenience, and does as little other damage, as is practicable in the circumstances.\n- (a) the amount agreed between the person and local government; or\n- (b) if the person and local government can not agree, the amount that is decided by a court.","sortOrder":216},{"sectionNumber":"sec.148","sectionType":"section","heading":"Limitation of time in absence of notice of work done","content":"### sec.148 Limitation of time in absence of notice of work done\n\nThis section applies if work is done on a property without an approval that is required under a Local Government Act .\nFor the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a local government worker first finds out about the work.\n(sec.148-ssec.1) This section applies if work is done on a property without an approval that is required under a Local Government Act .\n(sec.148-ssec.2) For the purposes of any limitation of time for taking any proceedings or doing anything else about the work, the work is taken to have been done when a local government worker first finds out about the work.","sortOrder":217},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":218},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Investigation of local government records","content":"# Investigation of local government records","sortOrder":219},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":220},{"sectionNumber":"sec.148A","sectionType":"section","heading":"What this part is about","content":"### sec.148A What this part is about\n\nThis part is about investigations conducted by the department or a local government into the accuracy of the local government’s registers or records that are required to be kept under this Act.\ns 148A ins 2010 No. 23 s 305","sortOrder":221},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Investigations by department","content":"## Investigations by department","sortOrder":222},{"sectionNumber":"sec.148B","sectionType":"section","heading":"Producing authorised officer’s identity card","content":"### sec.148B Producing authorised officer’s identity card\n\nThis section applies if the department’s chief executive directs an authorised officer to exercise a power under this division.\nThe authorised officer may exercise the power, in relation to a person, only if the officer—\nfirst produces his or her identity card for the person to inspect; or\nhas his or her identity card displayed so it is clearly visible to the person.\ns 148B ins 2010 No. 23 s 305\n(sec.148B-ssec.1) This section applies if the department’s chief executive directs an authorised officer to exercise a power under this division.\n(sec.148B-ssec.2) The authorised officer may exercise the power, in relation to a person, only if the officer— first produces his or her identity card for the person to inspect; or has his or her identity card displayed so it is clearly visible to the person.\n- (a) first produces his or her identity card for the person to inspect; or\n- (b) has his or her identity card displayed so it is clearly visible to the person.","sortOrder":223},{"sectionNumber":"sec.148C","sectionType":"section","heading":"Making of inquiries for department","content":"### sec.148C Making of inquiries for department\n\nThis section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information included in a register or record of a local government is incorrect because of an error or omission.\nAn authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect.\ns 148C ins 2010 No. 23 s 305\n(sec.148C-ssec.1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that information included in a register or record of a local government is incorrect because of an error or omission.\n(sec.148C-ssec.2) An authorised officer, if directed by the department’s chief executive, may make all inquiries the chief executive considers to be reasonable to find out whether and to what extent the register or record is incorrect.","sortOrder":224},{"sectionNumber":"sec.148D","sectionType":"section","heading":"Power to require information or document for department investigation","content":"### sec.148D Power to require information or document for department investigation\n\nThis section applies if the department’s chief executive suspects or believes, on reasonable grounds, that—\neither or both of the following apply—\ninformation included in a register or record of a local government is incorrect because of an error or omission;\nan offence against this Act has been committed relating to a register or record; and\na person—\nis able to give information about the error, omission or offence; or\nholds a document relating to the error, omission or offence.\nThe department’s chief executive or, if directed by the chief executive, an authorised officer may require the person to give the information or produce the document.\nWhen making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\nIt is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.\nIf the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer—\nmay keep the document to take an extract from it or make a copy of it; and\nmust return the document to the person as soon as practicable after taking the extract or making the copy.\ns 148D ins 2010 No. 23 s 305\n(sec.148D-ssec.1) This section applies if the department’s chief executive suspects or believes, on reasonable grounds, that— either or both of the following apply— information included in a register or record of a local government is incorrect because of an error or omission; an offence against this Act has been committed relating to a register or record; and a person— is able to give information about the error, omission or offence; or holds a document relating to the error, omission or offence.\n(sec.148D-ssec.2) The department’s chief executive or, if directed by the chief executive, an authorised officer may require the person to give the information or produce the document.\n(sec.148D-ssec.3) When making the requirement, the department’s chief executive or authorised officer must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.148D-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.148D-ssec.5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\n(sec.148D-ssec.6) It is a defence in a prosecution under subsection (4) that the information or document sought by the department’s chief executive or authorised officer is not relevant to the error, omission or offence.\n(sec.148D-ssec.7) If the person produces the document to the department’s chief executive or authorised officer, the chief executive or officer— may keep the document to take an extract from it or make a copy of it; and must return the document to the person as soon as practicable after taking the extract or making the copy.\n- (a) either or both of the following apply— (i) information included in a register or record of a local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and\n- (i) information included in a register or record of a local government is incorrect because of an error or omission;\n- (ii) an offence against this Act has been committed relating to a register or record; and\n- (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence.\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (i) information included in a register or record of a local government is incorrect because of an error or omission;\n- (ii) an offence against this Act has been committed relating to a register or record; and\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (a) may keep the document to take an extract from it or make a copy of it; and\n- (b) must return the document to the person as soon as practicable after taking the extract or making the copy.","sortOrder":225},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Investigations by local government","content":"## Investigations by local government","sortOrder":226},{"sectionNumber":"sec.148E","sectionType":"section","heading":"Producing authorised person’s identity card","content":"### sec.148E Producing authorised person’s identity card\n\nThis section applies if the chief executive officer directs an authorised person to exercise a power under this division.\nThe authorised person may exercise the power, in relation to another person, only if the authorised person—\nfirst produces his or her identity card for the other person to inspect; or\nhas his or her identity card displayed so it is clearly visible to the other person.\ns 148E ins 2010 No. 23 s 305\n(sec.148E-ssec.1) This section applies if the chief executive officer directs an authorised person to exercise a power under this division.\n(sec.148E-ssec.2) The authorised person may exercise the power, in relation to another person, only if the authorised person— first produces his or her identity card for the other person to inspect; or has his or her identity card displayed so it is clearly visible to the other person.\n- (a) first produces his or her identity card for the other person to inspect; or\n- (b) has his or her identity card displayed so it is clearly visible to the other person.","sortOrder":227},{"sectionNumber":"sec.148F","sectionType":"section","heading":"Making of inquiries for local government","content":"### sec.148F Making of inquiries for local government\n\nThis section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the local government is incorrect because of an error or omission.\nThe chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect.\ns 148F ins 2010 No. 23 s 305\n(sec.148F-ssec.1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that information included in a register or record of the local government is incorrect because of an error or omission.\n(sec.148F-ssec.2) The chief executive officer or, if directed by the chief executive officer, an authorised person may make all inquiries the chief executive officer considers to be reasonable to find out whether and to what extent the register or record is incorrect.","sortOrder":228},{"sectionNumber":"sec.148G","sectionType":"section","heading":"Power to require information or document for local government investigation","content":"### sec.148G Power to require information or document for local government investigation\n\nThis section applies if the chief executive officer suspects or believes, on reasonable grounds, that—\neither or both of the following apply—\ninformation included in a register or record of the local government is incorrect because of an error or omission;\nan offence against this Act has been committed relating to a register or record; and\na person—\nis able to give information about the error, omission or offence; or\nholds a document relating to the error, omission or offence.\nThe chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.\nWhen making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\nThe person must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nIf the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\nIt is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.\nIf the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person—\nmay keep the document to take an extract from it or make a copy of it; and\nmust return the document to the person as soon as practicable after taking the extract or making the copy.\ns 148G ins 2010 No. 23 s 305\n(sec.148G-ssec.1) This section applies if the chief executive officer suspects or believes, on reasonable grounds, that— either or both of the following apply— information included in a register or record of the local government is incorrect because of an error or omission; an offence against this Act has been committed relating to a register or record; and a person— is able to give information about the error, omission or offence; or holds a document relating to the error, omission or offence.\n(sec.148G-ssec.2) The chief executive officer or, if directed by the chief executive officer, an authorised person may require the person to give the information or produce the document.\n(sec.148G-ssec.3) When making the requirement, the chief executive officer or authorised person must warn the person it is an offence to fail to comply with the requirement unless the person has a reasonable excuse.\n(sec.148G-ssec.4) The person must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.148G-ssec.5) If the person is an individual, it is a reasonable excuse for failing to comply with the requirement that giving the information or producing the document might tend to incriminate the person.\n(sec.148G-ssec.6) It is a defence in a prosecution under subsection (4) that the information or document sought by the chief executive officer or authorised person is not relevant to the error, omission or offence.\n(sec.148G-ssec.7) If the person produces the document to the chief executive officer or authorised person, the chief executive or authorised person— may keep the document to take an extract from it or make a copy of it; and must return the document to the person as soon as practicable after taking the extract or making the copy.\n- (a) either or both of the following apply— (i) information included in a register or record of the local government is incorrect because of an error or omission; (ii) an offence against this Act has been committed relating to a register or record; and\n- (i) information included in a register or record of the local government is incorrect because of an error or omission;\n- (ii) an offence against this Act has been committed relating to a register or record; and\n- (b) a person— (i) is able to give information about the error, omission or offence; or (ii) holds a document relating to the error, omission or offence.\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (i) information included in a register or record of the local government is incorrect because of an error or omission;\n- (ii) an offence against this Act has been committed relating to a register or record; and\n- (i) is able to give information about the error, omission or offence; or\n- (ii) holds a document relating to the error, omission or offence.\n- (a) may keep the document to take an extract from it or make a copy of it; and\n- (b) must return the document to the person as soon as practicable after taking the extract or making the copy.","sortOrder":229},{"sectionNumber":"sec.148H","sectionType":"section","heading":"Referral to department","content":"### sec.148H Referral to department\n\nThis section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record.\nThe chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive.\nSubsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act 2001 to notify the Crime and Corruption Commission of any complaint, information or matter that the chief executive officer reasonably suspects involves, or may involve, corrupt conduct under that Act.\ns 148H ins 2010 No. 23 s 305\namd 2014 No. 21 s 94 (2) sch 2 ; 2018 No. 8 s 8\n(sec.148H-ssec.1) This section applies if, because of inquiries made under this division, the chief executive officer concludes on reasonable grounds that an offence has been committed under this Act relating to a register or record.\n(sec.148H-ssec.2) The chief executive officer must report the chief executive officer’s conclusion, including the reasons for the conclusion, to the department’s chief executive.\n(sec.148H-ssec.3) Subsection (2) does not limit any duty the chief executive officer may have under the Crime and Corruption Act 2001 to notify the Crime and Corruption Commission of any complaint, information or matter that the chief executive officer reasonably suspects involves, or may involve, corrupt conduct under that Act.","sortOrder":230},{"sectionNumber":"sec.148I","sectionType":"section","heading":"Chief executive officer not subject to direction","content":"### sec.148I Chief executive officer not subject to direction\n\nThe chief executive officer is not subject to direction by the mayor in acting under this division.\ns 148I ins 2010 No. 23 s 305","sortOrder":231},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":232},{"sectionNumber":"sec.149","sectionType":"section","heading":"Obstructing local government officials","content":"### sec.149 Obstructing local government officials\n\nA person must not obstruct a local government official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nA local government official is any of the following persons—\nthe mayor;\nthe chief executive officer;\nan authorised person.\nA person must not obstruct a local government worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nLocal government workers are only those employees and agents of a local government who are authorised to act under chapter 5 , part 2 , division 2 .\nIn particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5 , part 2 , division 2 .\nIf a person has obstructed a local government official or local government worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that—\nit is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and\nthe official or worker considers the person’s conduct an obstruction.\nA person must not pull down, damage, deface or destroy a board or anything else that is displaying a local law, order, notice or other matter authorised by a local government.\nMaximum penalty for subsection (5) —35 penalty units.\ns 149 sub 2010 No. 23 s 305\namd 2012 No. 33 s 119 ; 2018 No. 8 s 9 ; 2019 No. 30 s 69\n(sec.149-ssec.1) A person must not obstruct a local government official in the exercise of a power under this Act or a local law, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.149-ssec.2) A local government official is any of the following persons— the mayor; the chief executive officer; an authorised person.\n(sec.149-ssec.3) A person must not obstruct a local government worker in the exercise of a power under part 2 , division 2 , unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Local government workers are only those employees and agents of a local government who are authorised to act under chapter 5 , part 2 , division 2 . In particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5 , part 2 , division 2 .\n(sec.149-ssec.4) If a person has obstructed a local government official or local government worker and the official or worker decides to proceed with the exercise of the power, the official or worker must warn the person that— it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and the official or worker considers the person’s conduct an obstruction.\n(sec.149-ssec.5) A person must not pull down, damage, deface or destroy a board 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.\n- (a) the mayor;\n- (b) the chief executive officer;\n- (c) an authorised person.\n- 1 Local government workers are only those employees and agents of a local government who are authorised to act under chapter 5 , part 2 , division 2 .\n- 2 In particular circumstances a local government worker may enter a property and carry out work or obtain materials in compliance with chapter 5 , part 2 , division 2 .\n- (a) it is an offence to obstruct the official or worker, unless the person has a reasonable excuse; and\n- (b) the official or worker considers the person’s conduct an obstruction.","sortOrder":233},{"sectionNumber":"sec.150","sectionType":"section","heading":"Impersonating authorised persons","content":"### sec.150 Impersonating authorised persons\n\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.\ns 150 sub 2010 No. 23 s 305\namd 2018 No. 8 s 10","sortOrder":234},{"sectionNumber":"sec.150A","sectionType":"section","heading":"Duty to make documents available","content":"### sec.150A Duty to make documents available\n\nA person who has charge of a document owned or held by a local government must not obstruct the viewing or copying of the document by another person who is authorised to view or copy the document under this Act.\nMaximum penalty—10 penalty units.\ns 150A ins 2010 No. 23 s 305\namd 2012 No. 33 s 192 sch ; 2018 No. 8 s 11","sortOrder":235},{"sectionNumber":"ch.5A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":236},{"sectionNumber":"ch.5A-pt.1-div.1","sectionType":"division","heading":"Introductory matters","content":"## Introductory matters","sortOrder":237},{"sectionNumber":"sec.150B","sectionType":"section","heading":"Overview of chapter","content":"### sec.150B Overview of chapter\n\nThis chapter is about—\nsetting appropriate standards for the behaviour of councillors; and\ndealing with the conduct of councillors at local government meetings that does not meet the standards; and\nassessing, investigating and dealing with complaints about the conduct of councillors; and\ndisciplinary action that may be taken against councillors who engage in a conduct breach or misconduct; and\nthe entities that assess, investigate and deal with complaints about the conduct of councillors.\nThis chapter provides—\nthat the conduct of councillors at local government meetings that does not meet appropriate standards of behaviour is generally to be dealt with by the chairperson of the meeting; and\nthat the conduct of chairpersons at local government meetings that does not meet appropriate standards of behaviour may be dealt with by the other councillors at the meeting; and\nthat the assessor must make a preliminary assessment of complaints, notices or information relating to the conduct of councillors; and\nthat the assessor, after making a preliminary assessment, may refer a suspected conduct breach of a councillor to the local government to be dealt with; and\nthat the assessor, after investigating a councillor’s conduct, may apply to the conduct tribunal to decide—\nwhether the councillor engaged in misconduct, or a conduct breach that is connected to misconduct; and\nif the conduct tribunal decides the councillor engaged in misconduct or a conduct breach, the action to be taken to discipline the councillor; and\nthat the assessor is to notify the Crime and Corruption Commission about suspected corrupt conduct as required under the Crime and Corruption Act 2001 .\ns 150B ins 2018 No. 8 s 12\namd 2019 No. 30 s 71 ; 2023 No. 30 s 36\namd 2026 No. 5 s 72 (uncommenced amendment)\n(sec.150B-ssec.1) This chapter is about— setting appropriate standards for the behaviour of councillors; and dealing with the conduct of councillors at local government meetings that does not meet the standards; and assessing, investigating and dealing with complaints about the conduct of councillors; and disciplinary action that may be taken against councillors who engage in a conduct breach or misconduct; and the entities that assess, investigate and deal with complaints about the conduct of councillors.\n(sec.150B-ssec.2) This chapter provides— that the conduct of councillors at local government meetings that does not meet appropriate standards of behaviour is generally to be dealt with by the chairperson of the meeting; and that the conduct of chairpersons at local government meetings that does not meet appropriate standards of behaviour may be dealt with by the other councillors at the meeting; and that the assessor must make a preliminary assessment of complaints, notices or information relating to the conduct of councillors; and that the assessor, after making a preliminary assessment, may refer a suspected conduct breach of a councillor to the local government to be dealt with; and that the assessor, after investigating a councillor’s conduct, may apply to the conduct tribunal to decide— whether the councillor engaged in misconduct, or a conduct breach that is connected to misconduct; and if the conduct tribunal decides the councillor engaged in misconduct or a conduct breach, the action to be taken to discipline the councillor; and that the assessor is to notify the Crime and Corruption Commission about suspected corrupt conduct as required under the Crime and Corruption Act 2001 .\n- (a) setting appropriate standards for the behaviour of councillors; and\n- (b) dealing with the conduct of councillors at local government meetings that does not meet the standards; and\n- (c) assessing, investigating and dealing with complaints about the conduct of councillors; and\n- (d) disciplinary action that may be taken against councillors who engage in a conduct breach or misconduct; and\n- (e) the entities that assess, investigate and deal with complaints about the conduct of councillors.\n- (a) that the conduct of councillors at local government meetings that does not meet appropriate standards of behaviour is generally to be dealt with by the chairperson of the meeting; and\n- (b) that the conduct of chairpersons at local government meetings that does not meet appropriate standards of behaviour may be dealt with by the other councillors at the meeting; and\n- (c) that the assessor must make a preliminary assessment of complaints, notices or information relating to the conduct of councillors; and\n- (d) that the assessor, after making a preliminary assessment, may refer a suspected conduct breach of a councillor to the local government to be dealt with; and\n- (e) that the assessor, after investigating a councillor’s conduct, may apply to the conduct tribunal to decide— (i) whether the councillor engaged in misconduct, or a conduct breach that is connected to misconduct; and (ii) if the conduct tribunal decides the councillor engaged in misconduct or a conduct breach, the action to be taken to discipline the councillor; and\n- (i) whether the councillor engaged in misconduct, or a conduct breach that is connected to misconduct; and\n- (ii) if the conduct tribunal decides the councillor engaged in misconduct or a conduct breach, the action to be taken to discipline the councillor; and\n- (f) that the assessor is to notify the Crime and Corruption Commission about suspected corrupt conduct as required under the Crime and Corruption Act 2001 .\n- (i) whether the councillor engaged in misconduct, or a conduct breach that is connected to misconduct; and\n- (ii) if the conduct tribunal decides the councillor engaged in misconduct or a conduct breach, the action to be taken to discipline the councillor; and","sortOrder":238},{"sectionNumber":"sec.150C","sectionType":"section","heading":"Definitions for chapter","content":"### sec.150C Definitions for chapter\n\nIn this chapter—\nassessor means the Independent Assessor appointed under section 150CV .\nbehavioural standard means a standard of behaviour for councillors set out in the code of conduct approved under section 150E .\nconduct includes—\nfailing to act; and\na conspiracy, or attempt, to engage in conduct.\nconduct breach see section 150K .\ns 150C def conduct breach ins 2023 No. 30 s 37 (2)\nom 2026 No. 5 s 73 (uncommenced amendment)\ninappropriate conduct ...\ns 150C def inappropriate conduct om 2023 No. 30 s 37 (1)\ninvestigation policy , of a local government, see section 150AE (1) .\ns 150C def investigation policy om 2026 No. 5 s 73 (uncommenced amendment)\ninvestigation report , for an investigation, means a report about the investigation prepared under the local government’s investigation policy.\ns 150C def investigation report ins 2023 No. 30 s 37 (2)\nom 2026 No. 5 s 73 (uncommenced amendment)\nlocal government includes the Brisbane City Council.\ns 150C def local government ins 2019 No. 30 s 125\nlocal government meeting ...\ns 150C def local government meeting om 2020 No. 20 s 100\nlocal government official means—\na councillor; or\nthe chief executive officer of a local government; or\nthe chief executive officer under the City of Brisbane Act 2010 .\ns 150C def local government official ins 2023 No. 30 s 37 (2)\nmisconduct see section 150L .\nmodel procedures see section 150F .\nreferral notice see section 150AC .\ns 150C def referral notice om 2026 No. 5 s 73 (uncommenced amendment)\nunsuitable meeting conduct see section 150H .\ns 150C ins 2018 No. 8 s 12\n- (a) failing to act; and\n- (b) a conspiracy, or attempt, to engage in conduct.\n- (a) a councillor; or\n- (b) the chief executive officer of a local government; or\n- (c) the chief executive officer under the City of Brisbane Act 2010 .","sortOrder":239},{"sectionNumber":"sec.150CAA","sectionType":"section","heading":"Application of local government principles","content":"### sec.150CAA Application of local government principles\n\nIn this chapter, the local government principles apply as if a reference in the principles to a councillor or local government employee included a reference to a councillor or council employee under the City of Brisbane Act 2010 .\ns 150CAA ins 2019 No. 30 s 126","sortOrder":240},{"sectionNumber":"sec.150CAB","sectionType":"section","heading":"Application of chapter","content":"### sec.150CAB Application of chapter\n\nThis chapter does not apply in relation to a person who was, but is no longer, a councillor unless the person has engaged in conduct that is suspected corrupt conduct.\ns 150CAB ins 2023 No. 30 s 38","sortOrder":241},{"sectionNumber":"ch.5A-pt.1-div.2","sectionType":"division","heading":"Code of conduct","content":"## Code of conduct","sortOrder":242},{"sectionNumber":"sec.150D","sectionType":"section","heading":"Minister to make code of conduct","content":"### sec.150D Minister to make code of conduct\n\nThe Minister must make a code of conduct that sets out the standards of behaviour for councillors in performing their functions as councillors under this Act or the City of Brisbane Act 2010 .\nSee section 4 which requires the Minister, in making a code of conduct under this section, to do so in a way that is consistent with, and provides results that are consistent with, the local government principles. See also section 150CAA in relation to the application of the local government principles.\nAlso, see the obligations imposed on councillors under chapter 6 , part 2 , division 5 or the City of Brisbane Act 2010 , chapter 6 , part 2 , division 5 which apply to councillors in performing their functions as councillors under this Act or the City of Brisbane Act 2010 .\nThe code of conduct may also contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.\ns 150D ins 2018 No. 8 s 12\namd 2019 No. 30 s 127\n(sec.150D-ssec.1) The Minister must make a code of conduct that sets out the standards of behaviour for councillors in performing their functions as councillors under this Act or the City of Brisbane Act 2010 . See section 4 which requires the Minister, in making a code of conduct under this section, to do so in a way that is consistent with, and provides results that are consistent with, the local government principles. See also section 150CAA in relation to the application of the local government principles. Also, see the obligations imposed on councillors under chapter 6 , part 2 , division 5 or the City of Brisbane Act 2010 , chapter 6 , part 2 , division 5 which apply to councillors in performing their functions as councillors under this Act or the City of Brisbane Act 2010 .\n(sec.150D-ssec.2) The code of conduct may also contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.\n- 1 See section 4 which requires the Minister, in making a code of conduct under this section, to do so in a way that is consistent with, and provides results that are consistent with, the local government principles. See also section 150CAA in relation to the application of the local government principles.\n- 2 Also, see the obligations imposed on councillors under chapter 6 , part 2 , division 5 or the City of Brisbane Act 2010 , chapter 6 , part 2 , division 5 which apply to councillors in performing their functions as councillors under this Act or the City of Brisbane Act 2010 .","sortOrder":243},{"sectionNumber":"sec.150E","sectionType":"section","heading":"Approval and publication of code of conduct","content":"### sec.150E Approval and publication of code of conduct\n\nThe code of conduct does not take effect until it is approved by a regulation.\nThe approved code of conduct must be—\ntabled in the Legislative Assembly with the regulation approving the code; and\npublished on the department’s website.\ns 150E ins 2018 No. 8 s 12\n(sec.150E-ssec.1) The code of conduct does not take effect until it is approved by a regulation.\n(sec.150E-ssec.2) The approved code of conduct must be— tabled in the Legislative Assembly with the regulation approving the code; and published on the department’s website.\n- (a) tabled in the Legislative Assembly with the regulation approving the code; and\n- (b) published on the department’s website.","sortOrder":244},{"sectionNumber":"ch.5A-pt.2","sectionType":"part","heading":"Conduct at local government meetings","content":"# Conduct at local government meetings","sortOrder":245},{"sectionNumber":"ch.5A-pt.2-div.1","sectionType":"division","heading":"Requirement for meeting procedures","content":"## Requirement for meeting procedures","sortOrder":246},{"sectionNumber":"sec.150F","sectionType":"section","heading":"Department’s chief executive to make model procedures","content":"### sec.150F Department’s chief executive to make model procedures\n\nThe department’s chief executive must make procedures (the model procedures ) for the conduct of meetings of a local government and its committees.\nWithout limiting subsection (1) , the model procedures must state—\nhow the chairperson of a local government meeting may deal with a councillor’s unsuitable meeting conduct; and\nhow the councillors at a local government meeting may deal with the chairperson’s unsuitable meeting conduct; and\nhow a suspected conduct breach of a councillor referred to the local government by the assessor must be dealt with at a local government meeting.\nThe department’s chief executive must publish the model procedures on the department’s website.\ns 150F ins 2018 No. 8 s 12\namd 2023 No. 30 s 39\namd 2026 No. 5 s 74 (uncommenced amendment)\n(sec.150F-ssec.1) The department’s chief executive must make procedures (the model procedures ) for the conduct of meetings of a local government and its committees.\n(sec.150F-ssec.2) Without limiting subsection (1) , the model procedures must state— how the chairperson of a local government meeting may deal with a councillor’s unsuitable meeting conduct; and how the councillors at a local government meeting may deal with the chairperson’s unsuitable meeting conduct; and how a suspected conduct breach of a councillor referred to the local government by the assessor must be dealt with at a local government meeting.\n(sec.150F-ssec.3) The department’s chief executive must publish the model procedures on the department’s website.\n- (a) how the chairperson of a local government meeting may deal with a councillor’s unsuitable meeting conduct; and\n- (b) how the councillors at a local government meeting may deal with the chairperson’s unsuitable meeting conduct; and\n- (c) how a suspected conduct breach of a councillor referred to the local government by the assessor must be dealt with at a local government meeting.","sortOrder":247},{"sectionNumber":"sec.150G","sectionType":"section","heading":"Adopting meeting procedures","content":"### sec.150G Adopting meeting procedures\n\nA local government must either—\nadopt the model procedures; or\nprepare and adopt other procedures for the conduct of its meetings and meetings of its committees.\nIf the local government prepares and adopts procedures under subsection (1) (b) —\nthe procedures must not be inconsistent with the model procedures; and\nif there is an inconsistency, the local government is taken to have adopted the model procedures to the extent of the inconsistency.\ns 150G ins 2018 No. 8 s 12\n(sec.150G-ssec.1) A local government must either— adopt the model procedures; or prepare and adopt other procedures for the conduct of its meetings and meetings of its committees.\n(sec.150G-ssec.2) If the local government prepares and adopts procedures under subsection (1) (b) — the procedures must not be inconsistent with the model procedures; and if there is an inconsistency, the local government is taken to have adopted the model procedures to the extent of the inconsistency.\n- (a) adopt the model procedures; or\n- (b) prepare and adopt other procedures for the conduct of its meetings and meetings of its committees.\n- (a) the procedures must not be inconsistent with the model procedures; and\n- (b) if there is an inconsistency, the local government is taken to have adopted the model procedures to the extent of the inconsistency.","sortOrder":248},{"sectionNumber":"ch.5A-pt.2-div.2","sectionType":"division","heading":"Unsuitable meeting conduct","content":"## Unsuitable meeting conduct","sortOrder":249},{"sectionNumber":"sec.150H","sectionType":"section","heading":"What is unsuitable meeting conduct","content":"### sec.150H What is unsuitable meeting conduct\n\nThe conduct of a councillor is unsuitable meeting conduct if the conduct—\nhappens during a local government meeting; and\ncontravenes a behavioural standard.\ns 150H ins 2018 No. 8 s 12\n- (a) happens during a local government meeting; and\n- (b) contravenes a behavioural standard.","sortOrder":250},{"sectionNumber":"sec.150I","sectionType":"section","heading":"Chairperson may deal with unsuitable meeting conduct","content":"### sec.150I Chairperson may deal with unsuitable meeting conduct\n\nThis section applies if, at a local government meeting, the chairperson of the meeting reasonably believes the conduct of a councillor during the meeting is unsuitable meeting conduct.\nThe chairperson may make 1 or more of the following orders—\nan order reprimanding the councillor for the conduct;\nan order requiring the councillor to leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place for the rest of the meeting;\nif the councillor fails to comply with an order to leave and stay away from the place—an order that the councillor be removed from the place.\nIf the chairperson makes an order under subsection (2) , the chairperson must ensure details of the order are recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation.\nSee also sections 150DX and 150DY about recording orders made by the chairperson of a local government meeting under this section in the councillor conduct register.\ns 150I ins 2018 No. 8 s 12\namd 2019 No. 30 s 73A\namd 2026 No. 5 s 75 (uncommenced amendment)\n(sec.150I-ssec.1) This section applies if, at a local government meeting, the chairperson of the meeting reasonably believes the conduct of a councillor during the meeting is unsuitable meeting conduct.\n(sec.150I-ssec.2) The chairperson may make 1 or more of the following orders— an order reprimanding the councillor for the conduct; an order requiring the councillor to leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place for the rest of the meeting; if the councillor fails to comply with an order to leave and stay away from the place—an order that the councillor be removed from the place.\n(sec.150I-ssec.3) If the chairperson makes an order under subsection (2) , the chairperson must ensure details of the order are recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation. See also sections 150DX and 150DY about recording orders made by the chairperson of a local government meeting under this section in the councillor conduct register.\n- (a) an order reprimanding the councillor for the conduct;\n- (b) an order requiring the councillor to leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place for the rest of the meeting;\n- (c) if the councillor fails to comply with an order to leave and stay away from the place—an order that the councillor be removed from the place.","sortOrder":251},{"sectionNumber":"sec.150IA","sectionType":"section","heading":"Dealing with unsuitable meeting conduct of chairperson","content":"### sec.150IA Dealing with unsuitable meeting conduct of chairperson\n\nThis section applies if, during a local government meeting, a councillor reasonably believes the conduct of the chairperson of the meeting is unsuitable meeting conduct.\nThe councillors at the meeting, other than the chairperson, may, by resolution—\ndecide whether the conduct is unsuitable meeting conduct; and\nif the conduct is unsuitable meeting conduct—make an order reprimanding the chairperson for the conduct.\nIf minutes are not required for the meeting, details of the order must be recorded in another way prescribed by regulation.\nSee also sections 150DX and 150DY about recording orders under this section in the councillor conduct register.\ns 150IA ins 2023 No. 30 s 40\n(sec.150IA-ssec.1) This section applies if, during a local government meeting, a councillor reasonably believes the conduct of the chairperson of the meeting is unsuitable meeting conduct.\n(sec.150IA-ssec.2) The councillors at the meeting, other than the chairperson, may, by resolution— decide whether the conduct is unsuitable meeting conduct; and if the conduct is unsuitable meeting conduct—make an order reprimanding the chairperson for the conduct.\n(sec.150IA-ssec.3) If minutes are not required for the meeting, details of the order must be recorded in another way prescribed by regulation. See also sections 150DX and 150DY about recording orders under this section in the councillor conduct register.\n- (a) decide whether the conduct is unsuitable meeting conduct; and\n- (b) if the conduct is unsuitable meeting conduct—make an order reprimanding the chairperson for the conduct.","sortOrder":252},{"sectionNumber":"sec.150J","sectionType":"section","heading":"Unsuitable meeting conduct that becomes a conduct breach","content":"### sec.150J Unsuitable meeting conduct that becomes a conduct breach\n\nIf the conduct of a councillor, including the chairperson, at a local government meeting is a conduct breach under section 150K (2) , the local government—\nis not required to notify the assessor about the conduct; and\nmay deal with the conduct under section 150AG as if an investigation had been conducted.\ns 150J ins 2018 No. 8 s 12\namd 2023 No. 30 s 41\nom 2026 No. 5 s 76 (uncommenced amendment)\n- (a) is not required to notify the assessor about the conduct; and\n- (b) may deal with the conduct under section 150AG as if an investigation had been conducted.","sortOrder":253},{"sectionNumber":"ch.5A-pt.3","sectionType":"part","heading":"Dealing with conduct breaches, misconduct and corrupt conduct","content":"# Dealing with conduct breaches, misconduct and corrupt conduct","sortOrder":254},{"sectionNumber":"ch.5A-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":255},{"sectionNumber":"sec.150K","sectionType":"section","heading":"What is a conduct breach","content":"### sec.150K What is a conduct breach\n\nThe conduct of a councillor is a conduct breach if the conduct contravenes—\na behavioural standard; or\na policy, procedure or resolution of the local government.\nAlso, the conduct of a councillor is a conduct breach if—\nthe conduct contravenes an order of the chairperson of a local government meeting for the councillor to leave and stay away from the place at which the meeting is being held; or\nfor conduct of a councillor, including the chairperson, at local government meetings—it is part of a course of conduct leading to orders for unsuitable meeting conduct being made against the councillor on 3 occasions within a period of 1 year.\nFor subsection (2) (b) —\nthe conduct that led to the orders being made, taken together, is the conduct breach; and\norders for the councillor’s unsuitable meeting conduct include any orders made against the councillor as the chairperson of a local government meeting.\nHowever, a conduct breach does not include conduct that is—\nunsuitable meeting conduct, to the extent the conduct is not conduct mentioned in subsection (2) ; or\nmisconduct; or\ncorrupt conduct.\ns 150K ins 2018 No. 8 s 12\namd 2023 No. 30 s 42\nom 2026 No. 5 s 78 (uncommenced amendment)\n(sec.150K-ssec.1) The conduct of a councillor is a conduct breach if the conduct contravenes— a behavioural standard; or a policy, procedure or resolution of the local government.\n(sec.150K-ssec.2) Also, the conduct of a councillor is a conduct breach if— the conduct contravenes an order of the chairperson of a local government meeting for the councillor to leave and stay away from the place at which the meeting is being held; or for conduct of a councillor, including the chairperson, at local government meetings—it is part of a course of conduct leading to orders for unsuitable meeting conduct being made against the councillor on 3 occasions within a period of 1 year.\n(sec.150K-ssec.3) For subsection (2) (b) — the conduct that led to the orders being made, taken together, is the conduct breach; and orders for the councillor’s unsuitable meeting conduct include any orders made against the councillor as the chairperson of a local government meeting.\n(sec.150K-ssec.4) However, a conduct breach does not include conduct that is— unsuitable meeting conduct, to the extent the conduct is not conduct mentioned in subsection (2) ; or misconduct; or corrupt conduct.\n- (a) a behavioural standard; or\n- (b) a policy, procedure or resolution of the local government.\n- (a) the conduct contravenes an order of the chairperson of a local government meeting for the councillor to leave and stay away from the place at which the meeting is being held; or\n- (b) for conduct of a councillor, including the chairperson, at local government meetings—it is part of a course of conduct leading to orders for unsuitable meeting conduct being made against the councillor on 3 occasions within a period of 1 year.\n- (a) the conduct that led to the orders being made, taken together, is the conduct breach; and\n- (b) orders for the councillor’s unsuitable meeting conduct include any orders made against the councillor as the chairperson of a local government meeting.\n- (a) unsuitable meeting conduct, to the extent the conduct is not conduct mentioned in subsection (2) ; or\n- (b) misconduct; or\n- (c) corrupt conduct.","sortOrder":256},{"sectionNumber":"sec.150L","sectionType":"section","heading":"What is misconduct","content":"### sec.150L What is misconduct\n\nThe conduct of a councillor is misconduct if the conduct—\nadversely affects, directly or indirectly, the honest and impartial performance of the councillor’s functions, or the exercise of the councillor’s powers; or\nis or involves—\nnon-compliance with an Act by the councillor; or\na misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or\ncontravenes any of the following—\nan order of the local government or the conduct tribunal;\na policy of the local government about the reimbursement of expenses;\nsection 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ;\nthe City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C .\nAlso, the conduct of a councillor is misconduct if the conduct—\nis part of a course of conduct leading to the local government deciding to take action under section 150AG to discipline the councillor for conduct breaches on 3 occasions within a period of 1 year; or\nis of the same type stated in an order of the local government that if the councillor engages in the same type of conduct again, it will be dealt with as misconduct.\nFor subsection (2) (a) , the conduct that led to the 3 occasions of disciplinary action, taken together, is the misconduct.\nIt does not matter if the conduct happened outside the State.\ns 150L ins 2018 No. 8 s 12\namd 2018 No. 9 s 26A ; 2019 No. 30 ss 74 , 128 ; 2020 No. 20 s 101 ; 2023 No. 30 s 43\namd 2026 No. 5 s 79 (uncommenced amendment)\n(sec.150L-ssec.1) The conduct of a councillor is misconduct if the conduct— adversely affects, directly or indirectly, the honest and impartial performance of the councillor’s functions, or the exercise of the councillor’s powers; or is or involves— non-compliance with an Act by the councillor; or a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or contravenes any of the following— an order of the local government or the conduct tribunal; a policy of the local government about the reimbursement of expenses; section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C .\n(sec.150L-ssec.2) Also, the conduct of a councillor is misconduct if the conduct— is part of a course of conduct leading to the local government deciding to take action under section 150AG to discipline the councillor for conduct breaches on 3 occasions within a period of 1 year; or is of the same type stated in an order of the local government that if the councillor engages in the same type of conduct again, it will be dealt with as misconduct.\n(sec.150L-ssec.3) For subsection (2) (a) , the conduct that led to the 3 occasions of disciplinary action, taken together, is the misconduct.\n(sec.150L-ssec.4) It does not matter if the conduct happened outside the State.\n- (a) adversely affects, directly or indirectly, the honest and impartial performance of the councillor’s functions, or the exercise of the councillor’s powers; or\n- (b) is or involves— (i) non-compliance with an Act by the councillor; or (ii) a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or\n- (i) non-compliance with an Act by the councillor; or\n- (ii) a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or\n- (c) contravenes any of the following— (i) an order of the local government or the conduct tribunal; (ii) a policy of the local government about the reimbursement of expenses; (iii) section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ; (iv) the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C .\n- (i) an order of the local government or the conduct tribunal;\n- (ii) a policy of the local government about the reimbursement of expenses;\n- (iii) section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ;\n- (iv) the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C .\n- (i) non-compliance with an Act by the councillor; or\n- (ii) a misuse of information or material acquired in, or in connection with, the performance of the councillor’s functions, whether the misuse is for the benefit of the councillor or for the benefit, or to the detriment, of another person; or\n- (i) an order of the local government or the conduct tribunal;\n- (ii) a policy of the local government about the reimbursement of expenses;\n- (iii) section 150R (2) , 150EK , 150EL , 150EPA , 150EQ , 150EW , 150EZ , 170 (4) , 171 (3) , 201A , 201B or 201C ;\n- (iv) the City of Brisbane Act 2010 , 170(4), 173(3), 177H, 177I, 177MA, 177N , 177T , 177W , 198A , 198B or 198C .\n- (a) is part of a course of conduct leading to the local government deciding to take action under section 150AG to discipline the councillor for conduct breaches on 3 occasions within a period of 1 year; or\n- (b) is of the same type stated in an order of the local government that if the councillor engages in the same type of conduct again, it will be dealt with as misconduct.","sortOrder":257},{"sectionNumber":"sec.150M","sectionType":"section","heading":"Dealing with particular conduct if councillor elected or appointed after vacating office","content":"### sec.150M Dealing with particular conduct if councillor elected or appointed after vacating office\n\nThis section applies if—\nthe conduct (the relevant conduct ) of a person who is a councillor is the subject of—\na complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or\nan investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or\nan application by the assessor (the initial application ) under section 150AJ ; and\nthe person’s office as councillor is vacated—\nfor an initial assessment—before a decision is made under section 150SD ; or\nfor an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or\nfor an initial application—before the application about the relevant conduct is decided under division 6 ; and\nwithin 12 months after the office is vacated, the person is elected or appointed as a councillor for a new term of office.\nAs soon as practicable after the person is elected or appointed—\nif subsection (1) (a) (i) applies—the assessor must make a new preliminary assessment under division 3A of the complaint, notice or information relating to the relevant conduct of the councillor as if the initial assessment had not been started; or\nif subsection (1) (a) (ii) applies—the assessor or local government must investigate the relevant conduct of the councillor under division 4 or 5 as if the initial investigation had not been started; or\nif subsection (1) (a) (iii) applies—the assessor must apply to the conduct tribunal under section 150AJ in relation to the relevant conduct of the councillor as if the initial application had not been made.\nFor an investigation under subsection (2) (b) , the assessor or local government may consider any information obtained during the initial investigation of the relevant conduct.\ns 150M ins 2018 No. 8 s 12\nsub 2023 No. 30 s 44\namd 2026 No. 5 s 80 (uncommenced amendment)\n(sec.150M-ssec.1) This section applies if— the conduct (the relevant conduct ) of a person who is a councillor is the subject of— a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or an application by the assessor (the initial application ) under section 150AJ ; and the person’s office as councillor is vacated— for an initial assessment—before a decision is made under section 150SD ; or for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or for an initial application—before the application about the relevant conduct is decided under division 6 ; and within 12 months after the office is vacated, the person is elected or appointed as a councillor for a new term of office.\n(sec.150M-ssec.2) As soon as practicable after the person is elected or appointed— if subsection (1) (a) (i) applies—the assessor must make a new preliminary assessment under division 3A of the complaint, notice or information relating to the relevant conduct of the councillor as if the initial assessment had not been started; or if subsection (1) (a) (ii) applies—the assessor or local government must investigate the relevant conduct of the councillor under division 4 or 5 as if the initial investigation had not been started; or if subsection (1) (a) (iii) applies—the assessor must apply to the conduct tribunal under section 150AJ in relation to the relevant conduct of the councillor as if the initial application had not been made.\n(sec.150M-ssec.3) For an investigation under subsection (2) (b) , the assessor or local government may consider any information obtained during the initial investigation of the relevant conduct.\n- (a) the conduct (the relevant conduct ) of a person who is a councillor is the subject of— (i) a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or (ii) an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or (iii) an application by the assessor (the initial application ) under section 150AJ ; and\n- (i) a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or\n- (ii) an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or\n- (iii) an application by the assessor (the initial application ) under section 150AJ ; and\n- (b) the person’s office as councillor is vacated— (i) for an initial assessment—before a decision is made under section 150SD ; or (ii) for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or (iii) for an initial application—before the application about the relevant conduct is decided under division 6 ; and\n- (i) for an initial assessment—before a decision is made under section 150SD ; or\n- (ii) for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or\n- (iii) for an initial application—before the application about the relevant conduct is decided under division 6 ; and\n- (c) within 12 months after the office is vacated, the person is elected or appointed as a councillor for a new term of office.\n- (i) a complaint, notice or information and the assessor starts a preliminary assessment (the initial assessment ) under division 3A of the complaint, notice or information; or\n- (ii) an investigation by the assessor or a local government (the initial investigation ) under division 4 or 5 ; or\n- (iii) an application by the assessor (the initial application ) under section 150AJ ; and\n- (i) for an initial assessment—before a decision is made under section 150SD ; or\n- (ii) for an initial investigation—before a decision is made in relation to the investigation under division 4 or 5 ; or\n- (iii) for an initial application—before the application about the relevant conduct is decided under division 6 ; and\n- (a) if subsection (1) (a) (i) applies—the assessor must make a new preliminary assessment under division 3A of the complaint, notice or information relating to the relevant conduct of the councillor as if the initial assessment had not been started; or\n- (b) if subsection (1) (a) (ii) applies—the assessor or local government must investigate the relevant conduct of the councillor under division 4 or 5 as if the initial investigation had not been started; or\n- (c) if subsection (1) (a) (iii) applies—the assessor must apply to the conduct tribunal under section 150AJ in relation to the relevant conduct of the councillor as if the initial application had not been made.","sortOrder":258},{"sectionNumber":"sec.150N","sectionType":"section","heading":"Duty to notify Crime and Corruption Commission about suspected corrupt conduct not affected","content":"### sec.150N Duty to notify Crime and Corruption Commission about suspected corrupt conduct not affected\n\nTo remove any doubt, it is declared that nothing in this part limits the assessor’s duty under section 38 of the Crime and Corruption Act 2001 to notify the Crime and Corruption Commission about suspected corrupt conduct.\ns 150N ins 2018 No. 8 s 12","sortOrder":259},{"sectionNumber":"ch.5A-pt.3-div.2","sectionType":"division","heading":"Complaints about councillor conduct","content":"## Complaints about councillor conduct","sortOrder":260},{"sectionNumber":"sec.150O","sectionType":"section","heading":"Complaints about councillor conduct","content":"### sec.150O Complaints about councillor conduct\n\nA person may make a complaint to the assessor about the conduct of a councillor.\nThe complaint may be made to the assessor orally or in writing.\nSubsection (1) does not limit who a person can complain to about the conduct of a councillor.\nA person may complain to the Crime and Corruption Commission or the department’s chief executive about a councillor’s conduct.\ns 150O ins 2018 No. 8 s 12\n(sec.150O-ssec.1) A person may make a complaint to the assessor about the conduct of a councillor.\n(sec.150O-ssec.2) The complaint may be made to the assessor orally or in writing.\n(sec.150O-ssec.3) Subsection (1) does not limit who a person can complain to about the conduct of a councillor. A person may complain to the Crime and Corruption Commission or the department’s chief executive about a councillor’s conduct.","sortOrder":261},{"sectionNumber":"sec.150P","sectionType":"section","heading":"Complaints about councillor conduct must be referred to assessor","content":"### sec.150P Complaints about councillor conduct must be referred to assessor\n\nThis section applies if a government entity, other than the assessor, receives a complaint about the conduct of a councillor.\nThe government entity must—\nrefer the complaint to the assessor; and\ngive the assessor all information held by the entity that relates to the complaint.\nHowever, subsection (2) does not apply if—\nthe government entity has a duty to notify the Crime and Corruption Commission of the complaint under section 38 of the Crime and Corruption Act 2001 ; or\nSections 38 to 40 of the Crime and Corruption Act 2001 state the duties of a public official to notify the Crime and Corruption Commission about corrupt conduct, subject to a direction by the Crime and Corruption Commission.\nthe government entity has the power to investigate the complaint or the councillor’s conduct under another law and decides to carry out the investigation under that law.\nThe police service receives and investigates a complaint alleging a councillor engaged in fraud.\nAs soon as practicable after receiving the complaint, the assessor must, if the assessor has the contact details of the person who made the complaint, give the person a notice that states—\nthe assessor has received the complaint from the government entity; and\nthe assessor will deal with the complaint under this chapter.\nIn this section—\ngovernment entity includes the following—\na local government;\na councillor;\nthe chief executive officer of a local government;\nthe chief executive officer under the City of Brisbane Act 2010 .\ns 150P ins 2018 No. 8 s 12\namd 2019 No. 30 s 129\n(sec.150P-ssec.1) This section applies if a government entity, other than the assessor, receives a complaint about the conduct of a councillor.\n(sec.150P-ssec.2) The government entity must— refer the complaint to the assessor; and give the assessor all information held by the entity that relates to the complaint.\n(sec.150P-ssec.3) However, subsection (2) does not apply if— the government entity has a duty to notify the Crime and Corruption Commission of the complaint under section 38 of the Crime and Corruption Act 2001 ; or Sections 38 to 40 of the Crime and Corruption Act 2001 state the duties of a public official to notify the Crime and Corruption Commission about corrupt conduct, subject to a direction by the Crime and Corruption Commission. the government entity has the power to investigate the complaint or the councillor’s conduct under another law and decides to carry out the investigation under that law. The police service receives and investigates a complaint alleging a councillor engaged in fraud.\n(sec.150P-ssec.4) As soon as practicable after receiving the complaint, the assessor must, if the assessor has the contact details of the person who made the complaint, give the person a notice that states— the assessor has received the complaint from the government entity; and the assessor will deal with the complaint under this chapter.\n(sec.150P-ssec.5) In this section— government entity includes the following— a local government; a councillor; the chief executive officer of a local government; the chief executive officer under the City of Brisbane Act 2010 .\n- (a) refer the complaint to the assessor; and\n- (b) give the assessor all information held by the entity that relates to the complaint.\n- (a) the government entity has a duty to notify the Crime and Corruption Commission of the complaint under section 38 of the Crime and Corruption Act 2001 ; or Note— Sections 38 to 40 of the Crime and Corruption Act 2001 state the duties of a public official to notify the Crime and Corruption Commission about corrupt conduct, subject to a direction by the Crime and Corruption Commission.\n- (b) the government entity has the power to investigate the complaint or the councillor’s conduct under another law and decides to carry out the investigation under that law. Example— The police service receives and investigates a complaint alleging a councillor engaged in fraud.\n- (a) the assessor has received the complaint from the government entity; and\n- (b) the assessor will deal with the complaint under this chapter.\n- (a) a local government;\n- (b) a councillor;\n- (c) the chief executive officer of a local government;\n- (d) the chief executive officer under the City of Brisbane Act 2010 .","sortOrder":262},{"sectionNumber":"sec.150Q","sectionType":"section","heading":"Further information about complaints","content":"### sec.150Q Further information about complaints\n\nThis section applies if—\na complaint about the conduct of a councillor was made or referred to the assessor under this division; and\nin the assessor’s opinion, the complaint does not include sufficient information for the assessor to properly make a preliminary assessment of the complaint; and\nthe assessor has the contact details of the person who made the complaint.\nThe assessor may give a notice to the person who made the complaint asking the person to give the assessor further information about the complaint within 10 business days after the notice is given.\nThe assessor may decide not to make a preliminary assessment of the complaint if—\nthe person does not comply with the notice; or\nthe person complies with the notice but, in the assessor’s opinion, there is still insufficient information to make a preliminary assessment of the complaint.\nIf the assessor decides not to make a preliminary assessment under subsection (3) , the assessor must give the person who made the complaint a notice that states the assessor has decided not to make the assessment because there is insufficient information to do so.\ns 150Q ins 2018 No. 8 s 12\namd 2023 No. 30 s 45\n(sec.150Q-ssec.1) This section applies if— a complaint about the conduct of a councillor was made or referred to the assessor under this division; and in the assessor’s opinion, the complaint does not include sufficient information for the assessor to properly make a preliminary assessment of the complaint; and the assessor has the contact details of the person who made the complaint.\n(sec.150Q-ssec.2) The assessor may give a notice to the person who made the complaint asking the person to give the assessor further information about the complaint within 10 business days after the notice is given.\n(sec.150Q-ssec.3) The assessor may decide not to make a preliminary assessment of the complaint if— the person does not comply with the notice; or the person complies with the notice but, in the assessor’s opinion, there is still insufficient information to make a preliminary assessment of the complaint.\n(sec.150Q-ssec.4) If the assessor decides not to make a preliminary assessment under subsection (3) , the assessor must give the person who made the complaint a notice that states the assessor has decided not to make the assessment because there is insufficient information to do so.\n- (a) a complaint about the conduct of a councillor was made or referred to the assessor under this division; and\n- (b) in the assessor’s opinion, the complaint does not include sufficient information for the assessor to properly make a preliminary assessment of the complaint; and\n- (c) the assessor has the contact details of the person who made the complaint.\n- (a) the person does not comply with the notice; or\n- (b) the person complies with the notice but, in the assessor’s opinion, there is still insufficient information to make a preliminary assessment of the complaint.","sortOrder":263},{"sectionNumber":"ch.5A-pt.3-div.3","sectionType":"division","heading":"Local government duties to notify assessor about particular councillor conduct","content":"## Local government duties to notify assessor about particular councillor conduct","sortOrder":264},{"sectionNumber":"sec.150R","sectionType":"section","heading":"Local government official must notify assessor about particular conduct","content":"### sec.150R Local government official must notify assessor about particular conduct\n\nThis section applies if a local government official becomes aware of information indicating a councillor may have engaged in conduct that would be a conduct breach or misconduct other than—\nconduct mentioned in section 150J ; and\nby receiving a complaint to which section 150P applies.\nThe local government official must give the assessor a notice about the councillor’s conduct.\nContravention of subsection (2) by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iii) .\nThe local government official must not give the notice—\nvexatiously; or\nother than in good faith.\nMaximum penalty—85 penalty units.\ns 150R ins 2018 No. 8 s 12\namd 2019 No. 30 ss 76 , 130 ; 2020 No. 20 s 102 ; 2023 No. 30 s 119 sch 1\namd 2026 No. 5 s 81 (uncommenced amendment)\n(sec.150R-ssec.1) This section applies if a local government official becomes aware of information indicating a councillor may have engaged in conduct that would be a conduct breach or misconduct other than— conduct mentioned in section 150J ; and by receiving a complaint to which section 150P applies.\n(sec.150R-ssec.2) The local government official must give the assessor a notice about the councillor’s conduct. Contravention of subsection (2) by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iii) .\n(sec.150R-ssec.3) The local government official must not give the notice— vexatiously; or other than in good faith. Maximum penalty—85 penalty units.\n- (a) conduct mentioned in section 150J ; and\n- (b) by receiving a complaint to which section 150P applies.\n- (a) vexatiously; or\n- (b) other than in good faith.","sortOrder":265},{"sectionNumber":"sec.150S","sectionType":"section","heading":"Local government must notify assessor about misconduct","content":"### sec.150S Local government must notify assessor about misconduct\n\nThis section applies if a local government—\nin relation to a course of conduct by a councillor, decides under section 150AG to take action to discipline the councillor for conduct breaches on 3 occasions during a period of 1 year; or\nif the local government has previously made an order that a particular type of conduct engaged in by a councillor will be dealt with as misconduct—reasonably suspects the councillor has engaged in the same type of conduct again.\nThe local government must give the assessor—\na notice about the councillor’s conduct; and\nall information held by the local government that relates to the conduct.\ns 150S ins 2018 No. 8 s 12\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 82 (uncommenced amendment)\n(sec.150S-ssec.1) This section applies if a local government— in relation to a course of conduct by a councillor, decides under section 150AG to take action to discipline the councillor for conduct breaches on 3 occasions during a period of 1 year; or if the local government has previously made an order that a particular type of conduct engaged in by a councillor will be dealt with as misconduct—reasonably suspects the councillor has engaged in the same type of conduct again.\n(sec.150S-ssec.2) The local government must give the assessor— a notice about the councillor’s conduct; and all information held by the local government that relates to the conduct.\n- (a) in relation to a course of conduct by a councillor, decides under section 150AG to take action to discipline the councillor for conduct breaches on 3 occasions during a period of 1 year; or\n- (b) if the local government has previously made an order that a particular type of conduct engaged in by a councillor will be dealt with as misconduct—reasonably suspects the councillor has engaged in the same type of conduct again.\n- (a) a notice about the councillor’s conduct; and\n- (b) all information held by the local government that relates to the conduct.","sortOrder":266},{"sectionNumber":"ch.5A-pt.3-div.3A","sectionType":"division","heading":"Preliminary assessments","content":"## Preliminary assessments","sortOrder":267},{"sectionNumber":"sec.150SA","sectionType":"section","heading":"Application of division","content":"### sec.150SA Application of division\n\nThis division applies if—\na complaint about the conduct of a councillor is made or referred to the assessor under division 2 ; or\na notice about the conduct of a councillor is given to the assessor under division 3 ; or\ninformation about the conduct of a councillor is given to the assessor under section 150AF (3) .\ns 150SA ins 2023 No. 30 s 46\namd 2026 No. 5 s 83 (uncommenced amendment)\n- (a) a complaint about the conduct of a councillor is made or referred to the assessor under division 2 ; or\n- (b) a notice about the conduct of a councillor is given to the assessor under division 3 ; or\n- (c) information about the conduct of a councillor is given to the assessor under section 150AF (3) .","sortOrder":268},{"sectionNumber":"sec.150SB","sectionType":"section","heading":"Period for making complaint or giving notice or information","content":"### sec.150SB Period for making complaint or giving notice or information\n\nA complaint, notice or information about the conduct of a councillor must be made or given to the assessor—\nwithin 1 year after the conduct occurred; or\nwithin 6 months after the conduct comes to the knowledge of the person who made the complaint or gave the information or notice, but within 2 years after the conduct occurred.\ns 150SB ins 2023 No. 30 s 46\n- (a) within 1 year after the conduct occurred; or\n- (b) within 6 months after the conduct comes to the knowledge of the person who made the complaint or gave the information or notice, but within 2 years after the conduct occurred.","sortOrder":269},{"sectionNumber":"sec.150SC","sectionType":"section","heading":"Assessor may ask for information","content":"### sec.150SC Assessor may ask for information\n\nThis section applies if, in the assessor’s opinion, the complaint, notice or information does not include sufficient information for the assessor to make a preliminary assessment of the complaint, notice or information.\nThe assessor may ask the following entities for any information the assessor requires to make a preliminary assessment of the complaint, notice or information—\nfor a complaint made or referred under division 2 —the local government; or\nfor notice given under division 3 —the local government or the local government official who gave the notice; or\nfor a notice given under section 150AF (3) —the local government.\nThe assessor may ask a person who made a complaint for further information under section 150Q .\nThe assessor must state in the request that the information must be given to the assessor within 10 business days after the request is made.\nThe entity mentioned in subsection (2) must comply with the request.\ns 150SC ins 2023 No. 30 s 46\namd 2026 No. 5 s 84 (uncommenced amendment)\n(sec.150SC-ssec.1) This section applies if, in the assessor’s opinion, the complaint, notice or information does not include sufficient information for the assessor to make a preliminary assessment of the complaint, notice or information.\n(sec.150SC-ssec.2) The assessor may ask the following entities for any information the assessor requires to make a preliminary assessment of the complaint, notice or information— for a complaint made or referred under division 2 —the local government; or for notice given under division 3 —the local government or the local government official who gave the notice; or for a notice given under section 150AF (3) —the local government. The assessor may ask a person who made a complaint for further information under section 150Q .\n(sec.150SC-ssec.3) The assessor must state in the request that the information must be given to the assessor within 10 business days after the request is made.\n(sec.150SC-ssec.4) The entity mentioned in subsection (2) must comply with the request.\n- (a) for a complaint made or referred under division 2 —the local government; or\n- (b) for notice given under division 3 —the local government or the local government official who gave the notice; or\n- (c) for a notice given under section 150AF (3) —the local government.","sortOrder":270},{"sectionNumber":"sec.150SD","sectionType":"section","heading":"Preliminary assessment of complaints, notices or information","content":"### sec.150SD Preliminary assessment of complaints, notices or information\n\nThe assessor must make a preliminary assessment of the complaint, notice or information.\nOn the completion of the preliminary assessment, the assessor must dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied that—\ndealing with the complaint, notice or information would not be in the public interest; or\nthe complaint, notice or information was not made or given within the period required under section 150SB , unless—\nthe conduct the subject of the complaint, notice or information is suspected corrupt conduct; or\nthe complaint, notice or information was not given within the period because of exceptional circumstances; or\nthe conduct the subject of the complaint, notice or information—\nwas engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or\nrelates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or\nclearly does not constitute a conduct breach or misconduct; or\nthe office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or\nfor a complaint—the person who made the complaint is the subject of a declaration under section 150AWA , and the complaint is not permitted under a condition of the declaration or under section 150AWC .\nAlso, on the completion of the assessment, the assessor may dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied—\nthe conduct has already been, is being, or may be dealt with by another entity; or\nthe complaint, notice or information—\nis frivolous or vexatious; or\nwas made other than in good faith; or\na complaint made for a mischievous purpose or maliciously\nlacks substance or credibility; or\ndealing with the complaint, notice or information would be an unjustifiable use of resources; or\nfor a suspected conduct breach—at least 6 months have elapsed since the conduct the subject of the complaint, notice or information occurred, and it would not be in the public interest to take action under this part; or\nthere is insufficient information to properly make a preliminary assessment of the complaint, notice or information.\nIf subsection (2) does not apply or the assessor does not, under subsection (3) , dismiss or decide to take no further action for the complaint, notice or information, the assessor must decide—\nif the assessor reasonably suspects the conduct the subject of the complaint, notice or information is a conduct breach—to refer the suspected conduct breach to the local government to deal with; or\nto investigate the conduct of the councillor; or\nnot to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation.\nWithout limiting the matters the assessor may consider in making a preliminary assessment, the assessor may have regard to the following—\nany reasons for, or factors relevant to, the conduct;\nwhether or not any training relating to the conduct has been completed by the councillor\nthe Aboriginal traditions or Island customs of the councillor\nany steps taken by the councillor to mitigate or remedy the effects of the conduct;\nthe consequences, both financial and non-financial, resulting from the conduct.\ns 150SD ins 2023 No. 30 s 46\namd 2026 No. 5 s 85 (uncommenced amendment)\n(sec.150SD-ssec.1) The assessor must make a preliminary assessment of the complaint, notice or information.\n(sec.150SD-ssec.2) On the completion of the preliminary assessment, the assessor must dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied that— dealing with the complaint, notice or information would not be in the public interest; or the complaint, notice or information was not made or given within the period required under section 150SB , unless— the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or the complaint, notice or information was not given within the period because of exceptional circumstances; or the conduct the subject of the complaint, notice or information— was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or clearly does not constitute a conduct breach or misconduct; or the office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or for a complaint—the person who made the complaint is the subject of a declaration under section 150AWA , and the complaint is not permitted under a condition of the declaration or under section 150AWC .\n(sec.150SD-ssec.3) Also, on the completion of the assessment, the assessor may dismiss the complaint or decide to take no further action for the notice or information if the assessor is satisfied— the conduct has already been, is being, or may be dealt with by another entity; or the complaint, notice or information— is frivolous or vexatious; or was made other than in good faith; or a complaint made for a mischievous purpose or maliciously lacks substance or credibility; or dealing with the complaint, notice or information would be an unjustifiable use of resources; or for a suspected conduct breach—at least 6 months have elapsed since the conduct the subject of the complaint, notice or information occurred, and it would not be in the public interest to take action under this part; or there is insufficient information to properly make a preliminary assessment of the complaint, notice or information.\n(sec.150SD-ssec.4) If subsection (2) does not apply or the assessor does not, under subsection (3) , dismiss or decide to take no further action for the complaint, notice or information, the assessor must decide— if the assessor reasonably suspects the conduct the subject of the complaint, notice or information is a conduct breach—to refer the suspected conduct breach to the local government to deal with; or to investigate the conduct of the councillor; or not to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation.\n(sec.150SD-ssec.5) Without limiting the matters the assessor may consider in making a preliminary assessment, the assessor may have regard to the following— any reasons for, or factors relevant to, the conduct; whether or not any training relating to the conduct has been completed by the councillor the Aboriginal traditions or Island customs of the councillor any steps taken by the councillor to mitigate or remedy the effects of the conduct; the consequences, both financial and non-financial, resulting from the conduct.\n- (a) dealing with the complaint, notice or information would not be in the public interest; or\n- (b) the complaint, notice or information was not made or given within the period required under section 150SB , unless— (i) the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or (ii) the complaint, notice or information was not given within the period because of exceptional circumstances; or\n- (i) the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or\n- (ii) the complaint, notice or information was not given within the period because of exceptional circumstances; or\n- (c) the conduct the subject of the complaint, notice or information— (i) was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or (ii) relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or (iii) clearly does not constitute a conduct breach or misconduct; or\n- (i) was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or\n- (ii) relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or\n- (iii) clearly does not constitute a conduct breach or misconduct; or\n- (d) the office of the councillor is vacated, unless the conduct is suspected corrupt conduct; or\n- (e) for a complaint—the person who made the complaint is the subject of a declaration under section 150AWA , and the complaint is not permitted under a condition of the declaration or under section 150AWC .\n- (i) the conduct the subject of the complaint, notice or information is suspected corrupt conduct; or\n- (ii) the complaint, notice or information was not given within the period because of exceptional circumstances; or\n- (i) was engaged in by the councillor to comply with, honestly and without negligence, a guideline made by the department’s chief executive; or\n- (ii) relates solely to behaviour engaged in by the councillor in a personal capacity unless the conduct is suspected corrupt conduct; or\n- (iii) clearly does not constitute a conduct breach or misconduct; or\n- (a) the conduct has already been, is being, or may be dealt with by another entity; or\n- (b) the complaint, notice or information— (i) is frivolous or vexatious; or (ii) was made other than in good faith; or Example for paragraph (b) (ii) — a complaint made for a mischievous purpose or maliciously (iii) lacks substance or credibility; or\n- (i) is frivolous or vexatious; or\n- (ii) was made other than in good faith; or Example for paragraph (b) (ii) — a complaint made for a mischievous purpose or maliciously\n- (iii) lacks substance or credibility; or\n- (c) dealing with the complaint, notice or information would be an unjustifiable use of resources; or\n- (d) for a suspected conduct breach—at least 6 months have elapsed since the conduct the subject of the complaint, notice or information occurred, and it would not be in the public interest to take action under this part; or\n- (e) there is insufficient information to properly make a preliminary assessment of the complaint, notice or information.\n- (i) is frivolous or vexatious; or\n- (ii) was made other than in good faith; or Example for paragraph (b) (ii) — a complaint made for a mischievous purpose or maliciously\n- (iii) lacks substance or credibility; or\n- (a) if the assessor reasonably suspects the conduct the subject of the complaint, notice or information is a conduct breach—to refer the suspected conduct breach to the local government to deal with; or\n- (b) to investigate the conduct of the councillor; or\n- (c) not to deal with the complaint, notice or information and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation.\n- (a) any reasons for, or factors relevant to, the conduct; Examples for paragraph (a) — • whether or not any training relating to the conduct has been completed by the councillor • the Aboriginal traditions or Island customs of the councillor\n- • whether or not any training relating to the conduct has been completed by the councillor\n- • the Aboriginal traditions or Island customs of the councillor\n- (b) any steps taken by the councillor to mitigate or remedy the effects of the conduct;\n- (c) the consequences, both financial and non-financial, resulting from the conduct.\n- • whether or not any training relating to the conduct has been completed by the councillor\n- • the Aboriginal traditions or Island customs of the councillor","sortOrder":271},{"sectionNumber":"sec.150SE","sectionType":"section","heading":"Notice of preliminary assessment","content":"### sec.150SE Notice of preliminary assessment\n\nThis section applies if the assessor decides—\nto dismiss the complaint or not take any further action for the notice or information under section 150SD (2) or (3) ; or\nnot to deal with a complaint, notice or information under section 150SD (4) (c) .\nThe assessor must, as soon as practicable after making the decision, give a notice that complies with subsection (4) to the following—\nfor a complaint made or referred under division 2 —the person who made the complaint, if the assessor has the person’s contact details;\nfor a notice under division 3 —the local government or the local government official who gave the notice;\nfor information given under section 150AF (3) —the local government;\nif an action is taken under section 150SD (4) (c) —the councillor the subject of the complaint, notice or information.\nIf the councillor the subject of the complaint, notice or information does not receive a notice under this section—\nthe councillor may ask the assessor for a copy of the notice; and\nthe assessor may give the councillor a copy of the notice if the assessor considers it would be appropriate to do so.\nThe notice must—\nstate the date the complaint was made or the notice or information was given; and\nbriefly summarise the conduct the subject of the complaint, notice or information; and\nbriefly state the decision and the reasons for the decision; and\nif an action is taken under section 150SD (4) (c) —state the action taken; and\nfor a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units.\nFor the offence mentioned in paragraph (e) , see section 150AU .\ns 150SE ins 2023 No. 30 s 46\namd 2026 No. 5 s 86 (uncommenced amendment)\n(sec.150SE-ssec.1) This section applies if the assessor decides— to dismiss the complaint or not take any further action for the notice or information under section 150SD (2) or (3) ; or not to deal with a complaint, notice or information under section 150SD (4) (c) .\n(sec.150SE-ssec.2) The assessor must, as soon as practicable after making the decision, give a notice that complies with subsection (4) to the following— for a complaint made or referred under division 2 —the person who made the complaint, if the assessor has the person’s contact details; for a notice under division 3 —the local government or the local government official who gave the notice; for information given under section 150AF (3) —the local government; if an action is taken under section 150SD (4) (c) —the councillor the subject of the complaint, notice or information.\n(sec.150SE-ssec.3) If the councillor the subject of the complaint, notice or information does not receive a notice under this section— the councillor may ask the assessor for a copy of the notice; and the assessor may give the councillor a copy of the notice if the assessor considers it would be appropriate to do so.\n(sec.150SE-ssec.4) The notice must— state the date the complaint was made or the notice or information was given; and briefly summarise the conduct the subject of the complaint, notice or information; and briefly state the decision and the reasons for the decision; and if an action is taken under section 150SD (4) (c) —state the action taken; and for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. For the offence mentioned in paragraph (e) , see section 150AU .\n- (a) to dismiss the complaint or not take any further action for the notice or information under section 150SD (2) or (3) ; or\n- (b) not to deal with a complaint, notice or information under section 150SD (4) (c) .\n- (a) for a complaint made or referred under division 2 —the person who made the complaint, if the assessor has the person’s contact details;\n- (b) for a notice under division 3 —the local government or the local government official who gave the notice;\n- (c) for information given under section 150AF (3) —the local government;\n- (d) if an action is taken under section 150SD (4) (c) —the councillor the subject of the complaint, notice or information.\n- (a) the councillor may ask the assessor for a copy of the notice; and\n- (b) the assessor may give the councillor a copy of the notice if the assessor considers it would be appropriate to do so.\n- (a) state the date the complaint was made or the notice or information was given; and\n- (b) briefly summarise the conduct the subject of the complaint, notice or information; and\n- (c) briefly state the decision and the reasons for the decision; and\n- (d) if an action is taken under section 150SD (4) (c) —state the action taken; and\n- (e) for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. Note— For the offence mentioned in paragraph (e) , see section 150AU .","sortOrder":272},{"sectionNumber":"ch.5A-pt.3-div.3B","sectionType":"division","heading":"Assessor may initiate assessments","content":"## Assessor may initiate assessments","sortOrder":273},{"sectionNumber":"sec.150SF","sectionType":"section","heading":"Assessor may make preliminary assessment on own initiative","content":"### sec.150SF Assessor may make preliminary assessment on own initiative\n\nThis section applies if—\nthe assessor is aware of information indicating a councillor may have engaged in conduct that may be a conduct breach or misconduct; and\na media report makes allegations of a conduct breach by the councillor\nwhile investigating a councillor for alleged misconduct, the assessor receives information that indicates another councillor has engaged in the same conduct\nthe assessor has not received a complaint, notice or information about the conduct as mentioned in section 150SA ; and\nthe assessor reasonably believes—\nit is in the public interest to make a preliminary assessment of the information; and\nthe conduct is not likely to involve corrupt conduct.\nThe assessor may, on the assessor’s own initiative, make a preliminary assessment of the information about the councillor’s conduct under division 3A .\nThis chapter applies in relation to the councillor’s conduct as if the information were given to the assessor on the day the assessor became aware of the information.\ns 150SF ins 2023 No. 30 s 46\namd 2026 No. 5 s 87 (uncommenced amendment)\n(sec.150SF-ssec.1) This section applies if— the assessor is aware of information indicating a councillor may have engaged in conduct that may be a conduct breach or misconduct; and a media report makes allegations of a conduct breach by the councillor while investigating a councillor for alleged misconduct, the assessor receives information that indicates another councillor has engaged in the same conduct the assessor has not received a complaint, notice or information about the conduct as mentioned in section 150SA ; and the assessor reasonably believes— it is in the public interest to make a preliminary assessment of the information; and the conduct is not likely to involve corrupt conduct.\n(sec.150SF-ssec.2) The assessor may, on the assessor’s own initiative, make a preliminary assessment of the information about the councillor’s conduct under division 3A .\n(sec.150SF-ssec.3) This chapter applies in relation to the councillor’s conduct as if the information were given to the assessor on the day the assessor became aware of the information.\n- (a) the assessor is aware of information indicating a councillor may have engaged in conduct that may be a conduct breach or misconduct; and Examples— • a media report makes allegations of a conduct breach by the councillor • while investigating a councillor for alleged misconduct, the assessor receives information that indicates another councillor has engaged in the same conduct\n- • a media report makes allegations of a conduct breach by the councillor\n- • while investigating a councillor for alleged misconduct, the assessor receives information that indicates another councillor has engaged in the same conduct\n- (b) the assessor has not received a complaint, notice or information about the conduct as mentioned in section 150SA ; and\n- (c) the assessor reasonably believes— (i) it is in the public interest to make a preliminary assessment of the information; and (ii) the conduct is not likely to involve corrupt conduct.\n- (i) it is in the public interest to make a preliminary assessment of the information; and\n- (ii) the conduct is not likely to involve corrupt conduct.\n- • a media report makes allegations of a conduct breach by the councillor\n- • while investigating a councillor for alleged misconduct, the assessor receives information that indicates another councillor has engaged in the same conduct\n- (i) it is in the public interest to make a preliminary assessment of the information; and\n- (ii) the conduct is not likely to involve corrupt conduct.","sortOrder":274},{"sectionNumber":"ch.5A-pt.3-div.4","sectionType":"division","heading":"Investigation of councillor conduct","content":"## Investigation of councillor conduct","sortOrder":275},{"sectionNumber":"sec.150T","sectionType":"section","heading":"Assessor must investigate conduct of councillor","content":"### sec.150T Assessor must investigate conduct of councillor\n\nThe assessor must investigate the conduct of a councillor under this division if—\nthe assessor decides to investigate the conduct under section 150SD (4) (b) ; or\nthe conduct is suspected corrupt conduct that is the subject of a complaint referred to the assessor by the Crime and Corruption Commission.\nThe Crime and Corruption Commission may decide, under chapter 2 , part 3 of the Crime and Corruption Act 2001 , to refer a complaint to the assessor to deal with, whether or not in cooperation with the commission.\nIf the office of the councillor is vacated during the investigation, the assessor must discontinue the investigation unless the assessor is satisfied the conduct is suspected corrupt conduct.\ns 150T ins 2018 No. 8 s 12\namd 2019 No. 30 s 78\nsub 2023 No. 30 s 47\namd 2026 No. 5 s 88 (uncommenced amendment)\n(sec.150T-ssec.1) The assessor must investigate the conduct of a councillor under this division if— the assessor decides to investigate the conduct under section 150SD (4) (b) ; or the conduct is suspected corrupt conduct that is the subject of a complaint referred to the assessor by the Crime and Corruption Commission. The Crime and Corruption Commission may decide, under chapter 2 , part 3 of the Crime and Corruption Act 2001 , to refer a complaint to the assessor to deal with, whether or not in cooperation with the commission.\n(sec.150T-ssec.2) If the office of the councillor is vacated during the investigation, the assessor must discontinue the investigation unless the assessor is satisfied the conduct is suspected corrupt conduct.\n- (a) the assessor decides to investigate the conduct under section 150SD (4) (b) ; or\n- (b) the conduct is suspected corrupt conduct that is the subject of a complaint referred to the assessor by the Crime and Corruption Commission.","sortOrder":276},{"sectionNumber":"sec.150U","sectionType":"section","heading":null,"content":"### Section sec.150U\n\ns 150U ins 2018 No. 8 s 12\nom 2023 No. 30 s 48","sortOrder":277},{"sectionNumber":"sec.150V","sectionType":"section","heading":"Investigative powers","content":"### sec.150V Investigative powers\n\nThe assessor may exercise the assessor’s powers as an investigator under part 4 for an investigation under section 150T .\nSubject to part 4 , the assessor may—\nconduct an investigation in the way the assessor considers appropriate; and\nmake any inquiries the assessor considers appropriate.\nHowever, the assessor must conduct the investigation in a way that ensures the investigation is kept confidential to the extent practicable.\ns 150V ins 2018 No. 8 s 12\namd 2023 No. 30 s 119 sch 1\n(sec.150V-ssec.1) The assessor may exercise the assessor’s powers as an investigator under part 4 for an investigation under section 150T .\n(sec.150V-ssec.2) Subject to part 4 , the assessor may— conduct an investigation in the way the assessor considers appropriate; and make any inquiries the assessor considers appropriate.\n(sec.150V-ssec.3) However, the assessor must conduct the investigation in a way that ensures the investigation is kept confidential to the extent practicable.\n- (a) conduct an investigation in the way the assessor considers appropriate; and\n- (b) make any inquiries the assessor considers appropriate.","sortOrder":278},{"sectionNumber":"sec.150W","sectionType":"section","heading":"Decision about conduct","content":"### sec.150W Decision about conduct\n\nAfter investigating the conduct of a councillor, the assessor may decide to—\nif the conduct was the subject of a complaint made or referred to the assessor under division 2 —dismiss the complaint about the conduct under section 150X ; or\nif the assessor reasonably suspects the councillor’s conduct is a conduct breach—refer the suspected conduct breach to the local government to deal with; or\nif the assessor is reasonably satisfied the councillor’s conduct is misconduct—make an application to the conduct tribunal about the conduct; or\nif the assessor is reasonably satisfied the councillor’s conduct is a conduct breach and the conduct is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct—make an application to the conduct tribunal about the alleged misconduct and conduct breach; or\nnot deal with the conduct and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation; or\ntake no further action in relation to the councillor’s conduct under section 150Y .\ns 150W ins 2018 No. 8 s 12\namd 2019 No. 30 s 81 ; 2023 No. 30 s 49\namd 2026 No. 5 s 89 (uncommenced amendment)\n(sec.150W-ssec) After investigating the conduct of a councillor, the assessor may decide to— if the conduct was the subject of a complaint made or referred to the assessor under division 2 —dismiss the complaint about the conduct under section 150X ; or if the assessor reasonably suspects the councillor’s conduct is a conduct breach—refer the suspected conduct breach to the local government to deal with; or if the assessor is reasonably satisfied the councillor’s conduct is misconduct—make an application to the conduct tribunal about the conduct; or if the assessor is reasonably satisfied the councillor’s conduct is a conduct breach and the conduct is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct—make an application to the conduct tribunal about the alleged misconduct and conduct breach; or not deal with the conduct and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation; or take no further action in relation to the councillor’s conduct under section 150Y .\n- (a) if the conduct was the subject of a complaint made or referred to the assessor under division 2 —dismiss the complaint about the conduct under section 150X ; or\n- (b) if the assessor reasonably suspects the councillor’s conduct is a conduct breach—refer the suspected conduct breach to the local government to deal with; or\n- (c) if the assessor is reasonably satisfied the councillor’s conduct is misconduct—make an application to the conduct tribunal about the conduct; or\n- (d) if the assessor is reasonably satisfied the councillor’s conduct is a conduct breach and the conduct is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct—make an application to the conduct tribunal about the alleged misconduct and conduct breach; or\n- (e) not deal with the conduct and make any recommendation the assessor considers appropriate, including, for example, that the councillor attend training, counselling or mediation; or\n- (f) take no further action in relation to the councillor’s conduct under section 150Y .","sortOrder":279},{"sectionNumber":"sec.150X","sectionType":"section","heading":"Decision to dismiss complaint","content":"### sec.150X Decision to dismiss complaint\n\nThe assessor may decide to dismiss a complaint about the conduct of a councillor if the assessor is satisfied—\nthe conduct—\nhas already been, or is being, dealt with by another entity; or\ndoes not constitute a conduct breach or misconduct; or\nthe complaint—\nis frivolous or vexatious; or\nwas made other than in good faith; or\na complaint made for a mischievous purpose or maliciously\nlacks substance or credibility; or\ndealing with the complaint—\nwould not be in the public interest; or\nwould be an unjustifiable use of resources.\ns 150X ins 2018 No. 8 s 12\namd 2019 No. 30 s 82 ; 2023 No. 30 s 119 sch 1\namd 2026 No. 5 s 90 (uncommenced amendment)\n- (a) the conduct— (i) has already been, or is being, dealt with by another entity; or (ii) does not constitute a conduct breach or misconduct; or\n- (i) has already been, or is being, dealt with by another entity; or\n- (ii) does not constitute a conduct breach or misconduct; or\n- (b) the complaint— (i) is frivolous or vexatious; or (ii) was made other than in good faith; or Examples— a complaint made for a mischievous purpose or maliciously (iii) lacks substance or credibility; or\n- (i) is frivolous or vexatious; or\n- (ii) was made other than in good faith; or Examples— a complaint made for a mischievous purpose or maliciously\n- (iii) lacks substance or credibility; or\n- (c) dealing with the complaint— (i) would not be in the public interest; or (ii) would be an unjustifiable use of resources.\n- (i) would not be in the public interest; or\n- (ii) would be an unjustifiable use of resources.\n- (i) has already been, or is being, dealt with by another entity; or\n- (ii) does not constitute a conduct breach or misconduct; or\n- (i) is frivolous or vexatious; or\n- (ii) was made other than in good faith; or Examples— a complaint made for a mischievous purpose or maliciously\n- (iii) lacks substance or credibility; or\n- (i) would not be in the public interest; or\n- (ii) would be an unjustifiable use of resources.","sortOrder":280},{"sectionNumber":"sec.150Y","sectionType":"section","heading":"Decision to take no further action","content":"### sec.150Y Decision to take no further action\n\nThe assessor may decide to take no further action about the conduct of a councillor if—\nthe conduct was not the subject of a complaint made or referred to the assessor under division 2 ; and\nthe assessor is satisfied—\nthe conduct does not constitute a conduct breach or misconduct; or\nthere is insufficient information to properly investigate the conduct or form an opinion about whether the conduct is, or may be, a conduct breach or misconduct; or\ntaking further action would be an unjustifiable use of resources; or\ntaking further action would not be in the public interest.\ns 150Y ins 2018 No. 8 s 12\namd 2023 No. 30 s 50\namd 2026 No. 5 s 91 (uncommenced amendment)\n- (a) the conduct was not the subject of a complaint made or referred to the assessor under division 2 ; and\n- (b) the assessor is satisfied— (i) the conduct does not constitute a conduct breach or misconduct; or (ii) there is insufficient information to properly investigate the conduct or form an opinion about whether the conduct is, or may be, a conduct breach or misconduct; or (iii) taking further action would be an unjustifiable use of resources; or (iv) taking further action would not be in the public interest.\n- (i) the conduct does not constitute a conduct breach or misconduct; or\n- (ii) there is insufficient information to properly investigate the conduct or form an opinion about whether the conduct is, or may be, a conduct breach or misconduct; or\n- (iii) taking further action would be an unjustifiable use of resources; or\n- (iv) taking further action would not be in the public interest.\n- (i) the conduct does not constitute a conduct breach or misconduct; or\n- (ii) there is insufficient information to properly investigate the conduct or form an opinion about whether the conduct is, or may be, a conduct breach or misconduct; or\n- (iii) taking further action would be an unjustifiable use of resources; or\n- (iv) taking further action would not be in the public interest.","sortOrder":281},{"sectionNumber":"sec.150Z","sectionType":"section","heading":"Notice about decision to dismiss complaint or take no further action","content":"### sec.150Z Notice about decision to dismiss complaint or take no further action\n\nThis section applies if the assessor decides to—\ndismiss a complaint about the conduct of a councillor under section 150X ; or\ntake no further action about the conduct of a councillor under section 150Y .\nThe assessor must give a notice about the decision to—\nfor a decision to dismiss a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\nthe councillor; and\nthe local government.\nThe notice must—\nfor a decision to dismiss a complaint—state the date the complaint was made; and\nbriefly summarise the conduct; and\nbriefly state the decision and the reasons for the decision; and\nfor a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units.\nSee section 150AU about the offence of making a frivolous complaint.\ns 150Z ins 2018 No. 8 s 12\n(sec.150Z-ssec.1) This section applies if the assessor decides to— dismiss a complaint about the conduct of a councillor under section 150X ; or take no further action about the conduct of a councillor under section 150Y .\n(sec.150Z-ssec.2) The assessor must give a notice about the decision to— for a decision to dismiss a complaint—the person who made the complaint, if the assessor has the person’s contact details; and the councillor; and the local government.\n(sec.150Z-ssec.3) The notice must— for a decision to dismiss a complaint—state the date the complaint was made; and briefly summarise the conduct; and briefly state the decision and the reasons for the decision; and for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. See section 150AU about the offence of making a frivolous complaint.\n- (a) dismiss a complaint about the conduct of a councillor under section 150X ; or\n- (b) take no further action about the conduct of a councillor under section 150Y .\n- (a) for a decision to dismiss a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\n- (b) the councillor; and\n- (c) the local government.\n- (a) for a decision to dismiss a complaint—state the date the complaint was made; and\n- (b) briefly summarise the conduct; and\n- (c) briefly state the decision and the reasons for the decision; and\n- (d) for a complaint dismissed because it is frivolous—advise the person who made the complaint that, if the person makes the same or substantially the same complaint to the assessor again, the person commits an offence punishable by a fine of up to 85 penalty units. Note— See section 150AU about the offence of making a frivolous complaint.","sortOrder":282},{"sectionNumber":"sec.150AA","sectionType":"section","heading":"Notice and opportunity for councillor to respond","content":"### sec.150AA Notice and opportunity for councillor to respond\n\nThis section applies if, under section 150W , the assessor is considering making a decision to apply to the conduct tribunal about a councillor’s conduct.\nBefore making the decision, the assessor must give a notice to the councillor that—\nstates the assessor received a complaint, notice or information about the councillor’s conduct or, on the assessor’s own initiative, investigated the councillor’s conduct; and\ndescribes the nature of the conduct; and\nstates the assessor is considering making a decision to apply to the conduct tribunal about the conduct; and\nstates the order that, in the assessor’s opinion, would be appropriate under section 150AR if the conduct tribunal decides the councillor has engaged in a conduct breach or misconduct; and\nstates that the councillor may give a statement or information to the assessor about—\nthe conduct; and\nwhy the assessor should not make the decision; and\nstates the reasonable period in which the councillor may provide the statement or information.\nThe assessor must consider any statement or information given to the assessor by the councillor under the notice before making the decision.\ns 150AA ins 2018 No. 8 s 12\namd 2019 No. 30 s 83 ; 2023 No. 30 s 51\namd 2026 No. 5 s 92 (uncommenced amendment)\n(sec.150AA-ssec.1) This section applies if, under section 150W , the assessor is considering making a decision to apply to the conduct tribunal about a councillor’s conduct.\n(sec.150AA-ssec.2) Before making the decision, the assessor must give a notice to the councillor that— states the assessor received a complaint, notice or information about the councillor’s conduct or, on the assessor’s own initiative, investigated the councillor’s conduct; and describes the nature of the conduct; and states the assessor is considering making a decision to apply to the conduct tribunal about the conduct; and states the order that, in the assessor’s opinion, would be appropriate under section 150AR if the conduct tribunal decides the councillor has engaged in a conduct breach or misconduct; and states that the councillor may give a statement or information to the assessor about— the conduct; and why the assessor should not make the decision; and states the reasonable period in which the councillor may provide the statement or information.\n(sec.150AA-ssec.3) The assessor must consider any statement or information given to the assessor by the councillor under the notice before making the decision.\n- (a) states the assessor received a complaint, notice or information about the councillor’s conduct or, on the assessor’s own initiative, investigated the councillor’s conduct; and\n- (b) describes the nature of the conduct; and\n- (c) states the assessor is considering making a decision to apply to the conduct tribunal about the conduct; and\n- (d) states the order that, in the assessor’s opinion, would be appropriate under section 150AR if the conduct tribunal decides the councillor has engaged in a conduct breach or misconduct; and\n- (e) states that the councillor may give a statement or information to the assessor about— (i) the conduct; and (ii) why the assessor should not make the decision; and\n- (i) the conduct; and\n- (ii) why the assessor should not make the decision; and\n- (f) states the reasonable period in which the councillor may provide the statement or information.\n- (i) the conduct; and\n- (ii) why the assessor should not make the decision; and","sortOrder":283},{"sectionNumber":"ch.5A-pt.3-div.5","sectionType":"division","heading":"Referral of conduct to local government","content":"## Referral of conduct to local government","sortOrder":284},{"sectionNumber":"sec.150AB","sectionType":"section","heading":"Application of division","content":"### sec.150AB Application of division\n\nThis division applies if the assessor—\nreasonably suspects a councillor has engaged in a conduct breach; and\ndecides, under section 150SD (4) (a) or 150W (b) , to refer the conduct to the local government to deal with under this division.\ns 150AB ins 2018 No. 8 s 12\namd 2019 No. 30 s 84 ; 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 93 (uncommenced amendment)\n- (a) reasonably suspects a councillor has engaged in a conduct breach; and\n- (b) decides, under section 150SD (4) (a) or 150W (b) , to refer the conduct to the local government to deal with under this division.","sortOrder":285},{"sectionNumber":"sec.150AC","sectionType":"section","heading":"Referral of suspected conduct breach","content":"### sec.150AC Referral of suspected conduct breach\n\nThe assessor refers the councillor’s conduct to the local government to deal with by giving a notice (a referral notice ) to the local government.\nThe referral notice must—\ninclude details of the conduct and any complaint received about the conduct; and\nstate why the assessor reasonably suspects the councillor has engaged in a conduct breach; and\ninclude information about the facts and circumstances forming the basis for the assessor’s reasonable suspicion.\ns 150AC ins 2018 No. 8 s 12\namd 2023 No. 30 s 52\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AC-ssec.1) The assessor refers the councillor’s conduct to the local government to deal with by giving a notice (a referral notice ) to the local government.\n(sec.150AC-ssec.2) The referral notice must— include details of the conduct and any complaint received about the conduct; and state why the assessor reasonably suspects the councillor has engaged in a conduct breach; and include information about the facts and circumstances forming the basis for the assessor’s reasonable suspicion.\n- (a) include details of the conduct and any complaint received about the conduct; and\n- (b) state why the assessor reasonably suspects the councillor has engaged in a conduct breach; and\n- (c) include information about the facts and circumstances forming the basis for the assessor’s reasonable suspicion.","sortOrder":286},{"sectionNumber":"sec.150AD","sectionType":"section","heading":"Notice about referral","content":"### sec.150AD Notice about referral\n\nAs soon as practicable after referring the councillor’s conduct to the local government, the assessor must give the councillor a notice that—\nstates the assessor has referred the councillor’s conduct to the local government to deal with under this division; and\nattaches a copy of the referral notice.\ns 150AD ins 2018 No. 8 s 12\nom 2026 No. 5 s 93 (uncommenced amendment)\n- (a) states the assessor has referred the councillor’s conduct to the local government to deal with under this division; and\n- (b) attaches a copy of the referral notice.","sortOrder":287},{"sectionNumber":"sec.150AE","sectionType":"section","heading":"Local government must adopt investigation policy","content":"### sec.150AE Local government must adopt investigation policy\n\nA local government must adopt, by resolution, a policy (an investigation policy ) about how it deals with the suspected conduct breaches of councillors referred, by the assessor, to the local government to be dealt with.\nThe policy must—\ninclude a procedure for investigating the suspected conduct breaches of councillors; and\nstate the circumstances in which another entity may investigate the conduct; and\nbe consistent with the principles of natural justice; and\nrequire the local government to prepare a report about each investigation; and\nrequire councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and\ninclude a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA .\nThe policy must require the local government—\nto give the councillor information about the suspected conduct, including details about the evidence of the conduct; and\nto give the councillor a notice if an investigation is not started or is discontinued; and\nfor conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and\nto give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and\nto allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and\nto consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and\nto include in the investigation report—\nif evidence is given by the councillor—a summary of the evidence; and\nif the councillor gives a written submission—a full copy of the written submission.\nThe policy must be published on the local government’s website.\ns 150AE ins 2018 No. 8 s 12\namd 2023 No. 30 s 53\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AE-ssec.1) A local government must adopt, by resolution, a policy (an investigation policy ) about how it deals with the suspected conduct breaches of councillors referred, by the assessor, to the local government to be dealt with.\n(sec.150AE-ssec.2) The policy must— include a procedure for investigating the suspected conduct breaches of councillors; and state the circumstances in which another entity may investigate the conduct; and be consistent with the principles of natural justice; and require the local government to prepare a report about each investigation; and require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and include a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA .\n(sec.150AE-ssec.3) The policy must require the local government— to give the councillor information about the suspected conduct, including details about the evidence of the conduct; and to give the councillor a notice if an investigation is not started or is discontinued; and for conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and to give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and to allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and to consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and to include in the investigation report— if evidence is given by the councillor—a summary of the evidence; and if the councillor gives a written submission—a full copy of the written submission.\n(sec.150AE-ssec.4) The policy must be published on the local government’s website.\n- (a) include a procedure for investigating the suspected conduct breaches of councillors; and\n- (b) state the circumstances in which another entity may investigate the conduct; and\n- (c) be consistent with the principles of natural justice; and\n- (d) require the local government to prepare a report about each investigation; and\n- (e) require councillors and persons who make complaints about councillors’ conduct to be given notice about the outcome of investigations; and\n- (f) include a procedure about when the local government may decide not to start, or to discontinue, an investigation under section 150AEA .\n- (a) to give the councillor information about the suspected conduct, including details about the evidence of the conduct; and\n- (b) to give the councillor a notice if an investigation is not started or is discontinued; and\n- (c) for conduct the subject of a complaint—to give the person who made the complaint, if the contact details of the person are known, a notice if an investigation is not started or is discontinued; and\n- (d) to give the councillor the preliminary findings of the investigation before preparing an investigation report about the investigation; and\n- (e) to allow the councillor to give evidence or a written submission to the local government about the suspected conduct and preliminary findings; and\n- (f) to consider any evidence and written submission given by the councillor in preparing the investigation report for the investigation; and\n- (g) to include in the investigation report— (i) if evidence is given by the councillor—a summary of the evidence; and (ii) if the councillor gives a written submission—a full copy of the written submission.\n- (i) if evidence is given by the councillor—a summary of the evidence; and\n- (ii) if the councillor gives a written submission—a full copy of the written submission.\n- (i) if evidence is given by the councillor—a summary of the evidence; and\n- (ii) if the councillor gives a written submission—a full copy of the written submission.","sortOrder":288},{"sectionNumber":"sec.150AEA","sectionType":"section","heading":"Local government may decide not to start, or to discontinue, investigation","content":"### sec.150AEA Local government may decide not to start, or to discontinue, investigation\n\nThe local government may decide not to start, or to discontinue, an investigation about a councillor’s conduct after receiving a referral notice if—\nfor conduct the subject of a complaint—\nthe complainant withdraws the complaint or consents to the investigation not being started or being discontinued; or\nthe complainant does not comply with a request by the local government for further information; or\nthere is insufficient information to investigate the conduct.\nAlso, the local government must discontinue an investigation if the office of the councillor is vacated during the investigation.\nIf an investigation is discontinued under this section, the local government must not make a decision under section 150AG .\ns 150AEA ins 2023 No. 30 s 54\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AEA-ssec.1) The local government may decide not to start, or to discontinue, an investigation about a councillor’s conduct after receiving a referral notice if— for conduct the subject of a complaint— the complainant withdraws the complaint or consents to the investigation not being started or being discontinued; or the complainant does not comply with a request by the local government for further information; or there is insufficient information to investigate the conduct.\n(sec.150AEA-ssec.2) Also, the local government must discontinue an investigation if the office of the councillor is vacated during the investigation.\n(sec.150AEA-ssec.3) If an investigation is discontinued under this section, the local government must not make a decision under section 150AG .\n- (a) for conduct the subject of a complaint— (i) the complainant withdraws the complaint or consents to the investigation not being started or being discontinued; or (ii) the complainant does not comply with a request by the local government for further information; or\n- (i) the complainant withdraws the complaint or consents to the investigation not being started or being discontinued; or\n- (ii) the complainant does not comply with a request by the local government for further information; or\n- (b) there is insufficient information to investigate the conduct.\n- (i) the complainant withdraws the complaint or consents to the investigation not being started or being discontinued; or\n- (ii) the complainant does not comply with a request by the local government for further information; or","sortOrder":289},{"sectionNumber":"sec.150AF","sectionType":"section","heading":"Investigating suspected conduct breach","content":"### sec.150AF Investigating suspected conduct breach\n\nSubject to section 150AEA , the local government must investigate the councillor’s conduct.\nIn conducting the investigation, the local government must comply with the investigation policy.\nIf, in investigating the conduct, the local government obtains information indicating the councillor may have engaged in misconduct, the local government must—\ngive the information to the assessor for a preliminary assessment under division 3A ; and\ntake no further action in relation to the conduct.\ns 150AF ins 2018 No. 8 s 12\namd 2023 No. 30 s 55\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AF-ssec.1) Subject to section 150AEA , the local government must investigate the councillor’s conduct.\n(sec.150AF-ssec.2) In conducting the investigation, the local government must comply with the investigation policy.\n(sec.150AF-ssec.3) If, in investigating the conduct, the local government obtains information indicating the councillor may have engaged in misconduct, the local government must— give the information to the assessor for a preliminary assessment under division 3A ; and take no further action in relation to the conduct.\n- (a) give the information to the assessor for a preliminary assessment under division 3A ; and\n- (b) take no further action in relation to the conduct.","sortOrder":290},{"sectionNumber":"sec.150AFA","sectionType":"section","heading":"Local government must make summary of investigation report publicly available","content":"### sec.150AFA Local government must make summary of investigation report publicly available\n\nThis section applies if an investigation report about an investigation is given to the local government to assist in the making of a decision at a local government meeting under section 150AG .\nHowever, this section does not apply in relation to a decision by the Establishment and Coordination Committee under the City of Brisbane Act 2010 .\nBefore making the decision, the local government must—\nprepare a summary of the investigation report; and\nmake the summary publicly available on or before the day and time prescribed by regulation.\nThe summary must include—\nthe name of the councillor whose conduct has been investigated; and\na description of the alleged conduct; and\na statement of the facts established by the investigation; and\na description of how natural justice was afforded to the councillor during the conduct of the investigation; and\na summary of the findings of the investigation; and\nany recommendations made by the entity that investigated the conduct.\nHowever, the following information must not be made publicly available—\nif the investigation relates to the conduct of a councillor that was the subject of a complaint—\nthe name of the person who made the complaint or any other person, other than the councillor; or\ninformation that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\nif a person, other than the councillor, provided information for the purposes of the investigation including, for example, by giving an interview or making a submission or affidavit—\nthe name of the person; or\ninformation that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\nany other information the local government is entitled or required to keep confidential under a law.\ndocuments subject to legal professional privilege\ninformation that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\ns 150AFA ins 2023 No. 30 s 56\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AFA-ssec.1) This section applies if an investigation report about an investigation is given to the local government to assist in the making of a decision at a local government meeting under section 150AG .\n(sec.150AFA-ssec.2) However, this section does not apply in relation to a decision by the Establishment and Coordination Committee under the City of Brisbane Act 2010 .\n(sec.150AFA-ssec.3) Before making the decision, the local government must— prepare a summary of the investigation report; and make the summary publicly available on or before the day and time prescribed by regulation.\n(sec.150AFA-ssec.4) The summary must include— the name of the councillor whose conduct has been investigated; and a description of the alleged conduct; and a statement of the facts established by the investigation; and a description of how natural justice was afforded to the councillor during the conduct of the investigation; and a summary of the findings of the investigation; and any recommendations made by the entity that investigated the conduct.\n(sec.150AFA-ssec.5) However, the following information must not be made publicly available— if the investigation relates to the conduct of a councillor that was the subject of a complaint— the name of the person who made the complaint or any other person, other than the councillor; or information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ; if a person, other than the councillor, provided information for the purposes of the investigation including, for example, by giving an interview or making a submission or affidavit— the name of the person; or information that could reasonably be expected to result in identifying the person or any other person, other than the councillor; any other information the local government is entitled or required to keep confidential under a law. documents subject to legal professional privilege information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n- (a) prepare a summary of the investigation report; and\n- (b) make the summary publicly available on or before the day and time prescribed by regulation.\n- (a) the name of the councillor whose conduct has been investigated; and\n- (b) a description of the alleged conduct; and\n- (c) a statement of the facts established by the investigation; and\n- (d) a description of how natural justice was afforded to the councillor during the conduct of the investigation; and\n- (e) a summary of the findings of the investigation; and\n- (f) any recommendations made by the entity that investigated the conduct.\n- (a) if the investigation relates to the conduct of a councillor that was the subject of a complaint— (i) the name of the person who made the complaint or any other person, other than the councillor; or (ii) information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\n- (i) the name of the person who made the complaint or any other person, other than the councillor; or\n- (ii) information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\n- (b) if a person, other than the councillor, provided information for the purposes of the investigation including, for example, by giving an interview or making a submission or affidavit— (i) the name of the person; or (ii) information that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\n- (i) the name of the person; or\n- (ii) information that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\n- (c) any other information the local government is entitled or required to keep confidential under a law. Examples for paragraph (c) — • documents subject to legal professional privilege • information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n- • documents subject to legal professional privilege\n- • information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n- (i) the name of the person who made the complaint or any other person, other than the councillor; or\n- (ii) information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\n- (i) the name of the person; or\n- (ii) information that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\n- • documents subject to legal professional privilege\n- • information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010","sortOrder":291},{"sectionNumber":"sec.150AG","sectionType":"section","heading":"Decision about conduct breach","content":"### sec.150AG Decision about conduct breach\n\nAfter conducting the investigation, the local government must decide—\nwhether or not the councillor has engaged in a conduct breach; and\nif the local government decides the councillor has engaged in a conduct breach—what action the local government will take under section 150AH to discipline the councillor.\nSee section 257 (2) or the City of Brisbane Act 2010 , section 238 (2) which limit delegation of the local government’s power to make decisions under this section.\nIn deciding what action to take, the local government may consider—\nany previous conduct breach of the councillor; and\nany allegation made in the investigation that—\nwas admitted, or not challenged; and\nthe local government is reasonably satisfied is true.\ns 150AG ins 2018 No. 8 s 12\namd 2019 No. 30 s 131 ; 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AG-ssec.1) After conducting the investigation, the local government must decide— whether or not the councillor has engaged in a conduct breach; and if the local government decides the councillor has engaged in a conduct breach—what action the local government will take under section 150AH to discipline the councillor. See section 257 (2) or the City of Brisbane Act 2010 , section 238 (2) which limit delegation of the local government’s power to make decisions under this section.\n(sec.150AG-ssec.2) In deciding what action to take, the local government may consider— any previous conduct breach of the councillor; and any allegation made in the investigation that— was admitted, or not challenged; and the local government is reasonably satisfied is true.\n- (a) whether or not the councillor has engaged in a conduct breach; and\n- (b) if the local government decides the councillor has engaged in a conduct breach—what action the local government will take under section 150AH to discipline the councillor.\n- (a) any previous conduct breach of the councillor; and\n- (b) any allegation made in the investigation that— (i) was admitted, or not challenged; and (ii) the local government is reasonably satisfied is true.\n- (i) was admitted, or not challenged; and\n- (ii) the local government is reasonably satisfied is true.\n- (i) was admitted, or not challenged; and\n- (ii) the local government is reasonably satisfied is true.","sortOrder":292},{"sectionNumber":"sec.150AGA","sectionType":"section","heading":"Local government must make investigation report publicly available","content":"### sec.150AGA Local government must make investigation report publicly available\n\nAfter making a decision under section 150AG , the local government must make the investigation report for the investigation publicly available—\nif the decision is made at a local government meeting—on or before the day and time prescribed by regulation; or\notherwise—within 10 business days after the decision is made.\nHowever, the following information contained in the investigation report must not be made publicly available—\nif the investigation relates to the conduct of a councillor that was the subject of a complaint—\nthe name of the person who made the complaint or any other person, other than the councillor; or\ninformation that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\nif a person, other than the councillor, provided information for the purposes of the investigation including, for example, by giving an interview or making a submission or affidavit—\nthe name of the person; or\ninformation that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\nthe submission or affidavit of, or a record or transcript of information provided orally by, a person mentioned in paragraph (b) , including, for example, a transcript of an interview;\nany other information the local government is entitled or required to keep confidential under a law.\ndocuments subject to legal professional privilege\ninformation that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\nThe information mentioned in subsection (2) (a) must not be made publicly available even if the information—\nis required to be declared under section 150EQ or the City of Brisbane Act 2010 , section 177N ; or\nis otherwise required to be disclosed or made publicly available under this Act or the City of Brisbane Act 2010 .\nDespite subsections (2) (a) and (3) , the report made publicly available must include the name of the person who made the complaint if—\nthe person is a councillor or the chief executive officer of the local government; and\nthe person’s identity as the complainant was disclosed at the meeting at which the report for the investigation was considered.\ns 150AGA ins 2023 No. 30 s 57\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AGA-ssec.1) After making a decision under section 150AG , the local government must make the investigation report for the investigation publicly available— if the decision is made at a local government meeting—on or before the day and time prescribed by regulation; or otherwise—within 10 business days after the decision is made.\n(sec.150AGA-ssec.2) However, the following information contained in the investigation report must not be made publicly available— if the investigation relates to the conduct of a councillor that was the subject of a complaint— the name of the person who made the complaint or any other person, other than the councillor; or information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ; if a person, other than the councillor, provided information for the purposes of the investigation including, for example, by giving an interview or making a submission or affidavit— the name of the person; or information that could reasonably be expected to result in identifying the person or any other person, other than the councillor; the submission or affidavit of, or a record or transcript of information provided orally by, a person mentioned in paragraph (b) , including, for example, a transcript of an interview; any other information the local government is entitled or required to keep confidential under a law. documents subject to legal professional privilege information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n(sec.150AGA-ssec.3) The information mentioned in subsection (2) (a) must not be made publicly available even if the information— is required to be declared under section 150EQ or the City of Brisbane Act 2010 , section 177N ; or is otherwise required to be disclosed or made publicly available under this Act or the City of Brisbane Act 2010 .\n(sec.150AGA-ssec.4) Despite subsections (2) (a) and (3) , the report made publicly available must include the name of the person who made the complaint if— the person is a councillor or the chief executive officer of the local government; and the person’s identity as the complainant was disclosed at the meeting at which the report for the investigation was considered.\n- (a) if the decision is made at a local government meeting—on or before the day and time prescribed by regulation; or\n- (b) otherwise—within 10 business days after the decision is made.\n- (a) if the investigation relates to the conduct of a councillor that was the subject of a complaint— (i) the name of the person who made the complaint or any other person, other than the councillor; or (ii) information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\n- (i) the name of the person who made the complaint or any other person, other than the councillor; or\n- (ii) information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\n- (b) if a person, other than the councillor, provided information for the purposes of the investigation including, for example, by giving an interview or making a submission or affidavit— (i) the name of the person; or (ii) information that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\n- (i) the name of the person; or\n- (ii) information that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\n- (c) the submission or affidavit of, or a record or transcript of information provided orally by, a person mentioned in paragraph (b) , including, for example, a transcript of an interview;\n- (d) any other information the local government is entitled or required to keep confidential under a law. Examples for paragraph (d) — • documents subject to legal professional privilege • information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n- • documents subject to legal professional privilege\n- • information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n- (i) the name of the person who made the complaint or any other person, other than the councillor; or\n- (ii) information that could reasonably be expected to result in identifying a person mentioned in subparagraph (i) ;\n- (i) the name of the person; or\n- (ii) information that could reasonably be expected to result in identifying the person or any other person, other than the councillor;\n- • documents subject to legal professional privilege\n- • information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010\n- (a) is required to be declared under section 150EQ or the City of Brisbane Act 2010 , section 177N ; or\n- (b) is otherwise required to be disclosed or made publicly available under this Act or the City of Brisbane Act 2010 .\n- (a) the person is a councillor or the chief executive officer of the local government; and\n- (b) the person’s identity as the complainant was disclosed at the meeting at which the report for the investigation was considered.","sortOrder":293},{"sectionNumber":"sec.150AH","sectionType":"section","heading":"Disciplinary action against councillor","content":"### sec.150AH Disciplinary action against councillor\n\nFor section 150AG (1) (b) , the local government may—\norder that no action be taken against the councillor; or\nmake 1 or more of the following orders—\nan order that the councillor make a public apology, in the way decided by the local government, for the conduct;\nan order reprimanding the councillor for the conduct;\nan order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense;\nan order that the councillor be excluded from a stated local government meeting;\nan order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor;\nThe councillor is ordered to resign from an appointment representing the local government on a State board or committee.\nan order that if the councillor engages in the same type of conduct again, it will be treated as misconduct;\nan order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s conduct breach.\ns 150AH ins 2018 No. 8 s 12\namd 2023 No. 30 s 58\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AH-ssec) For section 150AG (1) (b) , the local government may— order that no action be taken against the councillor; or make 1 or more of the following orders— an order that the councillor make a public apology, in the way decided by the local government, for the conduct; an order reprimanding the councillor for the conduct; an order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense; an order that the councillor be excluded from a stated local government meeting; an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; The councillor is ordered to resign from an appointment representing the local government on a State board or committee. an order that if the councillor engages in the same type of conduct again, it will be treated as misconduct; an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s conduct breach.\n- (a) order that no action be taken against the councillor; or\n- (b) make 1 or more of the following orders— (i) an order that the councillor make a public apology, in the way decided by the local government, for the conduct; (ii) an order reprimanding the councillor for the conduct; (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense; (iv) an order that the councillor be excluded from a stated local government meeting; (v) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee. (vi) an order that if the councillor engages in the same type of conduct again, it will be treated as misconduct; (vii) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s conduct breach.\n- (i) an order that the councillor make a public apology, in the way decided by the local government, for the conduct;\n- (ii) an order reprimanding the councillor for the conduct;\n- (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense;\n- (iv) an order that the councillor be excluded from a stated local government meeting;\n- (v) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee.\n- (vi) an order that if the councillor engages in the same type of conduct again, it will be treated as misconduct;\n- (vii) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s conduct breach.\n- (i) an order that the councillor make a public apology, in the way decided by the local government, for the conduct;\n- (ii) an order reprimanding the councillor for the conduct;\n- (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the councillor’s expense;\n- (iv) an order that the councillor be excluded from a stated local government meeting;\n- (v) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee.\n- (vi) an order that if the councillor engages in the same type of conduct again, it will be treated as misconduct;\n- (vii) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s conduct breach.","sortOrder":294},{"sectionNumber":"sec.150AHA","sectionType":"section","heading":"Notice to assessor","content":"### sec.150AHA Notice to assessor\n\nThe local government must give the assessor a notice complying with subsection (2) as soon as practicable after the local government—\ndecides not to start, or to discontinue, an investigation of the councillor’s conduct under section 150AEA ; or\nmakes a decision about whether or not the councillor has engaged in a conduct breach under section 150AG .\nThe notice must state—\nthe decision; and\nthe reasons for the decision; and\nif an order is made under section 150AH —details about the order.\ns 150AHA ins 2023 No. 30 s 59\nom 2026 No. 5 s 93 (uncommenced amendment)\n(sec.150AHA-ssec.1) The local government must give the assessor a notice complying with subsection (2) as soon as practicable after the local government— decides not to start, or to discontinue, an investigation of the councillor’s conduct under section 150AEA ; or makes a decision about whether or not the councillor has engaged in a conduct breach under section 150AG .\n(sec.150AHA-ssec.2) The notice must state— the decision; and the reasons for the decision; and if an order is made under section 150AH —details about the order.\n- (a) decides not to start, or to discontinue, an investigation of the councillor’s conduct under section 150AEA ; or\n- (b) makes a decision about whether or not the councillor has engaged in a conduct breach under section 150AG .\n- (a) the decision; and\n- (b) the reasons for the decision; and\n- (c) if an order is made under section 150AH —details about the order.","sortOrder":295},{"sectionNumber":"ch.5A-pt.3-div.6","sectionType":"division","heading":"Application to conduct tribunal about misconduct and connected conduct breach","content":"## Application to conduct tribunal about misconduct and connected conduct breach","sortOrder":296},{"sectionNumber":"sec.150AI","sectionType":"section","heading":"Application of division","content":"### sec.150AI Application of division\n\nThis division applies if the assessor is reasonably satisfied a councillor has engaged in—\nmisconduct; or\na conduct breach that is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct.\ns 150AI ins 2018 No. 8 s 12\namd 2019 No. 30 s 86 ; 2023 No. 30 s 119 sch 1\namd 2026 No. 5 s 95 (uncommenced amendment)\n- (a) misconduct; or\n- (b) a conduct breach that is connected to conduct of the councillor that the assessor is reasonably satisfied is misconduct.","sortOrder":297},{"sectionNumber":"sec.150AJ","sectionType":"section","heading":"Application to conduct tribunal about alleged misconduct","content":"### sec.150AJ Application to conduct tribunal about alleged misconduct\n\nThe assessor may apply to the conduct tribunal to decide whether the councillor has engaged in—\nmisconduct; or\na conduct breach that is connected to conduct of the councillor that is alleged misconduct.\nThe application must—\nbe in writing; and\ninclude details of the alleged misconduct or conduct breach and any complaint received about the misconduct or conduct breach; and\nstate why the assessor is reasonably satisfied the councillor has engaged in—\nmisconduct; or\nmisconduct and a conduct breach that is connected to the alleged misconduct; and\ninclude information about the facts and circumstances forming the basis for the assessor’s reasonable satisfaction.\nThe assessor may make an application under subsection (1) about the alleged conduct breach only if the application is also made about the connected alleged misconduct.\ns 150AJ ins 2018 No. 8 s 12\namd 2019 No. 30 s 87 ; 2023 No. 30 s 119 sch 1\namd 2026 No. 5 s 96 (uncommenced amendment)\n(sec.150AJ-ssec.1) The assessor may apply to the conduct tribunal to decide whether the councillor has engaged in— misconduct; or a conduct breach that is connected to conduct of the councillor that is alleged misconduct.\n(sec.150AJ-ssec.2) The application must— be in writing; and include details of the alleged misconduct or conduct breach and any complaint received about the misconduct or conduct breach; and state why the assessor is reasonably satisfied the councillor has engaged in— misconduct; or misconduct and a conduct breach that is connected to the alleged misconduct; and include information about the facts and circumstances forming the basis for the assessor’s reasonable satisfaction.\n(sec.150AJ-ssec.3) The assessor may make an application under subsection (1) about the alleged conduct breach only if the application is also made about the connected alleged misconduct.\n- (a) misconduct; or\n- (b) a conduct breach that is connected to conduct of the councillor that is alleged misconduct.\n- (a) be in writing; and\n- (b) include details of the alleged misconduct or conduct breach and any complaint received about the misconduct or conduct breach; and\n- (c) state why the assessor is reasonably satisfied the councillor has engaged in— (i) misconduct; or (ii) misconduct and a conduct breach that is connected to the alleged misconduct; and\n- (i) misconduct; or\n- (ii) misconduct and a conduct breach that is connected to the alleged misconduct; and\n- (d) include information about the facts and circumstances forming the basis for the assessor’s reasonable satisfaction.\n- (i) misconduct; or\n- (ii) misconduct and a conduct breach that is connected to the alleged misconduct; and","sortOrder":298},{"sectionNumber":"sec.150AK","sectionType":"section","heading":"Copy of application must be given to councillor","content":"### sec.150AK Copy of application must be given to councillor\n\nAs soon as practicable after making the application, the assessor must give a copy of the application to the councillor.\nThe assessor must make all reasonable attempts to give the copy of the application to the councillor, including, for example, by giving the copy to the local government to give to the councillor.\ns 150AK ins 2018 No. 8 s 12\namd 2023 No. 30 s 60\n(sec.150AK-ssec.1) As soon as practicable after making the application, the assessor must give a copy of the application to the councillor.\n(sec.150AK-ssec.2) The assessor must make all reasonable attempts to give the copy of the application to the councillor, including, for example, by giving the copy to the local government to give to the councillor.","sortOrder":299},{"sectionNumber":"sec.150AKA","sectionType":"section","heading":"Withdrawing application","content":"### sec.150AKA Withdrawing application\n\nThe assessor may, at any time before the application has been decided, withdraw the application, in whole or in part, if the assessor is satisfied the withdrawal is in the public interest.\nAlso, if the office of the councillor is vacated before the application is decided, the assessor must withdraw the application.\nIf the application is withdrawn under this section, as soon as practicable—\ngive a notice to the conduct tribunal that states the application is withdrawn in whole or in part and the reasons for the withdrawal; and\ngive a copy of the notice to—\nif the application relates to the conduct of a councillor that was the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\nthe councillor; and\nthe local government.\ns 150AKA ins 2023 No. 30 s 61\n(sec.150AKA-ssec.1) The assessor may, at any time before the application has been decided, withdraw the application, in whole or in part, if the assessor is satisfied the withdrawal is in the public interest.\n(sec.150AKA-ssec.2) Also, if the office of the councillor is vacated before the application is decided, the assessor must withdraw the application.\n(sec.150AKA-ssec.3) If the application is withdrawn under this section, as soon as practicable— give a notice to the conduct tribunal that states the application is withdrawn in whole or in part and the reasons for the withdrawal; and give a copy of the notice to— if the application relates to the conduct of a councillor that was the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and the councillor; and the local government.\n- (a) give a notice to the conduct tribunal that states the application is withdrawn in whole or in part and the reasons for the withdrawal; and\n- (b) give a copy of the notice to— (i) if the application relates to the conduct of a councillor that was the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and (ii) the councillor; and (iii) the local government.\n- (i) if the application relates to the conduct of a councillor that was the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\n- (ii) the councillor; and\n- (iii) the local government.\n- (i) if the application relates to the conduct of a councillor that was the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\n- (ii) the councillor; and\n- (iii) the local government.","sortOrder":300},{"sectionNumber":"sec.150AL","sectionType":"section","heading":"Conduct tribunal must give notice to parties and conduct hearing","content":"### sec.150AL Conduct tribunal must give notice to parties and conduct hearing\n\nThe conduct tribunal must conduct a hearing about the application.\nThe conduct tribunal must, at least 14 days before the application is heard, give the parties a notice that states the day, time and place of the hearing of the application.\nIf the conduct tribunal is unable to give the notice to the councillor, the conduct tribunal may take other reasonable steps to ensure the councillor is aware of the day, time and place of the hearing, including, for example, by giving the notice to the local government to give to the councillor.\ns 150AL ins 2018 No. 8 s 12\namd 2023 No. 30 s 62\n(sec.150AL-ssec.1) The conduct tribunal must conduct a hearing about the application.\n(sec.150AL-ssec.2) The conduct tribunal must, at least 14 days before the application is heard, give the parties a notice that states the day, time and place of the hearing of the application.\n(sec.150AL-ssec.3) If the conduct tribunal is unable to give the notice to the councillor, the conduct tribunal may take other reasonable steps to ensure the councillor is aware of the day, time and place of the hearing, including, for example, by giving the notice to the local government to give to the councillor.","sortOrder":301},{"sectionNumber":"sec.150AM","sectionType":"section","heading":"Constitution of conduct tribunal","content":"### sec.150AM Constitution of conduct tribunal\n\nThe conduct tribunal is to be constituted by—\nfor hearing a matter about the conduct of a councillor—not more than 3 members of the conduct tribunal chosen by the president; or\nfor dealing with an administrative or procedural matter related to hearing a matter about the conduct of a councillor—1 member chosen by the president.\ns 150AM ins 2018 No. 8 s 12\namd 2023 No. 30 s 63\n- (a) for hearing a matter about the conduct of a councillor—not more than 3 members of the conduct tribunal chosen by the president; or\n- (b) for dealing with an administrative or procedural matter related to hearing a matter about the conduct of a councillor—1 member chosen by the president.","sortOrder":302},{"sectionNumber":"sec.150AN","sectionType":"section","heading":"Role of the assessor","content":"### sec.150AN Role of the assessor\n\nThe assessor is a party to the hearing.\nThe onus of proof is on the assessor to prove the councillor engaged in—\nmisconduct; and\nif the application also relates to an alleged conduct breach—the conduct breach.\ns 150AN ins 2018 No. 8 s 12\namd 2019 No. 30 s 88 ; 2023 No. 30 s 119 sch 1\namd 2026 No. 5 s 97 (uncommenced amendment)\n(sec.150AN-ssec.1) The assessor is a party to the hearing.\n(sec.150AN-ssec.2) The onus of proof is on the assessor to prove the councillor engaged in— misconduct; and if the application also relates to an alleged conduct breach—the conduct breach.\n- (a) misconduct; and\n- (b) if the application also relates to an alleged conduct breach—the conduct breach.","sortOrder":303},{"sectionNumber":"sec.150AO","sectionType":"section","heading":"Respondent","content":"### sec.150AO Respondent\n\nThe councillor is—\nthe respondent to the application; and\na party to the hearing.\ns 150AO ins 2018 No. 8 s 12\n- (a) the respondent to the application; and\n- (b) a party to the hearing.","sortOrder":304},{"sectionNumber":"sec.150AP","sectionType":"section","heading":"Conduct of hearing","content":"### sec.150AP Conduct of hearing\n\nThe hearing must be conducted in the way set out in chapter 7 , part 1 .\nThe conduct tribunal may conduct the hearing from the documents brought before the conduct tribunal, without the parties or the witnesses appearing, if—\nthe conduct tribunal considers it appropriate in all the circumstances; or\nthe parties agree.\nThe hearing may be about the conduct of more than 1 councillor, unless the conduct tribunal is satisfied doing so may prejudice the defence of any of the councillors.\nThe standard of proof in the hearing is the balance of probabilities.\nThe conduct tribunal must keep a written record of the hearing, in which it records—\nthe statements of the councillor and all witnesses; and\nany reports relating to the councillor that are tendered at the hearing.\ns 150AP ins 2018 No. 8 s 12\n(sec.150AP-ssec.1) The hearing must be conducted in the way set out in chapter 7 , part 1 .\n(sec.150AP-ssec.2) The conduct tribunal may conduct the hearing from the documents brought before the conduct tribunal, without the parties or the witnesses appearing, if— the conduct tribunal considers it appropriate in all the circumstances; or the parties agree.\n(sec.150AP-ssec.3) The hearing may be about the conduct of more than 1 councillor, unless the conduct tribunal is satisfied doing so may prejudice the defence of any of the councillors.\n(sec.150AP-ssec.4) The standard of proof in the hearing is the balance of probabilities.\n(sec.150AP-ssec.5) The conduct tribunal must keep a written record of the hearing, in which it records— the statements of the councillor and all witnesses; and any reports relating to the councillor that are tendered at the hearing.\n- (a) the conduct tribunal considers it appropriate in all the circumstances; or\n- (b) the parties agree.\n- (a) the statements of the councillor and all witnesses; and\n- (b) any reports relating to the councillor that are tendered at the hearing.","sortOrder":305},{"sectionNumber":"sec.150AQ","sectionType":"section","heading":"Deciding about misconduct and connected conduct breach","content":"### sec.150AQ Deciding about misconduct and connected conduct breach\n\nAfter conducting the hearing, the conduct tribunal must decide—\nwhether or not the councillor has engaged in—\nif the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or\nif the application relates only to alleged misconduct—misconduct; and\nif the conduct tribunal decides the councillor has engaged in misconduct or a conduct breach—what action the conduct tribunal will take under section 150AR to discipline the councillor.\nIn deciding what action to take, the conduct tribunal may consider—\nany previous misconduct of the councillor; and\nif the application relates to a conduct breach—any previous conduct breach of the councillor; and\nany allegation made in the hearing that—\nwas admitted, or not challenged; and\nthe conduct tribunal is reasonably satisfied is true.\ns 150AQ ins 2018 No. 8 s 12\namd 2019 No. 30 s 89 ; 2023 No. 30 s 119 sch 1\namd 2026 No. 5 s 98 (uncommenced amendment)\n(sec.150AQ-ssec.1) After conducting the hearing, the conduct tribunal must decide— whether or not the councillor has engaged in— if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or if the application relates only to alleged misconduct—misconduct; and if the conduct tribunal decides the councillor has engaged in misconduct or a conduct breach—what action the conduct tribunal will take under section 150AR to discipline the councillor.\n(sec.150AQ-ssec.2) In deciding what action to take, the conduct tribunal may consider— any previous misconduct of the councillor; and if the application relates to a conduct breach—any previous conduct breach of the councillor; and any allegation made in the hearing that— was admitted, or not challenged; and the conduct tribunal is reasonably satisfied is true.\n- (a) whether or not the councillor has engaged in— (i) if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or (ii) if the application relates only to alleged misconduct—misconduct; and\n- (i) if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or\n- (ii) if the application relates only to alleged misconduct—misconduct; and\n- (b) if the conduct tribunal decides the councillor has engaged in misconduct or a conduct breach—what action the conduct tribunal will take under section 150AR to discipline the councillor.\n- (i) if the application relates to alleged misconduct and an alleged conduct breach—misconduct or a conduct breach (or both); or\n- (ii) if the application relates only to alleged misconduct—misconduct; and\n- (a) any previous misconduct of the councillor; and\n- (b) if the application relates to a conduct breach—any previous conduct breach of the councillor; and\n- (c) any allegation made in the hearing that— (i) was admitted, or not challenged; and (ii) the conduct tribunal is reasonably satisfied is true.\n- (i) was admitted, or not challenged; and\n- (ii) the conduct tribunal is reasonably satisfied is true.\n- (i) was admitted, or not challenged; and\n- (ii) the conduct tribunal is reasonably satisfied is true.","sortOrder":306},{"sectionNumber":"sec.150AR","sectionType":"section","heading":"Disciplinary action against councillor","content":"### sec.150AR Disciplinary action against councillor\n\nFor section 150AQ (1) (b) , the conduct tribunal may decide—\nthat no action be taken against the councillor; or\nto make 1 or more of the following orders or recommendations—\nan order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct;\nan order reprimanding the councillor for the conduct;\nan order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor;\nan order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units;\nan order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both);\nan order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term;\nan order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings;\nan order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor;\nThe councillor is ordered to resign from an appointment representing the local government on a State board or committee.\nan order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government;\nan order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government;\na recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office;\nattending council meetings or offices\nrepresenting the council at public functions\na recommendation to the Minister that the councillor be dismissed from office.\nHowever, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has engaged in misconduct and a conduct breach, the conduct tribunal, in deciding what action to take, must have regard to the action a local government could have taken under section 150AH in relation to a conduct breach.\nAlso, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has only engaged in a conduct breach, the conduct tribunal may only take the action a local government could have taken under section 150AH in relation to a conduct breach.\nA recommendation mentioned in subsection (1) (b) (xi) may include a recommendation about the details of the suspension, including, for example, whether the councillor should be remunerated during the period of the suspension.\ns 150AR ins 2018 No. 8 s 12\namd 2019 No. 30 ss 90 , 132 ; 2023 No. 30 s 64\namd 2026 No. 5 s 99 (uncommenced amendment)\n(sec.150AR-ssec.1) For section 150AQ (1) (b) , the conduct tribunal may decide— that no action be taken against the councillor; or to make 1 or more of the following orders or recommendations— an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; an order reprimanding the councillor for the conduct; an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; The councillor is ordered to resign from an appointment representing the local government on a State board or committee. an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; attending council meetings or offices representing the council at public functions a recommendation to the Minister that the councillor be dismissed from office.\n(sec.150AR-ssec.2) However, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has engaged in misconduct and a conduct breach, the conduct tribunal, in deciding what action to take, must have regard to the action a local government could have taken under section 150AH in relation to a conduct breach.\n(sec.150AR-ssec.3) Also, if the conduct tribunal decides under section 150AQ (1) (a) (i) that the councillor has only engaged in a conduct breach, the conduct tribunal may only take the action a local government could have taken under section 150AH in relation to a conduct breach.\n(sec.150AR-ssec.4) A recommendation mentioned in subsection (1) (b) (xi) may include a recommendation about the details of the suspension, including, for example, whether the councillor should be remunerated during the period of the suspension.\n- (a) that no action be taken against the councillor; or\n- (b) to make 1 or more of the following orders or recommendations— (i) an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct; (ii) an order reprimanding the councillor for the conduct; (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor; (iv) an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units; (v) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both); (vi) an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term; (vii) an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings; (viii) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee. (ix) an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government; (x) an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government; (xi) a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; Examples of particular functions— • attending council meetings or offices • representing the council at public functions (xii) a recommendation to the Minister that the councillor be dismissed from office.\n- (i) an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct;\n- (ii) an order reprimanding the councillor for the conduct;\n- (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor;\n- (iv) an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units;\n- (v) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both);\n- (vi) an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term;\n- (vii) an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings;\n- (viii) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee.\n- (ix) an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government;\n- (x) an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government;\n- (xi) a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; Examples of particular functions— • attending council meetings or offices • representing the council at public functions\n- • attending council meetings or offices\n- • representing the council at public functions\n- (xii) a recommendation to the Minister that the councillor be dismissed from office.\n- (i) an order that the councillor make a public apology, in the way decided by the conduct tribunal, for the conduct;\n- (ii) an order reprimanding the councillor for the conduct;\n- (iii) an order that the councillor attend training or counselling to address the councillor’s conduct, including at the expense of the councillor;\n- (iv) an order that the councillor pay to the local government an amount that is not more than the monetary value of 50 penalty units;\n- (v) an order that the councillor reimburse the local government for all or some of the costs arising from the councillor’s misconduct or conduct breach (or both);\n- (vi) an order that the councillor is not to act as the deputy mayor, the chairperson of the council under the City of Brisbane Act 2010 or the chairperson of a committee of the local government for the remainder of the councillor’s term;\n- (vii) an order that the councillor is not to attend a stated number of local government meetings, up to a maximum of 3 meetings;\n- (viii) an order that the councillor is removed, or must resign, from a position representing the local government, other than the office of councillor; Example— The councillor is ordered to resign from an appointment representing the local government on a State board or committee.\n- (ix) an order that the councillor forfeit an allowance, benefit, payment or privilege paid or provided to the councillor by the local government;\n- (x) an order that the councillor is to forfeit, for a stated period, access to equipment or a facility provided to the councillor by the local government;\n- (xi) a recommendation to the Minister that the councillor be suspended from office for a stated period or from performing particular functions of the office; Examples of particular functions— • attending council meetings or offices • representing the council at public functions\n- • attending council meetings or offices\n- • representing the council at public functions\n- (xii) a recommendation to the Minister that the councillor be dismissed from office.\n- • attending council meetings or offices\n- • representing the council at public functions","sortOrder":307},{"sectionNumber":"sec.150AS","sectionType":"section","heading":"Notices and publication of decisions and orders","content":"### sec.150AS Notices and publication of decisions and orders\n\nThis section applies to a decision made by the conduct tribunal—\nunder section 150AQ (1) (a) about whether or not a councillor has engaged in misconduct or a conduct breach (or both); or\nto take action mentioned in section 150AR (1) (b) to discipline the councillor for the misconduct or conduct breach (or both).\nThe conduct tribunal must—\nkeep a written record of the decision and the reasons for the decision; and\ngive a notice that states the decision and reasons for the decision to—\nthe assessor; and\nthe councillor; and\nthe local government; and\nif the conduct tribunal’s decision relates to the conduct of a councillor that was the subject of a complaint and the conduct tribunal has the contact details of the person who made the complaint—the person who made the complaint; and\nthe department’s chief executive; and\ngive a publication notice for the decision to the department’s chief executive.\nA notice about a decision, other than a decision to recommend the councillor’s suspension or dismissal, given to the assessor or councillor under subsection (2) (b) must be a QCAT information notice for the decision.\nAlso, a notice about a decision given to a local government under subsection (2) (b) must include the information about the decision that is required to be included in the councillor conduct register under section 150DY .\nThe conduct tribunal must not give another entity any information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010 , unless giving the information is required or permitted by another Act.\nThe conduct tribunal must include the councillor’s name in a publication notice if the tribunal decided the councillor engaged in—\nfor an application that relates to alleged misconduct and an alleged conduct breach—misconduct or conduct breach (or both); or\nfor an application that relates only to alleged misconduct—misconduct.\nIn this section—\npublication notice , for a decision about a councillor means, a notice mentioned in subsection (2) (b) that has the following removed—\nthe name of the councillor, or information that could reasonably be expected to result in identifying the councillor, unless the councillor agrees or subsection (6) applies in relation to the decision;\nif the conduct was the subject of a complaint—the name of the person who made the complaint;\nthe name of any other person;\ninformation that could reasonably be expected to result in identifying a person mentioned in paragraph (b) or (c) ;\ninformation the conduct tribunal considers is not in the public interest to include in the notice.\ns 150AS ins 2018 No. 8 s 12\namd 2019 No. 30 s 91 ; 2023 No. 30 s 65\namd 2026 No. 5 s 100 (uncommenced amendment)\n(sec.150AS-ssec.1) This section applies to a decision made by the conduct tribunal— under section 150AQ (1) (a) about whether or not a councillor has engaged in misconduct or a conduct breach (or both); or to take action mentioned in section 150AR (1) (b) to discipline the councillor for the misconduct or conduct breach (or both).\n(sec.150AS-ssec.2) The conduct tribunal must— keep a written record of the decision and the reasons for the decision; and give a notice that states the decision and reasons for the decision to— the assessor; and the councillor; and the local government; and if the conduct tribunal’s decision relates to the conduct of a councillor that was the subject of a complaint and the conduct tribunal has the contact details of the person who made the complaint—the person who made the complaint; and the department’s chief executive; and give a publication notice for the decision to the department’s chief executive.\n(sec.150AS-ssec.3) A notice about a decision, other than a decision to recommend the councillor’s suspension or dismissal, given to the assessor or councillor under subsection (2) (b) must be a QCAT information notice for the decision.\n(sec.150AS-ssec.4) Also, a notice about a decision given to a local government under subsection (2) (b) must include the information about the decision that is required to be included in the councillor conduct register under section 150DY .\n(sec.150AS-ssec.5) The conduct tribunal must not give another entity any information that is part of a public interest disclosure under the Public Interest Disclosure Act 2010 , unless giving the information is required or permitted by another Act.\n(sec.150AS-ssec.6) The conduct tribunal must include the councillor’s name in a publication notice if the tribunal decided the councillor engaged in— for an application that relates to alleged misconduct and an alleged conduct breach—misconduct or conduct breach (or both); or for an application that relates only to alleged misconduct—misconduct.\n(sec.150AS-ssec.7) In this section— publication notice , for a decision about a councillor means, a notice mentioned in subsection (2) (b) that has the following removed— the name of the councillor, or information that could reasonably be expected to result in identifying the councillor, unless the councillor agrees or subsection (6) applies in relation to the decision; if the conduct was the subject of a complaint—the name of the person who made the complaint; the name of any other person; information that could reasonably be expected to result in identifying a person mentioned in paragraph (b) or (c) ; information the conduct tribunal considers is not in the public interest to include in the notice.\n- (a) under section 150AQ (1) (a) about whether or not a councillor has engaged in misconduct or a conduct breach (or both); or\n- (b) to take action mentioned in section 150AR (1) (b) to discipline the councillor for the misconduct or conduct breach (or both).\n- (a) keep a written record of the decision and the reasons for the decision; and\n- (b) give a notice that states the decision and reasons for the decision to— (i) the assessor; and (ii) the councillor; and (iii) the local government; and (iv) if the conduct tribunal’s decision relates to the conduct of a councillor that was the subject of a complaint and the conduct tribunal has the contact details of the person who made the complaint—the person who made the complaint; and (v) the department’s chief executive; and\n- (i) the assessor; and\n- (ii) the councillor; and\n- (iii) the local government; and\n- (iv) if the conduct tribunal’s decision relates to the conduct of a councillor that was the subject of a complaint and the conduct tribunal has the contact details of the person who made the complaint—the person who made the complaint; and\n- (v) the department’s chief executive; and\n- (c) give a publication notice for the decision to the department’s chief executive.\n- (i) the assessor; and\n- (ii) the councillor; and\n- (iii) the local government; and\n- (iv) if the conduct tribunal’s decision relates to the conduct of a councillor that was the subject of a complaint and the conduct tribunal has the contact details of the person who made the complaint—the person who made the complaint; and\n- (v) the department’s chief executive; and\n- (a) for an application that relates to alleged misconduct and an alleged conduct breach—misconduct or conduct breach (or both); or\n- (b) for an application that relates only to alleged misconduct—misconduct.\n- (a) the name of the councillor, or information that could reasonably be expected to result in identifying the councillor, unless the councillor agrees or subsection (6) applies in relation to the decision;\n- (b) if the conduct was the subject of a complaint—the name of the person who made the complaint;\n- (c) the name of any other person;\n- (d) information that could reasonably be expected to result in identifying a person mentioned in paragraph (b) or (c) ;\n- (e) information the conduct tribunal considers is not in the public interest to include in the notice.","sortOrder":308},{"sectionNumber":"sec.150AT","sectionType":"section","heading":"Review by QCAT","content":"### sec.150AT Review by QCAT\n\nA person who is entitled under section 150AS (3) to be given a QCAT information notice for a decision of the conduct tribunal may apply to QCAT, as provided under the QCAT Act , for a review of the decision.\ns 150AT ins 2018 No. 8 s 12","sortOrder":309},{"sectionNumber":"sec.150ATA","sectionType":"section","heading":"Parties to a proceeding for review","content":"### sec.150ATA Parties to a proceeding for review\n\nThe parties to a proceeding for a review under section 150AT are—\nthe assessor; and\nthe councillor; and\nany other person mentioned in the QCAT Act, section 40 (1) , other than the conduct tribunal.\ns 150ATA ins 2023 No. 30 s 66\n- (a) the assessor; and\n- (b) the councillor; and\n- (c) any other person mentioned in the QCAT Act, section 40 (1) , other than the conduct tribunal.","sortOrder":310},{"sectionNumber":"sec.150ATB","sectionType":"section","heading":"Assessor must help QCAT","content":"### sec.150ATB Assessor must help QCAT\n\nIn a proceeding for a review under section 150AT —\nthe QCAT Act , section 21 does not apply in relation to the conduct tribunal for the proceeding; and\nthe assessor must use the assessor’s best endeavours to help QCAT so that it can make its decision on the review.\nWithout limiting subsection (1) (b) , the assessor must provide the following to QCAT and the councillor within a reasonable period of not more than 28 days after the application is made under section 150AT —\nthe notice about the decision given to the assessor under section 150AS ;\nany document or thing in the assessor’s possession or control that may be relevant to QCAT’s review of the decision.\nIf QCAT considers there are additional documents or things in the assessor’s possession or control that may be relevant to QCAT’s review of the decision, QCAT may, by written notice, require the assessor to provide the documents or things.\nThe assessor must comply with a notice given under subsection (3) within the period stated in the notice.\nA requirement under this section that the assessor give QCAT information or a document or other thing applies despite any provision in an Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing.\nUnder the QCAT Act , section 66 , QCAT may make an order prohibiting the publication of the information, or the information contained in the document or thing, other than in the way and to the persons stated in the order.\nUnder the QCAT Act , section 90 (2) , QCAT may direct a hearing, or a part of a hearing, in which the information, or information contained in the document or thing, is disclosed to be held in private.\ns 150ATB ins 2023 No. 30 s 66\n(sec.150ATB-ssec.1) In a proceeding for a review under section 150AT — the QCAT Act , section 21 does not apply in relation to the conduct tribunal for the proceeding; and the assessor must use the assessor’s best endeavours to help QCAT so that it can make its decision on the review.\n(sec.150ATB-ssec.2) Without limiting subsection (1) (b) , the assessor must provide the following to QCAT and the councillor within a reasonable period of not more than 28 days after the application is made under section 150AT — the notice about the decision given to the assessor under section 150AS ; any document or thing in the assessor’s possession or control that may be relevant to QCAT’s review of the decision.\n(sec.150ATB-ssec.3) If QCAT considers there are additional documents or things in the assessor’s possession or control that may be relevant to QCAT’s review of the decision, QCAT may, by written notice, require the assessor to provide the documents or things.\n(sec.150ATB-ssec.4) The assessor must comply with a notice given under subsection (3) within the period stated in the notice.\n(sec.150ATB-ssec.5) A requirement under this section that the assessor give QCAT information or a document or other thing applies despite any provision in an Act prohibiting or restricting the disclosure of the information or the information contained in the document or thing. Under the QCAT Act , section 66 , QCAT may make an order prohibiting the publication of the information, or the information contained in the document or thing, other than in the way and to the persons stated in the order. Under the QCAT Act , section 90 (2) , QCAT may direct a hearing, or a part of a hearing, in which the information, or information contained in the document or thing, is disclosed to be held in private.\n- (a) the QCAT Act , section 21 does not apply in relation to the conduct tribunal for the proceeding; and\n- (b) the assessor must use the assessor’s best endeavours to help QCAT so that it can make its decision on the review.\n- (a) the notice about the decision given to the assessor under section 150AS ;\n- (b) any document or thing in the assessor’s possession or control that may be relevant to QCAT’s review of the decision.\n- 1 Under the QCAT Act , section 66 , QCAT may make an order prohibiting the publication of the information, or the information contained in the document or thing, other than in the way and to the persons stated in the order.\n- 2 Under the QCAT Act , section 90 (2) , QCAT may direct a hearing, or a part of a hearing, in which the information, or information contained in the document or thing, is disclosed to be held in private.","sortOrder":311},{"sectionNumber":"ch.5A-pt.3-div.7","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":312},{"sectionNumber":"sec.150AU","sectionType":"section","heading":"Frivolous complaint","content":"### sec.150AU Frivolous complaint\n\nThis section applies to a person who has been given a notice under section 150SE or 150Z that advises the person that if the person makes the same or substantially the same complaint to the assessor again the person commits an offence.\nThe person must not make the same or substantially the same complaint to the assessor again, unless the person has a reasonable excuse.\nMaximum penalty—85 penalty units.\nIn this section—\nmake , a complaint to the assessor, means—\nmake a complaint to the assessor under section 150O ; or\nmake a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor; or\ncause a complaint to be referred to the assessor.\ns 150AU ins 2018 No. 8 s 12\namd 2026 No. 5 s 141 sch 1 pt 1\n(sec.150AU-ssec.1) This section applies to a person who has been given a notice under section 150SE or 150Z that advises the person that if the person makes the same or substantially the same complaint to the assessor again the person commits an offence.\n(sec.150AU-ssec.2) The person must not make the same or substantially the same complaint to the assessor again, unless the person has a reasonable excuse. Maximum penalty—85 penalty units.\n(sec.150AU-ssec.3) In this section— make , a complaint to the assessor, means— make a complaint to the assessor under section 150O ; or make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor; or cause a complaint to be referred to the assessor.\n- (a) make a complaint to the assessor under section 150O ; or\n- (b) make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor; or\n- (c) cause a complaint to be referred to the assessor.","sortOrder":313},{"sectionNumber":"sec.150AV","sectionType":"section","heading":"Other improper complaints","content":"### sec.150AV Other improper complaints\n\nA person must not—\nmake a complaint about the conduct of a councillor to the assessor—\nvexatiously; or\nother than in good faith; or\na complaint made for a mischievous purpose or maliciously\ncounsel or procure another person to make a complaint mentioned in paragraph (a) to the assessor.\nMaximum penalty—85 penalty units.\nIn this section—\nmake , a complaint to the assessor, means—\nmake a complaint to the assessor under section 150O ; or\nmake a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor; or\ncause a complaint to be referred to the assessor.\ns 150AV ins 2018 No. 8 s 12\namd 2019 No. 30 s 92 ; 2023 No. 30 s 119 sch 1\n(sec.150AV-ssec.1) A person must not— make a complaint about the conduct of a councillor to the assessor— vexatiously; or other than in good faith; or a complaint made for a mischievous purpose or maliciously counsel or procure another person to make a complaint mentioned in paragraph (a) to the assessor. Maximum penalty—85 penalty units.\n(sec.150AV-ssec.2) In this section— make , a complaint to the assessor, means— make a complaint to the assessor under section 150O ; or make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor; or cause a complaint to be referred to the assessor.\n- (a) make a complaint about the conduct of a councillor to the assessor— (i) vexatiously; or (ii) other than in good faith; or Examples— a complaint made for a mischievous purpose or maliciously\n- (i) vexatiously; or\n- (ii) other than in good faith; or Examples— a complaint made for a mischievous purpose or maliciously\n- (b) counsel or procure another person to make a complaint mentioned in paragraph (a) to the assessor.\n- (i) vexatiously; or\n- (ii) other than in good faith; or Examples— a complaint made for a mischievous purpose or maliciously\n- (a) make a complaint to the assessor under section 150O ; or\n- (b) make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor; or\n- (c) cause a complaint to be referred to the assessor.","sortOrder":314},{"sectionNumber":"sec.150AW","sectionType":"section","heading":"Protection from reprisal","content":"### sec.150AW Protection from reprisal\n\nA councillor must not take detrimental action against a protected person in reprisal for a complaint or notification about the councillor’s conduct.\nMaximum penalty—167 penalty units or 2 years imprisonment.\nA councillor takes detrimental action in reprisal for a complaint or notification about the councillor’s conduct if—\nthe councillor takes, threatens to take, or attempts to take the action because—\na protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\nthe councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\nthe councillor incites, permits or conspires with another person to take or threaten to take the action for either of those reasons.\nIn determining whether a councillor takes detrimental action in reprisal, it does not matter whether a reason stated in subsection (2) (a) (i) or (ii) is the only or main reason for taking the action, as long as it is a substantial reason.\nAn offence against subsection (1) is an indictable offence that is a misdemeanour.\nIn this section—\nnotification , about a councillor’s conduct, means a notice about the conduct given under section 150R .\nprotected person means—\na councillor; or\na local government employee.\ns 150AW ins 2018 No. 8 s 12\n(sec.150AW-ssec.1) A councillor must not take detrimental action against a protected person in reprisal for a complaint or notification about the councillor’s conduct. Maximum penalty—167 penalty units or 2 years imprisonment.\n(sec.150AW-ssec.2) A councillor takes detrimental action in reprisal for a complaint or notification about the councillor’s conduct if— the councillor takes, threatens to take, or attempts to take the action because— a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or the councillor incites, permits or conspires with another person to take or threaten to take the action for either of those reasons.\n(sec.150AW-ssec.3) In determining whether a councillor takes detrimental action in reprisal, it does not matter whether a reason stated in subsection (2) (a) (i) or (ii) is the only or main reason for taking the action, as long as it is a substantial reason.\n(sec.150AW-ssec.4) An offence against subsection (1) is an indictable offence that is a misdemeanour.\n(sec.150AW-ssec.5) In this section— notification , about a councillor’s conduct, means a notice about the conduct given under section 150R . protected person means— a councillor; or a local government employee.\n- (a) the councillor takes, threatens to take, or attempts to take the action because— (i) a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or (ii) the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\n- (i) a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\n- (ii) the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\n- (b) the councillor incites, permits or conspires with another person to take or threaten to take the action for either of those reasons.\n- (i) a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\n- (ii) the councillor believes a protected person has made, or intends to make, a complaint or notification about the councillor’s conduct; or\n- (a) a councillor; or\n- (b) a local government employee.","sortOrder":315},{"sectionNumber":"ch.5A-pt.3-div.8","sectionType":"division","heading":"Vexatious complainants","content":"## Vexatious complainants","sortOrder":316},{"sectionNumber":"sec.150AWA","sectionType":"section","heading":"Vexatious complainants","content":"### sec.150AWA Vexatious complainants\n\nThe assessor may declare that a person is a vexatious complainant for the period, of not more than 4 years, stated in the declaration.\nThe assessor may make the declaration in relation to a person only if the assessor is satisfied that—\nthe person has repeatedly made complaints under this chapter; and\nat least 3 of the complaints made by the person—\nhave been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or\nhave been made other than in good faith.\nBefore making the declaration, the assessor must—\ngive the person a reasonable opportunity to make a submission about the proposed declaration; and\nconsider any submission made by the person.\nIf the assessor decides to make the declaration, the assessor must give the person an information notice about the decision.\nThe assessor may publish a notice, in the way the assessor considers appropriate, that states—\nthe name of the person; and\nthe person has been declared a vexatious complainant; and\nthe reasons for the declaration; and\nthe day the declaration ends.\nFor subsection (2) (b) (ii) , complaints made other than in good faith include, for example, the following—\ncomplaints made for a mischievous purpose or made maliciously;\ncomplaints that are an abuse of process for making complaints under this chapter;\nmaking a complaint after an avoidable delay for a mischievous purpose\ncomplaints made to harass, annoy or cause detriment;\ncomplaints made on grounds that lack substance or credibility.\nIn this section—\nmake , a complaint to the assessor, means—\nmake a complaint to the assessor under section 150O ; or\nmake a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor.\ns 150AWA ins 2023 No. 30 s 67\n(sec.150AWA-ssec.1) The assessor may declare that a person is a vexatious complainant for the period, of not more than 4 years, stated in the declaration.\n(sec.150AWA-ssec.2) The assessor may make the declaration in relation to a person only if the assessor is satisfied that— the person has repeatedly made complaints under this chapter; and at least 3 of the complaints made by the person— have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or have been made other than in good faith.\n(sec.150AWA-ssec.3) Before making the declaration, the assessor must— give the person a reasonable opportunity to make a submission about the proposed declaration; and consider any submission made by the person.\n(sec.150AWA-ssec.4) If the assessor decides to make the declaration, the assessor must give the person an information notice about the decision.\n(sec.150AWA-ssec.5) The assessor may publish a notice, in the way the assessor considers appropriate, that states— the name of the person; and the person has been declared a vexatious complainant; and the reasons for the declaration; and the day the declaration ends.\n(sec.150AWA-ssec.6) For subsection (2) (b) (ii) , complaints made other than in good faith include, for example, the following— complaints made for a mischievous purpose or made maliciously; complaints that are an abuse of process for making complaints under this chapter; making a complaint after an avoidable delay for a mischievous purpose complaints made to harass, annoy or cause detriment; complaints made on grounds that lack substance or credibility.\n(sec.150AWA-ssec.7) In this section— make , a complaint to the assessor, means— make a complaint to the assessor under section 150O ; or make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor.\n- (a) the person has repeatedly made complaints under this chapter; and\n- (b) at least 3 of the complaints made by the person— (i) have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or (ii) have been made other than in good faith.\n- (i) have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or\n- (ii) have been made other than in good faith.\n- (i) have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or\n- (ii) have been made other than in good faith.\n- (a) give the person a reasonable opportunity to make a submission about the proposed declaration; and\n- (b) consider any submission made by the person.\n- (a) the name of the person; and\n- (b) the person has been declared a vexatious complainant; and\n- (c) the reasons for the declaration; and\n- (d) the day the declaration ends.\n- (a) complaints made for a mischievous purpose or made maliciously;\n- (b) complaints that are an abuse of process for making complaints under this chapter; Example— making a complaint after an avoidable delay for a mischievous purpose\n- (c) complaints made to harass, annoy or cause detriment;\n- (d) complaints made on grounds that lack substance or credibility.\n- (a) make a complaint to the assessor under section 150O ; or\n- (b) make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor.","sortOrder":317},{"sectionNumber":"sec.150AWB","sectionType":"section","heading":"Declaration may be varied or revoked","content":"### sec.150AWB Declaration may be varied or revoked\n\nThe assessor may, for a declaration in effect under section 150AWA , shorten the period for which the declaration is in effect or revoke the declaration.\nAlso, a person the subject of a declaration under section 150AWA may apply to the assessor to shorten the period for which the declaration is in effect or revoke the declaration.\nAs soon as practicable after receiving the application, the assessor must—\ndecide the application; and\ngive the person a notice stating the decision and the reasons for the decision.\nIf the assessor decides to refuse the application, the notice must be an information notice about the decision.\ns 150AWB ins 2023 No. 30 s 67\n(sec.150AWB-ssec.1) The assessor may, for a declaration in effect under section 150AWA , shorten the period for which the declaration is in effect or revoke the declaration.\n(sec.150AWB-ssec.2) Also, a person the subject of a declaration under section 150AWA may apply to the assessor to shorten the period for which the declaration is in effect or revoke the declaration.\n(sec.150AWB-ssec.3) As soon as practicable after receiving the application, the assessor must— decide the application; and give the person a notice stating the decision and the reasons for the decision.\n(sec.150AWB-ssec.4) If the assessor decides to refuse the application, the notice must be an information notice about the decision.\n- (a) decide the application; and\n- (b) give the person a notice stating the decision and the reasons for the decision.","sortOrder":318},{"sectionNumber":"sec.150AWC","sectionType":"section","heading":"Application for permission to make a complaint","content":"### sec.150AWC Application for permission to make a complaint\n\nA person the subject of a declaration under section 150AWA may apply to the assessor for permission to make a complaint.\nAs soon as practicable after receiving the application, the assessor must—\ndecide the application; and\ngive the person a notice stating the decision and the reasons for the decision.\nIf the assessor decides to refuse the application, the notice must be an information notice about the decision.\ns 150AWC ins 2023 No. 30 s 67\n(sec.150AWC-ssec.1) A person the subject of a declaration under section 150AWA may apply to the assessor for permission to make a complaint.\n(sec.150AWC-ssec.2) As soon as practicable after receiving the application, the assessor must— decide the application; and give the person a notice stating the decision and the reasons for the decision.\n(sec.150AWC-ssec.3) If the assessor decides to refuse the application, the notice must be an information notice about the decision.\n- (a) decide the application; and\n- (b) give the person a notice stating the decision and the reasons for the decision.","sortOrder":319},{"sectionNumber":"ch.5A-pt.4","sectionType":"part","heading":"Investigation and enforcement powers","content":"# Investigation and enforcement powers","sortOrder":320},{"sectionNumber":"ch.5A-pt.4-div.1","sectionType":"division","heading":"General provisions about investigators","content":"## General provisions about investigators","sortOrder":321},{"sectionNumber":"sec.150AX","sectionType":"section","heading":"Investigators","content":"### sec.150AX Investigators\n\nThis part provides for the appointment of investigators and gives investigators particular powers.\nThe purpose of this part is to ensure the assessor has appropriately qualified persons available to help the assessor perform the assessor’s functions under this chapter.\ns 150AX ins 2018 No. 8 s 12\n(sec.150AX-ssec.1) This part provides for the appointment of investigators and gives investigators particular powers.\n(sec.150AX-ssec.2) The purpose of this part is to ensure the assessor has appropriately qualified persons available to help the assessor perform the assessor’s functions under this chapter.","sortOrder":322},{"sectionNumber":"sec.150AY","sectionType":"section","heading":"Functions of investigators","content":"### sec.150AY Functions of investigators\n\nAn investigator has the following functions—\nto investigate the conduct of councillors under part 3 as directed by the assessor;\nto investigate whether an offence has been committed against any of the following provisions (each a conduct provision )—\nsection 150R (3) , 150AU , 150AV , 150AW , 150BW , 150CA , 150CB , 150CI , 150CJ (3) or 150CK (5)\nsection 150EM (2) , 150ES (5) , 150EY , 171 (1) , 201D or 201F (2) or (3)\nsection 233A or 233B to the extent the offence involves obstructing or impersonating the assessor, an investigator or a member of the conduct tribunal\nthe City of Brisbane Act 2010 , section 173 (1) , 177J (2) , 177P (5) , 177V , 198D or 198F (2) or (3)\nsection 234 to the extent the offence involves giving information to the assessor, a staff member of the Office of the Independent Assessor, an investigator or a member of the conduct tribunal;\nto enforce compliance with the conduct provisions;\nto investigate whether an occasion has arisen for the exercise of powers in relation to a conduct provision.\ns 150AY ins 2018 No. 8 s 12\namd 2018 No. 9 s 26B ; 2019 No. 30 ss 93 , 133 ; 2020 No. 20 s 103\namd 2026 No. 5 s 101 (uncommenced amendment)\n- (a) to investigate the conduct of councillors under part 3 as directed by the assessor;\n- (b) to investigate whether an offence has been committed against any of the following provisions (each a conduct provision )— • section 150R (3) , 150AU , 150AV , 150AW , 150BW , 150CA , 150CB , 150CI , 150CJ (3) or 150CK (5) • section 150EM (2) , 150ES (5) , 150EY , 171 (1) , 201D or 201F (2) or (3) • section 233A or 233B to the extent the offence involves obstructing or impersonating the assessor, an investigator or a member of the conduct tribunal • the City of Brisbane Act 2010 , section 173 (1) , 177J (2) , 177P (5) , 177V , 198D or 198F (2) or (3) • section 234 to the extent the offence involves giving information to the assessor, a staff member of the Office of the Independent Assessor, an investigator or a member of the conduct tribunal;\n- • section 150R (3) , 150AU , 150AV , 150AW , 150BW , 150CA , 150CB , 150CI , 150CJ (3) or 150CK (5)\n- • section 150EM (2) , 150ES (5) , 150EY , 171 (1) , 201D or 201F (2) or (3)\n- • section 233A or 233B to the extent the offence involves obstructing or impersonating the assessor, an investigator or a member of the conduct tribunal\n- • the City of Brisbane Act 2010 , section 173 (1) , 177J (2) , 177P (5) , 177V , 198D or 198F (2) or (3)\n- • section 234 to the extent the offence involves giving information to the assessor, a staff member of the Office of the Independent Assessor, an investigator or a member of the conduct tribunal;\n- (c) to enforce compliance with the conduct provisions;\n- (d) to investigate whether an occasion has arisen for the exercise of powers in relation to a conduct provision.\n- • section 150R (3) , 150AU , 150AV , 150AW , 150BW , 150CA , 150CB , 150CI , 150CJ (3) or 150CK (5)\n- • section 150EM (2) , 150ES (5) , 150EY , 171 (1) , 201D or 201F (2) or (3)\n- • section 233A or 233B to the extent the offence involves obstructing or impersonating the assessor, an investigator or a member of the conduct tribunal\n- • the City of Brisbane Act 2010 , section 173 (1) , 177J (2) , 177P (5) , 177V , 198D or 198F (2) or (3)\n- • section 234 to the extent the offence involves giving information to the assessor, a staff member of the Office of the Independent Assessor, an investigator or a member of the conduct tribunal;","sortOrder":323},{"sectionNumber":"sec.150AZ","sectionType":"section","heading":"Assessor is an investigator","content":"### sec.150AZ Assessor is an investigator\n\nThe assessor is an investigator for this part.\nHowever, sections 150BB and 150BC do not apply to the assessor.\ns 150AZ ins 2018 No. 8 s 12\n(sec.150AZ-ssec.1) The assessor is an investigator for this part.\n(sec.150AZ-ssec.2) However, sections 150BB and 150BC do not apply to the assessor.","sortOrder":324},{"sectionNumber":"sec.150BA","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.150BA Appointment and qualifications\n\nThe assessor may, by instrument in writing, appoint any of the following persons as investigators—\na staff member of the Office of the Independent Assessor;\na public service employee;\nanother person prescribed by regulation.\nHowever, the assessor may appoint a person as an investigator only if the assessor is satisfied the person is appropriately qualified.\ns 150BA ins 2018 No. 8 s 12\n(sec.150BA-ssec.1) The assessor may, by instrument in writing, appoint any of the following persons as investigators— a staff member of the Office of the Independent Assessor; a public service employee; another person prescribed by regulation.\n(sec.150BA-ssec.2) However, the assessor may appoint a person as an investigator only if the assessor is satisfied the person is appropriately qualified.\n- (a) a staff member of the Office of the Independent Assessor;\n- (b) a public service employee;\n- (c) another person prescribed by regulation.","sortOrder":325},{"sectionNumber":"sec.150BB","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.150BB Appointment conditions and limit on powers\n\nAn investigator holds office on the conditions stated in—\nthe investigator’s instrument of appointment; or\na signed notice given to the investigator; or\na regulation.\nThe instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers.\nIn this section—\nsigned notice means a notice signed by the assessor.\ns 150BB ins 2018 No. 8 s 12\n(sec.150BB-ssec.1) An investigator holds office on the conditions stated in— the investigator’s instrument of appointment; or a signed notice given to the investigator; or a regulation.\n(sec.150BB-ssec.2) The instrument of appointment, a signed notice given to the investigator or a regulation may limit the investigator’s powers.\n(sec.150BB-ssec.3) In this section— signed notice means a notice signed by the assessor.\n- (a) the investigator’s instrument of appointment; or\n- (b) a signed notice given to the investigator; or\n- (c) a regulation.","sortOrder":326},{"sectionNumber":"sec.150BC","sectionType":"section","heading":"When office ends","content":"### sec.150BC When office ends\n\nThe office of a person as an investigator ends if—\nthe term of office stated in a condition of office ends; or\nunder another condition of office, the office ends; or\nthe investigator resigns by signed notice given to the assessor.\nSubsection (1) does not limit the ways the office of a person as an investigator ends.\nIn this section—\ncondition of office means a condition under which the investigator holds office.\ns 150BC ins 2018 No. 8 s 12\n(sec.150BC-ssec.1) The office of a person as an investigator ends if— the term of office stated in a condition of office ends; or under another condition of office, the office ends; or the investigator resigns by signed notice given to the assessor.\n(sec.150BC-ssec.2) Subsection (1) does not limit the ways the office of a person as an investigator ends.\n(sec.150BC-ssec.3) In this section— condition of office means a condition under which the investigator holds office.\n- (a) the term of office stated in a condition of office ends; or\n- (b) under another condition of office, the office ends; or\n- (c) the investigator resigns by signed notice given to the assessor.","sortOrder":327},{"sectionNumber":"sec.150BD","sectionType":"section","heading":"Issue of identity card","content":"### sec.150BD Issue of identity card\n\nThe assessor must issue an identity card to each investigator.\nThis section does not prevent the issue of a single identity card to a person for this chapter and other purposes.\ns 150BD ins 2018 No. 8 s 12\n(sec.150BD-ssec.1) The assessor must issue an identity card to each investigator.\n(sec.150BD-ssec.2) This section does not prevent the issue of a single identity card to a person for this chapter and other purposes.","sortOrder":328},{"sectionNumber":"sec.150BE","sectionType":"section","heading":"Production or display of identity card","content":"### sec.150BE Production or display of identity card\n\nIn exercising a power in relation to a person in the person’s presence, an investigator must—\nproduce the investigator’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 150BI (1) (b) .\ns 150BE ins 2018 No. 8 s 12\n(sec.150BE-ssec.1) In exercising a power in relation to a person in the person’s presence, an investigator must— produce the investigator’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.150BE-ssec.2) However, if it is not practicable to comply with subsection (1) , the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.150BE-ssec.3) For subsection (1) , an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 150BI (1) (b) .\n- (a) produce the investigator’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":329},{"sectionNumber":"sec.150BF","sectionType":"section","heading":"Return of identity card","content":"### sec.150BF Return of identity card\n\nIf the office of a person as an investigator ends, the person must return the person’s identity card to the assessor within 21 days after the office ends, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 150BF ins 2018 No. 8 s 12","sortOrder":330},{"sectionNumber":"sec.150BG","sectionType":"section","heading":"References to exercise of powers","content":"### sec.150BG References to exercise of powers\n\nThis section applies if—\na provision of this chapter refers to the exercise of a power by an investigator; and\nthere is no reference to a specific power.\nThe reference is to the exercise of all or any investigators’ powers under this part or a warrant, to the extent the powers are relevant.\ns 150BG ins 2018 No. 8 s 12\n(sec.150BG-ssec.1) This section applies if— a provision of this chapter refers to the exercise of a power by an investigator; and there is no reference to a specific power.\n(sec.150BG-ssec.2) The reference is to the exercise of all or any investigators’ powers under this part or a warrant, to the extent the powers are relevant.\n- (a) a provision of this chapter refers to the exercise of a power by an investigator; and\n- (b) there is no reference to a specific power.","sortOrder":331},{"sectionNumber":"sec.150BH","sectionType":"section","heading":"Reference to document includes reference to reproductions from electronic document","content":"### sec.150BH Reference to document includes reference to reproductions from electronic document\n\nA reference in this part to a document includes a reference to an image or writing—\nproduced from an electronic document; or\nnot yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.\ns 150BH ins 2018 No. 8 s 12\n- (a) produced from an electronic document; or\n- (b) not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.","sortOrder":332},{"sectionNumber":"ch.5A-pt.4-div.2","sectionType":"division","heading":"Entry of places by investigators","content":"## Entry of places by investigators","sortOrder":333},{"sectionNumber":"sec.150BI","sectionType":"section","heading":"General power to enter places","content":"### sec.150BI General power to enter places\n\nAn investigator may enter a place if—\nan occupier at the place consents under subdivision 2 to the entry and section 150BL has been complied with for the occupier; or\nit is a public place and the entry is made when the place is open to the public; or\nthe entry is authorised under a warrant and, if there is an occupier of the place, section 150BS has been complied with for the occupier.\nIf the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\nIf the power to enter is under a warrant, the power is subject to the terms of the warrant.\nIn this section—\npublic place means a place, or part of a place—\nthat the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or\na beach, a park, a road\nthe occupier of which allows, whether or not on payment of money, members of the public to enter.\na saleyard, a showground\ns 150BI ins 2018 No. 8 s 12\n(sec.150BI-ssec.1) An investigator may enter a place if— an occupier at the place consents under subdivision 2 to the entry and section 150BL has been complied with for the occupier; or it is a public place and the entry is made when the place is open to the public; or the entry is authorised under a warrant and, if there is an occupier of the place, section 150BS has been complied with for the occupier.\n(sec.150BI-ssec.2) If the power to enter arose only because an occupier of the place consented to the entry, the power is subject to any conditions of the consent and ceases if the consent is withdrawn.\n(sec.150BI-ssec.3) If the power to enter is under a warrant, the power is subject to the terms of the warrant.\n(sec.150BI-ssec.4) In this section— public place means a place, or part of a place— that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or a beach, a park, a road the occupier of which allows, whether or not on payment of money, members of the public to enter. a saleyard, a showground\n- (a) an occupier at the place consents under subdivision 2 to the entry and section 150BL has been complied with for the occupier; or\n- (b) it is a public place and the entry is made when the place is open to the public; or\n- (c) the entry is authorised under a warrant and, if there is an occupier of the place, section 150BS has been complied with for the occupier.\n- (a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or Examples of a place that may be a public place under paragraph (a) — a beach, a park, a road\n- (b) the occupier of which allows, whether or not on payment of money, members of the public to enter. Examples of a place that may be a public place under paragraph (b) — a saleyard, a showground","sortOrder":334},{"sectionNumber":"sec.150BJ","sectionType":"section","heading":"Application of subdivision","content":"### sec.150BJ Application of subdivision\n\nThis subdivision applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 150BI (1) (a) .\ns 150BJ ins 2018 No. 8 s 12","sortOrder":335},{"sectionNumber":"sec.150BK","sectionType":"section","heading":"Incidental entry to ask for access","content":"### sec.150BK Incidental entry to ask for access\n\nFor the purpose of asking the occupier for the consent, an investigator may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.\ns 150BK ins 2018 No. 8 s 12\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.","sortOrder":336},{"sectionNumber":"sec.150BL","sectionType":"section","heading":"Matters investigator must tell occupier","content":"### sec.150BL Matters investigator must tell occupier\n\nBefore asking for the consent, the investigator must—\nexplain to the occupier the purpose of the entry, including the powers intended to be exercised; and\ntell the occupier that—\nthe occupier is not required to consent; and\nthe consent may be given subject to conditions and may be withdrawn at any time.\ns 150BL ins 2018 No. 8 s 12\n- (a) explain to the occupier the purpose of the entry, including the powers intended to be exercised; and\n- (b) tell the occupier that— (i) the occupier is not required to consent; and (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.\n- (i) the occupier is not required to consent; and\n- (ii) the consent may be given subject to conditions and may be withdrawn at any time.","sortOrder":337},{"sectionNumber":"sec.150BM","sectionType":"section","heading":"Consent acknowledgement","content":"### sec.150BM Consent acknowledgement\n\nIf the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe purpose of the entry, including the powers to be exercised; and\nthat the occupier has been given an explanation about the purpose of the entry, including the powers to be exercised; and\nthat the occupier has been told—\nthat the occupier is not required to consent; and\nthat the consent may be given subject to conditions and may be withdrawn at any time; and\nthat the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and\nthe day and time the consent was given; and\nany conditions of the consent.\nIf the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\na signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\ns 150BM ins 2018 No. 8 s 12\n(sec.150BM-ssec.1) If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.\n(sec.150BM-ssec.2) The acknowledgement must state— the purpose of the entry, including the powers to be exercised; and that the occupier has been given an explanation about the purpose of the entry, including the powers to be exercised; and that the occupier has been told— that the occupier is not required to consent; and that the consent may be given subject to conditions and may be withdrawn at any time; and that the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and the day and time the consent was given; and any conditions of the consent.\n(sec.150BM-ssec.3) If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.\n(sec.150BM-ssec.4) If— an issue arises in a proceeding about whether the occupier consented to the entry; and a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n- (a) the purpose of the entry, including the powers to be exercised; and\n- (b) that the occupier has been given an explanation about the purpose of the entry, including the powers to be exercised; and\n- (c) that the occupier has been told— (i) that the occupier is not required to consent; and (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (d) that the occupier gives the investigator or another investigator consent to enter the place and exercise the powers; and\n- (e) the day and time the consent was given; and\n- (f) any conditions of the consent.\n- (i) that the occupier is not required to consent; and\n- (ii) that the consent may be given subject to conditions and may be withdrawn at any time; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) a signed acknowledgement complying with subsection (2) for the entry is not produced in evidence;","sortOrder":338},{"sectionNumber":"sec.150BN","sectionType":"section","heading":"Application for warrant","content":"### sec.150BN Application for warrant\n\nAn investigator may apply to a magistrate for a warrant for a place.\nThe investigator must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\ns 150BN ins 2018 No. 8 s 12\n(sec.150BN-ssec.1) An investigator may apply to a magistrate for a warrant for a place.\n(sec.150BN-ssec.2) The investigator must prepare a written application that states the grounds on which the warrant is sought.\n(sec.150BN-ssec.3) The written application must be sworn.\n(sec.150BN-ssec.4) The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":339},{"sectionNumber":"sec.150BO","sectionType":"section","heading":"Issue of warrant","content":"### sec.150BO Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that a particular thing or activity that may provide evidence of an offence against a conduct provision—\nis at the place; or\nwill be at the place within the next 7 days.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated investigator may with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the investigator’s powers; and\nparticulars of the offence that the magistrate considers appropriate; and\nthe name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe day and time of the warrant’s issue; and\nthe day, within 14 days after the warrant’s issue, the warrant ends.\ns 150BO ins 2018 No. 8 s 12\n(sec.150BO-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting that a particular thing or activity that may provide evidence of an offence against a conduct provision— is at the place; or will be at the place within the next 7 days.\n(sec.150BO-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated investigator may with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the investigator’s powers; and particulars of the offence that the magistrate considers appropriate; and the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the day and time of the warrant’s issue; and the day, within 14 days after the warrant’s issue, the warrant ends.\n- (a) is at the place; or\n- (b) will be at the place within the next 7 days.\n- (a) the place to which the warrant applies; and\n- (b) that a stated investigator may with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the investigator’s powers; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the investigator’s powers; and\n- (c) particulars of the offence that the magistrate considers appropriate; and\n- (d) the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the day and time of the warrant’s issue; and\n- (i) the day, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the investigator’s powers; and","sortOrder":340},{"sectionNumber":"sec.150BP","sectionType":"section","heading":"Electronic application","content":"### sec.150BP Electronic application\n\nAn application under section 150BN may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the investigator reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the investigator’s remote location.\nThe application—\nmay not be made before the investigator prepares the written application under section 150BN (2) ; but\nmay be made before the written application is sworn.\ns 150BP ins 2018 No. 8 s 12\n(sec.150BP-ssec.1) An application under section 150BN may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the investigator reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the investigator’s remote location.\n(sec.150BP-ssec.2) The application— may not be made before the investigator prepares the written application under section 150BN (2) ; but may be made before the written application is sworn.\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the investigator’s remote location.\n- (a) may not be made before the investigator prepares the written application under section 150BN (2) ; but\n- (b) may be made before the written application is sworn.","sortOrder":341},{"sectionNumber":"sec.150BQ","sectionType":"section","heading":"Additional procedure if electronic application","content":"### sec.150BQ Additional procedure if electronic application\n\nFor an application made under section 150BP , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under section 150BP ; and\nthe way the application was made under section 150BP was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\notherwise—\nthe magistrate must tell the investigator the information mentioned in section 150BO (2) ; and\nthe investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate.\nThe copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe investigator must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 150BN (2) and (3) ; and\nif the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.\nDespite subsection (3) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 150BN .\ns 150BQ ins 2018 No. 8 s 12\n(sec.150BQ-ssec.1) For an application made under section 150BP , the magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under section 150BP ; and the way the application was made under section 150BP was appropriate.\n(sec.150BQ-ssec.2) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or otherwise— the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate.\n(sec.150BQ-ssec.3) The copy of the warrant mentioned in subsection (2) (a) , or the form of warrant completed under subsection (2) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.150BQ-ssec.4) The investigator must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 150BN (2) and (3) ; and if the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n(sec.150BQ-ssec.5) Despite subsection (3) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.150BQ-ssec.6) This section does not limit section 150BN .\n- (a) it was necessary to make the application under section 150BP ; and\n- (b) the way the application was made under section 150BP was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the investigator, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the investigator; or\n- (b) otherwise— (i) the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate.\n- (i) the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and\n- (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate.\n- (i) the magistrate must tell the investigator the information mentioned in section 150BO (2) ; and\n- (ii) the investigator must complete a form of warrant, including by writing on it the information mentioned in section 150BO (2) provided by the magistrate.\n- (a) the written application complying with section 150BN (2) and (3) ; and\n- (b) if the investigator completed a form of warrant under subsection (2) (b) , the completed form of warrant.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":342},{"sectionNumber":"sec.150BR","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.150BR Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in—\nthe warrant; or\ncompliance with this subdivision;\nunless the defect affects the substance of the warrant in a material particular.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 150BQ (3) .\ns 150BR ins 2018 No. 8 s 12\n(sec.150BR-ssec.1) A warrant is not invalidated by a defect in— the warrant; or compliance with this subdivision; unless the defect affects the substance of the warrant in a material particular.\n(sec.150BR-ssec.2) In this section— warrant includes a duplicate warrant mentioned in section 150BQ (3) .\n- (a) the warrant; or\n- (b) compliance with this subdivision;","sortOrder":343},{"sectionNumber":"sec.150BS","sectionType":"section","heading":"Entry procedure","content":"### sec.150BS Entry procedure\n\nThis section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\nBefore entering the place, the investigator must do or make a reasonable attempt to do the following things—\nidentify himself or herself to a person who is an occupier of the place and is present by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\ngive the person a copy of the warrant;\ntell the person the investigator is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the investigator immediate entry to the place without using force.\nHowever, the investigator need not comply with subsection (2) if the investigator reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\nIn this section—\nwarrant includes a duplicate warrant mentioned in section 150BQ (3) .\ns 150BS ins 2018 No. 8 s 12\n(sec.150BS-ssec.1) This section applies if an investigator named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\n(sec.150BS-ssec.2) Before entering the place, the investigator must do or make a reasonable attempt to do the following things— identify himself or herself to a person who is an occupier of the place and is present by producing the investigator’s identity card or another document evidencing the investigator’s appointment; give the person a copy of the warrant; tell the person the investigator is permitted by the warrant to enter the place; give the person an opportunity to allow the investigator immediate entry to the place without using force.\n(sec.150BS-ssec.3) However, the investigator need not comply with subsection (2) if the investigator reasonably believes that entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.\n(sec.150BS-ssec.4) In this section— warrant includes a duplicate warrant mentioned in section 150BQ (3) .\n- (a) identify himself or herself to a person who is an occupier of the place and is present by producing the investigator’s identity card or another document evidencing the investigator’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the investigator is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the investigator immediate entry to the place without using force.","sortOrder":344},{"sectionNumber":"ch.5A-pt.4-div.3","sectionType":"division","heading":"General powers of investigators after entering places","content":"## General powers of investigators after entering places","sortOrder":345},{"sectionNumber":"sec.150BT","sectionType":"section","heading":"Application of division","content":"### sec.150BT Application of division\n\nThe powers under this division may be exercised if an investigator enters a place under section 150BI (1) .\nHowever, if the investigator enters under section 150BI (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.\ns 150BT ins 2018 No. 8 s 12\n(sec.150BT-ssec.1) The powers under this division may be exercised if an investigator enters a place under section 150BI (1) .\n(sec.150BT-ssec.2) However, if the investigator enters under section 150BI (1) (a) or (c) , the powers under this division are subject to any conditions of the consent or terms of the warrant.","sortOrder":346},{"sectionNumber":"sec.150BU","sectionType":"section","heading":"General powers","content":"### sec.150BU General powers\n\nThe investigator may do any of the following (each a general power )—\nsearch any part of the place;\ninspect, examine or film any part of the place or anything at the place;\ntake for examination a thing, or a sample of or from a thing, at the place;\nplace an identifying mark in or on anything at the place;\ntake an extract from, or copy, a document at the place, or take the document to another place to copy;\nproduce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\ntake to, into or onto the place and use any person, equipment and materials the investigator reasonably requires for exercising the investigator’s powers under this chapter;\nremain at the place for the time necessary to achieve the purpose of the entry.\nThe investigator may take a necessary step to allow the exercise of a general power.\nIf the investigator takes a document from the place to copy it, the investigator must copy the document and return it to the place as soon as practicable.\nIf the investigator takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the investigator must produce the document and return the article or device to the place as soon as practicable.\nIn this section—\nexamine includes analyse, test, account, measure, weigh, grade, gauge and identify.\nfilm includes photograph, videotape and record an image in another way.\ninspect , a thing, includes open the thing and examine its contents.\ns 150BU ins 2018 No. 8 s 12\n(sec.150BU-ssec.1) The investigator may do any of the following (each a general power )— search any part of the place; inspect, examine or film any part of the place or anything at the place; take for examination a thing, or a sample of or from a thing, at the place; place an identifying mark in or on anything at the place; take an extract from, or copy, a document at the place, or take the document to another place to copy; produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing; take to, into or onto the place and use any person, equipment and materials the investigator reasonably requires for exercising the investigator’s powers under this chapter; remain at the place for the time necessary to achieve the purpose of the entry.\n(sec.150BU-ssec.2) The investigator may take a necessary step to allow the exercise of a general power.\n(sec.150BU-ssec.3) If the investigator takes a document from the place to copy it, the investigator must copy the document and return it to the place as soon as practicable.\n(sec.150BU-ssec.4) If the investigator takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the investigator must produce the document and return the article or device to the place as soon as practicable.\n(sec.150BU-ssec.5) In this section— examine includes analyse, test, account, measure, weigh, grade, gauge and identify. film includes photograph, videotape and record an image in another way. inspect , a thing, includes open the thing and examine its contents.\n- (a) search any part of the place;\n- (b) inspect, examine or film any part of the place or anything at the place;\n- (c) take for examination a thing, or a sample of or from a thing, at the place;\n- (d) place an identifying mark in or on anything at the place;\n- (e) take an extract from, or copy, a document at the place, or take the document to another place to copy;\n- (f) produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;\n- (g) take to, into or onto the place and use any person, equipment and materials the investigator reasonably requires for exercising the investigator’s powers under this chapter;\n- (h) remain at the place for the time necessary to achieve the purpose of the entry.","sortOrder":347},{"sectionNumber":"sec.150BV","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.150BV Power to require reasonable help\n\nThe investigator may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the investigator reasonable help to exercise a general power, including, for example, to produce a document or to give information.\nWhen making the help requirement, the investigator must give the person an offence warning for the requirement.\ns 150BV ins 2018 No. 8 s 12\n(sec.150BV-ssec.1) The investigator may make a requirement (a help requirement ) of an occupier of the place or a person at the place to give the investigator reasonable help to exercise a general power, including, for example, to produce a document or to give information.\n(sec.150BV-ssec.2) When making the help requirement, the investigator must give the person an offence warning for the requirement.","sortOrder":348},{"sectionNumber":"sec.150BW","sectionType":"section","heading":"Offence to contravene help requirement","content":"### sec.150BW Offence to contravene help requirement\n\nA person of whom a help requirement has been made must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.\ns 150BW ins 2018 No. 8 s 12\n(sec.150BW-ssec.1) A person of whom a help requirement has been made must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.150BW-ssec.2) It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":349},{"sectionNumber":"ch.5A-pt.4-div.4","sectionType":"division","heading":"Seizure by investigators","content":"## Seizure by investigators","sortOrder":350},{"sectionNumber":"sec.150BX","sectionType":"section","heading":"Seizing evidence at a place that may be entered only with consent or warrant","content":"### sec.150BX Seizing evidence at a place that may be entered only with consent or warrant\n\nThis section applies if—\nan investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\nthe investigator enters the place after obtaining the consent or under a warrant.\nIf the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if—\nthe investigator reasonably believes the thing is evidence of an offence against a conduct provision; and\nseizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\nIf the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.\nThe investigator may also seize anything else at the place if the investigator reasonably believes—\nthe thing is evidence of an offence against a conduct provision; and\nthe seizure is necessary to prevent the thing being hidden, lost or destroyed.\ns 150BX ins 2018 No. 8 s 12\n(sec.150BX-ssec.1) This section applies if— an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and the investigator enters the place after obtaining the consent or under a warrant.\n(sec.150BX-ssec.2) If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place only if— the investigator reasonably believes the thing is evidence of an offence against a conduct provision; and seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n(sec.150BX-ssec.3) If the investigator enters the place under a warrant, the investigator may seize the evidence for which the warrant was issued.\n(sec.150BX-ssec.4) The investigator may also seize anything else at the place if the investigator reasonably believes— the thing is evidence of an offence against a conduct provision; and the seizure is necessary to prevent the thing being hidden, lost or destroyed.\n- (a) an investigator is authorised to enter a place only with the consent of an occupier of the place or a warrant; and\n- (b) the investigator enters the place after obtaining the consent or under a warrant.\n- (a) the investigator reasonably believes the thing is evidence of an offence against a conduct provision; and\n- (b) seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.\n- (a) the thing is evidence of an offence against a conduct provision; and\n- (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed.","sortOrder":351},{"sectionNumber":"sec.150BY","sectionType":"section","heading":"Seizure of property subject to security","content":"### sec.150BY Seizure of property subject to security\n\nAn investigator may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\nHowever, the seizure does not affect the other person’s claim to the lien or other security against a person other than the investigator or a person acting under the direction or authority of the investigator.\ns 150BY ins 2018 No. 8 s 12\n(sec.150BY-ssec.1) An investigator may seize a thing, and exercise powers relating to the thing, despite a lien or other security over the thing claimed by another person.\n(sec.150BY-ssec.2) However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the investigator or a person acting under the direction or authority of the investigator.","sortOrder":352},{"sectionNumber":"sec.150BZ","sectionType":"section","heading":"Power to secure seized thing","content":"### sec.150BZ Power to secure seized thing\n\nHaving seized a thing under this division, an investigator may—\nleave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\nmove it from the place of seizure.\nFor subsection (1) (a) , the investigator may, for example—\nseal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\nfor equipment—make it inoperable; or\nmake it inoperable by dismantling it or removing a component without which the equipment can not be used\nrequire a person the investigator reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) .\nWhen making a requirement of a person under subsection (2) (c) , the investigator must give the person an offence warning for the requirement.\ns 150BZ ins 2018 No. 8 s 12\n(sec.150BZ-ssec.1) Having seized a thing under this division, an investigator may— leave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or move it from the place of seizure.\n(sec.150BZ-ssec.2) For subsection (1) (a) , the investigator may, for example— seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or for equipment—make it inoperable; or make it inoperable by dismantling it or removing a component without which the equipment can not be used require a person the investigator reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) .\n(sec.150BZ-ssec.3) When making a requirement of a person under subsection (2) (c) , the investigator must give the person an offence warning for the requirement.\n- (a) leave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or\n- (b) move it from the place of seizure.\n- (a) seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or\n- (b) for equipment—make it inoperable; or Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used\n- (c) require a person the investigator reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an investigator could do under subsection (1) (a) .","sortOrder":353},{"sectionNumber":"sec.150CA","sectionType":"section","heading":"Offence to contravene seizure requirement","content":"### sec.150CA Offence to contravene seizure requirement\n\nA person must comply with a requirement made of the person under section 150BZ (2) (c) , unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 150CA ins 2018 No. 8 s 12","sortOrder":354},{"sectionNumber":"sec.150CB","sectionType":"section","heading":"Offence to interfere","content":"### sec.150CB Offence to interfere\n\nIf access to a seized thing is restricted under section 150BZ , a person must not tamper with the thing or with anything used to restrict access to the thing without—\nan investigator’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\nIf access to a place is restricted under section 150BZ , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—\nan investigator’s approval; or\na reasonable excuse.\nMaximum penalty—50 penalty units.\ns 150CB ins 2018 No. 8 s 12\n(sec.150CB-ssec.1) If access to a seized thing is restricted under section 150BZ , a person must not tamper with the thing or with anything used to restrict access to the thing without— an investigator’s approval; or a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.150CB-ssec.2) If access to a place is restricted under section 150BZ , a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— an investigator’s approval; or a reasonable excuse. Maximum penalty—50 penalty units. s 150CB ins 2018 No. 8 s 12\n- (a) an investigator’s approval; or\n- (b) a reasonable excuse.\n- (a) an investigator’s approval; or\n- (b) a reasonable excuse.","sortOrder":355},{"sectionNumber":"sec.150CC","sectionType":"section","heading":"Receipt and information notice for seized thing","content":"### sec.150CC Receipt and information notice for seized thing\n\nThis section applies if an investigator seizes anything under this division, unless—\nthe investigator reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\nbecause of the condition, nature and value of the thing it would be unreasonable to require the investigator to comply with this section.\nThe investigator must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—\na receipt for the thing that generally describes the thing and its condition; and\nan information notice about the decision to seize it.\nHowever, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\nThe receipt and information notice may—\nbe given in the same document; and\nrelate to more than 1 seized thing.\nThe investigator may delay giving the receipt and information notice if the investigator reasonably suspects giving them may frustrate or otherwise hinder an investigation by the investigator under this chapter.\nHowever, the delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep the place under observation.\ns 150CC ins 2018 No. 8 s 12\n(sec.150CC-ssec.1) This section applies if an investigator seizes anything under this division, unless— the investigator reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or because of the condition, nature and value of the thing it would be unreasonable to require the investigator to comply with this section.\n(sec.150CC-ssec.2) The investigator must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized— a receipt for the thing that generally describes the thing and its condition; and an information notice about the decision to seize it.\n(sec.150CC-ssec.3) However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.\n(sec.150CC-ssec.4) The receipt and information notice may— be given in the same document; and relate to more than 1 seized thing.\n(sec.150CC-ssec.5) The investigator may delay giving the receipt and information notice if the investigator reasonably suspects giving them may frustrate or otherwise hinder an investigation by the investigator under this chapter.\n(sec.150CC-ssec.6) However, the delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep the place under observation.\n- (a) the investigator reasonably believes there is no-one apparently in possession of the thing or it has been abandoned; or\n- (b) because of the condition, nature and value of the thing it would be unreasonable to require the investigator to comply with this section.\n- (a) a receipt for the thing that generally describes the thing and its condition; and\n- (b) an information notice about the decision to seize it.\n- (a) be given in the same document; and\n- (b) relate to more than 1 seized thing.","sortOrder":356},{"sectionNumber":"sec.150CD","sectionType":"section","heading":"Access to seized thing","content":"### sec.150CD Access to seized thing\n\nUntil a seized thing is returned, the investigator who seized the thing must allow an owner of the thing—\nto inspect it at any reasonable time and from time to time; and\nif it is a document—to copy it.\nSubsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\nThe inspection or copying must be allowed free of charge.\ns 150CD ins 2018 No. 8 s 12\n(sec.150CD-ssec.1) Until a seized thing is returned, the investigator who seized the thing must allow an owner of the thing— to inspect it at any reasonable time and from time to time; and if it is a document—to copy it.\n(sec.150CD-ssec.2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.\n(sec.150CD-ssec.3) The inspection or copying must be allowed free of charge.\n- (a) to inspect it at any reasonable time and from time to time; and\n- (b) if it is a document—to copy it.","sortOrder":357},{"sectionNumber":"sec.150CE","sectionType":"section","heading":"Return of seized thing","content":"### sec.150CE Return of seized thing\n\nThis section applies if a seized thing is not forfeited under subdivision 4 .\nAs soon as the assessor stops being satisfied there are reasonable grounds for retaining the thing, the assessor must return it to its owner.\nIf the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the assessor for its return.\nWithin 30 days after receiving the application, the assessor must—\nif the assessor is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner a notice about the decision, including the grounds for retaining the thing; or\notherwise—return the thing to the owner.\nFor this section, there are reasonable grounds for retaining a seized thing if—\nthe thing is being, or is likely to be, examined; or\nthe thing is needed, or may be needed, for the purposes of—\na proceeding for an offence against a conduct provision that is likely to be started or that has been started but not completed; or\nan appeal from a decision in a proceeding for an offence against a conduct provision; or\nit is not lawful for the owner to possess the thing.\nSubsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\nNothing in this section affects a lien or other security over the seized thing.\nIn this section—\nexamine includes analyse, test, measure, weigh, grade, gauge and identify.\ns 150CE ins 2018 No. 8 s 12\n(sec.150CE-ssec.1) This section applies if a seized thing is not forfeited under subdivision 4 .\n(sec.150CE-ssec.2) As soon as the assessor stops being satisfied there are reasonable grounds for retaining the thing, the assessor must return it to its owner.\n(sec.150CE-ssec.3) If the thing is not returned to its owner within 3 months after it was seized, the owner may apply to the assessor for its return.\n(sec.150CE-ssec.4) Within 30 days after receiving the application, the assessor must— if the assessor is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner a notice about the decision, including the grounds for retaining the thing; or otherwise—return the thing to the owner.\n(sec.150CE-ssec.5) For this section, there are reasonable grounds for retaining a seized thing if— the thing is being, or is likely to be, examined; or the thing is needed, or may be needed, for the purposes of— a proceeding for an offence against a conduct provision that is likely to be started or that has been started but not completed; or an appeal from a decision in a proceeding for an offence against a conduct provision; or it is not lawful for the owner to possess the thing.\n(sec.150CE-ssec.6) Subsection (5) does not limit the grounds that may be reasonable grounds for retaining the seized thing.\n(sec.150CE-ssec.7) Nothing in this section affects a lien or other security over the seized thing.\n(sec.150CE-ssec.8) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify.\n- (a) if the assessor is satisfied there are reasonable grounds for retaining the thing and decides to retain it—give the owner a notice about the decision, including the grounds for retaining the thing; or\n- (b) otherwise—return the thing to the owner.\n- (a) the thing is being, or is likely to be, examined; or\n- (b) the thing is needed, or may be needed, for the purposes of— (i) a proceeding for an offence against a conduct provision that is likely to be started or that has been started but not completed; or (ii) an appeal from a decision in a proceeding for an offence against a conduct provision; or\n- (i) a proceeding for an offence against a conduct provision that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against a conduct provision; or\n- (c) it is not lawful for the owner to possess the thing.\n- (i) a proceeding for an offence against a conduct provision that is likely to be started or that has been started but not completed; or\n- (ii) an appeal from a decision in a proceeding for an offence against a conduct provision; or","sortOrder":358},{"sectionNumber":"sec.150CF","sectionType":"section","heading":"Forfeiture by assessor decision","content":"### sec.150CF Forfeiture by assessor decision\n\nThe assessor may decide a seized thing is forfeited to the State if an investigator—\nafter making reasonable inquiries, can not find an owner; or\nafter making reasonable efforts, can not return it to an owner.\nHowever, the investigator is not required to—\nmake inquiries if it would be unreasonable to make inquiries to find an owner; or\nmake efforts if it would be unreasonable to make efforts to return the thing to an owner.\nThe owner of the thing has migrated to another country.\nRegard must be had to the thing’s condition, nature and value in deciding—\nwhether it is reasonable to make inquiries or efforts; and\nif inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\ns 150CF ins 2018 No. 8 s 12\n(sec.150CF-ssec.1) The assessor may decide a seized thing is forfeited to the State if an investigator— after making reasonable inquiries, can not find an owner; or after making reasonable efforts, can not return it to an owner.\n(sec.150CF-ssec.2) However, the investigator is not required to— make inquiries if it would be unreasonable to make inquiries to find an owner; or make efforts if it would be unreasonable to make efforts to return the thing to an owner. The owner of the thing has migrated to another country.\n(sec.150CF-ssec.3) Regard must be had to the thing’s condition, nature and value in deciding— whether it is reasonable to make inquiries or efforts; and if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.\n- (a) after making reasonable inquiries, can not find an owner; or\n- (b) after making reasonable efforts, can not return it to an owner.\n- (a) make inquiries if it would be unreasonable to make inquiries to find an owner; or\n- (b) make efforts if it would be unreasonable to make efforts to return the thing to an owner. Example— The owner of the thing has migrated to another country.\n- (a) whether it is reasonable to make inquiries or efforts; and\n- (b) if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.","sortOrder":359},{"sectionNumber":"sec.150CG","sectionType":"section","heading":"Dealing with property forfeited to State","content":"### sec.150CG Dealing with property forfeited to State\n\nA thing becomes the property of the State if the thing is forfeited to the State under section 150CF (1) .\nThe assessor may deal with the thing as the assessor considers appropriate, including, for example, by destroying it or giving it away.\ns 150CG ins 2018 No. 8 s 12\n(sec.150CG-ssec.1) A thing becomes the property of the State if the thing is forfeited to the State under section 150CF (1) .\n(sec.150CG-ssec.2) The assessor may deal with the thing as the assessor considers appropriate, including, for example, by destroying it or giving it away.","sortOrder":360},{"sectionNumber":"ch.5A-pt.4-div.5","sectionType":"division","heading":"Other information-obtaining powers of investigators","content":"## Other information-obtaining powers of investigators","sortOrder":361},{"sectionNumber":"sec.150CH","sectionType":"section","heading":"Power to require information","content":"### sec.150CH Power to require information\n\nThis section applies if an investigator reasonably believes—\nan offence against a conduct provision has been committed and a person may be able to give the investigator information about the commission of the offence; or\na person has information reasonably necessary for the investigator to investigate the conduct of a councillor.\nThe investigator may, by notice given to the person, require the person to give the investigator the information by a stated reasonable time.\nWhen making a requirement of a person under subsection (2) , the investigator must give the person an offence warning for the requirement.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\ns 150CH ins 2018 No. 8 s 12\n(sec.150CH-ssec.1) This section applies if an investigator reasonably believes— an offence against a conduct provision has been committed and a person may be able to give the investigator information about the commission of the offence; or a person has information reasonably necessary for the investigator to investigate the conduct of a councillor.\n(sec.150CH-ssec.2) The investigator may, by notice given to the person, require the person to give the investigator the information by a stated reasonable time.\n(sec.150CH-ssec.3) When making a requirement of a person under subsection (2) , the investigator must give the person an offence warning for the requirement.\n(sec.150CH-ssec.4) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.150CH-ssec.5) In this section— information includes a document.\n- (a) an offence against a conduct provision has been committed and a person may be able to give the investigator information about the commission of the offence; or\n- (b) a person has information reasonably necessary for the investigator to investigate the conduct of a councillor.","sortOrder":362},{"sectionNumber":"sec.150CI","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.150CI Offence to contravene information requirement\n\nA person of whom a requirement is made under section 150CH (2) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\ns 150CI ins 2018 No. 8 s 12\n(sec.150CI-ssec.1) A person of whom a requirement is made under section 150CH (2) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.150CI-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":363},{"sectionNumber":"sec.150CJ","sectionType":"section","heading":"Power to require attendance","content":"### sec.150CJ Power to require attendance\n\nThe investigator may require a person to—\nattend a meeting with the investigator at a stated reasonable time and place; and\nanswer questions, related to the investigation of the conduct of a councillor or an offence against a conduct provision, asked by the investigator.\nWhen making a requirement of a person under subsection (1) , the investigator must give the person an offence warning for the requirement.\nA person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual to fail to answer a question if answering the question might tend to incriminate the individual or expose the individual to a penalty.\ns 150CJ ins 2018 No. 8 s 12\n(sec.150CJ-ssec.1) The investigator may require a person to— attend a meeting with the investigator at a stated reasonable time and place; and answer questions, related to the investigation of the conduct of a councillor or an offence against a conduct provision, asked by the investigator.\n(sec.150CJ-ssec.2) When making a requirement of a person under subsection (1) , the investigator must give the person an offence warning for the requirement.\n(sec.150CJ-ssec.3) A person of whom a requirement is made under subsection (1) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.150CJ-ssec.4) It is a reasonable excuse for an individual to fail to answer a question if answering the question might tend to incriminate the individual or expose the individual to a penalty.\n- (a) attend a meeting with the investigator at a stated reasonable time and place; and\n- (b) answer questions, related to the investigation of the conduct of a councillor or an offence against a conduct provision, asked by the investigator.","sortOrder":364},{"sectionNumber":"sec.150CK","sectionType":"section","heading":"Notice about confidentiality","content":"### sec.150CK Notice about confidentiality\n\nThis section applies if an investigator intends to, or does, exercise a power—\nunder section 150CH requiring a person to give information to the investigator; or\nunder section 150CJ requiring a person to attend a place and answer questions.\nThe assessor may give a notice to the person stating that the fact of the person’s attendance, or information given by the person, is confidential information.\nHowever, the assessor may give the notice to the person only if the assessor reasonably believes the notice is necessary—\nto prevent the commission of an offence; or\nto ensure the investigation of a councillor’s conduct is kept confidential.\nIf the assessor gives the notice, the notice is also confidential information.\nThe person must not disclose the confidential information to another person, unless the disclosure is permitted under subsection (6) or the person has a reasonable excuse.\nMaximum penalty—85 penalty units.\nThe person may disclose the confidential information if—\nthe disclosure was made before the person received the notice; or\nthe disclosure is made to—\nobtain legal advice; or\nobtain information to comply with the investigator’s requirement; or\ncomply with another lawful obligation to disclose the information.\nHowever, disclosure by a person (the discloser ) under subsection (6) (b) (ii) is permitted only if the discloser informs another person to whom the disclosure is made that the information is confidential information under this section.\ns 150CK ins 2018 No. 8 s 12\namd 2019 No. 30 s 96\n(sec.150CK-ssec.1) This section applies if an investigator intends to, or does, exercise a power— under section 150CH requiring a person to give information to the investigator; or under section 150CJ requiring a person to attend a place and answer questions.\n(sec.150CK-ssec.2) The assessor may give a notice to the person stating that the fact of the person’s attendance, or information given by the person, is confidential information.\n(sec.150CK-ssec.3) However, the assessor may give the notice to the person only if the assessor reasonably believes the notice is necessary— to prevent the commission of an offence; or to ensure the investigation of a councillor’s conduct is kept confidential.\n(sec.150CK-ssec.4) If the assessor gives the notice, the notice is also confidential information.\n(sec.150CK-ssec.5) The person must not disclose the confidential information to another person, unless the disclosure is permitted under subsection (6) or the person has a reasonable excuse. Maximum penalty—85 penalty units.\n(sec.150CK-ssec.6) The person may disclose the confidential information if— the disclosure was made before the person received the notice; or the disclosure is made to— obtain legal advice; or obtain information to comply with the investigator’s requirement; or comply with another lawful obligation to disclose the information.\n(sec.150CK-ssec.7) However, disclosure by a person (the discloser ) under subsection (6) (b) (ii) is permitted only if the discloser informs another person to whom the disclosure is made that the information is confidential information under this section.\n- (a) under section 150CH requiring a person to give information to the investigator; or\n- (b) under section 150CJ requiring a person to attend a place and answer questions.\n- (a) to prevent the commission of an offence; or\n- (b) to ensure the investigation of a councillor’s conduct is kept confidential.\n- (a) the disclosure was made before the person received the notice; or\n- (b) the disclosure is made to— (i) obtain legal advice; or (ii) obtain information to comply with the investigator’s requirement; or (iii) comply with another lawful obligation to disclose the information.\n- (i) obtain legal advice; or\n- (ii) obtain information to comply with the investigator’s requirement; or\n- (iii) comply with another lawful obligation to disclose the information.\n- (i) obtain legal advice; or\n- (ii) obtain information to comply with the investigator’s requirement; or\n- (iii) comply with another lawful obligation to disclose the information.","sortOrder":365},{"sectionNumber":"ch.5A-pt.4-div.6","sectionType":"division","heading":"Miscellaneous provisions relating to investigators","content":"## Miscellaneous provisions relating to investigators","sortOrder":366},{"sectionNumber":"sec.150CL","sectionType":"section","heading":"Duty to avoid inconvenience and minimise damage","content":"### sec.150CL Duty to avoid inconvenience and minimise damage\n\nIn exercising a power, an investigator must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.\nSee also section 150CN .\ns 150CL ins 2018 No. 8 s 12","sortOrder":367},{"sectionNumber":"sec.150CM","sectionType":"section","heading":"Notice about damage","content":"### sec.150CM Notice about damage\n\nThis section applies if—\nan investigator damages something when exercising, or purporting to exercise, a power; or\na person (the assistant ) acting under the direction or authority of an investigator damages something.\nHowever, this section does not apply to damage the investigator reasonably considers is trivial or if the investigator reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned.\nThe investigator must give a notice about the damage to a person who appears to the investigator to be an owner, or person in control, of the thing.\nHowever, if for any reason it is not practicable to comply with subsection (3) , the investigator must—\nleave the notice at the place at which the damage happened; and\nensure it is left in a conspicuous position and in a reasonably secure way.\nThe investigator may delay complying with subsection (3) or (4) if the investigator reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the investigator.\nThe delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the damage happened.\nIf the investigator believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the investigator or the assistant, the investigator may state the belief in the notice.\nThe notice must state—\nparticulars of the damage; and\nthat the person who suffered the damage may claim compensation under section 150CN .\ns 150CM ins 2018 No. 8 s 12\n(sec.150CM-ssec.1) This section applies if— an investigator damages something when exercising, or purporting to exercise, a power; or a person (the assistant ) acting under the direction or authority of an investigator damages something.\n(sec.150CM-ssec.2) However, this section does not apply to damage the investigator reasonably considers is trivial or if the investigator reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned.\n(sec.150CM-ssec.3) The investigator must give a notice about the damage to a person who appears to the investigator to be an owner, or person in control, of the thing.\n(sec.150CM-ssec.4) However, if for any reason it is not practicable to comply with subsection (3) , the investigator must— leave the notice at the place at which the damage happened; and ensure it is left in a conspicuous position and in a reasonably secure way.\n(sec.150CM-ssec.5) The investigator may delay complying with subsection (3) or (4) if the investigator reasonably suspects complying with the subsection may frustrate or otherwise hinder an investigation by the investigator.\n(sec.150CM-ssec.6) The delay may be only for so long as the investigator continues to have the reasonable suspicion and remains in the vicinity of the place at which the damage happened.\n(sec.150CM-ssec.7) If the investigator believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the investigator or the assistant, the investigator may state the belief in the notice.\n(sec.150CM-ssec.8) The notice must state— particulars of the damage; and that the person who suffered the damage may claim compensation under section 150CN .\n- (a) an investigator damages something when exercising, or purporting to exercise, a power; or\n- (b) a person (the assistant ) acting under the direction or authority of an investigator damages something.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned.\n- (a) leave the notice at the place at which the damage happened; and\n- (b) ensure it is left in a conspicuous position and in a reasonably secure way.\n- (a) particulars of the damage; and\n- (b) that the person who suffered the damage may claim compensation under section 150CN .","sortOrder":368},{"sectionNumber":"sec.150CN","sectionType":"section","heading":"Compensation","content":"### sec.150CN Compensation\n\nA person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an investigator, including a loss arising from compliance with a requirement made of the person under division 3 , 4 or 5 .\nThe compensation may be claimed and ordered in a proceeding—\nbrought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\nfor an offence against a conduct provision, or another offence relating to the conduct of a councillor, the investigation of which gave rise to the claim for compensation.\nA court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\nIn considering whether it is just to order compensation, the court must have regard to—\nany relevant offence committed by the claimant; and\nwhether the loss arose from a lawful seizure or lawful forfeiture.\nA regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\nSection 150CL does not provide for a statutory right of compensation other than as provided by this section.\nIn this section—\nloss includes costs and damage.\ns 150CN ins 2018 No. 8 s 12\n(sec.150CN-ssec.1) A person may claim compensation from the State if the person incurs loss because of the exercise, or purported exercise, of a power by or for an investigator, including a loss arising from compliance with a requirement made of the person under division 3 , 4 or 5 .\n(sec.150CN-ssec.2) The compensation may be claimed and ordered in a proceeding— brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or for an offence against a conduct provision, or another offence relating to the conduct of a councillor, the investigation of which gave rise to the claim for compensation.\n(sec.150CN-ssec.3) A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.150CN-ssec.4) In considering whether it is just to order compensation, the court must have regard to— any relevant offence committed by the claimant; and whether the loss arose from a lawful seizure or lawful forfeiture.\n(sec.150CN-ssec.5) A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.\n(sec.150CN-ssec.6) Section 150CL does not provide for a statutory right of compensation other than as provided by this section.\n(sec.150CN-ssec.7) In this section— loss includes costs and damage.\n- (a) brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or\n- (b) for an offence against a conduct provision, or another offence relating to the conduct of a councillor, the investigation of which gave rise to the claim for compensation.\n- (a) any relevant offence committed by the claimant; and\n- (b) whether the loss arose from a lawful seizure or lawful forfeiture.","sortOrder":369},{"sectionNumber":"ch.5A-pt.4-div.7","sectionType":"division","heading":null,"content":"","sortOrder":370},{"sectionNumber":"sec.150CO","sectionType":"section","heading":null,"content":"### Section sec.150CO\n\ns 150CO ins 2018 No. 8 s 12\nom 2023 No. 30 s 68","sortOrder":371},{"sectionNumber":"sec.150CP","sectionType":"section","heading":null,"content":"### Section sec.150CP\n\ns 150CP ins 2018 No. 8 s 12\nom 2023 No. 30 s 68","sortOrder":372},{"sectionNumber":"sec.150CQ","sectionType":"section","heading":null,"content":"### Section sec.150CQ\n\ns 150CQ ins 2018 No. 8 s 12\nom 2023 No. 30 s 68","sortOrder":373},{"sectionNumber":"sec.150CR","sectionType":"section","heading":null,"content":"### Section sec.150CR\n\ns 150CR ins 2018 No. 8 s 12\nom 2023 No. 30 s 68","sortOrder":374},{"sectionNumber":"sec.150CS","sectionType":"section","heading":null,"content":"### Section sec.150CS\n\ns 150CS ins 2018 No. 8 s 12\nom 2023 No. 30 s 68","sortOrder":375},{"sectionNumber":"ch.5A-pt.4A","sectionType":"part","heading":"Review","content":"# Review","sortOrder":376},{"sectionNumber":"ch.5A-pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":377},{"sectionNumber":"sec.150COA","sectionType":"section","heading":"Definitions for part","content":"### sec.150COA Definitions for part\n\nIn this part—\naffected person , in relation to a decision, means, a person who is given, or is entitled to be given, an information notice under section 150AWA , 150AWB , 150AWC or 150CC .\napplicant , for a review decision, see section 150CR (1) .\ninternal review , of an original decision, see section 150CO .\noriginal decision means a decision made under section 150AWA , 150AWB , 150AWC or 150CC .\nreview decision , of an original decision, see section 150CQ (2) .\ns 150COA ins 2023 No. 30 s 69","sortOrder":378},{"sectionNumber":"ch.5A-pt.4A-div.2","sectionType":"division","heading":"Internal review","content":"## Internal review","sortOrder":379},{"sectionNumber":"sec.150CO-oc.2","sectionType":"section","heading":"Who may apply for review","content":"### sec.150CO-oc.2 Who may apply for review\n\nAn affected person for an original decision may apply to the assessor for a review (an internal review ) of the decision.\ns 150CO ins 2023 No. 30 s 69","sortOrder":380},{"sectionNumber":"sec.150CP-oc.2","sectionType":"section","heading":"Application for review","content":"### sec.150CP-oc.2 Application for review\n\nThe application must—\nbe made within 30 days after—\nif the affected person is given an information notice about the decision—the person is given the information notice; or\notherwise—the affected person otherwise becomes aware of the decision; and\nbe in writing; and\nbe supported by enough information to enable the assessor to decide the application.\nThe assessor may extend the time for making the application if, within the 30-day period applying under subsection (1) , the affected person asks the assessor to extend the time.\ns 150CP ins 2023 No. 30 s 69\n(sec.150CP-oc.2-ssec.1) The application must— be made within 30 days after— if the affected person is given an information notice about the decision—the person is given the information notice; or otherwise—the affected person otherwise becomes aware of the decision; and be in writing; and be supported by enough information to enable the assessor to decide the application.\n(sec.150CP-oc.2-ssec.2) The assessor may extend the time for making the application if, within the 30-day period applying under subsection (1) , the affected person asks the assessor to extend the time.\n- (a) be made within 30 days after— (i) if the affected person is given an information notice about the decision—the person is given the information notice; or (ii) otherwise—the affected person otherwise becomes aware of the decision; and\n- (i) if the affected person is given an information notice about the decision—the person is given the information notice; or\n- (ii) otherwise—the affected person otherwise becomes aware of the decision; and\n- (b) be in writing; and\n- (c) be supported by enough information to enable the assessor to decide the application.\n- (i) if the affected person is given an information notice about the decision—the person is given the information notice; or\n- (ii) otherwise—the affected person otherwise becomes aware of the decision; and","sortOrder":381},{"sectionNumber":"sec.150CQ-oc.2","sectionType":"section","heading":"Review decision","content":"### sec.150CQ-oc.2 Review decision\n\nUnless the assessor made the original decision personally, the assessor must ensure the application is not dealt with by—\nthe person who made the original decision; or\na person in a less senior office in the Office of the Independent Assessor than the person who made the original decision.\nWithin 90 days after the application is made, the assessor must review the original decision and make a decision (the review decision )—\nconfirming the original decision; or\namending the original decision; or\nsubstituting another decision for the original decision.\nThe assessor must make the review decision on the material that led to the original decision and any other material the assessor considers relevant.\nThe assessor must, as soon as practicable after making the review decision, give the affected person notice of the review decision.\nIf the review decision is not the decision sought by the affected person, the notice must be a QCAT information notice.\ns 150CQ ins 2023 No. 30 s 69\n(sec.150CQ-oc.2-ssec.1) Unless the assessor made the original decision personally, the assessor must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office in the Office of the Independent Assessor than the person who made the original decision.\n(sec.150CQ-oc.2-ssec.2) Within 90 days after the application is made, the assessor must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.\n(sec.150CQ-oc.2-ssec.3) The assessor must make the review decision on the material that led to the original decision and any other material the assessor considers relevant.\n(sec.150CQ-oc.2-ssec.4) The assessor must, as soon as practicable after making the review decision, give the affected person notice of the review decision.\n(sec.150CQ-oc.2-ssec.5) If the review decision is not the decision sought by the affected person, the notice must be a QCAT information notice.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office in the Office of the Independent Assessor than the person who made the original decision.\n- (a) confirming the original decision; or\n- (b) amending the original decision; or\n- (c) substituting another decision for the original decision.","sortOrder":382},{"sectionNumber":"ch.5A-pt.4A-div.3","sectionType":"division","heading":"External review","content":"## External review","sortOrder":383},{"sectionNumber":"sec.150CR-oc.2","sectionType":"section","heading":"External review by QCAT","content":"### sec.150CR-oc.2 External review by QCAT\n\nThis section applies in relation to a person (the applicant ) who is given, or is entitled to be given, a QCAT information notice for a review decision.\nIf the applicant is dissatisfied with a review decision made by the assessor, the applicant may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.\ns 150CR ins 2023 No. 30 s 69\n(sec.150CR-oc.2-ssec.1) This section applies in relation to a person (the applicant ) who is given, or is entitled to be given, a QCAT information notice for a review decision.\n(sec.150CR-oc.2-ssec.2) If the applicant is dissatisfied with a review decision made by the assessor, the applicant may apply, as provided under the QCAT Act , to QCAT for a review of the review decision.","sortOrder":384},{"sectionNumber":"sec.150CS-oc.2","sectionType":"section","heading":"No power to stay review decision","content":"### sec.150CS-oc.2 No power to stay review decision\n\nIf an applicant applies to QCAT for a review of a review decision, QCAT may not—\nstay the operation of the review decision; or\ngrant an injunction in the proceeding for the review.\ns 150CS ins 2023 No. 30 s 69\n- (a) stay the operation of the review decision; or\n- (b) grant an injunction in the proceeding for the review.","sortOrder":385},{"sectionNumber":"ch.5A-pt.5","sectionType":"part","heading":"Administration","content":"# Administration","sortOrder":386},{"sectionNumber":"ch.5A-pt.5-div.1","sectionType":"division","heading":"Independent Assessor and Office of the Independent Assessor","content":"## Independent Assessor and Office of the Independent Assessor","sortOrder":387},{"sectionNumber":"sec.150CT","sectionType":"section","heading":"Establishment","content":"### sec.150CT Establishment\n\nThere is to be an Independent Assessor.\ns 150CT ins 2018 No. 8 s 12","sortOrder":388},{"sectionNumber":"sec.150CU","sectionType":"section","heading":"Functions","content":"### sec.150CU Functions\n\nThe functions of the assessor are—\nto assess, investigate and deal with the conduct of councillors if it is alleged or suspected to be a conduct breach, misconduct or, when referred to the assessor by the Crime and Corruption Commission, corrupt conduct; and\nto provide advice and information to councillors, local government employees and other persons about dealing with alleged or suspected conduct breaches, misconduct or corrupt conduct; and\nto prosecute offences against the conduct provisions; and\nto assess or investigate other matters decided by the Minister; and\nanother function related to a function mentioned in paragraph (a) , (b) , (c) , (d) or (f) directed, in writing, by the Minister; and\nany other functions given to the assessor under this Act.\nThe assessor is the public official responsible for dealing with a complaint about the corrupt conduct of a councillor for the purposes of consultation about, or a referral of, the complaint under the Crime and Corruption Act 2001 .\ns 150CU ins 2018 No. 8 s 12\namd 2023 No. 30 s 70\namd 2026 No. 5 s 102 (uncommenced amendment)\n(sec.150CU-ssec.1) The functions of the assessor are— to assess, investigate and deal with the conduct of councillors if it is alleged or suspected to be a conduct breach, misconduct or, when referred to the assessor by the Crime and Corruption Commission, corrupt conduct; and to provide advice and information to councillors, local government employees and other persons about dealing with alleged or suspected conduct breaches, misconduct or corrupt conduct; and to prosecute offences against the conduct provisions; and to assess or investigate other matters decided by the Minister; and another function related to a function mentioned in paragraph (a) , (b) , (c) , (d) or (f) directed, in writing, by the Minister; and any other functions given to the assessor under this Act.\n(sec.150CU-ssec.2) The assessor is the public official responsible for dealing with a complaint about the corrupt conduct of a councillor for the purposes of consultation about, or a referral of, the complaint under the Crime and Corruption Act 2001 .\n- (a) to assess, investigate and deal with the conduct of councillors if it is alleged or suspected to be a conduct breach, misconduct or, when referred to the assessor by the Crime and Corruption Commission, corrupt conduct; and\n- (b) to provide advice and information to councillors, local government employees and other persons about dealing with alleged or suspected conduct breaches, misconduct or corrupt conduct; and\n- (c) to prosecute offences against the conduct provisions; and\n- (d) to assess or investigate other matters decided by the Minister; and\n- (e) another function related to a function mentioned in paragraph (a) , (b) , (c) , (d) or (f) directed, in writing, by the Minister; and\n- (f) any other functions given to the assessor under this Act.","sortOrder":389},{"sectionNumber":"sec.150CV","sectionType":"section","heading":"Appointment","content":"### sec.150CV Appointment\n\nThe Governor in Council may appoint a qualified person to be the Independent Assessor.\nThe assessor is appointed under this Act and not the Public Sector Act 2022 .\ns 150CV ins 2018 No. 8 s 12\namd 2022 No. 34 s 365 sch 3\n(sec.150CV-ssec.1) The Governor in Council may appoint a qualified person to be the Independent Assessor.\n(sec.150CV-ssec.2) The assessor is appointed under this Act and not the Public Sector Act 2022 .","sortOrder":390},{"sectionNumber":"sec.150CW","sectionType":"section","heading":"Qualifications for appointment","content":"### sec.150CW Qualifications for appointment\n\nA person is qualified to hold the office of assessor if the person has extensive knowledge of, and experience in, any of the following areas—\nlocal government;\ninvestigations;\nlaw;\npublic administration;\npublic sector ethics.\nA person is not qualified to hold the office of the assessor if the person—\nhas a conviction for an indictable offence, other than a spent conviction; or\nis an insolvent under administration; or\nis guilty of misconduct of a type that could warrant dismissal from the public service if the assessor were a public service officer.\ns 150CW ins 2018 No. 8 s 12\namd 2023 No. 30 s 119 sch 1\n(sec.150CW-ssec.1) A person is qualified to hold the office of assessor if the person has extensive knowledge of, and experience in, any of the following areas— local government; investigations; law; public administration; public sector ethics.\n(sec.150CW-ssec.2) A person is not qualified to hold the office of the assessor if the person— has a conviction for an indictable offence, other than a spent conviction; or is an insolvent under administration; or is guilty of misconduct of a type that could warrant dismissal from the public service if the assessor were a public service officer.\n- (a) local government;\n- (b) investigations;\n- (c) law;\n- (d) public administration;\n- (e) public sector ethics.\n- (a) has a conviction for an indictable offence, other than a spent conviction; or\n- (b) is an insolvent under administration; or\n- (c) is guilty of misconduct of a type that could warrant dismissal from the public service if the assessor were a public service officer.","sortOrder":391},{"sectionNumber":"sec.150CX","sectionType":"section","heading":"Term of office","content":"### sec.150CX Term of office\n\nSubject to this division, the assessor holds office for the term, of not more than 5 years, stated in the assessor’s instrument of appointment.\ns 150CX ins 2018 No. 8 s 12","sortOrder":392},{"sectionNumber":"sec.150CY","sectionType":"section","heading":"Conditions of appointment","content":"### sec.150CY Conditions of appointment\n\nThe assessor—\nis to be paid the remuneration and allowances decided by the Governor in Council; and\nholds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.\ns 150CY ins 2018 No. 8 s 12\n- (a) is to be paid the remuneration and allowances decided by the Governor in Council; and\n- (b) holds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.","sortOrder":393},{"sectionNumber":"sec.150CZ","sectionType":"section","heading":"Preservation of rights","content":"### sec.150CZ Preservation of rights\n\nThis section applies if a public service officer is appointed as the assessor.\nThe person keeps all rights accrued or accruing to the person as a public service officer as if service as the assessor were a continuation of service as a public service officer.\nAt the end of the person’s term of office or on resignation as the assessor, the person’s service as the assessor is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.\ns 150CZ ins 2018 No. 8 s 12\n(sec.150CZ-ssec.1) This section applies if a public service officer is appointed as the assessor.\n(sec.150CZ-ssec.2) The person keeps all rights accrued or accruing to the person as a public service officer as if service as the assessor were a continuation of service as a public service officer.\n(sec.150CZ-ssec.3) At the end of the person’s term of office or on resignation as the assessor, the person’s service as the assessor is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.","sortOrder":394},{"sectionNumber":"sec.150DA","sectionType":"section","heading":"Restriction on local government employment etc.","content":"### sec.150DA Restriction on local government employment etc.\n\nThe assessor must not, without the Minister’s approval in each particular case, hold office or be engaged in any way by a local government, whether or not for profit.\ns 150DA ins 2018 No. 8 s 12","sortOrder":395},{"sectionNumber":"sec.150DB","sectionType":"section","heading":"Conflict of interest","content":"### sec.150DB Conflict of interest\n\nThis section applies if the assessor has an interest that may conflict with a fair and impartial preliminary assessment of, or investigation into, the conduct of a councillor.\nThe assessor must not take part, or take further part, in consideration of the matter.\nMaximum penalty—35 penalty units.\nAs soon as practicable after the assessor becomes aware this section applies, the assessor must give a notice about the matter to the Minister.\nMaximum penalty—35 penalty units.\nIf the assessor gives a notice to the Minister about a conflict of interest in relation to a matter, the Minister must nominate a person to act as the assessor under section 150DD in relation to the matter.\ns 150DB ins 2018 No. 8 s 12\namd 2023 No. 30 s 71\n(sec.150DB-ssec.1) This section applies if the assessor has an interest that may conflict with a fair and impartial preliminary assessment of, or investigation into, the conduct of a councillor.\n(sec.150DB-ssec.2) The assessor must not take part, or take further part, in consideration of the matter. Maximum penalty—35 penalty units.\n(sec.150DB-ssec.3) As soon as practicable after the assessor becomes aware this section applies, the assessor must give a notice about the matter to the Minister. Maximum penalty—35 penalty units.\n(sec.150DB-ssec.4) If the assessor gives a notice to the Minister about a conflict of interest in relation to a matter, the Minister must nominate a person to act as the assessor under section 150DD in relation to the matter.","sortOrder":396},{"sectionNumber":"sec.150DC","sectionType":"section","heading":"Vacancy of office","content":"### sec.150DC Vacancy of office\n\nThe office of the assessor becomes vacant if the person holding the office—\ncompletes a term of office and is not reappointed; or\nis not qualified under section 150CW to hold the office; or\nis removed from office by the Governor in Council because the person—\nis mentally or physically incapable of satisfactorily performing the assessor’s functions; or\nhas performed the assessor’s functions incompetently or inefficiently; or\nresigns from the office by signed notice given to the Minister.\ns 150DC ins 2018 No. 8 s 12\namd 2023 No. 30 s 72\n- (a) completes a term of office and is not reappointed; or\n- (b) is not qualified under section 150CW to hold the office; or\n- (c) is removed from office by the Governor in Council because the person— (i) is mentally or physically incapable of satisfactorily performing the assessor’s functions; or (ii) has performed the assessor’s functions incompetently or inefficiently; or\n- (i) is mentally or physically incapable of satisfactorily performing the assessor’s functions; or\n- (ii) has performed the assessor’s functions incompetently or inefficiently; or\n- (d) resigns from the office by signed notice given to the Minister.\n- (i) is mentally or physically incapable of satisfactorily performing the assessor’s functions; or\n- (ii) has performed the assessor’s functions incompetently or inefficiently; or","sortOrder":397},{"sectionNumber":"sec.150DD","sectionType":"section","heading":"Acting assessor","content":"### sec.150DD Acting assessor\n\nThe Minister may appoint a person to act as the assessor during—\na vacancy in the office of the assessor; or\na period the assessor is absent, or can not perform the duties of the office, for any reason.\nHowever, the person may be appointed only if the person is qualified under section 150CW to hold the office of the assessor.\ns 150DD ins 2018 No. 8 s 12\namd 2026 No. 5 s 60\n(sec.150DD-ssec.1) The Minister may appoint a person to act as the assessor during— a vacancy in the office of the assessor; or a period the assessor is absent, or can not perform the duties of the office, for any reason.\n(sec.150DD-ssec.2) However, the person may be appointed only if the person is qualified under section 150CW to hold the office of the assessor.\n- (a) a vacancy in the office of the assessor; or\n- (b) a period the assessor is absent, or can not perform the duties of the office, for any reason.","sortOrder":398},{"sectionNumber":"sec.150DE","sectionType":"section","heading":"Assessor not subject to outside direction","content":"### sec.150DE Assessor not subject to outside direction\n\nThe assessor is not subject to direction by another person about—\nthe way the assessor’s powers in relation to a preliminary assessment or investigation under this Act are to be exercised; or\nthe priority given to preliminary assessments or investigations.\ns 150DE ins 2018 No. 8 s 12\namd 2023 No. 30 s 73\n- (a) the way the assessor’s powers in relation to a preliminary assessment or investigation under this Act are to be exercised; or\n- (b) the priority given to preliminary assessments or investigations.","sortOrder":399},{"sectionNumber":"sec.150DF","sectionType":"section","heading":"Delegation","content":"### sec.150DF Delegation\n\nThe assessor may delegate any of the assessor’s functions to an appropriately qualified staff member of the Office of the Independent Assessor.\nHowever, the assessor may not delegate the assessor’s power to give a notice under section 150CK .\nIn this section—\nfunctions includes powers.\ns 150DF ins 2018 No. 8 s 12\n(sec.150DF-ssec.1) The assessor may delegate any of the assessor’s functions to an appropriately qualified staff member of the Office of the Independent Assessor.\n(sec.150DF-ssec.2) However, the assessor may not delegate the assessor’s power to give a notice under section 150CK .\n(sec.150DF-ssec.3) In this section— functions includes powers.","sortOrder":400},{"sectionNumber":"sec.150DG","sectionType":"section","heading":"Establishment","content":"### sec.150DG Establishment\n\nAn office called the Office of the Independent Assessor is established.\nThe office consists of the assessor and the staff of the office.\ns 150DG ins 2018 No. 8 s 12\n(sec.150DG-ssec.1) An office called the Office of the Independent Assessor is established.\n(sec.150DG-ssec.2) The office consists of the assessor and the staff of the office.","sortOrder":401},{"sectionNumber":"sec.150DH","sectionType":"section","heading":"Function","content":"### sec.150DH Function\n\nThe office’s function is to help the assessor perform the assessor’s functions.\ns 150DH ins 2018 No. 8 s 12","sortOrder":402},{"sectionNumber":"sec.150DI","sectionType":"section","heading":"Staff","content":"### sec.150DI Staff\n\nStaff of the office are employed under the Public Sector Act 2022 .\ns 150DI ins 2018 No. 8 s 12\namd 2022 No. 34 s 365 sch 3","sortOrder":403},{"sectionNumber":"sec.150DJ","sectionType":"section","heading":"Control of office","content":"### sec.150DJ Control of office\n\nThe assessor controls the office.\nSubsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring the office is supplied with the administrative support services it requires to carry out its functions effectively and efficiently.\ns 150DJ ins 2018 No. 8 s 12\n(sec.150DJ-ssec.1) The assessor controls the office.\n(sec.150DJ-ssec.2) Subsection (1) does not prevent the attachment of the office to the department for the purpose of ensuring the office is supplied with the administrative support services it requires to carry out its functions effectively and efficiently.","sortOrder":404},{"sectionNumber":"ch.5A-pt.5-div.2","sectionType":"division","heading":"Councillor Conduct Tribunal","content":"## Councillor Conduct Tribunal","sortOrder":405},{"sectionNumber":"sec.150DK","sectionType":"section","heading":"Establishment","content":"### sec.150DK Establishment\n\nThe Councillor Conduct Tribunal (the conduct tribunal ) is established.\ns 150DK ins 2018 No. 8 s 12","sortOrder":406},{"sectionNumber":"sec.150DL","sectionType":"section","heading":"Conduct tribunal’s functions","content":"### sec.150DL Conduct tribunal’s functions\n\nThe functions of the conduct tribunal are—\nto hear and decide an application made by the assessor under chapter 5A , part 3 , division 6 ; and\nanother function related to a function mentioned in paragraph (a) or (c) directed, in writing, by the Minister; and\nany other functions given to the conduct tribunal under this Act.\nNothing in this section limits the president’s duty under the Crime and Corruption Act 2001 to notify the Crime and Corruption Commission about suspected corrupt conduct.\ns 150DL ins 2018 No. 8 s 12\namd 2019 No. 30 s 100 ; 2023 No. 30 s 74\n(sec.150DL-ssec.1) The functions of the conduct tribunal are— to hear and decide an application made by the assessor under chapter 5A , part 3 , division 6 ; and another function related to a function mentioned in paragraph (a) or (c) directed, in writing, by the Minister; and any other functions given to the conduct tribunal under this Act.\n(sec.150DL-ssec.2) Nothing in this section limits the president’s duty under the Crime and Corruption Act 2001 to notify the Crime and Corruption Commission about suspected corrupt conduct.\n- (a) to hear and decide an application made by the assessor under chapter 5A , part 3 , division 6 ; and\n- (b) another function related to a function mentioned in paragraph (a) or (c) directed, in writing, by the Minister; and\n- (c) any other functions given to the conduct tribunal under this Act.","sortOrder":407},{"sectionNumber":"sec.150DLA","sectionType":"section","heading":null,"content":"### Section sec.150DLA\n\ns 150DLA ins 2019 No. 30 s 101\nom 2023 No. 30 s 75","sortOrder":408},{"sectionNumber":"sec.150DM","sectionType":"section","heading":"Membership of conduct tribunal","content":"### sec.150DM Membership of conduct tribunal\n\nThe members of the conduct tribunal are—\nthe president; and\nthe deputy president; and\nthe casual members.\ns 150DM ins 2018 No. 8 s 12\namd 2023 No. 30 s 76\n- (a) the president; and\n- (b) the deputy president; and\n- (c) the casual members.","sortOrder":409},{"sectionNumber":"sec.150DMA","sectionType":"section","heading":"President’s functions","content":"### sec.150DMA President’s functions\n\nThe functions of the president include—\nmanaging the business of the conduct tribunal to ensure it operates efficiently; and\nselecting members to constitute the conduct tribunal for an application under part 3 , division 6 ; and\nissuing practice directions under section 150DV ; and\nmanaging the members of the tribunal including by—\nensuring members are adequately and appropriately trained to enable the conduct tribunal to perform its functions effectively and efficiently; and\nfor hearing a matter in which more than 1 member constitutes the conduct tribunal, regardless of whether the tribunal is constituted by the president—selecting 1 of the members to be the chairperson of the tribunal for the matter.\ns 150DMA ins 2023 No. 30 s 77\n- (a) managing the business of the conduct tribunal to ensure it operates efficiently; and\n- (b) selecting members to constitute the conduct tribunal for an application under part 3 , division 6 ; and\n- (c) issuing practice directions under section 150DV ; and\n- (d) managing the members of the tribunal including by— (i) ensuring members are adequately and appropriately trained to enable the conduct tribunal to perform its functions effectively and efficiently; and (ii) for hearing a matter in which more than 1 member constitutes the conduct tribunal, regardless of whether the tribunal is constituted by the president—selecting 1 of the members to be the chairperson of the tribunal for the matter.\n- (i) ensuring members are adequately and appropriately trained to enable the conduct tribunal to perform its functions effectively and efficiently; and\n- (ii) for hearing a matter in which more than 1 member constitutes the conduct tribunal, regardless of whether the tribunal is constituted by the president—selecting 1 of the members to be the chairperson of the tribunal for the matter.\n- (i) ensuring members are adequately and appropriately trained to enable the conduct tribunal to perform its functions effectively and efficiently; and\n- (ii) for hearing a matter in which more than 1 member constitutes the conduct tribunal, regardless of whether the tribunal is constituted by the president—selecting 1 of the members to be the chairperson of the tribunal for the matter.","sortOrder":410},{"sectionNumber":"sec.150DN","sectionType":"section","heading":"Appointment of president, deputy president and casual members","content":"### sec.150DN Appointment of president, deputy president and casual members\n\nThe Governor in Council may appoint—\na person to be the president of the conduct tribunal; and\na person to be the deputy president of the conduct tribunal; and\nthe number of persons the Governor in Council considers appropriate to be casual members of the conduct tribunal.\nThe president, deputy president and members of the conduct tribunal are appointed under this Act and not the Public Sector Act 2022 .\nThe Minister may recommend the appointment of a person as a member of the conduct tribunal only if the person is qualified under section 150DO to be a member.\ns 150DN ins 2018 No. 8 s 12\namd 2023 No. 30 s 78\n(sec.150DN-ssec.1) The Governor in Council may appoint— a person to be the president of the conduct tribunal; and a person to be the deputy president of the conduct tribunal; and the number of persons the Governor in Council considers appropriate to be casual members of the conduct tribunal.\n(sec.150DN-ssec.2) The president, deputy president and members of the conduct tribunal are appointed under this Act and not the Public Sector Act 2022 .\n(sec.150DN-ssec.3) The Minister may recommend the appointment of a person as a member of the conduct tribunal only if the person is qualified under section 150DO to be a member.\n- (a) a person to be the president of the conduct tribunal; and\n- (b) a person to be the deputy president of the conduct tribunal; and\n- (c) the number of persons the Governor in Council considers appropriate to be casual members of the conduct tribunal.","sortOrder":411},{"sectionNumber":"sec.150DO","sectionType":"section","heading":"Qualifications for membership","content":"### sec.150DO Qualifications for membership\n\nA person is qualified to be a member of the conduct tribunal only if the person has extensive knowledge of, and experience in, any of the following—\nlocal government;\ninvestigations;\nlaw;\npublic administration;\npublic sector ethics.\nHowever, a person is not qualified to be a member if the person—\nis a councillor; or\nis a nominee for election as a councillor; or\naccepts an appointment as a councillor; or\nis an employee of a local government; or\nis a contractor of a local government; or\nis a consultant engaged by a local government; or\nis a member of an Australian Parliament; or\nis a nominee for election as a member of an Australian Parliament; or\nis a member of a political party; or\nhas a conviction for an indictable offence, other than a spent conviction; or\nis an insolvent under administration; or\nis a person prescribed by regulation for this subsection.\ns 150DO ins 2018 No. 8 s 12\n(sec.150DO-ssec.1) A person is qualified to be a member of the conduct tribunal only if the person has extensive knowledge of, and experience in, any of the following— local government; investigations; law; public administration; public sector ethics.\n(sec.150DO-ssec.2) However, a person is not qualified to be a member if the person— is a councillor; or is a nominee for election as a councillor; or accepts an appointment as a councillor; or is an employee of a local government; or is a contractor of a local government; or is a consultant engaged by a local government; or is a member of an Australian Parliament; or is a nominee for election as a member of an Australian Parliament; or is a member of a political party; or has a conviction for an indictable offence, other than a spent conviction; or is an insolvent under administration; or is a person prescribed by regulation for this subsection.\n- (a) local government;\n- (b) investigations;\n- (c) law;\n- (d) public administration;\n- (e) public sector ethics.\n- (a) is a councillor; or\n- (b) is a nominee for election as a councillor; or\n- (c) accepts an appointment as a councillor; or\n- (d) is an employee of a local government; or\n- (e) is a contractor of a local government; or\n- (f) is a consultant engaged by a local government; or\n- (g) is a member of an Australian Parliament; or\n- (h) is a nominee for election as a member of an Australian Parliament; or\n- (i) is a member of a political party; or\n- (j) has a conviction for an indictable offence, other than a spent conviction; or\n- (k) is an insolvent under administration; or\n- (l) is a person prescribed by regulation for this subsection.","sortOrder":412},{"sectionNumber":"sec.150DP","sectionType":"section","heading":"Term of office","content":"### sec.150DP Term of office\n\nSubject to this division, a member holds office for the term, of not more than 4 years, stated in the member’s instrument of appointment.\ns 150DP ins 2018 No. 8 s 12","sortOrder":413},{"sectionNumber":"sec.150DQ","sectionType":"section","heading":"Conditions of appointment","content":"### sec.150DQ Conditions of appointment\n\nA member—\nis to be paid the remuneration and allowances decided by the Governor in Council; and\nholds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.\ns 150DQ ins 2018 No. 8 s 12\n- (a) is to be paid the remuneration and allowances decided by the Governor in Council; and\n- (b) holds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.","sortOrder":414},{"sectionNumber":"sec.150DR","sectionType":"section","heading":"Vacancy of office","content":"### sec.150DR Vacancy of office\n\nThe office of a member becomes vacant if the person holding the office—\ncompletes a term of office and is not reappointed; or\nis not qualified under section 150DO to hold the office; or\nis removed from office by the Governor in Council because the person—\nis mentally or physically incapable of satisfactorily performing the member’s functions; or\nhas performed the member’s functions carelessly, incompetently or inefficiently; or\nhas engaged in conduct that would result in dismissal from the public service if the member were a public service officer; or\nresigns the office by signed notice given to the Minister.\ns 150DR ins 2018 No. 8 s 12\namd 2023 No. 30 s 79\n- (a) completes a term of office and is not reappointed; or\n- (b) is not qualified under section 150DO to hold the office; or\n- (c) is removed from office by the Governor in Council because the person— (i) is mentally or physically incapable of satisfactorily performing the member’s functions; or (ii) has performed the member’s functions carelessly, incompetently or inefficiently; or (iii) has engaged in conduct that would result in dismissal from the public service if the member were a public service officer; or\n- (i) is mentally or physically incapable of satisfactorily performing the member’s functions; or\n- (ii) has performed the member’s functions carelessly, incompetently or inefficiently; or\n- (iii) has engaged in conduct that would result in dismissal from the public service if the member were a public service officer; or\n- (d) resigns the office by signed notice given to the Minister.\n- (i) is mentally or physically incapable of satisfactorily performing the member’s functions; or\n- (ii) has performed the member’s functions carelessly, incompetently or inefficiently; or\n- (iii) has engaged in conduct that would result in dismissal from the public service if the member were a public service officer; or","sortOrder":415},{"sectionNumber":"sec.150DS","sectionType":"section","heading":"Acting president","content":"### sec.150DS Acting president\n\nThe deputy president may act as the president for a period of not more than 6 months during—\na vacancy in the office of the president; or\na period the president is absent, or can not perform the duties of the office because of a conflict of interest or for any other reason.\nThe Minister may appoint a casual member to act as the president for no more than 3 months in a 12-month period if—\nthe office of deputy president is vacant; or\nthe deputy president is absent or can not perform the duties of the office because of a conflict of interest or for any other reason.\ns 150DS ins 2018 No. 8 s 12\namd 2023 No. 30 s 80\n(sec.150DS-ssec.1) The deputy president may act as the president for a period of not more than 6 months during— a vacancy in the office of the president; or a period the president is absent, or can not perform the duties of the office because of a conflict of interest or for any other reason.\n(sec.150DS-ssec.2) The Minister may appoint a casual member to act as the president for no more than 3 months in a 12-month period if— the office of deputy president is vacant; or the deputy president is absent or can not perform the duties of the office because of a conflict of interest or for any other reason.\n- (a) a vacancy in the office of the president; or\n- (b) a period the president is absent, or can not perform the duties of the office because of a conflict of interest or for any other reason.\n- (a) the office of deputy president is vacant; or\n- (b) the deputy president is absent or can not perform the duties of the office because of a conflict of interest or for any other reason.","sortOrder":416},{"sectionNumber":"sec.150DSA","sectionType":"section","heading":"Protection and immunity for members in performing particular functions","content":"### sec.150DSA Protection and immunity for members in performing particular functions\n\nIn performing a function of the conduct tribunal under chapter 5A , part 3 , division 6 or chapter 7 , part 1 , a member of the tribunal has the same protection and immunity as a Supreme Court judge performing a judicial function.\ns 150DSA ins 2020 No. 20 s 103A","sortOrder":417},{"sectionNumber":"sec.150DT","sectionType":"section","heading":"Conflict of interest","content":"### sec.150DT Conflict of interest\n\nThis section applies if a member has an interest that may conflict with a fair and impartial hearing about the conduct of a councillor.\nThe member must not take part, or take further part, in consideration of the matter.\nMaximum penalty—35 penalty units.\nAs soon as practicable after the member becomes aware this section applies, the member must give a notice about the matter—\nif the member is the president—to the Minister; or\notherwise—to the president.\nMaximum penalty—35 penalty units.\nIf both the president and deputy president give the Minister a notice about a conflict of interest in relation to a matter, the Minister must nominate a casual member to act as the president in relation to the matter.\ns 150DT ins 2018 No. 8 s 12\namd 2023 No. 30 s 81\n(sec.150DT-ssec.1) This section applies if a member has an interest that may conflict with a fair and impartial hearing about the conduct of a councillor.\n(sec.150DT-ssec.2) The member must not take part, or take further part, in consideration of the matter. Maximum penalty—35 penalty units.\n(sec.150DT-ssec.3) As soon as practicable after the member becomes aware this section applies, the member must give a notice about the matter— if the member is the president—to the Minister; or otherwise—to the president. Maximum penalty—35 penalty units.\n(sec.150DT-ssec.4) If both the president and deputy president give the Minister a notice about a conflict of interest in relation to a matter, the Minister must nominate a casual member to act as the president in relation to the matter.\n- (a) if the member is the president—to the Minister; or\n- (b) otherwise—to the president.","sortOrder":418},{"sectionNumber":"sec.150DU","sectionType":"section","heading":"Costs of conduct tribunal to be met by local government","content":"### sec.150DU Costs of conduct tribunal to be met by local government\n\nA local government must pay the costs of the conduct tribunal for a hearing under part 3 , division 6 about the misconduct or conduct breach of a councillor.\nFor subsection (1) , the costs of the conduct tribunal include the remuneration, allowances and expenses paid to a member of the conduct tribunal conducting the hearing.\ns 150DU ins 2018 No. 8 s 12\namd 2019 No. 30 s 102 ; 2023 No. 30 s 82\namd 2026 No. 5 s 103 (uncommenced amendment)\n(sec.150DU-ssec.1) A local government must pay the costs of the conduct tribunal for a hearing under part 3 , division 6 about the misconduct or conduct breach of a councillor.\n(sec.150DU-ssec.2) For subsection (1) , the costs of the conduct tribunal include the remuneration, allowances and expenses paid to a member of the conduct tribunal conducting the hearing.","sortOrder":419},{"sectionNumber":"sec.150DV","sectionType":"section","heading":"Practice directions","content":"### sec.150DV Practice directions\n\nThe president may issue practice directions for conducting a hearing.\nA practice direction must not be inconsistent with this Act or any requirements prescribed by regulation about procedures for a hearing.\nThe practice directions must be published on the department’s website.\ns 150DV ins 2018 No. 8 s 12\n(sec.150DV-ssec.1) The president may issue practice directions for conducting a hearing.\n(sec.150DV-ssec.2) A practice direction must not be inconsistent with this Act or any requirements prescribed by regulation about procedures for a hearing.\n(sec.150DV-ssec.3) The practice directions must be published on the department’s website.","sortOrder":420},{"sectionNumber":"sec.150DW","sectionType":"section","heading":"Assistance from departmental staff","content":"### sec.150DW Assistance from departmental staff\n\nThe department’s chief executive must make available to the conduct tribunal the help from public service employees employed in the department that the conduct tribunal needs to effectively perform its functions.\ns 150DW ins 2018 No. 8 s 12","sortOrder":421},{"sectionNumber":"ch.5A-pt.6","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":422},{"sectionNumber":"ch.5A-pt.6-div.1","sectionType":"division","heading":"Councillor conduct register","content":"## Councillor conduct register","sortOrder":423},{"sectionNumber":"sec.150DX","sectionType":"section","heading":"Local governments to keep and publish register","content":"### sec.150DX Local governments to keep and publish register\n\nA local government must keep an up-to-date register (a councillor conduct register ) about the following matters for the local government—\norders made about the unsuitable meeting conduct of councillors, including the chairperson, at its local government meetings;\ndecisions not to start, or to discontinue, investigations of suspected conduct breaches of councillors under section 150AEA ;\ndecisions about the suspected conduct breaches of councillors referred to the local government under part 3 , division 5 ;\ndecisions about whether or not councillors engaged in misconduct or a conduct breach made by the conduct tribunal under part 3 , division 6 .\nThe local government must—\npublish the register on the local government’s website; and\nensure the public may inspect the register, or purchase a copy of an entry in the register, at the local government’s public office.\nHowever, subsection (2) does not apply to information recorded in the register that is part of a public interest disclosure under the Public Interest Disclosure Act 2010 .\ns 150DX ins 2018 No. 8 s 12\namd 2019 No. 30 s 103 ; 2023 No. 30 s 83\namd 2026 No. 5 s 104 (uncommenced amendment)\n(sec.150DX-ssec.1) A local government must keep an up-to-date register (a councillor conduct register ) about the following matters for the local government— orders made about the unsuitable meeting conduct of councillors, including the chairperson, at its local government meetings; decisions not to start, or to discontinue, investigations of suspected conduct breaches of councillors under section 150AEA ; decisions about the suspected conduct breaches of councillors referred to the local government under part 3 , division 5 ; decisions about whether or not councillors engaged in misconduct or a conduct breach made by the conduct tribunal under part 3 , division 6 .\n(sec.150DX-ssec.2) The local government must— publish the register on the local government’s website; and ensure the public may inspect the register, or purchase a copy of an entry in the register, at the local government’s public office.\n(sec.150DX-ssec.3) However, subsection (2) does not apply to information recorded in the register that is part of a public interest disclosure under the Public Interest Disclosure Act 2010 .\n- (a) orders made about the unsuitable meeting conduct of councillors, including the chairperson, at its local government meetings;\n- (b) decisions not to start, or to discontinue, investigations of suspected conduct breaches of councillors under section 150AEA ;\n- (c) decisions about the suspected conduct breaches of councillors referred to the local government under part 3 , division 5 ;\n- (d) decisions about whether or not councillors engaged in misconduct or a conduct breach made by the conduct tribunal under part 3 , division 6 .\n- (a) publish the register on the local government’s website; and\n- (b) ensure the public may inspect the register, or purchase a copy of an entry in the register, at the local government’s public office.","sortOrder":424},{"sectionNumber":"sec.150DY","sectionType":"section","heading":"Content of register—decisions","content":"### sec.150DY Content of register—decisions\n\nThis section applies to each of the following decisions—\na decision by a chairperson of a local government meeting to make an order against a councillor under section 150I (2) for unsuitable meeting conduct;\na decision by the local government to make an order against the chairperson under section 150IA for unsuitable meeting conduct;\na decision by the local government about the suspected conduct breach of a councillor referred to the local government under part 3 , division 5 and any action taken to discipline the councillor;\na decision by the local government under section 150AEA not to start, or to discontinue, an investigation of a matter the subject of a referral notice;\na decision about the misconduct or conduct breach of a councillor made by the conduct tribunal under part 3 , division 6 and any action taken to discipline the councillor.\nThe councillor conduct register must include the following details for the decision—\na summary of the decision and the reasons for the decision;\nthe name of the councillor about whom the decision was made;\nthe date of the decision.\nSee section 150AS (2) (b) and (4) for the conduct tribunal’s obligation to give the local government a notice about a decision of the conduct tribunal.\nHowever, the name of the councillor whose conduct is the subject of the decision may be included in the entry in the register for the decision only if—\nthe decision relates to an order made against the councillor for unsuitable meeting conduct; or\nthe local government or conduct tribunal decided the councillor engaged in a conduct breach or misconduct; or\nthe councillor agrees to the councillor’s name being included.\nA summary of the decision included in the register must not include the name of any person, or information that could reasonably be expected to result in identifying a person, other than the name of the councillor under subsection (2) (b) and (3) .\ns 150DY ins 2018 No. 8 s 12\namd 2019 No. 30 s 104 ; 2023 No. 30 s 84 ; 2026 No. 5 s 61\namd 2026 No. 5 s 105 (uncommenced amendment)\n(sec.150DY-ssec.1) This section applies to each of the following decisions— a decision by a chairperson of a local government meeting to make an order against a councillor under section 150I (2) for unsuitable meeting conduct; a decision by the local government to make an order against the chairperson under section 150IA for unsuitable meeting conduct; a decision by the local government about the suspected conduct breach of a councillor referred to the local government under part 3 , division 5 and any action taken to discipline the councillor; a decision by the local government under section 150AEA not to start, or to discontinue, an investigation of a matter the subject of a referral notice; a decision about the misconduct or conduct breach of a councillor made by the conduct tribunal under part 3 , division 6 and any action taken to discipline the councillor.\n(sec.150DY-ssec.2) The councillor conduct register must include the following details for the decision— a summary of the decision and the reasons for the decision; the name of the councillor about whom the decision was made; the date of the decision. See section 150AS (2) (b) and (4) for the conduct tribunal’s obligation to give the local government a notice about a decision of the conduct tribunal.\n(sec.150DY-ssec.3) However, the name of the councillor whose conduct is the subject of the decision may be included in the entry in the register for the decision only if— the decision relates to an order made against the councillor for unsuitable meeting conduct; or the local government or conduct tribunal decided the councillor engaged in a conduct breach or misconduct; or the councillor agrees to the councillor’s name being included.\n(sec.150DY-ssec.4) A summary of the decision included in the register must not include the name of any person, or information that could reasonably be expected to result in identifying a person, other than the name of the councillor under subsection (2) (b) and (3) .\n- (a) a decision by a chairperson of a local government meeting to make an order against a councillor under section 150I (2) for unsuitable meeting conduct;\n- (b) a decision by the local government to make an order against the chairperson under section 150IA for unsuitable meeting conduct;\n- (c) a decision by the local government about the suspected conduct breach of a councillor referred to the local government under part 3 , division 5 and any action taken to discipline the councillor;\n- (d) a decision by the local government under section 150AEA not to start, or to discontinue, an investigation of a matter the subject of a referral notice;\n- (e) a decision about the misconduct or conduct breach of a councillor made by the conduct tribunal under part 3 , division 6 and any action taken to discipline the councillor.\n- (a) a summary of the decision and the reasons for the decision;\n- (b) the name of the councillor about whom the decision was made;\n- (c) the date of the decision.\n- (aa) the decision relates to an order made against the councillor for unsuitable meeting conduct; or\n- (a) the local government or conduct tribunal decided the councillor engaged in a conduct breach or misconduct; or\n- (b) the councillor agrees to the councillor’s name being included.","sortOrder":425},{"sectionNumber":"sec.150DZ","sectionType":"section","heading":null,"content":"### Section sec.150DZ\n\ns 150DZ ins 2018 No. 8 s 12\nom 2023 No. 30 s 85","sortOrder":426},{"sectionNumber":"ch.5A-pt.6-div.2","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":427},{"sectionNumber":"sec.150EA","sectionType":"section","heading":"Secrecy","content":"### sec.150EA Secrecy\n\nThis section applies to a person who—\nis, or has been, the assessor, an investigator or a staff member of the Office of the Independent Assessor; and\nobtains confidential information in the course of performing, or because of, the person’s functions under this Act.\nThe person must not—\nmake a record of the confidential information; or\ndirectly or indirectly disclose the confidential information to another person; or\nuse the confidential information to benefit a person or cause detriment to a person.\nMaximum penalty—100 penalty units.\nHowever, subsection (2) does not apply to a person if the record is made, or the confidential information is disclosed or used—\nin the performance of the person’s functions under this Act; or\nwith the consent of the person to whom the information relates; or\nas otherwise required or permitted by law.\nIn this section—\nconfidential information means information, other than information that is publicly available—\nabout a person’s personal affairs or reputation; or\nthat would be likely to damage the commercial activities of a person to whom the information relates.\ns 150EA ins 2018 No. 8 s 12\n(sec.150EA-ssec.1) This section applies to a person who— is, or has been, the assessor, an investigator or a staff member of the Office of the Independent Assessor; and obtains confidential information in the course of performing, or because of, the person’s functions under this Act.\n(sec.150EA-ssec.2) The person must not— make a record of the confidential information; or directly or indirectly disclose the confidential information to another person; or use the confidential information to benefit a person or cause detriment to a person. Maximum penalty—100 penalty units.\n(sec.150EA-ssec.3) However, subsection (2) does not apply to a person if the record is made, or the confidential information is disclosed or used— in the performance of the person’s functions under this Act; or with the consent of the person to whom the information relates; or as otherwise required or permitted by law.\n(sec.150EA-ssec.4) In this section— confidential information means information, other than information that is publicly available— about a person’s personal affairs or reputation; or that would be likely to damage the commercial activities of a person to whom the information relates.\n- (a) is, or has been, the assessor, an investigator or a staff member of the Office of the Independent Assessor; and\n- (b) obtains confidential information in the course of performing, or because of, the person’s functions under this Act.\n- (a) make a record of the confidential information; or\n- (b) directly or indirectly disclose the confidential information to another person; or\n- (c) use the confidential information to benefit a person or cause detriment to a person.\n- (a) in the performance of the person’s functions under this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) as otherwise required or permitted by law.\n- (a) about a person’s personal affairs or reputation; or\n- (b) that would be likely to damage the commercial activities of a person to whom the information relates.","sortOrder":428},{"sectionNumber":"sec.150EB","sectionType":"section","heading":"Annual report","content":"### sec.150EB Annual report\n\nAs soon as practicable after the end of each financial year, but no later than 3 months after the end of the financial year, the assessor must give the Minister a written report about the operation of the Office of the Independent Assessor during the year.\nWithout limiting subsection (1) , the report must include—\na description of the following matters for the year—\ncomplaints made, or referred, to the assessor about the conduct of councillors;\ndecisions under section 150SD or 150W in relation to preliminary assessments or investigations;\ninvestigations conducted by the office;\nrequests for further information under section 150SC that have not been complied with;\ndecisions not to start, or to discontinue, investigations under section 150AEA ;\ndecisions under section 150AG in relation to suspected conduct breaches;\nmatters relating to suspected conduct breaches of councillors for which a decision has not yet been made under section 150AG , other than matters mentioned in subparagraph (v) ;\nsuspected corrupt conduct notified by the assessor to the Crime and Corruption Commission;\ndecisions about whether councillors engaged in misconduct or conduct breaches made by the conduct tribunal;\ndecisions made under sections 150AWA , 150AWB and 150AWC ; and\ndetails about the number of times each power under part 4 was exercised by the assessor and other investigators during the year; and\ndetails of other functions performed by the assessor during the year.\nThe report must be prepared in a way that does not disclose the identity of a person who made a complaint about the conduct of a councillor or the identity of a person investigated.\nThe Minister must ensure a copy of the report is tabled in the Legislative Assembly as soon as practicable after the report is given to the Minister.\ns 150EB ins 2018 No. 8 s 12\namd 2019 No. 30 s 105 ; 2023 No. 30 s 86\namd 2026 No. 5 s 106 (uncommenced amendment)\n(sec.150EB-ssec.1) As soon as practicable after the end of each financial year, but no later than 3 months after the end of the financial year, the assessor must give the Minister a written report about the operation of the Office of the Independent Assessor during the year.\n(sec.150EB-ssec.2) Without limiting subsection (1) , the report must include— a description of the following matters for the year— complaints made, or referred, to the assessor about the conduct of councillors; decisions under section 150SD or 150W in relation to preliminary assessments or investigations; investigations conducted by the office; requests for further information under section 150SC that have not been complied with; decisions not to start, or to discontinue, investigations under section 150AEA ; decisions under section 150AG in relation to suspected conduct breaches; matters relating to suspected conduct breaches of councillors for which a decision has not yet been made under section 150AG , other than matters mentioned in subparagraph (v) ; suspected corrupt conduct notified by the assessor to the Crime and Corruption Commission; decisions about whether councillors engaged in misconduct or conduct breaches made by the conduct tribunal; decisions made under sections 150AWA , 150AWB and 150AWC ; and details about the number of times each power under part 4 was exercised by the assessor and other investigators during the year; and details of other functions performed by the assessor during the year.\n(sec.150EB-ssec.3) The report must be prepared in a way that does not disclose the identity of a person who made a complaint about the conduct of a councillor or the identity of a person investigated.\n(sec.150EB-ssec.4) The Minister must ensure a copy of the report is tabled in the Legislative Assembly as soon as practicable after the report is given to the Minister.\n- (a) a description of the following matters for the year— (i) complaints made, or referred, to the assessor about the conduct of councillors; (ii) decisions under section 150SD or 150W in relation to preliminary assessments or investigations; (iii) investigations conducted by the office; (iv) requests for further information under section 150SC that have not been complied with; (v) decisions not to start, or to discontinue, investigations under section 150AEA ; (vi) decisions under section 150AG in relation to suspected conduct breaches; (vii) matters relating to suspected conduct breaches of councillors for which a decision has not yet been made under section 150AG , other than matters mentioned in subparagraph (v) ; (viii) suspected corrupt conduct notified by the assessor to the Crime and Corruption Commission; (ix) decisions about whether councillors engaged in misconduct or conduct breaches made by the conduct tribunal; (x) decisions made under sections 150AWA , 150AWB and 150AWC ; and\n- (i) complaints made, or referred, to the assessor about the conduct of councillors;\n- (ii) decisions under section 150SD or 150W in relation to preliminary assessments or investigations;\n- (iii) investigations conducted by the office;\n- (iv) requests for further information under section 150SC that have not been complied with;\n- (v) decisions not to start, or to discontinue, investigations under section 150AEA ;\n- (vi) decisions under section 150AG in relation to suspected conduct breaches;\n- (vii) matters relating to suspected conduct breaches of councillors for which a decision has not yet been made under section 150AG , other than matters mentioned in subparagraph (v) ;\n- (viii) suspected corrupt conduct notified by the assessor to the Crime and Corruption Commission;\n- (ix) decisions about whether councillors engaged in misconduct or conduct breaches made by the conduct tribunal;\n- (x) decisions made under sections 150AWA , 150AWB and 150AWC ; and\n- (b) details about the number of times each power under part 4 was exercised by the assessor and other investigators during the year; and\n- (c) details of other functions performed by the assessor during the year.\n- (i) complaints made, or referred, to the assessor about the conduct of councillors;\n- (ii) decisions under section 150SD or 150W in relation to preliminary assessments or investigations;\n- (iii) investigations conducted by the office;\n- (iv) requests for further information under section 150SC that have not been complied with;\n- (v) decisions not to start, or to discontinue, investigations under section 150AEA ;\n- (vi) decisions under section 150AG in relation to suspected conduct breaches;\n- (vii) matters relating to suspected conduct breaches of councillors for which a decision has not yet been made under section 150AG , other than matters mentioned in subparagraph (v) ;\n- (viii) suspected corrupt conduct notified by the assessor to the Crime and Corruption Commission;\n- (ix) decisions about whether councillors engaged in misconduct or conduct breaches made by the conduct tribunal;\n- (x) decisions made under sections 150AWA , 150AWB and 150AWC ; and","sortOrder":429},{"sectionNumber":"sec.150EC","sectionType":"section","heading":"Approved forms","content":"### sec.150EC Approved forms\n\nThe assessor may approve forms for use under this chapter.\ns 150EC ins 2018 No. 8 s 12","sortOrder":430},{"sectionNumber":"ch.5B-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":431},{"sectionNumber":"sec.150ED","sectionType":"section","heading":"Purpose of chapter","content":"### sec.150ED Purpose of chapter\n\nThe purpose of this chapter is to ensure that if a councillor has a personal interest in a matter, the local government deals with the matter in an accountable and transparent way that meets community expectations.\ns 150ED ins 2020 No. 20 s 104\nsub 2026 No. 5 s 107 (uncommenced amendment)","sortOrder":432},{"sectionNumber":"sec.150EE","sectionType":"section","heading":"When does a person participate in a decision","content":"### sec.150EE When does a person participate in a decision\n\nWithout limiting when a person participates in a decision, in this chapter, a reference to a councillor of a local government, or other person, participating in a decision includes a reference to the councillor or other person—\nif the councillor or other person is wholly or partly responsible for making the decision—considering or discussing the matter to which the decision relates before the decision is made; and\nconsidering, discussing or voting on the decision in a local government meeting; and\nconsidering or making the decision under—\nan Act; or\na delegation; or\nanother authority.\ns 150EE ins 2020 No. 20 s 104\nsub 2026 No. 5 s 107 (uncommenced amendment)\n- (aa) if the councillor or other person is wholly or partly responsible for making the decision—considering or discussing the matter to which the decision relates before the decision is made; and\n- (a) considering, discussing or voting on the decision in a local government meeting; and\n- (b) considering or making the decision under— (i) an Act; or (ii) a delegation; or (iii) another authority.\n- (i) an Act; or\n- (ii) a delegation; or\n- (iii) another authority.\n- (i) an Act; or\n- (ii) a delegation; or\n- (iii) another authority.","sortOrder":433},{"sectionNumber":"sec.150EF","sectionType":"section","heading":"Personal interests in ordinary business matters of a local government","content":"### sec.150EF Personal interests in ordinary business matters of a local government\n\nThis chapter does not apply in relation to a conflict of interest in a matter if the matter—\nis solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or\nis solely, or relates solely to—\nmaking a planning scheme that applies to the whole of the local government area; or\namending a planning scheme, if the amendment applies to the whole of the local government area; or\nis solely, or relates solely to, the preparation, adoption or amendment of a budget for the local government; or\nis solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the local government is required to prepare or adopt under a Local Government Act; or\nis solely, or relates solely to—\nthe making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or\na councillor representing the local government in an official capacity at an event held by a government agency or an entity that is wholly owned by the local government; or\nis solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or\nis solely, or relates solely to—\nthe remuneration or reimbursement of expenses of councillors or members of a committee of the local government; or\nthe provision of superannuation entitlements or insurance for councillors; or\na matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the local government.\nAlso, this chapter does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the local government to be a member of the board of the corporation or association.\nIn addition, this chapter does not apply in relation to a councillor’s conflict of interest in a matter if the councillor, close associate or related party of the councillor, or the donor mentioned in section 150EG (1) (a) or 150EH (1) (a) stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in the local government area stand to gain or lose.\nHowever, if a councillor decides to voluntarily comply with this chapter in relation to personal interests of the councillor in the matter—\nthe personal interests are taken to be a declarable conflict of interest; and\nthis chapter applies as if eligible councillors had, under section 150ER (2) , decided the councillor has a declarable conflict of interest in the matter.\nSee section 150ES for requirements for dealing with a conflict of interest mentioned in this subsection.\nIn this section—\ngovernment agency means—\nthe State, a government entity or another local government; or\nanother Australian government or an entity of another Australian government; or\na local government of another State.\ns 150EF ins 2020 No. 20 s 104\namd 2023 No. 30 s 87\nsub 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EF-ssec.1) This chapter does not apply in relation to a conflict of interest in a matter if the matter— is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or is solely, or relates solely to— making a planning scheme that applies to the whole of the local government area; or amending a planning scheme, if the amendment applies to the whole of the local government area; or is solely, or relates solely to, the preparation, adoption or amendment of a budget for the local government; or is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the local government is required to prepare or adopt under a Local Government Act; or is solely, or relates solely to— the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or a councillor representing the local government in an official capacity at an event held by a government agency or an entity that is wholly owned by the local government; or is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or is solely, or relates solely to— the remuneration or reimbursement of expenses of councillors or members of a committee of the local government; or the provision of superannuation entitlements or insurance for councillors; or a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the local government.\n(sec.150EF-ssec.2) Also, this chapter does not apply in relation to a councillor’s conflict of interest in a matter relating to a corporation or association that arises solely because of a nomination or appointment of the councillor by the local government to be a member of the board of the corporation or association.\n(sec.150EF-ssec.3) In addition, this chapter does not apply in relation to a councillor’s conflict of interest in a matter if the councillor, close associate or related party of the councillor, or the donor mentioned in section 150EG (1) (a) or 150EH (1) (a) stands to gain a benefit or suffer a loss in relation to the matter that is no greater than the benefit or loss that a significant proportion of persons in the local government area stand to gain or lose.\n(sec.150EF-ssec.4) However, if a councillor decides to voluntarily comply with this chapter in relation to personal interests of the councillor in the matter— the personal interests are taken to be a declarable conflict of interest; and this chapter applies as if eligible councillors had, under section 150ER (2) , decided the councillor has a declarable conflict of interest in the matter. See section 150ES for requirements for dealing with a conflict of interest mentioned in this subsection.\n(sec.150EF-ssec.5) In this section— government agency means— the State, a government entity or another local government; or another Australian government or an entity of another Australian government; or a local government of another State.\n- (a) is solely, or relates solely to, the making or levying of rates and charges, or the fixing of a cost-recovery fee, by the local government; or\n- (b) is solely, or relates solely to— (i) making a planning scheme that applies to the whole of the local government area; or (ii) amending a planning scheme, if the amendment applies to the whole of the local government area; or\n- (i) making a planning scheme that applies to the whole of the local government area; or\n- (ii) amending a planning scheme, if the amendment applies to the whole of the local government area; or\n- (c) is solely, or relates solely to, the preparation, adoption or amendment of a budget for the local government; or\n- (d) is solely, or relates solely to, preparing, adopting or amending a document prescribed by regulation that the local government is required to prepare or adopt under a Local Government Act; or\n- (e) is solely, or relates solely to— (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or (ii) a councillor representing the local government in an official capacity at an event held by a government agency or an entity that is wholly owned by the local government; or\n- (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or\n- (ii) a councillor representing the local government in an official capacity at an event held by a government agency or an entity that is wholly owned by the local government; or\n- (f) is solely, or relates solely to, employment-related or upgraded travel or accommodation undertaken or used by a councillor, or close associate or related party of a councillor; or\n- (g) is solely, or relates solely to— (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the local government; or (ii) the provision of superannuation entitlements or insurance for councillors; or (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the local government.\n- (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the local government; or\n- (ii) the provision of superannuation entitlements or insurance for councillors; or\n- (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the local government.\n- (i) making a planning scheme that applies to the whole of the local government area; or\n- (ii) amending a planning scheme, if the amendment applies to the whole of the local government area; or\n- (i) the making of a donation to a religious, charitable or non-profit institution or organisation, unless a councillor, or close associate or related party of a councillor, receives a benefit because of the donation that is more than merely a benefit relating to reputation; or\n- (ii) a councillor representing the local government in an official capacity at an event held by a government agency or an entity that is wholly owned by the local government; or\n- (i) the remuneration or reimbursement of expenses of councillors or members of a committee of the local government; or\n- (ii) the provision of superannuation entitlements or insurance for councillors; or\n- (iii) a matter of interest to the councillor solely as a candidate for election or appointment as mayor, deputy mayor, councillor or member of a committee of the local government.\n- (a) the personal interests are taken to be a declarable conflict of interest; and\n- (b) this chapter applies as if eligible councillors had, under section 150ER (2) , decided the councillor has a declarable conflict of interest in the matter.\n- (a) the State, a government entity or another local government; or\n- (b) another Australian government or an entity of another Australian government; or\n- (c) a local government of another State.","sortOrder":434},{"sectionNumber":"ch.5B-pt.2","sectionType":"part","heading":"Prescribed conflicts of interest","content":"# Prescribed conflicts of interest","sortOrder":435},{"sectionNumber":"sec.150EG","sectionType":"section","heading":"When councillor has prescribed conflict of interest —particular gifts or loans","content":"### sec.150EG When councillor has prescribed conflict of interest —particular gifts or loans\n\nA councillor has a prescribed conflict of interest in a matter if—\na gift or loan is given by an entity (the donor ) that has an interest in the matter in a circumstance mentioned in subsection (2) ; and\nthe gift or loan is given during the relevant term for the councillor; and\nall gifts, loans or sponsored travel or accommodation benefits under section 150EH given by the donor to the councillor, or a close associate of the councillor, during the councillor’s relevant term total $2,000 or more.\nFor subsection (1) (a) , the circumstances are—\nwhere—\nthe donor gives the gift or loan to the councillor; and\nthe gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 ; or\nwhere—\nthe donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and\nthe councillor is a candidate in the election; and\nthe gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 or the Electoral Act , part 11 , division 11 ; or\nwhere the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b) .\nSubsection (3) applies for gifts or loans given by a donor—\nto a group of candidates when the councillor is a member of the group; or\nto a political party that endorses the councillor.\nFor working out the total gifts or loans given by the donor for subsection (1) (a) , the amount of each gift or loan given to the group or political party must first be divided by—\nfor a group of candidates for an election—the total number of candidates who are members of the group; or\nfor a political party endorsing the candidate for an election—the total number of candidates endorsed by the political party in Queensland on the nomination day for the election under the Local Government Electoral Act 2011 .\ns 150EG ins 2020 No. 20 s 104\namd 2023 No. 8 s 59 sch 1\nsub 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EG-ssec.1) A councillor has a prescribed conflict of interest in a matter if— a gift or loan is given by an entity (the donor ) that has an interest in the matter in a circumstance mentioned in subsection (2) ; and the gift or loan is given during the relevant term for the councillor; and all gifts, loans or sponsored travel or accommodation benefits under section 150EH given by the donor to the councillor, or a close associate of the councillor, during the councillor’s relevant term total $2,000 or more.\n(sec.150EG-ssec.2) For subsection (1) (a) , the circumstances are— where— the donor gives the gift or loan to the councillor; and the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 ; or where— the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and the councillor is a candidate in the election; and the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 or the Electoral Act , part 11 , division 11 ; or where the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b) .\n(sec.150EG-ssec.2A) Subsection (3) applies for gifts or loans given by a donor— to a group of candidates when the councillor is a member of the group; or to a political party that endorses the councillor.\n(sec.150EG-ssec.3) For working out the total gifts or loans given by the donor for subsection (1) (a) , the amount of each gift or loan given to the group or political party must first be divided by— for a group of candidates for an election—the total number of candidates who are members of the group; or for a political party endorsing the candidate for an election—the total number of candidates endorsed by the political party in Queensland on the nomination day for the election under the Local Government Electoral Act 2011 .\n- (a) a gift or loan is given by an entity (the donor ) that has an interest in the matter in a circumstance mentioned in subsection (2) ; and\n- (b) the gift or loan is given during the relevant term for the councillor; and\n- (c) all gifts, loans or sponsored travel or accommodation benefits under section 150EH given by the donor to the councillor, or a close associate of the councillor, during the councillor’s relevant term total $2,000 or more.\n- (a) where— (i) the donor gives the gift or loan to the councillor; and (ii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 ; or\n- (i) the donor gives the gift or loan to the councillor; and\n- (ii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 ; or\n- (b) where— (i) the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and (ii) the councillor is a candidate in the election; and (iii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 or the Electoral Act , part 11 , division 11 ; or\n- (i) the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and\n- (ii) the councillor is a candidate in the election; and\n- (iii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 or the Electoral Act , part 11 , division 11 ; or\n- (c) where the donor gives a gift to the councillor, or a close associate of the councillor, other than in a circumstance mentioned in paragraph (a) or (b) .\n- (i) the donor gives the gift or loan to the councillor; and\n- (ii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 ; or\n- (i) the donor gives the gift or loan to a group of candidates for an election when the councillor is a member of the group, or a political party that endorses the councillor for an election; and\n- (ii) the councillor is a candidate in the election; and\n- (iii) the gift or loan is required to be the subject of a return under the Local Government Electoral Act , part 6 or the Electoral Act , part 11 , division 11 ; or\n- (a) to a group of candidates when the councillor is a member of the group; or\n- (b) to a political party that endorses the councillor.\n- (a) for a group of candidates for an election—the total number of candidates who are members of the group; or\n- (b) for a political party endorsing the candidate for an election—the total number of candidates endorsed by the political party in Queensland on the nomination day for the election under the Local Government Electoral Act 2011 .","sortOrder":436},{"sectionNumber":"sec.150EH","sectionType":"section","heading":"When councillor has prescribed conflict of interest —sponsored travel or accommodation benefits","content":"### sec.150EH When councillor has prescribed conflict of interest —sponsored travel or accommodation benefits\n\nA councillor has a prescribed conflict of interest in a matter if—\na sponsored travel or accommodation benefit is given by an entity (the donor ) that has an interest in the matter to—\nthe councillor; or\na close associate of the councillor; and\nthe sponsored travel or accommodation benefit is given—\nduring the relevant term for the councillor; and\nwhile the councillor holds office as councillor; and\nall gifts, loans or sponsored travel or accommodation benefits given by the donor to the councillor or close associate during the councillor’s relevant term total $2,000 or more.\nSection 150EG (2A) and (3) applies for working out the total gifts or loans given by the donor for subsection (1) (c) .\nIn this section—\nsponsored travel or accommodation benefit , received by a person, means travel or accommodation undertaken or used by the person, other than employment-related or upgraded travel or accommodation, if—\nanother entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and\nthe other entity is not the person’s spouse, other family member or friend.\ns 150EH ins 2020 No. 20 s 104\namd 2023 No. 30 s 88\nsub 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EH-ssec.1) A councillor has a prescribed conflict of interest in a matter if— a sponsored travel or accommodation benefit is given by an entity (the donor ) that has an interest in the matter to— the councillor; or a close associate of the councillor; and the sponsored travel or accommodation benefit is given— during the relevant term for the councillor; and while the councillor holds office as councillor; and all gifts, loans or sponsored travel or accommodation benefits given by the donor to the councillor or close associate during the councillor’s relevant term total $2,000 or more.\n(sec.150EH-ssec.1A) Section 150EG (2A) and (3) applies for working out the total gifts or loans given by the donor for subsection (1) (c) .\n(sec.150EH-ssec.2) In this section— sponsored travel or accommodation benefit , received by a person, means travel or accommodation undertaken or used by the person, other than employment-related or upgraded travel or accommodation, if— another entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and the other entity is not the person’s spouse, other family member or friend.\n- (a) a sponsored travel or accommodation benefit is given by an entity (the donor ) that has an interest in the matter to— (i) the councillor; or (ii) a close associate of the councillor; and\n- (i) the councillor; or\n- (ii) a close associate of the councillor; and\n- (b) the sponsored travel or accommodation benefit is given— (i) during the relevant term for the councillor; and (ii) while the councillor holds office as councillor; and\n- (i) during the relevant term for the councillor; and\n- (ii) while the councillor holds office as councillor; and\n- (c) all gifts, loans or sponsored travel or accommodation benefits given by the donor to the councillor or close associate during the councillor’s relevant term total $2,000 or more.\n- (i) the councillor; or\n- (ii) a close associate of the councillor; and\n- (i) during the relevant term for the councillor; and\n- (ii) while the councillor holds office as councillor; and\n- (a) another entity contributes, whether financially or non-financially, to the cost of the travel or accommodation; and\n- (b) the other entity is not the person’s spouse, other family member or friend.","sortOrder":437},{"sectionNumber":"sec.150EI","sectionType":"section","heading":"When councillor has prescribed conflict of interest —other","content":"### sec.150EI When councillor has prescribed conflict of interest —other\n\nA councillor has a prescribed conflict of interest in a matter if—\nthe matter is or relates to a contract between the local government and the councillor, or a close associate of the councillor, for—\nthe supply of goods or services to the local government; or\nthe lease or sale of assets by the local government; or\na person who is being considered for appointment as the chief executive officer of the local government is a close associate of the councillor and the matter is or relates to the appointment of the person; or\nthe chief executive officer is a close associate of the councillor and the matter is or relates to the appointment, discipline, termination, remuneration or other employment conditions of the chief executive officer; or\nthe matter is or relates to an application made to the local government for the grant of a licence, permit, registration or approval or consideration of another matter under a Local Government Act , if—\nthe application was made to the local government by the councillor or a close associate of the councillor; or\nthe councillor or a close associate of the councillor makes or has made a written submission to the local government in relation to the application before it is or was decided.\ns 150EI ins 2020 No. 20 s 104\nsub 2026 No. 5 s 107 (uncommenced amendment)\n- (a) the matter is or relates to a contract between the local government and the councillor, or a close associate of the councillor, for— (i) the supply of goods or services to the local government; or (ii) the lease or sale of assets by the local government; or\n- (i) the supply of goods or services to the local government; or\n- (ii) the lease or sale of assets by the local government; or\n- (aa) a person who is being considered for appointment as the chief executive officer of the local government is a close associate of the councillor and the matter is or relates to the appointment of the person; or\n- (b) the chief executive officer is a close associate of the councillor and the matter is or relates to the appointment, discipline, termination, remuneration or other employment conditions of the chief executive officer; or\n- (c) the matter is or relates to an application made to the local government for the grant of a licence, permit, registration or approval or consideration of another matter under a Local Government Act , if— (i) the application was made to the local government by the councillor or a close associate of the councillor; or (ii) the councillor or a close associate of the councillor makes or has made a written submission to the local government in relation to the application before it is or was decided.\n- (i) the application was made to the local government by the councillor or a close associate of the councillor; or\n- (ii) the councillor or a close associate of the councillor makes or has made a written submission to the local government in relation to the application before it is or was decided.\n- (i) the supply of goods or services to the local government; or\n- (ii) the lease or sale of assets by the local government; or\n- (i) the application was made to the local government by the councillor or a close associate of the councillor; or\n- (ii) the councillor or a close associate of the councillor makes or has made a written submission to the local government in relation to the application before it is or was decided.","sortOrder":438},{"sectionNumber":"sec.150EJ","sectionType":"section","heading":"Who is a close associate of a councillor","content":"### sec.150EJ Who is a close associate of a councillor\n\nA person is a close associate of a councillor if the person is any of the following in relation to the councillor—\na spouse;\na parent, child or sibling;\na partner in a partnership;\nan employer, other than a government entity;\nan entity, other than a government entity, for which the councillor is an executive officer or board member;\nan entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act , section 9 .\nHowever, the person is a close associate of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\ns 150EJ ins 2020 No. 20 s 104\namd 2023 No. 30 s 89\nsub 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EJ-ssec.1) A person is a close associate of a councillor if the person is any of the following in relation to the councillor— a spouse; a parent, child or sibling; a partner in a partnership; an employer, other than a government entity; an entity, other than a government entity, for which the councillor is an executive officer or board member; an entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act , section 9 .\n(sec.150EJ-ssec.2) However, the person is a close associate of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\n- (a) a spouse;\n- (b) a parent, child or sibling;\n- (c) a partner in a partnership;\n- (d) an employer, other than a government entity;\n- (e) an entity, other than a government entity, for which the councillor is an executive officer or board member;\n- (f) an entity in which the councillor or a person mentioned in any of paragraphs (a) to (e) for the councillor has an interest, other than an interest of less than 5% in an entity that is a listed corporation under the Corporations Act , section 9 .","sortOrder":439},{"sectionNumber":"sec.150EK","sectionType":"section","heading":"Councillor must not participate in decisions","content":"### sec.150EK Councillor must not participate in decisions\n\nIf a councillor has a prescribed conflict of interest in a matter, the councillor must not participate in a decision relating to the matter.\nContravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\nHowever, the councillor does not contravene subsection (1) by participating in the decision under an approval given under section 150EV .\ns 150EK ins 2020 No. 20 s 104\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EK-ssec.1) If a councillor has a prescribed conflict of interest in a matter, the councillor must not participate in a decision relating to the matter. Contravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iv) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\n(sec.150EK-ssec.2) However, the councillor does not contravene subsection (1) by participating in the decision under an approval given under section 150EV .","sortOrder":440},{"sectionNumber":"sec.150EL","sectionType":"section","heading":"Obligation of councillor with prescribed conflict of interest","content":"### sec.150EL Obligation of councillor with prescribed conflict of interest\n\nThis section applies to a councillor if—\nthe councillor may participate, or is participating, in a decision about a matter; and\nthe councillor becomes aware the councillor has a prescribed conflict of interest in the matter.\nIf the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a local government meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4) .\nIf subsection (2) does not apply, the councillor must—\nas soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and\ngive notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at—\nthe next meeting of the local government; or\nif the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\nContravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\nFor subsections (2) and (3) , the particulars for the prescribed conflict of interest are the following—\nfor a gift, loan or contract—the value of the gift, loan or contract;\nfor an application for which a submission has been made—the matters the subject of the application and submission;\nthe name of any entity, other than the councillor, that has an interest in the matter;\nthe nature of the councillor’s relationship with the entity mentioned in paragraph (c) ;\ndetails of the councillor’s, and any other entity’s, interest in the matter.\ns 150EL ins 2020 No. 20 s 104\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EL-ssec.1) This section applies to a councillor if— the councillor may participate, or is participating, in a decision about a matter; and the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.\n(sec.150EL-ssec.2) If the councillor first becomes aware the councillor has the prescribed conflict of interest in the matter at a local government meeting, the councillor must immediately inform the meeting of the prescribed conflict of interest, including the particulars stated in subsection (4) .\n(sec.150EL-ssec.3) If subsection (2) does not apply, the councillor must— as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and give notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at— the next meeting of the local government; or if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee. Contravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\n(sec.150EL-ssec.4) For subsections (2) and (3) , the particulars for the prescribed conflict of interest are the following— for a gift, loan or contract—the value of the gift, loan or contract; for an application for which a submission has been made—the matters the subject of the application and submission; the name of any entity, other than the councillor, that has an interest in the matter; the nature of the councillor’s relationship with the entity mentioned in paragraph (c) ; details of the councillor’s, and any other entity’s, interest in the matter.\n- (a) the councillor may participate, or is participating, in a decision about a matter; and\n- (b) the councillor becomes aware the councillor has a prescribed conflict of interest in the matter.\n- (a) as soon as practicable, give the chief executive officer written notice of the prescribed conflict of interest, including the particulars stated in subsection (4) ; and\n- (b) give notice of the prescribed conflict of interest, including the particulars stated in subsection (4) , at— (i) the next meeting of the local government; or (ii) if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\n- (i) the next meeting of the local government; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\n- (i) the next meeting of the local government; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\n- (a) for a gift, loan or contract—the value of the gift, loan or contract;\n- (b) for an application for which a submission has been made—the matters the subject of the application and submission;\n- (c) the name of any entity, other than the councillor, that has an interest in the matter;\n- (d) the nature of the councillor’s relationship with the entity mentioned in paragraph (c) ;\n- (e) details of the councillor’s, and any other entity’s, interest in the matter.","sortOrder":441},{"sectionNumber":"sec.150EM","sectionType":"section","heading":"Dealing with prescribed conflict of interest at a meeting","content":"### sec.150EM Dealing with prescribed conflict of interest at a meeting\n\nThis section applies if a councillor gives a notice at, or informs, a meeting of the councillor’s prescribed conflict of interest in a matter.\nThe councillor must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nHowever, the councillor does not contravene subsection (2) by participating in a decision or being present under an approval given under section 150EV .\ns 150EM ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EM-ssec.1) This section applies if a councillor gives a notice at, or informs, a meeting of the councillor’s prescribed conflict of interest in a matter.\n(sec.150EM-ssec.2) The councillor must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the matter is discussed and voted on. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.150EM-ssec.3) However, the councillor does not contravene subsection (2) by participating in a decision or being present under an approval given under section 150EV .","sortOrder":442},{"sectionNumber":"ch.5B-pt.3","sectionType":"part","heading":"Declarable conflicts of interest","content":"# Declarable conflicts of interest","sortOrder":443},{"sectionNumber":"sec.150EN","sectionType":"section","heading":"What is a declarable conflict of interest","content":"### sec.150EN What is a declarable conflict of interest\n\nSubject to section 150EO , a councillor has a declarable conflict of interest in a matter if—\nthe councillor has, or could reasonably be presumed to have, a conflict between the councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest; and\nbecause of the conflict, the councillor’s participation in a decision about the matter might lead to a decision that is contrary to the public interest.\ns 150EN ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n- (a) the councillor has, or could reasonably be presumed to have, a conflict between the councillor’s personal interests, or the personal interests of a related party of the councillor, and the public interest; and\n- (b) because of the conflict, the councillor’s participation in a decision about the matter might lead to a decision that is contrary to the public interest.","sortOrder":444},{"sectionNumber":"sec.150EO","sectionType":"section","heading":"Interests that are not declarable conflicts of interest","content":"### sec.150EO Interests that are not declarable conflicts of interest\n\nA councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if—\nthe conflict of interest is a prescribed conflict of interest in the matter; or\nthe conflict of interest arises solely because—\nthe councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\nthe councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\nthe councillor, or a related party of the councillor, is a member of a political party; or\nthe councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\nthe conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or\nthe conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if—\nthe gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 150EG or 150EH if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and\nthe total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\nthe conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or\nthe conflict of interest arises solely because—\nthe councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or\nthe same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or\nthe councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\nFor subsection (1) (e) , for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 150EG or 150EH to a close associate of a councillor is taken to be a reference to a related party of the councillor.\nSection 150EG (2A) and (3) applies for working out, under subsection (1) (e) (ii) , the total gifts, loans and benefits given by the entity as if a reference in that section to a donor were a reference to the entity.\nIn this section—\npatron , of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative.\nsponsored travel or accommodation benefit see section 150EH .\ns 150EO ins 2020 No. 20 s 104\namd 2023 No. 30 s 90\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EO-ssec.1) A councillor who has a conflict of interest in a matter does not have a declarable conflict of interest in the matter if— the conflict of interest is a prescribed conflict of interest in the matter; or the conflict of interest arises solely because— the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or the councillor, or a related party of the councillor, is a member of a political party; or the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 150EG or 150EH if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or the conflict of interest arises solely because— the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\n(sec.150EO-ssec.2) For subsection (1) (e) , for assessing whether the receipt of a gift, loan or sponsored travel or accommodation benefit in particular circumstances by a councillor or a related party of a councillor constitutes a declarable conflict of interest, a reference in section 150EG or 150EH to a close associate of a councillor is taken to be a reference to a related party of the councillor.\n(sec.150EO-ssec.2A) Section 150EG (2A) and (3) applies for working out, under subsection (1) (e) (ii) , the total gifts, loans and benefits given by the entity as if a reference in that section to a donor were a reference to the entity.\n(sec.150EO-ssec.3) In this section— patron , of a community group, sporting club or similar organisation, means a person who, under a formal arrangement, provides public support to the group, club or organisation as its ambassador or representative. sponsored travel or accommodation benefit see section 150EH .\n- (a) the conflict of interest is a prescribed conflict of interest in the matter; or\n- (b) the conflict of interest arises solely because— (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or (iii) the councillor, or a related party of the councillor, is a member of a political party; or (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\n- (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (iii) the councillor, or a related party of the councillor, is a member of a political party; or\n- (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\n- (c) the conflict of interest arises solely because of the religious beliefs of the councillor or a related party of the councillor; or\n- (e) the conflict of interest arises solely because the councillor, or a related party of the councillor, receives a gift, loan or sponsored travel or accommodation benefit from an entity, if— (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 150EG or 150EH if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\n- (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 150EG or 150EH if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and\n- (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\n- (f) the conflict of interest relates to the appointment, discipline, termination, remuneration or other employment conditions of a councillor advisor for the councillor, if the conflict of interest arises solely because the councillor advisor is a related party, other than a close associate, of the councillor; or\n- (g) the conflict of interest arises solely because— (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\n- (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or\n- (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or\n- (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.\n- (i) the councillor undertakes an engagement in the capacity of councillor for a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (ii) the councillor, or a related party of the councillor, is a member or patron of a community group, sporting club or similar organisation, and is not appointed as an executive officer of the organisation; or\n- (iii) the councillor, or a related party of the councillor, is a member of a political party; or\n- (iv) the councillor, or a related party of the councillor, has an interest in an educational facility or provider of a child care service as a student or former student, or a parent or grandparent of a student, of the facility or service; or\n- (i) the gift, loan or benefit is given in circumstances that would constitute a prescribed conflict of interest under section 150EG or 150EH if the total gifts, loans and benefits given by the entity totalled $2,000 or more; and\n- (ii) the total gifts, loans and benefits given by the entity to the councillor or related party total less than $500 during the councillor’s relevant term; or\n- (i) the councillor is, or has been, a member of a group of candidates for an election or a previous election with another councillor; or\n- (ii) the same political party endorsed the candidature of the councillor and another councillor for an election or a previous election; or\n- (iii) the councillor has been elected or appointed at the same time, or has held office during the same period, as another councillor.","sortOrder":445},{"sectionNumber":"sec.150EP","sectionType":"section","heading":"Who is a related party of a councillor","content":"### sec.150EP Who is a related party of a councillor\n\nA person is a related party of a councillor if the person is any of the following in relation to the councillor—\nan entity in which the councillor, or a person mentioned in paragraph (b) , (c) or (d) , has an interest;\na close associate of the councillor, other than an entity mentioned in section 150EJ (1) (f) ;\na parent, child or sibling of the councillor’s spouse;\na person who has a close personal relationship with the councillor.\nHowever, the person is a related party of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\ns 150EP ins 2020 No. 20 s 104\namd 2023 No. 30 s 91\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EP-ssec.1) A person is a related party of a councillor if the person is any of the following in relation to the councillor— an entity in which the councillor, or a person mentioned in paragraph (b) , (c) or (d) , has an interest; a close associate of the councillor, other than an entity mentioned in section 150EJ (1) (f) ; a parent, child or sibling of the councillor’s spouse; a person who has a close personal relationship with the councillor.\n(sec.150EP-ssec.2) However, the person is a related party of the councillor in relation to a matter only if the councillor knows, or ought reasonably to know, about the person’s involvement in the matter.\n- (a) an entity in which the councillor, or a person mentioned in paragraph (b) , (c) or (d) , has an interest;\n- (b) a close associate of the councillor, other than an entity mentioned in section 150EJ (1) (f) ;\n- (c) a parent, child or sibling of the councillor’s spouse;\n- (d) a person who has a close personal relationship with the councillor.","sortOrder":446},{"sectionNumber":"sec.150EPA","sectionType":"section","heading":"Councillor must not participate in decisions unless authorised","content":"### sec.150EPA Councillor must not participate in decisions unless authorised\n\nIf a councillor has a declarable conflict of interest in a matter, the councillor must not participate in a decision relating to the matter unless the councillor participates in the decision—\nin compliance with a decision made under section 150ES ; or\nunder an approval given under section 150EV .\nContravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\ns 150EPA ins 2023 No. 30 s 92\nom 2026 No. 5 s 107 (uncommenced amendment)\n- (a) in compliance with a decision made under section 150ES ; or\n- (b) under an approval given under section 150EV .","sortOrder":447},{"sectionNumber":"sec.150EQ","sectionType":"section","heading":"Obligation of councillor with declarable conflict of interest","content":"### sec.150EQ Obligation of councillor with declarable conflict of interest\n\nThis section applies to a councillor if—\nthe councillor may participate, or is participating, in a decision about a matter; and\nthe councillor becomes aware the councillor has a declarable conflict of interest in the matter.\nIf the councillor first becomes aware the councillor has the declarable conflict of interest at a local government meeting, the councillor must immediately inform the meeting of the declarable conflict of interest, including the particulars stated in subsection (4) .\nIf subsection (2) does not apply, the councillor—\nas soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and\nmust give notice of the declarable conflict of interest, including the particulars stated in subsection (4) , at—\nthe next meeting of the local government; or\nif the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\nContravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\nFor subsections (2) and (3) , the particulars for the declarable conflict of interest are the following—\nthe nature of the declarable conflict of interest;\nif the declarable conflict of interest arises because of the councillor’s relationship with a related party—\nthe name of the related party; and\nthe nature of the relationship of the related party to the councillor; and\nthe nature of the related party’s interests in the matter;\nif the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person—\nthe name of the other person; and\nthe nature of the relationship of the other person to the councillor or related party; and\nthe nature of the other person’s interests in the matter; and\nthe value of the gift or loan, and the date the gift was given or loan was made.\ns 150EQ ins 2020 No. 20 s 104\namd 2023 No. 30 ss 93 , 119 sch 1\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EQ-ssec.1) This section applies to a councillor if— the councillor may participate, or is participating, in a decision about a matter; and the councillor becomes aware the councillor has a declarable conflict of interest in the matter.\n(sec.150EQ-ssec.2) If the councillor first becomes aware the councillor has the declarable conflict of interest at a local government meeting, the councillor must immediately inform the meeting of the declarable conflict of interest, including the particulars stated in subsection (4) .\n(sec.150EQ-ssec.3) If subsection (2) does not apply, the councillor— as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and must give notice of the declarable conflict of interest, including the particulars stated in subsection (4) , at— the next meeting of the local government; or if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee. Contravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\n(sec.150EQ-ssec.4) For subsections (2) and (3) , the particulars for the declarable conflict of interest are the following— the nature of the declarable conflict of interest; if the declarable conflict of interest arises because of the councillor’s relationship with a related party— the name of the related party; and the nature of the relationship of the related party to the councillor; and the nature of the related party’s interests in the matter; if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person— the name of the other person; and the nature of the relationship of the other person to the councillor or related party; and the nature of the other person’s interests in the matter; and the value of the gift or loan, and the date the gift was given or loan was made.\n- (a) the councillor may participate, or is participating, in a decision about a matter; and\n- (b) the councillor becomes aware the councillor has a declarable conflict of interest in the matter.\n- (a) as soon as practicable, must give the chief executive officer notice of the councillor’s declarable conflict of interest in the matter, including the particulars stated in subsection (4) ; and\n- (b) must give notice of the declarable conflict of interest, including the particulars stated in subsection (4) , at— (i) the next meeting of the local government; or (ii) if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\n- (i) the next meeting of the local government; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\n- (i) the next meeting of the local government; or\n- (ii) if the matter is to be considered and decided at a meeting of a committee of the local government—the next meeting of the committee.\n- (a) the nature of the declarable conflict of interest;\n- (b) if the declarable conflict of interest arises because of the councillor’s relationship with a related party— (i) the name of the related party; and (ii) the nature of the relationship of the related party to the councillor; and (iii) the nature of the related party’s interests in the matter;\n- (i) the name of the related party; and\n- (ii) the nature of the relationship of the related party to the councillor; and\n- (iii) the nature of the related party’s interests in the matter;\n- (c) if the councillor’s or related party’s personal interests arise because of the receipt of a gift or loan from another person— (i) the name of the other person; and (ii) the nature of the relationship of the other person to the councillor or related party; and (iii) the nature of the other person’s interests in the matter; and (iv) the value of the gift or loan, and the date the gift was given or loan was made.\n- (i) the name of the other person; and\n- (ii) the nature of the relationship of the other person to the councillor or related party; and\n- (iii) the nature of the other person’s interests in the matter; and\n- (iv) the value of the gift or loan, and the date the gift was given or loan was made.\n- (i) the name of the related party; and\n- (ii) the nature of the relationship of the related party to the councillor; and\n- (iii) the nature of the related party’s interests in the matter;\n- (i) the name of the other person; and\n- (ii) the nature of the relationship of the other person to the councillor or related party; and\n- (iii) the nature of the other person’s interests in the matter; and\n- (iv) the value of the gift or loan, and the date the gift was given or loan was made.","sortOrder":448},{"sectionNumber":"sec.150ER","sectionType":"section","heading":"Procedure if meeting informed of councillor’s personal interests","content":"### sec.150ER Procedure if meeting informed of councillor’s personal interests\n\nThis section applies if a local government meeting is informed that a councillor has personal interests in a matter by a person other than the councillor.\nThe eligible councillors at the meeting must decide whether the councillor has a declarable conflict of interest in the matter.\ns 150ER ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150ER-ssec.1) This section applies if a local government meeting is informed that a councillor has personal interests in a matter by a person other than the councillor.\n(sec.150ER-ssec.2) The eligible councillors at the meeting must decide whether the councillor has a declarable conflict of interest in the matter.","sortOrder":449},{"sectionNumber":"sec.150ES","sectionType":"section","heading":"Procedure if councillor has declarable conflict of interest","content":"### sec.150ES Procedure if councillor has declarable conflict of interest\n\nThis section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 150EQ (2) or (3) or decided by eligible councillors at a meeting under section 150ER (2) .\nHowever, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision.\nThe eligible councillors at the meeting must, by resolution, decide—\nfor a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor—\nmay participate in the decision despite the councillor’s conflict of interest; or\nmust not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\nfor another matter, whether the councillor—\nmay participate in a decision about the matter at the meeting, including by voting on the matter; or\nmust leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\nThe eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3) (a) (i) or (b)(i).\nThe eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3) (b) (i) , but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on.\nThe councillor must comply with—\na decision under subsection (3) (a) (ii) or (b)(ii); or\nany conditions imposed on a decision under subsection (4) .\nMaximum penalty—100 penalty units or 1 year’s imprisonment.\nHowever, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 150EV .\ns 150ES ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150ES-ssec.1) This section applies if a councillor has a declarable conflict of interest in a matter as notified at a meeting under section 150EQ (2) or (3) or decided by eligible councillors at a meeting under section 150ER (2) .\n(sec.150ES-ssec.2) However, this section does not apply in relation to a decision about the matter if the councillor who has the declarable conflict of interest voluntarily decides not to participate in the decision.\n(sec.150ES-ssec.3) The eligible councillors at the meeting must, by resolution, decide— for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— may participate in the decision despite the councillor’s conflict of interest; or must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or for another matter, whether the councillor— may participate in a decision about the matter at the meeting, including by voting on the matter; or must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n(sec.150ES-ssec.4) The eligible councillors may impose conditions on the councillor under a decision mentioned in subsection (3) (a) (i) or (b)(i). The eligible councillors may decide that the councillor may participate in a decision about the matter by discussing it at the meeting under subsection (3) (b) (i) , but may impose the condition that the councillor must leave the place at which the meeting is being held while the matter is voted on.\n(sec.150ES-ssec.5) The councillor must comply with— a decision under subsection (3) (a) (ii) or (b)(ii); or any conditions imposed on a decision under subsection (4) . Maximum penalty—100 penalty units or 1 year’s imprisonment.\n(sec.150ES-ssec.6) However, the councillor does not contravene subsection (5) by participating in a decision or being present under an approval given under section 150EV .\n- (a) for a matter that would, other than for the councillor’s declarable conflict of interest, have been decided by the councillor under an Act, delegation or other authority, whether the councillor— (i) may participate in the decision despite the councillor’s conflict of interest; or (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\n- (i) may participate in the decision despite the councillor’s conflict of interest; or\n- (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\n- (b) for another matter, whether the councillor— (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n- (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or\n- (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n- (i) may participate in the decision despite the councillor’s conflict of interest; or\n- (ii) must not participate in the decision, and must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter; or\n- (i) may participate in a decision about the matter at the meeting, including by voting on the matter; or\n- (ii) must leave the place at which the meeting is being held, including any area set aside for the public, and stay away from the place while the eligible councillors discuss and vote on the matter.\n- (a) a decision under subsection (3) (a) (ii) or (b)(ii); or\n- (b) any conditions imposed on a decision under subsection (4) .","sortOrder":450},{"sectionNumber":"sec.150ET","sectionType":"section","heading":"Decisions of eligible councillors","content":"### sec.150ET Decisions of eligible councillors\n\nA decision by eligible councillors may be made under section 150ER or 150ES , other than in relation to a matter mentioned in section 150EU , even if—\nthe number of eligible councillors is less than a majority; or\nthe eligible councillors do not form a quorum for the meeting.\nThe councillor who is the subject of the decision may remain at the meeting while the decision is made, but can not vote or otherwise participate in the making of the decision, other than by answering a question put to the councillor necessary to assist the eligible councillors to make the decision.\nIf the eligible councillors can not make a decision under section 150ER or 150ES , the eligible councillors are taken to have decided under section 150ES (3) (a) (ii) or (b)(ii) that the councillor must leave, and stay away from, the place where the meeting is being held while the eligible councillors discuss and vote on the matter.\nA decision about a councillor under section 150ER or 150ES for a matter applies in relation to the councillor for participating in the decision, and all subsequent decisions, about the matter.\ns 150ET ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150ET-ssec.1) A decision by eligible councillors may be made under section 150ER or 150ES , other than in relation to a matter mentioned in section 150EU , even if— the number of eligible councillors is less than a majority; or the eligible councillors do not form a quorum for the meeting.\n(sec.150ET-ssec.2) The councillor who is the subject of the decision may remain at the meeting while the decision is made, but can not vote or otherwise participate in the making of the decision, other than by answering a question put to the councillor necessary to assist the eligible councillors to make the decision.\n(sec.150ET-ssec.3) If the eligible councillors can not make a decision under section 150ER or 150ES , the eligible councillors are taken to have decided under section 150ES (3) (a) (ii) or (b)(ii) that the councillor must leave, and stay away from, the place where the meeting is being held while the eligible councillors discuss and vote on the matter.\n(sec.150ET-ssec.4) A decision about a councillor under section 150ER or 150ES for a matter applies in relation to the councillor for participating in the decision, and all subsequent decisions, about the matter.\n- (a) the number of eligible councillors is less than a majority; or\n- (b) the eligible councillors do not form a quorum for the meeting.","sortOrder":451},{"sectionNumber":"ch.5B-pt.4","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":452},{"sectionNumber":"sec.150EU","sectionType":"section","heading":"Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest","content":"### sec.150EU Procedure if no quorum for deciding matter because of prescribed conflicts of interest or declarable conflicts of interest\n\nThis section applies in relation to a meeting if—\na matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and\nthere is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.\nThe local government must do 1 of the following—\ndelegate deciding the matter under section 257 , unless the matter can not be delegated under that section;\ndecide, by resolution, to defer the matter to a later meeting;\ndecide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the local government must decide the matter.\nThe local government must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.\nA councillor does not contravene section 150EK (1) , 150EM (2) , 150EPA or 150ES (5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or making a decision under subsection (2) (b) or (c) .\ns 150EU ins 2020 No. 20 s 104\namd 2023 No. 30 s 94\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EU-ssec.1) This section applies in relation to a meeting if— a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.\n(sec.150EU-ssec.2) The local government must do 1 of the following— delegate deciding the matter under section 257 , unless the matter can not be delegated under that section; decide, by resolution, to defer the matter to a later meeting; decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the local government must decide the matter.\n(sec.150EU-ssec.3) The local government must not delegate deciding the matter to an entity if the entity, or a majority of its members, have personal interests that are, or are equivalent in nature to, a prescribed conflict of interest or declarable conflict of interest in the matter.\n(sec.150EU-ssec.4) A councillor does not contravene section 150EK (1) , 150EM (2) , 150EPA or 150ES (5) by participating in a decision, or being present while the matter is discussed and voted on, for the purpose of delegating the matter or making a decision under subsection (2) (b) or (c) .\n- (a) a matter in which 1 or more councillors have a prescribed conflict of interest or declarable conflict of interest is to be decided at the meeting; and\n- (b) there is less than a quorum remaining at the meeting after any of the councillors mentioned in paragraph (a) leave, and stay away from, the place where the meeting is being held.\n- (a) delegate deciding the matter under section 257 , unless the matter can not be delegated under that section;\n- (b) decide, by resolution, to defer the matter to a later meeting;\n- (c) decide, by resolution, not to decide the matter and take no further action in relation to the matter unless this Act or another Act provides that the local government must decide the matter.","sortOrder":453},{"sectionNumber":"sec.150EV","sectionType":"section","heading":"Minister’s approval for councillor to participate or be present to decide matter","content":"### sec.150EV Minister’s approval for councillor to participate or be present to decide matter\n\nThe Minister may, by signed notice given to a councillor, approve the councillor participating in deciding a matter in a meeting, including being present while the matter is discussed and voted on, if—\nthe matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 150EU (1) ; and\ndeciding the matter can not be delegated under section 257 .\nThe Minister may give the approval subject to the conditions stated in the notice.\ns 150EV ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EV-ssec.1) The Minister may, by signed notice given to a councillor, approve the councillor participating in deciding a matter in a meeting, including being present while the matter is discussed and voted on, if— the matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 150EU (1) ; and deciding the matter can not be delegated under section 257 .\n(sec.150EV-ssec.2) The Minister may give the approval subject to the conditions stated in the notice.\n- (a) the matter could not otherwise be decided at the meeting because of a circumstance mentioned in section 150EU (1) ; and\n- (b) deciding the matter can not be delegated under section 257 .","sortOrder":454},{"sectionNumber":"sec.150EW","sectionType":"section","heading":"Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest","content":"### sec.150EW Duty to report another councillor’s prescribed conflict of interest or declarable conflict of interest\n\nThis section applies if a councillor reasonably believes or reasonably suspects—\nanother councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 150EK (1) ; or\nanother councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 150EPA .\nThe councillor who has the belief or suspicion must—\nif the belief or suspicion arises in a local government meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or\notherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.\nThe councillor must also inform the person presiding, or the chief executive officer, of the facts and circumstances forming the basis of the belief or suspicion.\nContravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) .\nIf the belief or suspicion relates to more than 1 councillor, subsections (2) and (3) must be complied with in relation to each councillor separately.\ns 150EW ins 2020 No. 20 s 104\namd 2023 No. 30 ss 95 , 119 sch 1\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EW-ssec.1) This section applies if a councillor reasonably believes or reasonably suspects— another councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 150EK (1) ; or another councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 150EPA .\n(sec.150EW-ssec.2) The councillor who has the belief or suspicion must— if the belief or suspicion arises in a local government meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or otherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.\n(sec.150EW-ssec.3) The councillor must also inform the person presiding, or the chief executive officer, of the facts and circumstances forming the basis of the belief or suspicion. Contravention of subsection (2) or (3) is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) .\n(sec.150EW-ssec.4) If the belief or suspicion relates to more than 1 councillor, subsections (2) and (3) must be complied with in relation to each councillor separately.\n- (a) another councillor who has a prescribed conflict of interest in a matter is participating in a decision in contravention of section 150EK (1) ; or\n- (b) another councillor who has a declarable conflict of interest in a matter is participating in a decision in contravention of section 150EPA .\n- (a) if the belief or suspicion arises in a local government meeting—immediately inform the person who is presiding at the meeting about the belief or suspicion; or\n- (b) otherwise—as soon as practicable, inform the chief executive officer of the belief or suspicion.","sortOrder":455},{"sectionNumber":"sec.150EX","sectionType":"section","heading":"Obligation of councillor if conflict of interest reported under s 150EW","content":"### sec.150EX Obligation of councillor if conflict of interest reported under s 150EW\n\nIf, under section 150EW , a councillor (the informing councillor ) informs the person presiding at a local government meeting of a belief or suspicion about another councillor (the relevant councillor ), the relevant councillor must do 1 of the following—\nif the relevant councillor has a prescribed conflict of interest—comply with section 150EL (2) ;\nif the relevant councillor has a declarable conflict of interest—comply with section 150EQ (2) ;\nif the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.\nIf subsection (1) (c) applies—\nthe informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and\nthe eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.\nIf subsection (2) must be complied with in relation to a belief or suspicion about more than 1 councillor, a decision under subsection (2) (b) must be made in relation to each councillor separately.\nIf the eligible councillors at the meeting decide the relevant councillor has a prescribed conflict of interest in the matter, section 150EM is taken to apply to the relevant councillor for the matter.\nIf the eligible councillors decide the relevant councillor has a declarable conflict of interest in the matter, sections 150EQ (2) and 150ES are taken to apply in relation to the relevant councillor for the matter.\ns 150EX ins 2020 No. 20 s 104\namd 2023 No. 30 s 96\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EX-ssec.1) If, under section 150EW , a councillor (the informing councillor ) informs the person presiding at a local government meeting of a belief or suspicion about another councillor (the relevant councillor ), the relevant councillor must do 1 of the following— if the relevant councillor has a prescribed conflict of interest—comply with section 150EL (2) ; if the relevant councillor has a declarable conflict of interest—comply with section 150EQ (2) ; if the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.\n(sec.150EX-ssec.2) If subsection (1) (c) applies— the informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and the eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.\n(sec.150EX-ssec.3) If subsection (2) must be complied with in relation to a belief or suspicion about more than 1 councillor, a decision under subsection (2) (b) must be made in relation to each councillor separately.\n(sec.150EX-ssec.4) If the eligible councillors at the meeting decide the relevant councillor has a prescribed conflict of interest in the matter, section 150EM is taken to apply to the relevant councillor for the matter.\n(sec.150EX-ssec.5) If the eligible councillors decide the relevant councillor has a declarable conflict of interest in the matter, sections 150EQ (2) and 150ES are taken to apply in relation to the relevant councillor for the matter.\n- (a) if the relevant councillor has a prescribed conflict of interest—comply with section 150EL (2) ;\n- (b) if the relevant councillor has a declarable conflict of interest—comply with section 150EQ (2) ;\n- (c) if the relevant councillor considers there is no prescribed conflict of interest or declarable conflict of interest—inform the meeting of the relevant councillor’s belief, including reasons for the belief.\n- (a) the informing councillor must inform the meeting about the particulars of the informing councillor’s belief or suspicion; and\n- (b) the eligible councillors at the meeting must decide whether or not the relevant councillor has a prescribed conflict of interest or declarable conflict of interest in the matter.","sortOrder":456},{"sectionNumber":"sec.150EY","sectionType":"section","heading":"Offence to take retaliatory action","content":"### sec.150EY Offence to take retaliatory action\n\nA person must not, because a councillor complied with section 150EW —\nprejudice, or threaten to prejudice, the safety or career of the councillor or another person; or\nintimidate or harass, or threaten to intimidate or harass, the councillor or another person; or\ntake any action that is, or is likely to be, detrimental to the councillor or another person.\nMaximum penalty—167 penalty units or 2 years imprisonment.\ns 150EY ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n- (a) prejudice, or threaten to prejudice, the safety or career of the councillor or another person; or\n- (b) intimidate or harass, or threaten to intimidate or harass, the councillor or another person; or\n- (c) take any action that is, or is likely to be, detrimental to the councillor or another person.","sortOrder":457},{"sectionNumber":"sec.150EZ","sectionType":"section","heading":"Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others","content":"### sec.150EZ Councillor with prescribed conflict of interest or declarable conflict of interest must not influence others\n\nThis section applies to a councillor of a local government who has a prescribed conflict of interest or declarable conflict of interest in a matter.\nThe councillor must not direct, influence, attempt to influence, or discuss the matter with, another person who is participating in a decision of the local government relating to the matter.\nContravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\nA councillor does not contravene subsection (2) solely by participating in a decision relating to the matter, including by voting on the matter, if the participation is—\npermitted under a decision mentioned in section 150ES (3) (a) (i) or (b)(i); or\napproved under section 150EV .\nA councillor does not contravene subsection (2) solely because the councillor gives the chief executive officer the following information in compliance with this chapter—\nfactual information about a matter;\ninformation that is required to be given to the local government about a matter, including in an application, to enable the local government to decide the matter.\ns 150EZ ins 2020 No. 20 s 104\namd 2023 No. 30 s 119 sch 1\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150EZ-ssec.1) This section applies to a councillor of a local government who has a prescribed conflict of interest or declarable conflict of interest in a matter.\n(sec.150EZ-ssec.2) The councillor must not direct, influence, attempt to influence, or discuss the matter with, another person who is participating in a decision of the local government relating to the matter. Contravention of this section is misconduct that could result in disciplinary action being taken against a councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\n(sec.150EZ-ssec.3) A councillor does not contravene subsection (2) solely by participating in a decision relating to the matter, including by voting on the matter, if the participation is— permitted under a decision mentioned in section 150ES (3) (a) (i) or (b)(i); or approved under section 150EV .\n(sec.150EZ-ssec.4) A councillor does not contravene subsection (2) solely because the councillor gives the chief executive officer the following information in compliance with this chapter— factual information about a matter; information that is required to be given to the local government about a matter, including in an application, to enable the local government to decide the matter.\n- (a) permitted under a decision mentioned in section 150ES (3) (a) (i) or (b)(i); or\n- (b) approved under section 150EV .\n- (a) factual information about a matter;\n- (b) information that is required to be given to the local government about a matter, including in an application, to enable the local government to decide the matter.","sortOrder":458},{"sectionNumber":"sec.150FA","sectionType":"section","heading":"Records about prescribed conflicts of interest or declarable conflicts of interest—meetings","content":"### sec.150FA Records about prescribed conflicts of interest or declarable conflicts of interest—meetings\n\nSubsection (2) applies if a councillor gives notice to, or informs, a local government meeting that the councillor, or another councillor, has a prescribed conflict of interest or declarable conflict of interest in a matter.\nThe following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—\nthe name of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest;\nthe particulars of the prescribed conflict of interest or declarable conflict of interest;\nif section 150EX applies—\nthe action the councillor takes under section 150EX (1) ; and\nany decision made by the eligible councillors under section 150EX (2) ;\nwhether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 150EV ;\nfor a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.\nSubsection (4) applies if the councillor has a declarable conflict of interest.\nIn addition to the information mentioned in subsection (2) , the following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation—\nfor a decision under section 150ER (2) —the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted;\nfor a decision under section 150ES —\nthe decision and reasons for the decision; and\nthe name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\ns 150FA ins 2020 No. 20 s 104\nom 2026 No. 5 s 107 (uncommenced amendment)\n(sec.150FA-ssec.1) Subsection (2) applies if a councillor gives notice to, or informs, a local government meeting that the councillor, or another councillor, has a prescribed conflict of interest or declarable conflict of interest in a matter.\n(sec.150FA-ssec.2) The following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation— the name of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest; the particulars of the prescribed conflict of interest or declarable conflict of interest; if section 150EX applies— the action the councillor takes under section 150EX (1) ; and any decision made by the eligible councillors under section 150EX (2) ; whether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 150EV ; for a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.\n(sec.150FA-ssec.3) Subsection (4) applies if the councillor has a declarable conflict of interest.\n(sec.150FA-ssec.4) In addition to the information mentioned in subsection (2) , the following information must be recorded in the minutes of the meeting or, if minutes are not required for the meeting, in another way prescribed by regulation— for a decision under section 150ER (2) —the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted; for a decision under section 150ES — the decision and reasons for the decision; and the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\n- (a) the name of the councillor and any other councillor who may have a prescribed conflict of interest or declarable conflict of interest;\n- (b) the particulars of the prescribed conflict of interest or declarable conflict of interest;\n- (c) if section 150EX applies— (i) the action the councillor takes under section 150EX (1) ; and (ii) any decision made by the eligible councillors under section 150EX (2) ;\n- (i) the action the councillor takes under section 150EX (1) ; and\n- (ii) any decision made by the eligible councillors under section 150EX (2) ;\n- (d) whether the councillor participated in deciding the matter, or was present for deciding the matter, under an approval under section 150EV ;\n- (e) for a matter to which the prescribed conflict of interest or declarable conflict of interest relates—the name of each eligible councillor who voted on the matter, and how each eligible councillor voted.\n- (i) the action the councillor takes under section 150EX (1) ; and\n- (ii) any decision made by the eligible councillors under section 150EX (2) ;\n- (a) for a decision under section 150ER (2) —the name of each eligible councillor who voted in relation to whether the councillor has a declarable conflict of interest, and how each eligible councillor voted;\n- (b) for a decision under section 150ES — (i) the decision and reasons for the decision; and (ii) the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\n- (i) the decision and reasons for the decision; and\n- (ii) the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.\n- (i) the decision and reasons for the decision; and\n- (ii) the name of each eligible councillor who voted on the decision, and how each eligible councillor voted.","sortOrder":459},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":460},{"sectionNumber":"sec.151","sectionType":"section","heading":"What this chapter is about","content":"### sec.151 What this chapter is about\n\nThis chapter contains provisions about—\npersons who are elected or appointed to perform responsibilities under this Act; and\nbodies that are created to perform responsibilities under this Act.\nFor example, this chapter contains provisions about—\nqualifications for election or appointment; and\nacting appointments; and\nconditions of appointment; and\nending appointments.\n(sec.151-ssec.1) This chapter contains provisions about— persons who are elected or appointed to perform responsibilities under this Act; and bodies that are created to perform responsibilities under this Act.\n(sec.151-ssec.2) For example, this chapter contains provisions about— qualifications for election or appointment; and acting appointments; and conditions of appointment; and ending appointments.\n- (a) persons who are elected or appointed to perform responsibilities under this Act; and\n- (b) bodies that are created to perform responsibilities under this Act.\n- (a) qualifications for election or appointment; and\n- (b) acting appointments; and\n- (c) conditions of appointment; and\n- (d) ending appointments.","sortOrder":461},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Councillors","content":"# Councillors","sortOrder":462},{"sectionNumber":"ch.6-pt.2-div.1","sectionType":"division","heading":"Qualifications of councillors","content":"## Qualifications of councillors","sortOrder":463},{"sectionNumber":"sec.152","sectionType":"section","heading":"Qualifications of councillors","content":"### sec.152 Qualifications of councillors\n\nA person is qualified to be a councillor of a local government only if the person—\nis an adult Australian citizen; and\nresides in the local government’s area; and\nis enrolled on an electoral roll kept under the Electoral Act , section 58 ; and\nis not disqualified from being a councillor because of a section in this division.\nSee the Local Government Electoral Act , section 26 about who may be nominated as a candidate, or for appointment, as a councillor.\ns 152 amd 2010 No. 23 s 306 ; 2012 No. 33 s 120 ; 2013 No. 60 s 12 ; 2026 No. 5 s 141 sch 1 pt 1\n- (a) is an adult Australian citizen; and\n- (b) resides in the local government’s area; and\n- (c) is enrolled on an electoral roll kept under the Electoral Act , section 58 ; and\n- (d) is not disqualified from being a councillor because of a section in this division.","sortOrder":464},{"sectionNumber":"sec.153","sectionType":"section","heading":"Disqualification for certain offences or if dismissed","content":"### sec.153 Disqualification for certain offences or if dismissed\n\nA person can not be a councillor—\nafter the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or\nfor 10 years after the person is convicted of an electoral offence; or\nfor 7 years after the person is convicted of a serious integrity offence; or\nfor 4 years after the person is convicted of an integrity offence; or\nfor the remainder of the term before the next quadrennial elections, if the person has been dismissed.\nA treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.\nAn electoral offence is—\na disqualifying electoral offence under the Electoral Act ; or\nan offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .\nA serious integrity offence is an offence against—\na provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or\na provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .\nAn integrity offence is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.\nA person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence )—\na treason offence; or\nan electoral offence; or\na serious integrity offence; or\nan integrity offence.\nA person is taken to have been convicted of an offence—\nif the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or\nif the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.\nIn this section—\ndismissed means dismissed as a councillor—\nunder section 122 ; or\nbecause of the dissolution of the local government under section 123 .\ns 153 amd 2011 No. 27 s 273 ; 2012 No. 33 s 192 sch ; 2013 No. 60 s 13 ; 2018 No. 9 s 22 ; 2019 No. 30 s 134\n(sec.153-ssec.1) A person can not be a councillor— after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or for 10 years after the person is convicted of an electoral offence; or for 7 years after the person is convicted of a serious integrity offence; or for 4 years after the person is convicted of an integrity offence; or for the remainder of the term before the next quadrennial elections, if the person has been dismissed.\n(sec.153-ssec.2) A treason offence is an offence of treason, sedition or sabotage under the law of Queensland, another State or the Commonwealth.\n(sec.153-ssec.3) An electoral offence is— a disqualifying electoral offence under the Electoral Act ; or an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .\n(sec.153-ssec.4) A serious integrity offence is an offence against— a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .\n(sec.153-ssec.5) An integrity offence is an offence against a provision of a law mentioned in schedule 1 , part 2 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence.\n(sec.153-ssec.6) A person automatically stops being a councillor when the person is convicted of any of the following offences (each a disqualifying offence )— a treason offence; or an electoral offence; or a serious integrity offence; or an integrity offence.\n(sec.153-ssec.7) A person is taken to have been convicted of an offence— if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.\n(sec.153-ssec.8) In this section— dismissed means dismissed as a councillor— under section 122 ; or because of the dissolution of the local government under section 123 .\n- (a) after the person is convicted of a treason offence, unless the person is pardoned of the treason offence; or\n- (b) for 10 years after the person is convicted of an electoral offence; or\n- (c) for 7 years after the person is convicted of a serious integrity offence; or\n- (d) for 4 years after the person is convicted of an integrity offence; or\n- (e) for the remainder of the term before the next quadrennial elections, if the person has been dismissed.\n- (a) a disqualifying electoral offence under the Electoral Act ; or\n- (b) an offence that would be a disqualifying electoral offence had the conviction been recorded after the commencement of the Electoral and Other Acts Amendment Act 2002 .\n- (a) a provision of a law mentioned in schedule 1 , part 1 if, for a circumstance stated for the offence (if any), the stated circumstance applies to the offence; or\n- (b) a provision of a law of another State or the Commonwealth that corresponds to a provision mentioned in paragraph (a) .\n- (a) a treason offence; or\n- (b) an electoral offence; or\n- (c) a serious integrity offence; or\n- (d) an integrity offence.\n- (a) if the person appeals the conviction—when the appeal is dismissed, struck out or discontinued; or\n- (b) if the person does not appeal the conviction—at the end of the time within which an appeal must by law be started.\n- (a) under section 122 ; or\n- (b) because of the dissolution of the local government under section 123 .","sortOrder":465},{"sectionNumber":"sec.154","sectionType":"section","heading":"Disqualification of prisoners","content":"### sec.154 Disqualification of prisoners\n\nA person can not be a councillor while the person is a prisoner.\nA prisoner is a person who—\nis serving a period of imprisonment; or\nis liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or\nwould be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144 .\nA person automatically stops being a councillor when the person becomes a prisoner.\ns 154 amd 2014 No. 44 s 8\n(sec.154-ssec.1) A person can not be a councillor while the person is a prisoner.\n(sec.154-ssec.2) A prisoner is a person who— is serving a period of imprisonment; or is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144 .\n(sec.154-ssec.3) A person automatically stops being a councillor when the person becomes a prisoner.\n- (a) is serving a period of imprisonment; or\n- (b) is liable to serve a period of imprisonment, even though the person has been released from imprisonment (on parole or leave of absence, for example); or\n- (c) would be serving a term of imprisonment had the term of imprisonment not been suspended under the Penalties and Sentences Act 1992 , section 144 .","sortOrder":466},{"sectionNumber":"sec.155","sectionType":"section","heading":"Disqualification of government members and electoral candidates","content":"### sec.155 Disqualification of government members and electoral candidates\n\nA person can not be a councillor while the person is a government member or electoral candidate.\nA government member is—\na member of a Parliament of the Commonwealth or a State (including Queensland); or\na councillor of a local government of another State.\nA person is an electoral candidate if, under the Electoral Act , section 93 (3) , the person becomes a candidate for an election of a member of the Legislative Assembly.\nA person automatically stops being a councillor when the person becomes a government member or electoral candidate.\ns 155 amd 2012 No. 33 s 121 ; 2026 No. 5 s 62\n(sec.155-ssec.1) A person can not be a councillor while the person is a government member or electoral candidate.\n(sec.155-ssec.2) A government member is— a member of a Parliament of the Commonwealth or a State (including Queensland); or a councillor of a local government of another State.\n(sec.155-ssec.3) A person is an electoral candidate if, under the Electoral Act , section 93 (3) , the person becomes a candidate for an election of a member of the Legislative Assembly.\n(sec.155-ssec.4) A person automatically stops being a councillor when the person becomes a government member or electoral candidate.\n- (a) a member of a Parliament of the Commonwealth or a State (including Queensland); or\n- (b) a councillor of a local government of another State.","sortOrder":467},{"sectionNumber":"sec.156","sectionType":"section","heading":"Disqualification during bankruptcy","content":"### sec.156 Disqualification during bankruptcy\n\nA person can not be a councillor while the person is a bankrupt.\nA person is a bankrupt if, under a bankruptcy law—\nthe person is an undischarged bankrupt; or\nthe person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or\nthe person’s creditors have accepted a composition, and a final payment has not been made under the composition.\nA bankruptcy law is—\nthe Bankruptcy Act 1966 (Cwlth) ; or\na corresponding law of another jurisdiction, including a jurisdiction outside Australia.\nA person automatically stops being a councillor when the person becomes a bankrupt.\n(sec.156-ssec.1) A person can not be a councillor while the person is a bankrupt.\n(sec.156-ssec.2) A person is a bankrupt if, under a bankruptcy law— the person is an undischarged bankrupt; or the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or the person’s creditors have accepted a composition, and a final payment has not been made under the composition.\n(sec.156-ssec.3) A bankruptcy law is— the Bankruptcy Act 1966 (Cwlth) ; or a corresponding law of another jurisdiction, including a jurisdiction outside Australia.\n(sec.156-ssec.4) A person automatically stops being a councillor when the person becomes a bankrupt.\n- (a) the person is an undischarged bankrupt; or\n- (b) the person has executed a deed of arrangement, and the terms of the deed have not been fully complied with; or\n- (c) the person’s creditors have accepted a composition, and a final payment has not been made under the composition.\n- (a) the Bankruptcy Act 1966 (Cwlth) ; or\n- (b) a corresponding law of another jurisdiction, including a jurisdiction outside Australia.","sortOrder":468},{"sectionNumber":"sec.156A","sectionType":"section","heading":null,"content":"### Section sec.156A\n\ns 156A ins 2011 No. 27 s 274\nom 2012 No. 33 s 121A","sortOrder":469},{"sectionNumber":"sec.157","sectionType":"section","heading":"Judicial review of qualifications","content":"### sec.157 Judicial review of qualifications\n\nAny person who is entitled to vote in a local government election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division.\nThis section does not limit the Judicial Review Act .\n(sec.157-ssec.1) Any person who is entitled to vote in a local government election may apply for a judicial review of the eligibility, or continued eligibility, of a person to be a councillor on the basis that the person is disqualified under this division.\n(sec.157-ssec.2) This section does not limit the Judicial Review Act .","sortOrder":470},{"sectionNumber":"sec.158","sectionType":"section","heading":"Acting as councillor without authority","content":"### sec.158 Acting as councillor without authority\n\nA person must not act as a councillor if the person knows that—\nthe person is not qualified to be a councillor; or\nthe person’s office as a councillor has been vacated; or\nthe person is suspended as a councillor.\nMaximum penalty—85 penalty units.\ns 158 amd 2018 No. 9 s 22A\n- (a) the person is not qualified to be a councillor; or\n- (b) the person’s office as a councillor has been vacated; or\n- (c) the person is suspended as a councillor.","sortOrder":471},{"sectionNumber":"sec.158A","sectionType":"section","heading":"Councillor must give notice of disqualification","content":"### sec.158A Councillor must give notice of disqualification\n\nThis section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.\nThe councillor must immediately give a notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor of the local government—the mayor;\nthe chief executive officer of the local government.\nMaximum penalty—100 penalty units.\nFor subsection (2) , the notice must state—\ndetails about why the councillor is not qualified to be a councillor under this division; and\nthe day the councillor became disqualified.\ns 158A ins 2018 No. 9 s 22B\n(sec.158A-ssec.1) This section applies if a councillor becomes aware the councillor is not qualified to be a councillor under this division.\n(sec.158A-ssec.2) The councillor must immediately give a notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor of the local government—the mayor; the chief executive officer of the local government. Maximum penalty—100 penalty units.\n(sec.158A-ssec.3) For subsection (2) , the notice must state— details about why the councillor is not qualified to be a councillor under this division; and the day the councillor became disqualified.\n- (a) the Minister;\n- (b) if the councillor is not the mayor of the local government—the mayor;\n- (c) the chief executive officer of the local government.\n- (a) details about why the councillor is not qualified to be a councillor under this division; and\n- (b) the day the councillor became disqualified.","sortOrder":472},{"sectionNumber":"ch.6-pt.2-div.2","sectionType":"division","heading":"Councillor’s term of office and entitlement to remuneration","content":"## Councillor’s term of office and entitlement to remuneration","sortOrder":473},{"sectionNumber":"sec.159","sectionType":"section","heading":"When a councillor’s term starts","content":"### sec.159 When a councillor’s term starts\n\nA councillor’s term starts on—\nif the councillor is elected—the day after the conclusion of the councillor’s election; or\nif the councillor is appointed—the day on which the councillor is appointed.\n- (a) if the councillor is elected—the day after the conclusion of the councillor’s election; or\n- (b) if the councillor is appointed—the day on which the councillor is appointed.","sortOrder":474},{"sectionNumber":"sec.160","sectionType":"section","heading":"When a councillor’s term ends","content":"### sec.160 When a councillor’s term ends\n\nA councillor’s term ends—\nif the councillor is elected at a quadrennial election or at a fresh election—at the conclusion of the next quadrennial election; or\nif the councillor is elected at a fresh election and a declaration is also made under a regulation under section 160A —at the conclusion of the quadrennial election after the next quadrennial election; or\nif the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or\nwhen the councillor’s office becomes otherwise vacant.\nSee section 162 for an explanation of when this happens.\ns 160 amd 2019 No. 30 s 135 ; 2020 No. 20 s 105\n- (a) if the councillor is elected at a quadrennial election or at a fresh election—at the conclusion of the next quadrennial election; or\n- (b) if the councillor is elected at a fresh election and a declaration is also made under a regulation under section 160A —at the conclusion of the quadrennial election after the next quadrennial election; or\n- (c) if the councillor is elected or appointed to fill a vacancy in the office of another councillor—at the end of the other councillor’s term; or\n- (d) when the councillor’s office becomes otherwise vacant. Note— See section 162 for an explanation of when this happens.","sortOrder":475},{"sectionNumber":"sec.160A","sectionType":"section","heading":"Extension of term of councillors elected at fresh elections","content":"### sec.160A Extension of term of councillors elected at fresh elections\n\nA regulation may declare that the councillors elected at a fresh election are elected for a term ending at the conclusion of the quadrennial elections after the next quadrennial elections.\ns 160A ins 2011 No. 27 s 275","sortOrder":476},{"sectionNumber":"sec.160B","sectionType":"section","heading":"Remuneration to be paid for term","content":"### sec.160B Remuneration to be paid for term\n\nA councillor of a local government is entitled to remuneration for the period—\nstarting on the day the councillor’s term starts under section 159 ; and\nending on the day the councillor’s term ends under section 160 .\ns 160B ins 2012 No. 33 s 122\namd 2014 No. 44 s 113 sch 1\nsub 2026 No. 5 s 64\n- (a) starting on the day the councillor’s term starts under section 159 ; and\n- (b) ending on the day the councillor’s term ends under section 160 .","sortOrder":477},{"sectionNumber":"ch.6-pt.2-div.3","sectionType":"division","heading":"Vacancies in councillor’s office","content":"## Vacancies in councillor’s office","sortOrder":478},{"sectionNumber":"sec.161","sectionType":"section","heading":"What this division is about","content":"### sec.161 What this division is about\n\nThis division is about when a councillor’s office becomes vacant, and the way in which the vacancy is to be filled.\nThe way in which a vacancy is to be filled depends on—\nwhether the vacancy is in the office of mayor or of another councillor; and\nwhether the office becomes vacant during the beginning, middle or final part of the local government’s term.\nThe beginning of the local government’s term is the period of 12 months that—\nstarts on the day when the last quadrennial elections were held; and\nends on the day before the first anniversary of the last quadrennial elections.\nThe middle of the local government’s term is the period of 24 months that—\nstarts on the first anniversary of the last quadrennial elections; and\nends on the day before the third anniversary of the last quadrennial elections.\nThe final part of the local government’s term is the period that—\nstarts on the third anniversary of the last quadrennial elections; and\nends on the day before the next quadrennial elections are held.\ns 161 amd 2020 No. 20 s 106 ; 2020 No. 38 s 47\n(sec.161-ssec.1) This division is about when a councillor’s office becomes vacant, and the way in which the vacancy is to be filled.\n(sec.161-ssec.2) The way in which a vacancy is to be filled depends on— whether the vacancy is in the office of mayor or of another councillor; and whether the office becomes vacant during the beginning, middle or final part of the local government’s term.\n(sec.161-ssec.3) The beginning of the local government’s term is the period of 12 months that— starts on the day when the last quadrennial elections were held; and ends on the day before the first anniversary of the last quadrennial elections.\n(sec.161-ssec.4) The middle of the local government’s term is the period of 24 months that— starts on the first anniversary of the last quadrennial elections; and ends on the day before the third anniversary of the last quadrennial elections.\n(sec.161-ssec.5) The final part of the local government’s term is the period that— starts on the third anniversary of the last quadrennial elections; and ends on the day before the next quadrennial elections are held.\n- (a) whether the vacancy is in the office of mayor or of another councillor; and\n- (b) whether the office becomes vacant during the beginning, middle or final part of the local government’s term.\n- (a) starts on the day when the last quadrennial elections were held; and\n- (b) ends on the day before the first anniversary of the last quadrennial elections.\n- (a) starts on the first anniversary of the last quadrennial elections; and\n- (b) ends on the day before the third anniversary of the last quadrennial elections.\n- (a) starts on the third anniversary of the last quadrennial elections; and\n- (b) ends on the day before the next quadrennial elections are held.","sortOrder":479},{"sectionNumber":"sec.162","sectionType":"section","heading":"When a councillor’s office becomes vacant","content":"### sec.162 When a councillor’s office becomes vacant\n\nA councillor’s office becomes vacant if the councillor—\nceases to be qualified to be a councillor under division 1 ; or\nis found, on a judicial review, to be ineligible to continue to be a councillor; or\ndoes not comply with section 169 ; or\nceases to be a councillor under section 172 ; or\nis absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent—\nin compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or\nwith the local government’s leave; or\nwhile the councillor is suspended under section 122 , 123 or 175K ; or\nresigns as a councillor by signed notice of resignation given to the chief executive officer; or\nis elected or appointed as mayor of the local government; or\ndies; or\nbecomes a local government employee.\nA local government employee does not include—\na person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or\na person prescribed under a regulation.\ns 162 amd 2018 No. 8 s 14 ; 2019 No. 30 ss 107 , 136 , 145 ; 2026 No. 5 s 65\n(sec.162-ssec.1) A councillor’s office becomes vacant if the councillor— ceases to be qualified to be a councillor under division 1 ; or is found, on a judicial review, to be ineligible to continue to be a councillor; or does not comply with section 169 ; or ceases to be a councillor under section 172 ; or is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent— in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or with the local government’s leave; or while the councillor is suspended under section 122 , 123 or 175K ; or resigns as a councillor by signed notice of resignation given to the chief executive officer; or is elected or appointed as mayor of the local government; or dies; or becomes a local government employee.\n(sec.162-ssec.2) A local government employee does not include— a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or a person prescribed under a regulation.\n- (a) ceases to be qualified to be a councillor under division 1 ; or\n- (b) is found, on a judicial review, to be ineligible to continue to be a councillor; or\n- (c) does not comply with section 169 ; or\n- (d) ceases to be a councillor under section 172 ; or\n- (e) is absent from 2 or more consecutive ordinary meetings of the local government over a period of at least 2 months, unless the councillor is absent— (i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or (ii) with the local government’s leave; or (iii) while the councillor is suspended under section 122 , 123 or 175K ; or\n- (i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or\n- (ii) with the local government’s leave; or\n- (iii) while the councillor is suspended under section 122 , 123 or 175K ; or\n- (f) resigns as a councillor by signed notice of resignation given to the chief executive officer; or\n- (g) is elected or appointed as mayor of the local government; or\n- (h) dies; or\n- (i) becomes a local government employee.\n- (i) in compliance with an order made by the conduct tribunal, the local government or the chairperson of a meeting of the local government or a committee of the local government; or\n- (ii) with the local government’s leave; or\n- (iii) while the councillor is suspended under section 122 , 123 or 175K ; or\n- (a) a person employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or\n- (b) a person prescribed under a regulation.","sortOrder":480},{"sectionNumber":"sec.163","sectionType":"section","heading":"When a vacancy in an office must be filled","content":"### sec.163 When a vacancy in an office must be filled\n\nThis section explains when a vacant office of a councillor (including the mayor) must be filled.\nIf a councillor’s office, other than a mayor’s office, becomes vacant 3 months or more before quadrennial elections are required to be held, the local government must fill the vacant office.\nIf a mayor’s office becomes vacant before quadrennial elections are required to be held, the local government must fill the vacant office.\nThe local government must fill the vacant office within 2 months after the office becomes vacant.\nIf the local government does not do so, the Governor in Council may appoint a qualified person to fill the vacant office.\nIf a councillor’s office, other than a mayor’s office, becomes vacant within 3 months of when quadrennial elections are required to be held, the local government may decide not to fill the vacant office.\ns 163 amd 2011 No. 27 s 276 ; 2020 No. 20 s 107\n(sec.163-ssec.1) This section explains when a vacant office of a councillor (including the mayor) must be filled.\n(sec.163-ssec.2) If a councillor’s office, other than a mayor’s office, becomes vacant 3 months or more before quadrennial elections are required to be held, the local government must fill the vacant office.\n(sec.163-ssec.2A) If a mayor’s office becomes vacant before quadrennial elections are required to be held, the local government must fill the vacant office.\n(sec.163-ssec.3) The local government must fill the vacant office within 2 months after the office becomes vacant.\n(sec.163-ssec.4) If the local government does not do so, the Governor in Council may appoint a qualified person to fill the vacant office.\n(sec.163-ssec.5) If a councillor’s office, other than a mayor’s office, becomes vacant within 3 months of when quadrennial elections are required to be held, the local government may decide not to fill the vacant office.","sortOrder":481},{"sectionNumber":"sec.164","sectionType":"section","heading":"Filling vacancy in office of mayor","content":"### sec.164 Filling vacancy in office of mayor\n\nA vacancy in the office of mayor must be filled by—\nif the office becomes vacant during the beginning or middle of the local government’s term—a by-election; or\nif the office becomes vacant during the final part of the local government’s term—the local government appointing, by resolution, another councillor to the office.\ns 164 prev s 164 om 2020 No. 20 s 108\npres s 164 ins 2020 No. 38 s 48\n- (a) if the office becomes vacant during the beginning or middle of the local government’s term—a by-election; or\n- (b) if the office becomes vacant during the final part of the local government’s term—the local government appointing, by resolution, another councillor to the office.","sortOrder":482},{"sectionNumber":"sec.165","sectionType":"section","heading":"Acting mayor","content":"### sec.165 Acting mayor\n\nThe deputy mayor acts for the mayor during—\nthe absence or temporary incapacity of the mayor; or\na vacancy in the office of mayor.\nIf—\nthe office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or\nthe mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or\nthe offices of both the mayor and deputy mayor are vacant;\nthe local government may, by resolution, appoint an acting mayor from its councillors.\nA local government may, by resolution, declare that the office of deputy mayor is vacant.\nThe resolution may be passed only if notice of the resolution has been given to the councillors at least 14 days before the meeting.\nIf a local government declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors.\ns 165 amd 2018 No. 8 s 34\n(sec.165-ssec.1) The deputy mayor acts for the mayor during— the absence or temporary incapacity of the mayor; or a vacancy in the office of mayor.\n(sec.165-ssec.2) If— the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or the offices of both the mayor and deputy mayor are vacant; the local government may, by resolution, appoint an acting mayor from its councillors.\n(sec.165-ssec.3) A local government may, by resolution, declare that the office of deputy mayor is vacant.\n(sec.165-ssec.4) The resolution may be passed only if notice of the resolution has been given to the councillors at least 14 days before the meeting.\n(sec.165-ssec.5) If a local government declares that the office of deputy mayor is vacant, it must immediately appoint another deputy mayor from its councillors.\n- (a) the absence or temporary incapacity of the mayor; or\n- (b) a vacancy in the office of mayor.\n- (a) the office of mayor is vacant and the deputy mayor is prevented, by absence or temporary incapacity, from acting as the mayor; or\n- (b) the mayor and deputy mayor are both prevented, by absence or temporary incapacity, from performing the role of mayor; or\n- (c) the offices of both the mayor and deputy mayor are vacant;","sortOrder":483},{"sectionNumber":"sec.166","sectionType":"section","heading":"Filling vacancy in office of another councillor","content":"### sec.166 Filling vacancy in office of another councillor\n\nA vacancy in the office of a councillor, other than the mayor, must be filled—\nif the office becomes vacant during the beginning of the local government’s term—in the way decided by the local government under subsection (2) ; or\nif the office becomes vacant during the middle of the local government’s term—by a by-election; or\nif the office becomes vacant during the final part of the local government’s term—by following the procedure under section 166B .\nFor subsection (1) (a) , the local government must decide, by resolution, whether the vacancy is to be filled—\nby a by-election; or\nby following the procedure under section 166A .\ns 166 amd 2011 No. 27 s 277 ; 2018 No. 8 s 34\nsub 2020 No. 20 s 109 ; 2020 No. 38 s 49\n(sec.166-ssec.1) A vacancy in the office of a councillor, other than the mayor, must be filled— if the office becomes vacant during the beginning of the local government’s term—in the way decided by the local government under subsection (2) ; or if the office becomes vacant during the middle of the local government’s term—by a by-election; or if the office becomes vacant during the final part of the local government’s term—by following the procedure under section 166B .\n(sec.166-ssec.2) For subsection (1) (a) , the local government must decide, by resolution, whether the vacancy is to be filled— by a by-election; or by following the procedure under section 166A .\n- (a) if the office becomes vacant during the beginning of the local government’s term—in the way decided by the local government under subsection (2) ; or\n- (b) if the office becomes vacant during the middle of the local government’s term—by a by-election; or\n- (c) if the office becomes vacant during the final part of the local government’s term—by following the procedure under section 166B .\n- (a) by a by-election; or\n- (b) by following the procedure under section 166A .","sortOrder":484},{"sectionNumber":"sec.166A","sectionType":"section","heading":"Filling particular vacancies arising during beginning of local government’s term","content":"### sec.166A Filling particular vacancies arising during beginning of local government’s term\n\nThis section applies if, under section 166 (1) (a) , a local government is to fill the vacant office of a councillor (the former councillor ) by following the procedure under this section.\nThe chief executive officer must ask the electoral commission to comply with subsection (3) .\nThe electoral commission must—\ngive a vacancy notice to the runner-up who is first in the order of priority; and\nif consent is not given by the runner-up on or before the deadline, give a vacancy notice to the runner-up who is next in the order of priority; and\nif consent is not given by the runner-up who is next in the order of priority on or before the deadline, repeat the step mentioned in paragraph (b) until a runner-up consents to the appointment on or before the deadline for the runner-up.\nIf a runner-up consents to the appointment on or before the deadline for the runner-up—\nthe electoral commission must notify the chief executive officer that the runner-up has consented; and\nthe local government must fill the vacant office by appointing the runner-up.\nIf there are no runners-up remaining, the vacant office must be filled by a by-election.\nThe electoral commission may agree to extend the day and time stated in a vacancy notice if the electoral commission considers it reasonable to do so in the circumstances.\nFor deciding the order of priority, if 2 or more runners-up in a quadrennial election have an equal number of votes—\nthe electoral commission must, in the presence of 2 witnesses, follow the process stated in the Local Government Electoral Act , section 98 (7) (a) to (g) and (8) for the runners-up; and\nthe runner-up whose name is recorded as mentioned in section 98 (7) (g) of that Act is taken to be higher in the order of priority; and\nthe process mentioned in paragraph (a) must be repeated until the order of priority for each runner-up has been decided.\nThe electoral commission must allow each runner-up mentioned in subsection (7) , or their representative, to be present for the process mentioned in that subsection.\nIn this section—\ndeadline , in relation to a runner-up giving consent, means—\nthe day and time stated in a vacancy notice given to the runner-up; or\nif the day and time is extended under subsection (6) —the day and time as extended.\norder of priority , for runners-up in a quadrennial election, means the order of runners-up ranked according to the number of votes received by each runner-up in the election, starting with the runner-up who received the highest number of votes in the election.\nrunner-up , for a vacant office of a councillor, means a person who was a candidate for the office in the last quadrennial election, other than—\nthe former councillor; or\na person who holds office as a councillor (including as the mayor) when the office becomes vacant.\nvacancy notice , in relation to a runner-up, means a notice stating—\nthat the office of a councillor is vacant; and\nif the runner-up is qualified to be a councillor, the runner-up may consent to being appointed to the vacant office; and\nthe day and time by which consent must be given to the electoral commission.\ns 166A ins 2020 No. 20 s 109\namd 2020 No. 38 s 50\n(sec.166A-ssec.1) This section applies if, under section 166 (1) (a) , a local government is to fill the vacant office of a councillor (the former councillor ) by following the procedure under this section.\n(sec.166A-ssec.2) The chief executive officer must ask the electoral commission to comply with subsection (3) .\n(sec.166A-ssec.3) The electoral commission must— give a vacancy notice to the runner-up who is first in the order of priority; and if consent is not given by the runner-up on or before the deadline, give a vacancy notice to the runner-up who is next in the order of priority; and if consent is not given by the runner-up who is next in the order of priority on or before the deadline, repeat the step mentioned in paragraph (b) until a runner-up consents to the appointment on or before the deadline for the runner-up.\n(sec.166A-ssec.4) If a runner-up consents to the appointment on or before the deadline for the runner-up— the electoral commission must notify the chief executive officer that the runner-up has consented; and the local government must fill the vacant office by appointing the runner-up.\n(sec.166A-ssec.5) If there are no runners-up remaining, the vacant office must be filled by a by-election.\n(sec.166A-ssec.6) The electoral commission may agree to extend the day and time stated in a vacancy notice if the electoral commission considers it reasonable to do so in the circumstances.\n(sec.166A-ssec.7) For deciding the order of priority, if 2 or more runners-up in a quadrennial election have an equal number of votes— the electoral commission must, in the presence of 2 witnesses, follow the process stated in the Local Government Electoral Act , section 98 (7) (a) to (g) and (8) for the runners-up; and the runner-up whose name is recorded as mentioned in section 98 (7) (g) of that Act is taken to be higher in the order of priority; and the process mentioned in paragraph (a) must be repeated until the order of priority for each runner-up has been decided.\n(sec.166A-ssec.8) The electoral commission must allow each runner-up mentioned in subsection (7) , or their representative, to be present for the process mentioned in that subsection.\n(sec.166A-ssec.9) In this section— deadline , in relation to a runner-up giving consent, means— the day and time stated in a vacancy notice given to the runner-up; or if the day and time is extended under subsection (6) —the day and time as extended. order of priority , for runners-up in a quadrennial election, means the order of runners-up ranked according to the number of votes received by each runner-up in the election, starting with the runner-up who received the highest number of votes in the election. runner-up , for a vacant office of a councillor, means a person who was a candidate for the office in the last quadrennial election, other than— the former councillor; or a person who holds office as a councillor (including as the mayor) when the office becomes vacant. vacancy notice , in relation to a runner-up, means a notice stating— that the office of a councillor is vacant; and if the runner-up is qualified to be a councillor, the runner-up may consent to being appointed to the vacant office; and the day and time by which consent must be given to the electoral commission.\n- (a) give a vacancy notice to the runner-up who is first in the order of priority; and\n- (b) if consent is not given by the runner-up on or before the deadline, give a vacancy notice to the runner-up who is next in the order of priority; and\n- (c) if consent is not given by the runner-up who is next in the order of priority on or before the deadline, repeat the step mentioned in paragraph (b) until a runner-up consents to the appointment on or before the deadline for the runner-up.\n- (a) the electoral commission must notify the chief executive officer that the runner-up has consented; and\n- (b) the local government must fill the vacant office by appointing the runner-up.\n- (a) the electoral commission must, in the presence of 2 witnesses, follow the process stated in the Local Government Electoral Act , section 98 (7) (a) to (g) and (8) for the runners-up; and\n- (b) the runner-up whose name is recorded as mentioned in section 98 (7) (g) of that Act is taken to be higher in the order of priority; and\n- (c) the process mentioned in paragraph (a) must be repeated until the order of priority for each runner-up has been decided.\n- (a) the day and time stated in a vacancy notice given to the runner-up; or\n- (b) if the day and time is extended under subsection (6) —the day and time as extended.\n- (a) the former councillor; or\n- (b) a person who holds office as a councillor (including as the mayor) when the office becomes vacant.\n- (a) that the office of a councillor is vacant; and\n- (b) if the runner-up is qualified to be a councillor, the runner-up may consent to being appointed to the vacant office; and\n- (c) the day and time by which consent must be given to the electoral commission.","sortOrder":485},{"sectionNumber":"sec.166B","sectionType":"section","heading":"Filling particular vacancies arising during final part of local government’s term","content":"### sec.166B Filling particular vacancies arising during final part of local government’s term\n\nThis section applies if a local government is to fill the vacant office of a councillor (the former councillor ) under section 166 (1) (c) .\nThe vacant office must be filled by the local government appointing, by resolution, a person who—\nis qualified to be a councillor; and\nif the former councillor was elected or appointed to office as a political party’s nominee—is the political party’s nominee.\nIf subsection (2) (b) applies, the chief executive officer must request the political party to advise the full name and address of its nominee.\nThe request must be made by a notice given to the political party’s registered officer within 14 days after the office becomes vacant.\nIf subsection (2) (b) does not apply, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations—\nfrom any person who is qualified to be a councillor, by notice published—\non the local government’s website; and\nin other ways the chief executive officer considers appropriate; and\nfrom each person who was a candidate for the office of the former councillor at the most recent quadrennial election, by notice.\nIf the chief executive officer receives any nominations from qualified persons or candidates, the local government must fill the vacant office by appointing 1 of those persons or candidates.\ns 166B ins 2020 No. 20 s 109\namd 2020 No. 38 s 51\n(sec.166B-ssec.1) This section applies if a local government is to fill the vacant office of a councillor (the former councillor ) under section 166 (1) (c) .\n(sec.166B-ssec.2) The vacant office must be filled by the local government appointing, by resolution, a person who— is qualified to be a councillor; and if the former councillor was elected or appointed to office as a political party’s nominee—is the political party’s nominee.\n(sec.166B-ssec.3) If subsection (2) (b) applies, the chief executive officer must request the political party to advise the full name and address of its nominee.\n(sec.166B-ssec.4) The request must be made by a notice given to the political party’s registered officer within 14 days after the office becomes vacant.\n(sec.166B-ssec.5) If subsection (2) (b) does not apply, the chief executive officer must, within 14 days after the office becomes vacant, invite nominations— from any person who is qualified to be a councillor, by notice published— on the local government’s website; and in other ways the chief executive officer considers appropriate; and from each person who was a candidate for the office of the former councillor at the most recent quadrennial election, by notice.\n(sec.166B-ssec.6) If the chief executive officer receives any nominations from qualified persons or candidates, the local government must fill the vacant office by appointing 1 of those persons or candidates.\n- (a) is qualified to be a councillor; and\n- (b) if the former councillor was elected or appointed to office as a political party’s nominee—is the political party’s nominee.\n- (a) from any person who is qualified to be a councillor, by notice published— (i) on the local government’s website; and (ii) in other ways the chief executive officer considers appropriate; and\n- (i) on the local government’s website; and\n- (ii) in other ways the chief executive officer considers appropriate; and\n- (b) from each person who was a candidate for the office of the former councillor at the most recent quadrennial election, by notice.\n- (i) on the local government’s website; and\n- (ii) in other ways the chief executive officer considers appropriate; and","sortOrder":486},{"sectionNumber":"ch.6-pt.2-div.4","sectionType":"division","heading":"Councillors with other jobs","content":"## Councillors with other jobs","sortOrder":487},{"sectionNumber":"sec.167","sectionType":"section","heading":"Councillors and local government jobs","content":"### sec.167 Councillors and local government jobs\n\nIf a person becomes a councillor while the person is a local government employee, the person is taken to have resigned as a local government employee on the day before the person becomes a councillor.\nA local government employee includes an employee of a type of entity prescribed under a regulation.\nHowever, a local government employee does not include a person who—\nis employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or\nis a member of a class of employees that is prescribed under a regulation.\n(sec.167-ssec.1) If a person becomes a councillor while the person is a local government employee, the person is taken to have resigned as a local government employee on the day before the person becomes a councillor.\n(sec.167-ssec.2) A local government employee includes an employee of a type of entity prescribed under a regulation.\n(sec.167-ssec.3) However, a local government employee does not include a person who— is employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or is a member of a class of employees that is prescribed under a regulation.\n- (a) is employed under a federally funded community development project for Aborigines or Torres Strait Islanders; or\n- (b) is a member of a class of employees that is prescribed under a regulation.","sortOrder":488},{"sectionNumber":"sec.168","sectionType":"section","heading":null,"content":"### Section sec.168\n\ns 168 amd 2010 No. 23 s 307\nom 2012 No. 33 s 123","sortOrder":489},{"sectionNumber":"ch.6-pt.2-div.5","sectionType":"division","heading":"Obligations of councillors","content":"## Obligations of councillors","sortOrder":490},{"sectionNumber":"sec.169","sectionType":"section","heading":"Obligations of councillors before acting in office","content":"### sec.169 Obligations of councillors before acting in office\n\nA councillor must not act in office until the councillor makes the declaration of office.\nThe declaration of office is a declaration prescribed under a regulation.\nThe chief executive officer is authorised to take the declaration of office.\nThe chief executive officer must keep a record of the taking of the declaration of office.\nA person ceases to be a councillor if the person does not comply with subsection (1) within—\n30 days after being appointed or elected; or\na longer period allowed by the Minister.\ns 169 amd 2019 No. 30 s 146\n(sec.169-ssec.1) A councillor must not act in office until the councillor makes the declaration of office.\n(sec.169-ssec.2) The declaration of office is a declaration prescribed under a regulation.\n(sec.169-ssec.3) The chief executive officer is authorised to take the declaration of office.\n(sec.169-ssec.4) The chief executive officer must keep a record of the taking of the declaration of office.\n(sec.169-ssec.5) A person ceases to be a councillor if the person does not comply with subsection (1) within— 30 days after being appointed or elected; or a longer period allowed by the Minister.\n- (a) 30 days after being appointed or elected; or\n- (b) a longer period allowed by the Minister.","sortOrder":491},{"sectionNumber":"sec.169A","sectionType":"section","heading":"Councillor training","content":"### sec.169A Councillor training\n\nA councillor must complete each approved training course unless the councillor has, at any time, previously completed the approved training course.\nThe training must be completed by the councillor—\nwithin the period prescribed by regulation; or\nif the department’s chief executive extends the period for the councillor—within the extended period.\nThe department’s chief executive may extend the period under subsection (2) (b) only if the department’s chief executive is satisfied it would be appropriate in the circumstances.\nthe councillor is unable to complete the training due to unavoidable absence\nThe department’s chief executive must publish a notice about the approved training course on the department’s website within the period prescribed by regulation.\nAlso, the department’s chief executive must give a notice about the approved training course—\nto each local government and each councillor of the local government within the period prescribed by regulation; and\nif a councillor is appointed or elected to fill a vacancy in the office of another councillor—to the local government and the councillor within 20 business days after the councillor is appointed or elected.\nA notice under subsections (4) and (5) must state the following—\na description of the approved training course;\nthe requirements for successful completion of the course;\nfor a notice given under subsection (5) —when the course must be completed by the councillor.\nA regulation may prescribe requirements for the training required under this section, including—\nthe format of the training; and\nhow the training may be successfully completed.\nIn this section—\napproved training course means a course of training approved by the department’s chief executive that—\nis about a councillor’s responsibilities under section 12 ; and\nmeets the requirements under subsection (7) .\ns 169A ins 2023 No. 30 s 97\namd 2026 No. 5 s 66\n(sec.169A-ssec.1) A councillor must complete each approved training course unless the councillor has, at any time, previously completed the approved training course.\n(sec.169A-ssec.2) The training must be completed by the councillor— within the period prescribed by regulation; or if the department’s chief executive extends the period for the councillor—within the extended period.\n(sec.169A-ssec.3) The department’s chief executive may extend the period under subsection (2) (b) only if the department’s chief executive is satisfied it would be appropriate in the circumstances. the councillor is unable to complete the training due to unavoidable absence\n(sec.169A-ssec.4) The department’s chief executive must publish a notice about the approved training course on the department’s website within the period prescribed by regulation.\n(sec.169A-ssec.5) Also, the department’s chief executive must give a notice about the approved training course— to each local government and each councillor of the local government within the period prescribed by regulation; and if a councillor is appointed or elected to fill a vacancy in the office of another councillor—to the local government and the councillor within 20 business days after the councillor is appointed or elected.\n(sec.169A-ssec.6) A notice under subsections (4) and (5) must state the following— a description of the approved training course; the requirements for successful completion of the course; for a notice given under subsection (5) —when the course must be completed by the councillor.\n(sec.169A-ssec.7) A regulation may prescribe requirements for the training required under this section, including— the format of the training; and how the training may be successfully completed.\n(sec.169A-ssec.8) In this section— approved training course means a course of training approved by the department’s chief executive that— is about a councillor’s responsibilities under section 12 ; and meets the requirements under subsection (7) .\n- (a) within the period prescribed by regulation; or\n- (b) if the department’s chief executive extends the period for the councillor—within the extended period.\n- (a) to each local government and each councillor of the local government within the period prescribed by regulation; and\n- (b) if a councillor is appointed or elected to fill a vacancy in the office of another councillor—to the local government and the councillor within 20 business days after the councillor is appointed or elected.\n- (a) a description of the approved training course;\n- (b) the requirements for successful completion of the course;\n- (c) for a notice given under subsection (5) —when the course must be completed by the councillor.\n- (a) the format of the training; and\n- (b) how the training may be successfully completed.\n- (a) is about a councillor’s responsibilities under section 12 ; and\n- (b) meets the requirements under subsection (7) .","sortOrder":492},{"sectionNumber":"sec.170","sectionType":"section","heading":"Giving directions to local government staff","content":"### sec.170 Giving directions to local government staff\n\nThe mayor may give a direction to the chief executive officer.\nHowever, a direction under subsection (1) must not be given if—\nit is inconsistent with a resolution, or a document adopted by resolution, of the local government; or\nit relates to the appointment of a local government employee under section 196 (3) or (4) ; or\nit relates to disciplinary action by the chief executive officer in relation to a local government employee under section 197 or a councillor advisor; or\nit would result in the chief executive officer contravening a provision of an Act.\nNo councillor, including the mayor, may give a direction to any other local government employee, except in accordance with guidelines made under section 170AA about the provision of administrative support to councillors.\nThe mayor or another councillor must not give a direction in contravention of subsection (2) or (3) .\nContravention of this subsection is misconduct that could result in disciplinary action being taken against the councillor. See sections 150L (1) (c) (iii) , 150AQ and 150AR .\nThe chief executive officer must—\nkeep a record of each direction given to the chief executive officer; and\nmake available to the local government each direction mentioned in paragraph (a) .\ns 170 amd 2010 No. 23 s 308 ; 2012 No. 33 s 124 ; 2019 No. 30 s 108 ; 2020 No. 20 s 110 ; 2023 No. 30 s 98 ; 2026 No. 5 s 141 sch 1 pt 1\n(sec.170-ssec.1) The mayor may give a direction to the chief executive officer.\n(sec.170-ssec.2) However, a direction under subsection (1) must not be given if— it is inconsistent with a resolution, or a document adopted by resolution, of the local government; or it relates to the appointment of a local government employee under section 196 (3) or (4) ; or it relates to disciplinary action by the chief executive officer in relation to a local government employee under section 197 or a councillor advisor; or it would result in the chief executive officer contravening a provision of an Act.\n(sec.170-ssec.3) No councillor, including the mayor, may give a direction to any other local government employee, except in accordance with guidelines made under section 170AA about the provision of administrative support to councillors.\n(sec.170-ssec.4) The mayor or another councillor must not give a direction in contravention of subsection (2) or (3) . Contravention of this subsection is misconduct that could result in disciplinary action being taken against the councillor. See sections 150L (1) (c) (iii) , 150AQ and 150AR .\n(sec.170-ssec.5) The chief executive officer must— keep a record of each direction given to the chief executive officer; and make available to the local government each direction mentioned in paragraph (a) .\n- (a) it is inconsistent with a resolution, or a document adopted by resolution, of the local government; or\n- (b) it relates to the appointment of a local government employee under section 196 (3) or (4) ; or\n- (c) it relates to disciplinary action by the chief executive officer in relation to a local government employee under section 197 or a councillor advisor; or\n- (d) it would result in the chief executive officer contravening a provision of an Act.\n- (a) keep a record of each direction given to the chief executive officer; and\n- (b) make available to the local government each direction mentioned in paragraph (a) .","sortOrder":493},{"sectionNumber":"sec.170A","sectionType":"section","heading":"Requests for assistance or information","content":"### sec.170A Requests for assistance or information\n\nA councillor may ask a local government employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.\nA councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the local government has access to, relating to the local government.\nA regulation may prescribe the maximum cost to a local government of providing information to a councillor.\nIf the advice or information requested under subsection (1) or (2) relates to a document, the requirement under subsection (9) to comply with the request includes a requirement to provide a copy of the document.\nSubsections (2) and (3) do not apply to information or a document—\nthat is a record of the conduct tribunal; or\nthat was a record of a former conduct review body; or\nthat comprises proceedings in the Assembly under the Parliament of Queensland Act 2001 , section 9 ; or\nif disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or\nthat would be privileged from production in a legal proceeding on the ground of legal professional privilege.\nA request of a councillor under subsection (1) or (2) is of no effect if the request does not comply with the acceptable requests guidelines.\nSubsection (5) does not apply to—\nthe mayor; or\nthe chairperson of a committee of a local government if the request relates to the role of the chairperson.\nThe acceptable requests guidelines are guidelines, adopted by resolution of the local government, about—\nthe way in which a councillor may ask a local government employee for advice to help the councillor carry out his or her responsibilities under this Act; and\nreasonable limits on requests that a councillor may make.\nIn this section a local government employee includes a person prescribed under a regulation.\nThe chief executive officer must comply with a request made to the chief executive officer under subsection (1) or (2) —\nwithin 10 business days after receiving the request; or\nif the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request.\nMaximum penalty—20 penalty units.\nIf the chief executive officer forms the belief mentioned in subsection (9) (b) , the chief executive officer must give the councillor notice about the belief and the reasons for the belief within 10 business days after receiving the request.\nIn this section—\nformer conduct review body means a regional conduct review panel or the Local Government Remuneration and Discipline Tribunal under this Act as in force before the commencement of the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 , section 18 .\ns 170A ins 2010 No. 23 s 309\nsub 2012 No. 33 s 125\namd 2018 No. 8 s 15 ; 2019 No. 30 ss 109 , 147 ; 2026 No. 5 s 67\n(sec.170A-ssec.1) A councillor may ask a local government employee to provide advice to assist the councillor to carry out his or her responsibilities under this Act.\n(sec.170A-ssec.2) A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the local government has access to, relating to the local government. A regulation may prescribe the maximum cost to a local government of providing information to a councillor.\n(sec.170A-ssec.3) If the advice or information requested under subsection (1) or (2) relates to a document, the requirement under subsection (9) to comply with the request includes a requirement to provide a copy of the document.\n(sec.170A-ssec.4) Subsections (2) and (3) do not apply to information or a document— that is a record of the conduct tribunal; or that was a record of a former conduct review body; or that comprises proceedings in the Assembly under the Parliament of Queensland Act 2001 , section 9 ; or if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or that would be privileged from production in a legal proceeding on the ground of legal professional privilege.\n(sec.170A-ssec.5) A request of a councillor under subsection (1) or (2) is of no effect if the request does not comply with the acceptable requests guidelines.\n(sec.170A-ssec.6) Subsection (5) does not apply to— the mayor; or the chairperson of a committee of a local government if the request relates to the role of the chairperson.\n(sec.170A-ssec.7) The acceptable requests guidelines are guidelines, adopted by resolution of the local government, about— the way in which a councillor may ask a local government employee for advice to help the councillor carry out his or her responsibilities under this Act; and reasonable limits on requests that a councillor may make.\n(sec.170A-ssec.8) In this section a local government employee includes a person prescribed under a regulation.\n(sec.170A-ssec.9) The chief executive officer must comply with a request made to the chief executive officer under subsection (1) or (2) — within 10 business days after receiving the request; or if the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request. Maximum penalty—20 penalty units.\n(sec.170A-ssec.10) If the chief executive officer forms the belief mentioned in subsection (9) (b) , the chief executive officer must give the councillor notice about the belief and the reasons for the belief within 10 business days after receiving the request.\n(sec.170A-ssec.11) In this section— former conduct review body means a regional conduct review panel or the Local Government Remuneration and Discipline Tribunal under this Act as in force before the commencement of the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 , section 18 .\n- (a) that is a record of the conduct tribunal; or\n- (b) that was a record of a former conduct review body; or\n- (c) that comprises proceedings in the Assembly under the Parliament of Queensland Act 2001 , section 9 ; or\n- (d) if disclosure of the information or document to the councillor would be contrary to an order of a court or tribunal; or\n- (e) that would be privileged from production in a legal proceeding on the ground of legal professional privilege.\n- (a) the mayor; or\n- (b) the chairperson of a committee of a local government if the request relates to the role of the chairperson.\n- (a) the way in which a councillor may ask a local government employee for advice to help the councillor carry out his or her responsibilities under this Act; and\n- (b) reasonable limits on requests that a councillor may make.\n- (a) within 10 business days after receiving the request; or\n- (b) if the chief executive officer reasonably believes it is not practicable to comply with the request within 10 business days—within 20 business days after receiving the request.","sortOrder":494},{"sectionNumber":"sec.170AA","sectionType":"section","heading":"Guidelines about provision of administrative support to councillors","content":"### sec.170AA Guidelines about provision of administrative support to councillors\n\nThe chief executive officer of a local government may make guidelines about the provision of administrative support by local government employees to a councillor.\nThe guidelines must include—\nwhen a councillor may be provided with administrative support by a local government employee; and\nhow and when a councillor may give a direction to a local government employee in relation to the provision of administrative support; and\na requirement that a councillor may give a direction to a local government employee only if the direction relates directly to administrative support to be provided by the local government employee to the councillor under the guidelines.\nA direction purportedly given by a councillor to a local government employee is of no effect if the direction does not comply with the guidelines.\ns 170AA in 2020 No. 20 s 111\n(sec.170AA-ssec.1) The chief executive officer of a local government may make guidelines about the provision of administrative support by local government employees to a councillor.\n(sec.170AA-ssec.2) The guidelines must include— when a councillor may be provided with administrative support by a local government employee; and how and when a councillor may give a direction to a local government employee in relation to the provision of administrative support; and a requirement that a councillor may give a direction to a local government employee only if the direction relates directly to administrative support to be provided by the local government employee to the councillor under the guidelines.\n(sec.170AA-ssec.3) A direction purportedly given by a councillor to a local government employee is of no effect if the direction does not comply with the guidelines.\n- (a) when a councillor may be provided with administrative support by a local government employee; and\n- (b) how and when a councillor may give a direction to a local government employee in relation to the provision of administrative support; and\n- (c) a requirement that a councillor may give a direction to a local government employee only if the direction relates directly to administrative support to be provided by the local government employee to the councillor under the guidelines.","sortOrder":495},{"sectionNumber":"sec.171","sectionType":"section","heading":"Use of information by councillors","content":"### sec.171 Use of information by councillors\n\nA person who is, or has been, a councillor must not use information that was acquired as a councillor to—\ngain, directly or indirectly, a financial advantage for the person or someone else; or\ncause detriment to the local government.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (1) does not apply to information that is lawfully available to the public.\nA councillor must not release information that the councillor knows, or should reasonably know, is information that is confidential to the local government.\nContravention of subsection (3) is misconduct that could result in disciplinary action being taken against a councillor. See sections 150L (1) (c) (iii) , 150AQ and 150AR .\ns 171 amd 2010 No. 23 s 310 ; 2018 No. 8 s 16 ; 2019 No. 30 s 110 ; 2023 No. 30 s 119 sch 1\n(sec.171-ssec.1) A person who is, or has been, a councillor must not use information that was acquired as a councillor to— gain, directly or indirectly, a financial advantage for the person or someone else; or cause detriment to the local government. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.171-ssec.2) Subsection (1) does not apply to information that is lawfully available to the public.\n(sec.171-ssec.3) A councillor must not release information that the councillor knows, or should reasonably know, is information that is confidential to the local government. Contravention of subsection (3) is misconduct that could result in disciplinary action being taken against a councillor. See sections 150L (1) (c) (iii) , 150AQ and 150AR .\n- (a) gain, directly or indirectly, a financial advantage for the person or someone else; or\n- (b) cause detriment to the local government.","sortOrder":496},{"sectionNumber":"sec.171A","sectionType":"section","heading":null,"content":"### Section sec.171A\n\ns 171A ins 2012 No. 33 s 126\nom 2020 No. 20 s 112","sortOrder":497},{"sectionNumber":"sec.171B","sectionType":"section","heading":null,"content":"### Section sec.171B\n\ns 171B ins 2013 No. 60 s 14\nom 2020 No. 20 s 112","sortOrder":498},{"sectionNumber":"sec.172","sectionType":"section","heading":"Failure to give particular returns under Local Government Electoral Act","content":"### sec.172 Failure to give particular returns under Local Government Electoral Act\n\nIf a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends.\nIn particular circumstances, the required period may be taken to be extended—see section 173 .\nHowever, subsections (3) to (5) apply if—\nunder the Local Government Electoral Act , an agent was required to give the summary return for—\nthe person; or\na group of candidates of which the person was a member; or\na political party that endorsed the candidature of the person; and\nthe agent fails to give the summary return within the required period.\nAs soon as practicable after the date of the notice given to the person under the Local Government Electoral Act , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that—\nthe agent failed to give the summary return within the required period; and\nthe person intends to give the return under subsection (4) .\nThe person must give the summary return within—\n30 days after the date of the notice of the agent’s failure; or\na longer period allowed by the Minister.\nIn particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 173 .\nThe person ceases to be a councillor if the person does not comply with subsection (4) .\nIn this section—\nrequired period , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act .\nsummary return means a return required to be given under the following provisions of the Local Government Electoral Act —\nsection 117 (4) ;\nsection 118 (4) ;\nsection 120 (6) ;\nsection 125 (2) .\ns 172 prev s 172 amd 2010 No. 23 s 311 ; 2012 No. 33 s 127\nom 2018 No. 9 s 23\npres s 172 ins 2019 No. 30 s 150A\namd 2023 No. 8 s 9\n(sec.172-ssec.1) If a person who is elected as a councillor fails to give a summary return within the required period or a longer period allowed by the Minister, the person ceases to be a councillor on the day immediately after the required period or the longer period ends. In particular circumstances, the required period may be taken to be extended—see section 173 .\n(sec.172-ssec.2) However, subsections (3) to (5) apply if— under the Local Government Electoral Act , an agent was required to give the summary return for— the person; or a group of candidates of which the person was a member; or a political party that endorsed the candidature of the person; and the agent fails to give the summary return within the required period.\n(sec.172-ssec.3) As soon as practicable after the date of the notice given to the person under the Local Government Electoral Act , section 130C that the agent has failed to give the summary return, the person must give the Minister a notice stating that— the agent failed to give the summary return within the required period; and the person intends to give the return under subsection (4) .\n(sec.172-ssec.4) The person must give the summary return within— 30 days after the date of the notice of the agent’s failure; or a longer period allowed by the Minister. In particular circumstances, the period mentioned in paragraph (a) may be taken to be extended—see section 173 .\n(sec.172-ssec.5) The person ceases to be a councillor if the person does not comply with subsection (4) .\n(sec.172-ssec.6) In this section— required period , for a summary return, means the period within which the summary return must be given under the Local Government Electoral Act . summary return means a return required to be given under the following provisions of the Local Government Electoral Act — section 117 (4) ; section 118 (4) ; section 120 (6) ; section 125 (2) .\n- (a) under the Local Government Electoral Act , an agent was required to give the summary return for— (i) the person; or (ii) a group of candidates of which the person was a member; or (iii) a political party that endorsed the candidature of the person; and\n- (i) the person; or\n- (ii) a group of candidates of which the person was a member; or\n- (iii) a political party that endorsed the candidature of the person; and\n- (b) the agent fails to give the summary return within the required period.\n- (i) the person; or\n- (ii) a group of candidates of which the person was a member; or\n- (iii) a political party that endorsed the candidature of the person; and\n- (a) the agent failed to give the summary return within the required period; and\n- (b) the person intends to give the return under subsection (4) .\n- (a) 30 days after the date of the notice of the agent’s failure; or\n- (b) a longer period allowed by the Minister.\n- (a) section 117 (4) ;\n- (b) section 118 (4) ;\n- (c) section 120 (6) ;\n- (d) section 125 (2) .","sortOrder":499},{"sectionNumber":"sec.173","sectionType":"section","heading":"Extension of time for giving summary return","content":"### sec.173 Extension of time for giving summary return\n\nFor section 172 (1) or (4) , a person who is elected as a councillor may make a written request to the Minister to allow a longer period for giving a summary return.\nThe request must be made before the following period (the relevant period ) ends—\nfor section 172 (1) , the required period;\nfor section 172 (4) , the period mentioned in section 172 (4) (a) .\nIf, when the relevant periods ends, the Minister has not decided the request, the relevant period is taken to be extended until the date of the notice of the Minister’s decision.\nIn this section—\nrequired period see section 172 (6) .\nsummary return see section 172 (6) .\ns 173 prev s 173 sub 2011 No. 27 s 278\namd 2012 No. 33 s 128\nom 2018 No. 9 s 23\npres s 173 ins 2019 No. 30 s 150A\n(sec.173-ssec.1) For section 172 (1) or (4) , a person who is elected as a councillor may make a written request to the Minister to allow a longer period for giving a summary return.\n(sec.173-ssec.2) The request must be made before the following period (the relevant period ) ends— for section 172 (1) , the required period; for section 172 (4) , the period mentioned in section 172 (4) (a) .\n(sec.173-ssec.3) If, when the relevant periods ends, the Minister has not decided the request, the relevant period is taken to be extended until the date of the notice of the Minister’s decision.\n(sec.173-ssec.4) In this section— required period see section 172 (6) . summary return see section 172 (6) .\n- (a) for section 172 (1) , the required period;\n- (b) for section 172 (4) , the period mentioned in section 172 (4) (a) .","sortOrder":500},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 om 2012 No. 33 s 129","sortOrder":501},{"sectionNumber":"sec.175","sectionType":"section","heading":"Post-election meetings","content":"### sec.175 Post-election meetings\n\nA local government must hold a meeting within 14 days after—\nthe conclusion of each quadrennial election; and\nthe conclusion of a fresh election of its councillors.\nThe local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)—\nat that meeting; and\nat the first meeting after the office of the councillor who is the deputy mayor becomes vacant.\ns 175 amd 2010 No. 23 s 312\n(sec.175-ssec.1) A local government must hold a meeting within 14 days after— the conclusion of each quadrennial election; and the conclusion of a fresh election of its councillors.\n(sec.175-ssec.2) The local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor)— at that meeting; and at the first meeting after the office of the councillor who is the deputy mayor becomes vacant.\n- (a) the conclusion of each quadrennial election; and\n- (b) the conclusion of a fresh election of its councillors.\n- (a) at that meeting; and\n- (b) at the first meeting after the office of the councillor who is the deputy mayor becomes vacant.","sortOrder":502},{"sectionNumber":"ch.6-pt.2-div.5A","sectionType":"division","heading":null,"content":"","sortOrder":503},{"sectionNumber":"ch.6-pt.2-div.6","sectionType":"division","heading":"Responsibilities during leave of absence","content":"## Responsibilities during leave of absence","sortOrder":504},{"sectionNumber":"sec.175A","sectionType":"section","heading":"Responsibilities of councillors during leave of absence","content":"### sec.175A Responsibilities of councillors during leave of absence\n\nThis section applies if a local government grants a councillor a leave of absence for 1 or more ordinary meetings of the local government.\nTo remove any doubt, it is declared that the councillor may perform any responsibility under section 12 during the councillor’s leave of absence.\ns 175A prev s 175A ins 2018 No. 9 s 24\nom 2020 No. 20 s 113\npres s 175A ins 2026 No. 5 s 68\n(sec.175A-ssec.1) This section applies if a local government grants a councillor a leave of absence for 1 or more ordinary meetings of the local government.\n(sec.175A-ssec.2) To remove any doubt, it is declared that the councillor may perform any responsibility under section 12 during the councillor’s leave of absence.","sortOrder":505},{"sectionNumber":"sec.175B","sectionType":"section","heading":null,"content":"### Section sec.175B\n\ns 175B ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":506},{"sectionNumber":"sec.175C","sectionType":"section","heading":null,"content":"### Section sec.175C\n\ns 175C ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":507},{"sectionNumber":"sec.175D","sectionType":"section","heading":null,"content":"### Section sec.175D\n\ns 175D ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":508},{"sectionNumber":"sec.175E","sectionType":"section","heading":null,"content":"### Section sec.175E\n\ns 175E ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":509},{"sectionNumber":"sec.175F","sectionType":"section","heading":null,"content":"### Section sec.175F\n\ns 175F ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":510},{"sectionNumber":"sec.175G","sectionType":"section","heading":null,"content":"### Section sec.175G\n\ns 175G ins 2018 No. 9 s 24\namd 2018 No. 9 s 26C\nom 2020 No. 20 s 113","sortOrder":511},{"sectionNumber":"sec.175H","sectionType":"section","heading":null,"content":"### Section sec.175H\n\ns 175H ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":512},{"sectionNumber":"sec.175I","sectionType":"section","heading":null,"content":"### Section sec.175I\n\ns 175I ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":513},{"sectionNumber":"sec.175J","sectionType":"section","heading":null,"content":"### Section sec.175J\n\ns 175J ins 2018 No. 9 s 24\nom 2020 No. 20 s 113","sortOrder":514},{"sectionNumber":"ch.6-pt.2-div.7","sectionType":"division","heading":"Automatic suspension of councillors","content":"## Automatic suspension of councillors","sortOrder":515},{"sectionNumber":"sec.175K","sectionType":"section","heading":"Automatic suspension for certain offences","content":"### sec.175K Automatic suspension for certain offences\n\nA person is automatically suspended as a councillor when the person is charged with a disqualifying offence.\nSubsection (3) applies if, when a person is appointed or elected as a councillor, a proceeding for a disqualifying offence against the person has been started but has not ended.\nThe person is automatically suspended as a councillor when the person’s term as councillor starts.\ns 175K (prev s 182A) ins 2018 No. 9 s 25A\nrenum 2019 No. 30 s 115\n(sec.175K-ssec.1) A person is automatically suspended as a councillor when the person is charged with a disqualifying offence.\n(sec.175K-ssec.2) Subsection (3) applies if, when a person is appointed or elected as a councillor, a proceeding for a disqualifying offence against the person has been started but has not ended.\n(sec.175K-ssec.3) The person is automatically suspended as a councillor when the person’s term as councillor starts.","sortOrder":516},{"sectionNumber":"sec.175L","sectionType":"section","heading":"When a person is charged with disqualifying offence and proceeding is started","content":"### sec.175L When a person is charged with disqualifying offence and proceeding is started\n\nFor this division and division 8 —\na person is charged with a disqualifying offence when—\na police officer arrests and charges the person for the offence; or\nthe person is served with a notice to appear for the offence; or\nthe person is served with a complaint for the offence under the Justices Act 1886 ; or\na charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or\nan ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and\na proceeding for a disqualifying offence is started against a person when the person is charged with the offence.\ns 175L (prev s 182B) ins 2018 No. 9 s 25A\nrenum 2019 No. 30 s 115\n- (a) a person is charged with a disqualifying offence when— (i) a police officer arrests and charges the person for the offence; or (ii) the person is served with a notice to appear for the offence; or (iii) the person is served with a complaint for the offence under the Justices Act 1886 ; or (iv) a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or (v) an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and\n- (i) a police officer arrests and charges the person for the offence; or\n- (ii) the person is served with a notice to appear for the offence; or\n- (iii) the person is served with a complaint for the offence under the Justices Act 1886 ; or\n- (iv) a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or\n- (v) an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and\n- (b) a proceeding for a disqualifying offence is started against a person when the person is charged with the offence.\n- (i) a police officer arrests and charges the person for the offence; or\n- (ii) the person is served with a notice to appear for the offence; or\n- (iii) the person is served with a complaint for the offence under the Justices Act 1886 ; or\n- (iv) a charge for the offence is made against the person in a proceeding without a complaint under the Justices Act 1886 ; or\n- (v) an ex officio indictment against the person for the offence is presented to the Supreme Court or the District Court; and","sortOrder":517},{"sectionNumber":"sec.175M","sectionType":"section","heading":"Obligation to give notice if charged with disqualifying offence","content":"### sec.175M Obligation to give notice if charged with disqualifying offence\n\nThis section applies if—\na councillor is charged with a disqualifying offence; or\na proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.\nThe councillor must immediately give a notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor of the local government—the mayor;\nthe chief executive officer of the local government.\nMaximum penalty—100 penalty units.\nFor subsection (2) , the notice must state—\nthe provision of the law against which the councillor is charged; and\nthe day the councillor was charged.\ns 175M (prev s 182C) ins 2018 No. 9 s 25A\nrenum 2019 No. 30 s 115\n(sec.175M-ssec.1) This section applies if— a councillor is charged with a disqualifying offence; or a proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.\n(sec.175M-ssec.2) The councillor must immediately give a notice that complies with subsection (3) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor of the local government—the mayor; the chief executive officer of the local government. Maximum penalty—100 penalty units.\n(sec.175M-ssec.3) For subsection (2) , the notice must state— the provision of the law against which the councillor is charged; and the day the councillor was charged.\n- (a) a councillor is charged with a disqualifying offence; or\n- (b) a proceeding for a disqualifying offence has been started, but has not ended, against a councillor when the councillor is appointed or elected.\n- (a) the Minister;\n- (b) if the councillor is not the mayor of the local government—the mayor;\n- (c) the chief executive officer of the local government.\n- (a) the provision of the law against which the councillor is charged; and\n- (b) the day the councillor was charged.","sortOrder":518},{"sectionNumber":"sec.175N","sectionType":"section","heading":"Effect of councillor’s suspension","content":"### sec.175N Effect of councillor’s suspension\n\nThis section applies while a councillor is suspended as a councillor under this division.\nThe councillor must not act as a councillor.\nIf the councillor is the mayor or deputy mayor, the councillor is also suspended as mayor or deputy mayor.\nThe councillor’s obligations under division 5 are not affected.\nThe Minister’s power to exercise a power in relation to the councillor under chapter 5 , part 1 , division 3 is not affected.\nThe councillor is entitled to be paid remuneration as a councillor.\nIn this section—\nremuneration , as a councillor, does not include an amount payable to a councillor for performing a particular responsibility, including, for example, attending a meeting of the local government or any of its committees.\ns 175N (prev s 182D) ins 2018 No. 9 s 25A\nrenum 2019 No. 30 s 115\namd 2023 No. 30 s 119 sch 1\n(sec.175N-ssec.1) This section applies while a councillor is suspended as a councillor under this division.\n(sec.175N-ssec.2) The councillor must not act as a councillor.\n(sec.175N-ssec.3) If the councillor is the mayor or deputy mayor, the councillor is also suspended as mayor or deputy mayor.\n(sec.175N-ssec.4) The councillor’s obligations under division 5 are not affected.\n(sec.175N-ssec.5) The Minister’s power to exercise a power in relation to the councillor under chapter 5 , part 1 , division 3 is not affected.\n(sec.175N-ssec.6) The councillor is entitled to be paid remuneration as a councillor.\n(sec.175N-ssec.7) In this section— remuneration , as a councillor, does not include an amount payable to a councillor for performing a particular responsibility, including, for example, attending a meeting of the local government or any of its committees.","sortOrder":519},{"sectionNumber":"sec.175O","sectionType":"section","heading":"When suspension of councillor ends","content":"### sec.175O When suspension of councillor ends\n\nIf a councillor is suspended under section 175K , the suspension ends when the earliest of the following happens—\nfor each disqualifying offence to which the suspension relates—\nif the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or\nif the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or\nthe proceeding for the offence otherwise ends;\nIf the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .\nthe councillor’s term ends under section 160 ;\nthe councillor’s office becomes vacant under section 162 .\ns 175O (prev s 182E) ins 2018 No. 9 s 25A\namd 2019 No. 30 s 112\nrenum 2019 No. 30 s 115\n- (a) for each disqualifying offence to which the suspension relates— (i) if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or (ii) if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or (iii) the proceeding for the offence otherwise ends; Note— If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .\n- (i) if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or\n- (ii) if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or\n- (iii) the proceeding for the offence otherwise ends; Note— If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .\n- (b) the councillor’s term ends under section 160 ;\n- (c) the councillor’s office becomes vacant under section 162 .\n- (i) if the councillor is convicted of the offence and appeals the conviction—the conviction is set aside or quashed on appeal; or\n- (ii) if the councillor is convicted of the offence and does not appeal the conviction—the time within which an appeal must by law be started ends; or\n- (iii) the proceeding for the offence otherwise ends; Note— If the councillor is convicted of a disqualifying offence, the councillor’s office becomes vacant. See section 162 .","sortOrder":520},{"sectionNumber":"ch.6-pt.2-div.8","sectionType":"division","heading":"Criminal history information","content":"## Criminal history information","sortOrder":521},{"sectionNumber":"sec.175P","sectionType":"section","heading":"Criminal history report","content":"### sec.175P Criminal history report\n\nThis section applies if the Minister—\nreceives a notice from a councillor—\nunder section 158A in relation to the conviction of the councillor for a disqualifying offence; or\nunder section 175M ; or\nreasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.\nThe Minister may ask the police commissioner for a written report about the criminal history of the councillor that includes a brief description of the circumstances of a conviction or charge mentioned in the criminal history.\nThe police commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\nIn this section—\ncriminal history , of a councillor, includes—\na spent conviction; and\nevery charge made against the councillor for an offence, in Queensland or elsewhere.\ns 175P (prev s 182F) ins 2018 No. 9 s 25A\namd 2019 No. 30 s 113\nrenum 2019 No. 30 s 115\n(sec.175P-ssec.1) This section applies if the Minister— receives a notice from a councillor— under section 158A in relation to the conviction of the councillor for a disqualifying offence; or under section 175M ; or reasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.\n(sec.175P-ssec.2) The Minister may ask the police commissioner for a written report about the criminal history of the councillor that includes a brief description of the circumstances of a conviction or charge mentioned in the criminal history.\n(sec.175P-ssec.3) The police commissioner must comply with the request.\n(sec.175P-ssec.4) However, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.175P-ssec.5) In this section— criminal history , of a councillor, includes— a spent conviction; and every charge made against the councillor for an offence, in Queensland or elsewhere.\n- (a) receives a notice from a councillor— (i) under section 158A in relation to the conviction of the councillor for a disqualifying offence; or (ii) under section 175M ; or\n- (i) under section 158A in relation to the conviction of the councillor for a disqualifying offence; or\n- (ii) under section 175M ; or\n- (b) reasonably suspects a councillor has been charged with, or convicted of, a disqualifying offence.\n- (i) under section 158A in relation to the conviction of the councillor for a disqualifying offence; or\n- (ii) under section 175M ; or\n- (a) a spent conviction; and\n- (b) every charge made against the councillor for an offence, in Queensland or elsewhere.","sortOrder":522},{"sectionNumber":"sec.175Q","sectionType":"section","heading":"Confidentiality of criminal history information","content":"### sec.175Q Confidentiality of criminal history information\n\nThis section applies to a person who possesses criminal history information because the person—\nis or was an officer, employee or agent of the department; or\nis or was a councillor, officer, employee or agent of a local government.\nThe person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3) .\nMaximum penalty—100 penalty units.\nThe person is permitted to disclose the criminal history information to another person—\nto the extent necessary to perform the person’s functions under this Act; or\nif the disclosure is authorised under an Act; or\nif the disclosure is otherwise required or permitted by law; or\nif the person to whom the information relates consents to the disclosure; or\nif the disclosure is in a form that does not identify the person to whom the information relates; or\nif the information is, or has been, lawfully accessible to the public.\nThe person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.\nIn this section—\ncriminal history information means the information contained in—\na report given to the Minister under section 175P ; or\na notice given to the Minister, a councillor or the chief executive officer of a local government—\nunder section 158A in relation to the conviction of a councillor for a disqualifying offence; or\nunder section 175M .\ns 175Q (prev s 182G) ins 2018 No. 9 s 25A\namd 2019 No. 30 s 114\nrenum 2019 No. 30 s 115\n(sec.175Q-ssec.1) This section applies to a person who possesses criminal history information because the person— is or was an officer, employee or agent of the department; or is or was a councillor, officer, employee or agent of a local government.\n(sec.175Q-ssec.2) The person must not, directly or indirectly, disclose criminal history information to any other person unless the disclosure is permitted under subsection (3) . Maximum penalty—100 penalty units.\n(sec.175Q-ssec.3) The person is permitted to disclose the criminal history information to another person— to the extent necessary to perform the person’s functions under this Act; or if the disclosure is authorised under an Act; or if the disclosure is otherwise required or permitted by law; or if the person to whom the information relates consents to the disclosure; or if the disclosure is in a form that does not identify the person to whom the information relates; or if the information is, or has been, lawfully accessible to the public.\n(sec.175Q-ssec.4) The person must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it is given.\n(sec.175Q-ssec.5) In this section— criminal history information means the information contained in— a report given to the Minister under section 175P ; or a notice given to the Minister, a councillor or the chief executive officer of a local government— under section 158A in relation to the conviction of a councillor for a disqualifying offence; or under section 175M .\n- (a) is or was an officer, employee or agent of the department; or\n- (b) is or was a councillor, officer, employee or agent of a local government.\n- (a) to the extent necessary to perform the person’s functions under this Act; or\n- (b) if the disclosure is authorised under an Act; or\n- (c) if the disclosure is otherwise required or permitted by law; or\n- (d) if the person to whom the information relates consents to the disclosure; or\n- (e) if the disclosure is in a form that does not identify the person to whom the information relates; or\n- (f) if the information is, or has been, lawfully accessible to the public.\n- (a) a report given to the Minister under section 175P ; or\n- (b) a notice given to the Minister, a councillor or the chief executive officer of a local government— (i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or (ii) under section 175M .\n- (i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or\n- (ii) under section 175M .\n- (i) under section 158A in relation to the conviction of a councillor for a disqualifying offence; or\n- (ii) under section 175M .","sortOrder":523},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Local Government Remuneration Commission","content":"# Local Government Remuneration Commission","sortOrder":524},{"sectionNumber":"sec.176","sectionType":"section","heading":"Establishment","content":"### sec.176 Establishment\n\nThe Local Government Remuneration Commission (the remuneration commission ) is established.\ns 176 prev s 176 amd 2010 No. 23 s 313 ; 2011 No. 27 s 279 ; 2012 No. 33 s 130 ; 2014 No. 21 s 94 (2) sch 2 ; 2018 No. 9 s 25\nom 2018 No. 8 s 17\npres s 176 ins 2018 No. 8 s 18","sortOrder":525},{"sectionNumber":"sec.176A","sectionType":"section","heading":null,"content":"### Section sec.176A\n\ns 176A ins 2012 No. 33 s 131\nom 2018 No. 8 s 17","sortOrder":526},{"sectionNumber":"sec.176B","sectionType":"section","heading":null,"content":"### Section sec.176B\n\ns 176B ins 2012 No. 33 s 131\namd 2013 No. 60 s 15 ; 2014 No. 21 s 94 (2) sch 2\nom 2018 No. 8 s 17","sortOrder":527},{"sectionNumber":"sec.176C","sectionType":"section","heading":null,"content":"### Section sec.176C\n\ns 176C ins 2012 No. 33 s 131\namd 2014 No. 21 s 94 (2) sch 2\nom 2018 No. 8 s 17","sortOrder":528},{"sectionNumber":"sec.177","sectionType":"section","heading":"Functions","content":"### sec.177 Functions\n\nThe functions of the remuneration commission are—\nto establish the categories of local governments; and\nto decide the category to which each local government belongs; and\nto decide the maximum amount of remuneration payable to the councillors in each of the categories; and\nto consider and make recommendations to the Minister about the following matters relating to councillor advisors—\nwhether or not to prescribe a local government under section 197D (1) (a) ;\nthe number of councillor advisors each councillor of a local government may appoint;\nthe number of councillor advisors a councillor of the council under the City of Brisbane Act 2010 may appoint; and\nanother function relating to the remuneration of councillors directed, in writing, by the Minister.\ns 177 prev s 177 amd 2010 No. 23 s 314 ; 2010 No. 38 s 78 sch 3 ; 2011 No. 27 s 280\nsub 2012 No. 33 s 132\nom 2018 No. 8 s 17\npres s 177 ins 2018 No. 8 s 18\namd 2020 No. 20 s 113A\n- (a) to establish the categories of local governments; and\n- (b) to decide the category to which each local government belongs; and\n- (c) to decide the maximum amount of remuneration payable to the councillors in each of the categories; and\n- (d) to consider and make recommendations to the Minister about the following matters relating to councillor advisors— (i) whether or not to prescribe a local government under section 197D (1) (a) ; (ii) the number of councillor advisors each councillor of a local government may appoint; (iii) the number of councillor advisors a councillor of the council under the City of Brisbane Act 2010 may appoint; and\n- (i) whether or not to prescribe a local government under section 197D (1) (a) ;\n- (ii) the number of councillor advisors each councillor of a local government may appoint;\n- (iii) the number of councillor advisors a councillor of the council under the City of Brisbane Act 2010 may appoint; and\n- (e) another function relating to the remuneration of councillors directed, in writing, by the Minister.\n- (i) whether or not to prescribe a local government under section 197D (1) (a) ;\n- (ii) the number of councillor advisors each councillor of a local government may appoint;\n- (iii) the number of councillor advisors a councillor of the council under the City of Brisbane Act 2010 may appoint; and","sortOrder":529},{"sectionNumber":"sec.177A","sectionType":"section","heading":null,"content":"### Section sec.177A\n\ns 177A ins 2011 No. 27 s 281\namd 2012 No. 33 s 133\nom 2018 No. 8 s 17","sortOrder":530},{"sectionNumber":"sec.178","sectionType":"section","heading":"Membership of remuneration commission","content":"### sec.178 Membership of remuneration commission\n\nThe commissioners of the remuneration commission are—\nthe chairperson; and\nthe casual commissioners.\ns 178 prev s 178 amd 2011 No. 27 s 282\nom 2018 No. 8 s 17\npres s 178 ins 2018 No. 8 s 18\n- (a) the chairperson; and\n- (b) the casual commissioners.","sortOrder":531},{"sectionNumber":"sec.179","sectionType":"section","heading":"Constitution of remuneration commission","content":"### sec.179 Constitution of remuneration commission\n\nThe remuneration commission is constituted for a matter by—\nfor performing a function of the remuneration commission—at least 2, but not more than 3, commissioners of the remuneration commission chosen by the chairperson; or\nfor dealing with an administrative or procedural matter related to performing a function of the remuneration commission—\nthe chairperson; or\nnot more than 3 commissioners of the remuneration commission chosen by the chairperson.\ns 179 prev s 179 om 2018 No. 8 s 17\npres s 179 ins 2018 No. 8 s 18\n- (a) for performing a function of the remuneration commission—at least 2, but not more than 3, commissioners of the remuneration commission chosen by the chairperson; or\n- (b) for dealing with an administrative or procedural matter related to performing a function of the remuneration commission— (i) the chairperson; or (ii) not more than 3 commissioners of the remuneration commission chosen by the chairperson.\n- (i) the chairperson; or\n- (ii) not more than 3 commissioners of the remuneration commission chosen by the chairperson.\n- (i) the chairperson; or\n- (ii) not more than 3 commissioners of the remuneration commission chosen by the chairperson.","sortOrder":532},{"sectionNumber":"sec.180","sectionType":"section","heading":"Appointment of chairperson and casual commissioners","content":"### sec.180 Appointment of chairperson and casual commissioners\n\nThe Governor in Council may appoint a person to be the chairperson of the remuneration commission.\nThe Governor in Council may appoint—\na person to be a casual commissioner of the remuneration commission; and\nthe number of casual commissioners the Governor in Council considers appropriate.\nThe Minister may recommend the appointment of a person as a commissioner only if the person is qualified under section 181 to be a commissioner.\ns 180 prev s 180 amd 2010 No. 23 s 315 ; 2012 No. 33 s 134 ; 2014 No. 21 s 94 (2) sch 2\nom 2018 No. 8 s 17\npres s 180 ins 2018 No. 8 s 18\n(sec.180-ssec.1) The Governor in Council may appoint a person to be the chairperson of the remuneration commission.\n(sec.180-ssec.2) The Governor in Council may appoint— a person to be a casual commissioner of the remuneration commission; and the number of casual commissioners the Governor in Council considers appropriate.\n(sec.180-ssec.3) The Minister may recommend the appointment of a person as a commissioner only if the person is qualified under section 181 to be a commissioner.\n- (a) a person to be a casual commissioner of the remuneration commission; and\n- (b) the number of casual commissioners the Governor in Council considers appropriate.","sortOrder":533},{"sectionNumber":"sec.181","sectionType":"section","heading":"Qualifications to be commissioner","content":"### sec.181 Qualifications to be commissioner\n\nA person is qualified to be a commissioner only if the person—\nhas extensive knowledge of, and experience in, any of the following—\nlocal government;\ncommunity affairs;\nindustrial relations;\npublic administration;\npublic finance; or\nhas other knowledge and experience the Governor in Council considers appropriate.\nHowever, a person is not qualified to be a commissioner if the person—\nis a councillor; or\nis a nominee for election as a councillor; or\naccepts appointment as a councillor; or\nis an employee of a local government; or\nis a contractor of a local government; or\nis a consultant engaged by a local government; or\nis a member of an Australian Parliament; or\nis a nominee for election as a member of an Australian Parliament; or\nhas a conviction for an indictable offence, other than a spent conviction; or\nis an insolvent under administration; or\nis a person prescribed by regulation.\ns 181 prev s 181 amd 2010 No. 23 s 316\nsub 2012 No. 33 s 135\nom 2018 No. 8 s 17\npres s 181 ins 2018 No. 8 s 18\namd 2020 No. 20 s 113B\n(sec.181-ssec.1) A person is qualified to be a commissioner only if the person— has extensive knowledge of, and experience in, any of the following— local government; community affairs; industrial relations; public administration; public finance; or has other knowledge and experience the Governor in Council considers appropriate.\n(sec.181-ssec.2) However, a person is not qualified to be a commissioner if the person— is a councillor; or is a nominee for election as a councillor; or accepts appointment as a councillor; or is an employee of a local government; or is a contractor of a local government; or is a consultant engaged by a local government; or is a member of an Australian Parliament; or is a nominee for election as a member of an Australian Parliament; or has a conviction for an indictable offence, other than a spent conviction; or is an insolvent under administration; or is a person prescribed by regulation.\n- (a) has extensive knowledge of, and experience in, any of the following— (i) local government; (ii) community affairs; (iii) industrial relations; (iv) public administration; (v) public finance; or\n- (i) local government;\n- (ii) community affairs;\n- (iii) industrial relations;\n- (iv) public administration;\n- (v) public finance; or\n- (b) has other knowledge and experience the Governor in Council considers appropriate.\n- (i) local government;\n- (ii) community affairs;\n- (iii) industrial relations;\n- (iv) public administration;\n- (v) public finance; or\n- (a) is a councillor; or\n- (b) is a nominee for election as a councillor; or\n- (c) accepts appointment as a councillor; or\n- (d) is an employee of a local government; or\n- (e) is a contractor of a local government; or\n- (f) is a consultant engaged by a local government; or\n- (g) is a member of an Australian Parliament; or\n- (h) is a nominee for election as a member of an Australian Parliament; or\n- (j) has a conviction for an indictable offence, other than a spent conviction; or\n- (k) is an insolvent under administration; or\n- (l) is a person prescribed by regulation.","sortOrder":534},{"sectionNumber":"sec.181A","sectionType":"section","heading":null,"content":"### Section sec.181A\n\ns 181A ins 2012 No. 33 s 136\namd 2013 No. 60 s 15A\nom 2018 No. 8 s 17","sortOrder":535},{"sectionNumber":"sec.182","sectionType":"section","heading":"Term of office","content":"### sec.182 Term of office\n\nSubject to this part, a commissioner holds office for the term, of not more than 4 years, stated in the commissioner’s instrument of appointment.\ns 182 prev s 182 amd 2014 No. 21 s 94 (2) sch 2 (amdt 7 (to the extent it amds (1)) could not be given effect)\nom 2018 No. 8 s 17\npres s 182 ins 2018 No. 8 s 18","sortOrder":536},{"sectionNumber":"sec.183","sectionType":"section","heading":"Conditions of appointment","content":"### sec.183 Conditions of appointment\n\nA commissioner—\nis to be paid the remuneration and allowances decided by the Governor in Council; and\nholds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.\ns 183 amd 2013 No. 32 s 80\nsub 2018 No. 8 s 18\n- (a) is to be paid the remuneration and allowances decided by the Governor in Council; and\n- (b) holds office on the terms and conditions decided by the Governor in Council, to the extent the terms and conditions are not provided for by this Act.","sortOrder":537},{"sectionNumber":"sec.184","sectionType":"section","heading":"Vacancy of office","content":"### sec.184 Vacancy of office\n\nThe office of a commissioner becomes vacant if the person holding the office—\ncompletes a term of office and is not reappointed; or\nis not qualified under section 181 to hold the office; or\nis removed from office by the Governor in Council for misbehaviour or physical or mental incapacity; or\nresigns the office by signed notice given to the Minister.\ns 184 amd 2010 No. 23 s 317\nsub 2018 No. 8 s 18\n- (a) completes a term of office and is not reappointed; or\n- (b) is not qualified under section 181 to hold the office; or\n- (c) is removed from office by the Governor in Council for misbehaviour or physical or mental incapacity; or\n- (d) resigns the office by signed notice given to the Minister.","sortOrder":538},{"sectionNumber":"sec.185","sectionType":"section","heading":"Assistance from departmental staff","content":"### sec.185 Assistance from departmental staff\n\nThe department’s chief executive must make available to the remuneration commission the help from public service employees employed in the department that the commission needs to effectively perform its functions.\ns 185 amd 2013 No. 29 s 59ZN\nsub 2018 No. 8 s 18","sortOrder":539},{"sectionNumber":"sec.186","sectionType":"section","heading":null,"content":"### Section sec.186\n\ns 186 om 2018 No. 8 s 18","sortOrder":540},{"sectionNumber":"sec.187","sectionType":"section","heading":null,"content":"### Section sec.187\n\ns 187 om 2018 No. 8 s 18","sortOrder":541},{"sectionNumber":"sec.188","sectionType":"section","heading":null,"content":"### Section sec.188\n\ns 188 om 2018 No. 8 s 18","sortOrder":542},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":543},{"sectionNumber":"sec.189","sectionType":"section","heading":null,"content":"### Section sec.189\n\ns 189 amd 2012 No. 33 s 137\nom 2018 No. 8 s 18","sortOrder":544},{"sectionNumber":"sec.190","sectionType":"section","heading":null,"content":"### Section sec.190\n\ns 190 om 2018 No. 8 s 18","sortOrder":545},{"sectionNumber":"sec.191","sectionType":"section","heading":null,"content":"### Section sec.191\n\ns 191 om 2018 No. 8 s 18","sortOrder":546},{"sectionNumber":"sec.192","sectionType":"section","heading":null,"content":"### Section sec.192\n\ns 192 om 2018 No. 8 s 18","sortOrder":547},{"sectionNumber":"sec.193","sectionType":"section","heading":null,"content":"### Section sec.193\n\ns 193 om 2018 No. 8 s 18","sortOrder":548},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Local government employees, councillor advisors etc.","content":"# Local government employees, councillor advisors etc.","sortOrder":549},{"sectionNumber":"ch.6-pt.5-div.1","sectionType":"division","heading":"Chief executive officer","content":"## Chief executive officer","sortOrder":550},{"sectionNumber":"sec.194","sectionType":"section","heading":"Appointing a chief executive officer","content":"### sec.194 Appointing a chief executive officer\n\nA local government must appoint a qualified person to be its chief executive officer.\nA person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the local government considers appropriate, having regard to the responsibilities of a chief executive officer.\nA person who is appointed as the chief executive officer must enter into a written contract of employment with the local government.\nThe contract of employment must provide for—\nthe chief executive officer to meet performance standards set by the local government; and\nthe chief executive officer’s conditions of employment (including remuneration).\n(sec.194-ssec.1) A local government must appoint a qualified person to be its chief executive officer.\n(sec.194-ssec.2) A person is qualified to be the chief executive officer if the person has the ability, experience, knowledge and skills that the local government considers appropriate, having regard to the responsibilities of a chief executive officer.\n(sec.194-ssec.3) A person who is appointed as the chief executive officer must enter into a written contract of employment with the local government.\n(sec.194-ssec.4) The contract of employment must provide for— the chief executive officer to meet performance standards set by the local government; and the chief executive officer’s conditions of employment (including remuneration).\n- (a) the chief executive officer to meet performance standards set by the local government; and\n- (b) the chief executive officer’s conditions of employment (including remuneration).","sortOrder":551},{"sectionNumber":"sec.195","sectionType":"section","heading":"Appointing an acting chief executive officer","content":"### sec.195 Appointing an acting chief executive officer\n\nA local government may appoint a qualified person to act as the chief executive officer during—\nany vacancy, or all vacancies, in the position; or\nany period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the chief executive officer’s responsibilities.\n- (a) any vacancy, or all vacancies, in the position; or\n- (b) any period, or all periods, when the chief executive officer is absent from duty or can not, for another reason, perform the chief executive officer’s responsibilities.","sortOrder":552},{"sectionNumber":"ch.6-pt.5-div.2","sectionType":"division","heading":"Other local government employees","content":"## Other local government employees","sortOrder":553},{"sectionNumber":"sec.196","sectionType":"section","heading":"Appointing other local government employees","content":"### sec.196 Appointing other local government employees\n\nA local government must, by resolution, adopt an organisational structure that is appropriate to the performance of the local government’s responsibilities.\nThe local government may employ local government employees for the performance of the local government’s responsibilities.\nThe chief executive officer appoints local government employees, other than senior executive employees.\nA panel constituted by the following persons appoints a senior executive employee—\nthe mayor;\nthe chief executive officer;\neither—\nif the senior executive employee is to report to only 1 committee of the local government—the chairperson of the committee; or\notherwise—the deputy mayor.\nDespite subsection (4) (c) , if the deputy mayor or chairperson is unable to take part in the panel, the local government must appoint another councillor to replace the deputy mayor or chairperson in the panel.\nAnother councillor is appointed to replace the deputy mayor or chairperson of a committee in a panel because the deputy mayor or chairperson is absent.\ns 196 amd 2012 No. 33 s 138 ; 2013 No. 60 s 16 ; 2019 No. 30 s 116 ; 2026 No. 5 s 69\n(sec.196-ssec.1) A local government must, by resolution, adopt an organisational structure that is appropriate to the performance of the local government’s responsibilities.\n(sec.196-ssec.2) The local government may employ local government employees for the performance of the local government’s responsibilities.\n(sec.196-ssec.3) The chief executive officer appoints local government employees, other than senior executive employees.\n(sec.196-ssec.4) A panel constituted by the following persons appoints a senior executive employee— the mayor; the chief executive officer; either— if the senior executive employee is to report to only 1 committee of the local government—the chairperson of the committee; or otherwise—the deputy mayor.\n(sec.196-ssec.5) Despite subsection (4) (c) , if the deputy mayor or chairperson is unable to take part in the panel, the local government must appoint another councillor to replace the deputy mayor or chairperson in the panel. Another councillor is appointed to replace the deputy mayor or chairperson of a committee in a panel because the deputy mayor or chairperson is absent.\n- (a) the mayor;\n- (b) the chief executive officer;\n- (c) either— (i) if the senior executive employee is to report to only 1 committee of the local government—the chairperson of the committee; or (ii) otherwise—the deputy mayor.\n- (i) if the senior executive employee is to report to only 1 committee of the local government—the chairperson of the committee; or\n- (ii) otherwise—the deputy mayor.\n- (i) if the senior executive employee is to report to only 1 committee of the local government—the chairperson of the committee; or\n- (ii) otherwise—the deputy mayor.","sortOrder":554},{"sectionNumber":"sec.197","sectionType":"section","heading":"Disciplinary action against local government employees","content":"### sec.197 Disciplinary action against local government employees\n\nThe chief executive officer may take disciplinary action against a local government employee.\nA regulation may prescribe—\nwhen disciplinary action may be taken against a local government employee; and\nthe types of disciplinary action that may be taken against a local government employee.\ns 197 amd 2010 No. 23 s 318 ; 2012 No. 33 s 139\n(sec.197-ssec.1) The chief executive officer may take disciplinary action against a local government employee.\n(sec.197-ssec.2) A regulation may prescribe— when disciplinary action may be taken against a local government employee; and the types of disciplinary action that may be taken against a local government employee.\n- (a) when disciplinary action may be taken against a local government employee; and\n- (b) the types of disciplinary action that may be taken against a local government employee.","sortOrder":555},{"sectionNumber":"ch.6-pt.5-div.2A","sectionType":"division","heading":"Councillor advisors","content":"## Councillor advisors","sortOrder":556},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Appointment and functions of councillor advisors","content":"### sec.197A Appointment and functions of councillor advisors\n\nA local government prescribed under section 197D (1) (a) may, by resolution, allow a councillor to appoint 1 or more appropriately qualified persons (each a councillor advisor ) to assist the councillor in performing responsibilities under this Act.\nadministrative support, coordinating media activities, event management functions, policy development, office management\nThe resolution must state the number of councillor advisors, up to the maximum prescribed under section 197D (1) (b) for the local government, that the councillor may appoint.\nHowever, the councillor must not appoint a close associate of the councillor as a councillor advisor.\nIf the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the local government.\nThe contract of employment must provide for—\nthe councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and\nthe councillor advisor’s functions and key responsibilities; and\na requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under section 197C ; and\nwhen disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.\nThe councillor advisor’s functions and responsibilities can not include—\ncarrying out or assisting in an activity relating to a councillor’s campaign for re-election; or\nA person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor.\ndirecting a local government employee.\nThe councillor who appointed the councillor advisor may give a direction to the councillor advisor.\ns 197A ins 2020 No. 20 s 115\namd 2026 No. 5 s 141 s ch 1 pt 2 (uncommenced amendment)\n(sec.197A-ssec.1) A local government prescribed under section 197D (1) (a) may, by resolution, allow a councillor to appoint 1 or more appropriately qualified persons (each a councillor advisor ) to assist the councillor in performing responsibilities under this Act. administrative support, coordinating media activities, event management functions, policy development, office management\n(sec.197A-ssec.1A) The resolution must state the number of councillor advisors, up to the maximum prescribed under section 197D (1) (b) for the local government, that the councillor may appoint.\n(sec.197A-ssec.2) However, the councillor must not appoint a close associate of the councillor as a councillor advisor.\n(sec.197A-ssec.3) If the councillor appoints a councillor advisor, the councillor advisor must enter into a written contract of employment with the local government.\n(sec.197A-ssec.4) The contract of employment must provide for— the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and the councillor advisor’s functions and key responsibilities; and a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under section 197C ; and when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.\n(sec.197A-ssec.5) The councillor advisor’s functions and responsibilities can not include— carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or A person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor. directing a local government employee.\n(sec.197A-ssec.6) The councillor who appointed the councillor advisor may give a direction to the councillor advisor.\n- (a) the councillor advisor’s conditions of employment, including remuneration, leave and superannuation entitlements; and\n- (b) the councillor advisor’s functions and key responsibilities; and\n- (c) a requirement that the councillor advisor comply with the councillor advisor code of conduct made by the Minister under section 197C ; and\n- (d) when disciplinary action may be taken, and the types of disciplinary action that may be taken, against the councillor advisor.\n- (a) carrying out or assisting in an activity relating to a councillor’s campaign for re-election; or Note— A person who is appointed as a councillor advisor may carry out or assist in an activity mentioned in paragraph (a) other than in the person’s capacity as a councillor advisor.\n- (b) directing a local government employee.","sortOrder":557},{"sectionNumber":"sec.197B","sectionType":"section","heading":"When appointment ends","content":"### sec.197B When appointment ends\n\nA councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions—\nsection 200 (2) or (4) ;\nsection 201D ;\nsection 201F (2) or (3) ;\nsection 234 (1) .\nAlso, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens—\nthe term of the councillor who appointed the councillor advisor ends;\nthe councillor who appointed the councillor advisor is suspended.\ns 197B ins 2020 No. 20 s 115\n(sec.197B-ssec.1) A councillor advisor’s appointment automatically ends on the day the councillor advisor is convicted of an offence against any of the following provisions— section 200 (2) or (4) ; section 201D ; section 201F (2) or (3) ; section 234 (1) .\n(sec.197B-ssec.2) Also, a councillor advisor’s appointment automatically ends 2 weeks after the day either of the following happens— the term of the councillor who appointed the councillor advisor ends; the councillor who appointed the councillor advisor is suspended.\n- (a) section 200 (2) or (4) ;\n- (b) section 201D ;\n- (c) section 201F (2) or (3) ;\n- (d) section 234 (1) .\n- (a) the term of the councillor who appointed the councillor advisor ends;\n- (b) the councillor who appointed the councillor advisor is suspended.","sortOrder":558},{"sectionNumber":"sec.197C","sectionType":"section","heading":"Minister to make councillor advisor code of conduct","content":"### sec.197C Minister to make councillor advisor code of conduct\n\nThe Minister must make a councillor advisor code of conduct that sets out standards of behaviour for councillor advisors in performing their functions for a local government or the council under this Act or the City of Brisbane Act 2010 .\nThe councillor advisor code of conduct—\nmust be consistent with the local government principles; and\nmay contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.\nThe approved councillor advisor code of conduct must be published on the department’s website.\ns 197C ins 2020 No. 20 s 115\n(sec.197C-ssec.1) The Minister must make a councillor advisor code of conduct that sets out standards of behaviour for councillor advisors in performing their functions for a local government or the council under this Act or the City of Brisbane Act 2010 .\n(sec.197C-ssec.2) The councillor advisor code of conduct— must be consistent with the local government principles; and may contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.\n(sec.197C-ssec.3) The approved councillor advisor code of conduct must be published on the department’s website.\n- (a) must be consistent with the local government principles; and\n- (b) may contain anything the Minister considers necessary for, or incidental to, the standards of behaviour.","sortOrder":559},{"sectionNumber":"sec.197D","sectionType":"section","heading":"Regulation may prescribe particular matters relating to councillor advisors","content":"### sec.197D Regulation may prescribe particular matters relating to councillor advisors\n\nA regulation may—\nprescribe a local government as a local government to which section 197A (1) applies; and\nprescribe the maximum number of councillor advisors each councillor may appoint.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must ask the remuneration commission for its recommendation about the proposed regulation.\nThe Minister must have regard to the recommendation of the remuneration commission in recommending the making of the regulation to the Governor in Council.\nThe maximum number of councillor advisors prescribed under subsection (1) (b) —\nis the number of full-time equivalent councillor advisors a councillor may appoint; and\ndoes not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.\ns 197D ins 2020 No. 20 s 115\namd 2026 No. 5 s 70\n(sec.197D-ssec.1) A regulation may— prescribe a local government as a local government to which section 197A (1) applies; and prescribe the maximum number of councillor advisors each councillor may appoint.\n(sec.197D-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must ask the remuneration commission for its recommendation about the proposed regulation.\n(sec.197D-ssec.3) The Minister must have regard to the recommendation of the remuneration commission in recommending the making of the regulation to the Governor in Council.\n(sec.197D-ssec.4) The maximum number of councillor advisors prescribed under subsection (1) (b) — is the number of full-time equivalent councillor advisors a councillor may appoint; and does not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.\n- (a) prescribe a local government as a local government to which section 197A (1) applies; and\n- (b) prescribe the maximum number of councillor advisors each councillor may appoint.\n- (a) is the number of full-time equivalent councillor advisors a councillor may appoint; and\n- (b) does not prevent a councillor appointing more than 1 part-time councillor advisor to perform the role of 1 full-time councillor advisor.","sortOrder":560},{"sectionNumber":"ch.6-pt.5-div.3","sectionType":"division","heading":"Common provisions","content":"## Common provisions","sortOrder":561},{"sectionNumber":"sec.198","sectionType":"section","heading":"Concurrent employment of local government employees","content":"### sec.198 Concurrent employment of local government employees\n\nThis section applies to all local government employees, including the chief executive officer.\nA local government employee may be employed by more than 1 local government at the same time, if each of the local governments agree.\n(sec.198-ssec.1) This section applies to all local government employees, including the chief executive officer.\n(sec.198-ssec.2) A local government employee may be employed by more than 1 local government at the same time, if each of the local governments agree.","sortOrder":562},{"sectionNumber":"sec.199","sectionType":"section","heading":"Improper conduct by local government employees","content":"### sec.199 Improper conduct by local government employees\n\nThis section applies to the following persons—\na local government employee;\na contractor of the local government;\nanother type of person prescribed by regulation.\nThe person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1) (a) , (b) or (c) .\nMaximum penalty—100 penalty units or 2 years imprisonment.\nHowever, subsection (2) does not apply to—\nremuneration paid by the local government; or\na benefit that has only a nominal value.\nThe person must not unlawfully destroy or damage property of the local government.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 199 amd 2012 No. 33 s 140 ; 2020 No. 20 s 116\n(sec.199-ssec.1) This section applies to the following persons— a local government employee; a contractor of the local government; another type of person prescribed by regulation.\n(sec.199-ssec.2) The person must not ask for, or accept, a fee or other benefit for doing something as a person mentioned in subsection (1) (a) , (b) or (c) . Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.199-ssec.3) However, subsection (2) does not apply to— remuneration paid by the local government; or a benefit that has only a nominal value.\n(sec.199-ssec.4) The person must not unlawfully destroy or damage property of the local government. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) a local government employee;\n- (b) a contractor of the local government;\n- (c) another type of person prescribed by regulation.\n- (a) remuneration paid by the local government; or\n- (b) a benefit that has only a nominal value.","sortOrder":563},{"sectionNumber":"sec.200","sectionType":"section","heading":"Use of information by local government employees and councillor advisors","content":"### sec.200 Use of information by local government employees and councillor advisors\n\nThis section applies to a person who is, or has been, any of the following—\na local government employee;\na councillor advisor;\na contractor of the local government;\nanother type of person prescribed by regulation.\nThe person must not use information acquired as a person mentioned in subsection (1) (a) , (b) , (c) or (d) to—\ngain (directly or indirectly) an advantage for the person or someone else; or\ncause detriment to the local government.\nMaximum penalty—100 penalty units or 2 years imprisonment.\nSubsection (2) does not apply to information that is lawfully available to the public.\nThe person must not release information that the person knows, or should reasonably know, is information that—\nis confidential to the local government; and\nthe local government wishes to keep confidential.\nMaximum penalty—100 penalty units or 2 years imprisonment.\ns 200 amd 2010 No. 23 s 319 ; 2012 No. 33 s 141 ; 2020 No. 20 s 117\n(sec.200-ssec.1) This section applies to a person who is, or has been, any of the following— a local government employee; a councillor advisor; a contractor of the local government; another type of person prescribed by regulation.\n(sec.200-ssec.2) The person must not use information acquired as a person mentioned in subsection (1) (a) , (b) , (c) or (d) to— gain (directly or indirectly) an advantage for the person or someone else; or cause detriment to the local government. Maximum penalty—100 penalty units or 2 years imprisonment.\n(sec.200-ssec.3) Subsection (2) does not apply to information that is lawfully available to the public.\n(sec.200-ssec.4) The person must not release information that the person knows, or should reasonably know, is information that— is confidential to the local government; and the local government wishes to keep confidential. Maximum penalty—100 penalty units or 2 years imprisonment.\n- (a) a local government employee;\n- (b) a councillor advisor;\n- (c) a contractor of the local government;\n- (d) another type of person prescribed by regulation.\n- (a) gain (directly or indirectly) an advantage for the person or someone else; or\n- (b) cause detriment to the local government.\n- (a) is confidential to the local government; and\n- (b) the local government wishes to keep confidential.","sortOrder":564},{"sectionNumber":"sec.201","sectionType":"section","heading":"Annual report must detail particular information about local government employees and councillor advisors","content":"### sec.201 Annual report must detail particular information about local government employees and councillor advisors\n\nThe annual report of a local government must state—\nthe total of all remuneration packages that are payable for the year to the senior management of the local government; and\nthe number of employees in senior management who are being paid each band of remuneration; and\nif the local government has resolved to allow a councillor to appoint councillor advisors—for each councillor—\nthe number of councillor advisors appointed by the councillor for the year; and\nthe total remuneration payable to all councillor advisors appointed by the councillor for the year.\nThe senior management , of a local government, consists of the chief executive officer and all senior executive employees of the local government.\nEach band of remuneration is an increment of $100,000.\nTo remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report.\ns 201 sub 2012 No. 33 s 142\namd 2020 No. 20 s 118\n(sec.201-ssec.1) The annual report of a local government must state— the total of all remuneration packages that are payable for the year to the senior management of the local government; and the number of employees in senior management who are being paid each band of remuneration; and if the local government has resolved to allow a councillor to appoint councillor advisors—for each councillor— the number of councillor advisors appointed by the councillor for the year; and the total remuneration payable to all councillor advisors appointed by the councillor for the year.\n(sec.201-ssec.2) The senior management , of a local government, consists of the chief executive officer and all senior executive employees of the local government.\n(sec.201-ssec.3) Each band of remuneration is an increment of $100,000.\n(sec.201-ssec.4) To remove any doubt, it is declared that nothing in this section requires the exact salary of any employee in senior management to be separately stated in the annual report.\n- (a) the total of all remuneration packages that are payable for the year to the senior management of the local government; and\n- (b) the number of employees in senior management who are being paid each band of remuneration; and\n- (c) if the local government has resolved to allow a councillor to appoint councillor advisors—for each councillor— (i) the number of councillor advisors appointed by the councillor for the year; and (ii) the total remuneration payable to all councillor advisors appointed by the councillor for the year.\n- (i) the number of councillor advisors appointed by the councillor for the year; and\n- (ii) the total remuneration payable to all councillor advisors appointed by the councillor for the year.\n- (i) the number of councillor advisors appointed by the councillor for the year; and\n- (ii) the total remuneration payable to all councillor advisors appointed by the councillor for the year.","sortOrder":565},{"sectionNumber":"ch.6-pt.5-div.4","sectionType":"division","heading":null,"content":"","sortOrder":566},{"sectionNumber":"ch.6-pt.5A","sectionType":"part","heading":"Obligations of councillors and councillor advisors","content":"# Obligations of councillors and councillor advisors","sortOrder":567},{"sectionNumber":"sec.201A","sectionType":"section","heading":"Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment","content":"### sec.201A Obligation of councillor or councillor advisor to inform chief executive officer of particulars of interests at start of term or on appointment\n\nThis section applies if—\na councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or\na councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.\nThe councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed.\nContravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\nA person is related to a councillor if—\nthe person is the councillor’s spouse; or\nthe person is totally or substantially dependent on the councillor and—\nthe person is the councillor’s child; or\nthe person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\nA person is related to a councillor advisor if—\nthe person is the advisor’s spouse; or\nthe person is totally or substantially dependent on the advisor and—\nthe person is the advisor’s child; or\nthe person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\ns 201A prev s 201A ins 2009 No. 48 s 160\nom 2012 No. 33 s 143\npres s 201A ins 2020 No. 20 s 119\namd 2023 No. 30 s 119 sch 1\n(sec.201A-ssec.1) This section applies if— a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.\n(sec.201A-ssec.2) The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation within 30 days after the day the councillor’s term starts or the advisor is appointed. Contravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\n(sec.201A-ssec.3) A person is related to a councillor if— the person is the councillor’s spouse; or the person is totally or substantially dependent on the councillor and— the person is the councillor’s child; or the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n(sec.201A-ssec.4) A person is related to a councillor advisor if— the person is the advisor’s spouse; or the person is totally or substantially dependent on the advisor and— the person is the advisor’s child; or the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\n- (a) a councillor, at the start of the councillor’s term, has an interest that must, under a regulation, be recorded in a register of interests for the councillor or a person who is related to the councillor; or\n- (b) a councillor advisor, when the advisor is appointed, has an interest that must, under a regulation, be recorded in a register of interests for the advisor or a person who is related to the advisor.\n- (a) the person is the councillor’s spouse; or\n- (b) the person is totally or substantially dependent on the councillor and— (i) the person is the councillor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n- (i) the person is the councillor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n- (i) the person is the councillor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the councillor that a benefit derived by the person, or a substantial part of it, could pass to the councillor.\n- (a) the person is the advisor’s spouse; or\n- (b) the person is totally or substantially dependent on the advisor and— (i) the person is the advisor’s child; or (ii) the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\n- (i) the person is the advisor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.\n- (i) the person is the advisor’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the advisor that a benefit derived by the person, or a substantial part of it, could pass to the advisor.","sortOrder":568},{"sectionNumber":"sec.201B","sectionType":"section","heading":"Obligation of councillor or councillor advisor to correct register of interests","content":"### sec.201B Obligation of councillor or councillor advisor to correct register of interests\n\nThis section applies if—\na councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or\nthere is a change to the particulars required to be included in a register of interests under a regulation for—\na councillor or councillor advisor; or\na person who is related to the councillor or advisor.\nThe councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens.\nContravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\ns 201B prev s 201B ins 2009 No. 48 s 160\nom 2012 No. 33 s 143\npres s 201B ins 2020 No. 20 s 119\namd 2023 No. 30 s 119 sch 1\n(sec.201B-ssec.1) This section applies if— a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or there is a change to the particulars required to be included in a register of interests under a regulation for— a councillor or councillor advisor; or a person who is related to the councillor or advisor.\n(sec.201B-ssec.2) The councillor or councillor advisor must, in the approved form, inform the chief executive officer of the particulars required to be included in a register of interests under a regulation for the new interest or the change to the particulars within 30 days after the interest is acquired or the change happens.\n- (a) a councillor or councillor advisor, or a person who is related to the councillor or councillor advisor, acquires an interest that must be, but is not, recorded in a register of interests under a regulation; or\n- (b) there is a change to the particulars required to be included in a register of interests under a regulation for— (i) a councillor or councillor advisor; or (ii) a person who is related to the councillor or advisor.\n- (i) a councillor or councillor advisor; or\n- (ii) a person who is related to the councillor or advisor.\n- (i) a councillor or councillor advisor; or\n- (ii) a person who is related to the councillor or advisor.","sortOrder":569},{"sectionNumber":"sec.201C","sectionType":"section","heading":"Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests","content":"### sec.201C Obligation of councillor or councillor advisor to inform chief executive officer annually about register of interests\n\nEach councillor and councillor advisor must, within 30 days after the end of each financial year, inform the chief executive officer, in the approved form, of the following—\nif the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;\nif there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;\nif paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.\nContravention of this section by a councillor is misconduct that could result in disciplinary action being taken against the councillor—see section 150L (1) (c) (iii) . Also, this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\ns 201C prev s 201C ins 2009 No. 48 s 160\nom 2012 No. 33 s 143\npres s 201C ins 2020 No. 20 s 119\namd 2023 No. 30 s 119 sch 1\n- (a) if the councillor or councillor advisor, or a person related to the councillor or councillor advisor, has acquired an interest that must be, but is not, recorded in a register of interests under a regulation—the particulars of the interest that must be recorded in the register of interests under a regulation;\n- (b) if there has been a change to the particulars required to be included in a register of interests under a regulation for the councillor or councillor advisor, or a person who is related to the councillor or advisor—the change to the particulars;\n- (c) if paragraphs (a) and (b) do not apply—that there has been no interest acquired or change to the particulars for an interest.","sortOrder":570},{"sectionNumber":"sec.201D","sectionType":"section","heading":"Dishonest conduct of councillor or councillor advisor","content":"### sec.201D Dishonest conduct of councillor or councillor advisor\n\nA person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to—\ndishonestly obtain a benefit for the person or someone else; or\ndishonestly cause a detriment to someone else.\nMaximum penalty—200 penalty units or 2 years imprisonment.\nIn this section—\nbenefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.\ndetriment , caused to a person, includes detriment caused to the person’s property.\nrelevant integrity provision —\nfor a councillor, means each of the following provisions—\nsection 150EK ;\nsection 150EL ;\nsection 150EPA ;\nsection 150EQ ;\nsection 150EZ ;\nsection 201A ;\nsection 201B ;\nsection 201C ;\nsection 234 , if the information mentioned in that section is given under section 201A , 201B or 201C ; or\nfor a councillor advisor, means each of the following provisions—\nsection 201A ;\nsection 201B ;\nsection 201C ;\nsection 234 , if the information mentioned in that section is given under section 201A , 201B or 201C .\ns 201D prev s 201D ins 2009 No. 48 s 160\nom 2012 No. 33 s 143\npres s 201D ins 2020 No. 20 s 119\namd 2023 No. 30 s 99\namd 2026 No. 5 s 108 (uncommenced amendment)\n(sec.201D-ssec.1) A person who is a councillor or councillor advisor must not contravene a relevant integrity provision with intent to— dishonestly obtain a benefit for the person or someone else; or dishonestly cause a detriment to someone else. Maximum penalty—200 penalty units or 2 years imprisonment.\n(sec.201D-ssec.2) In this section— benefit includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute. detriment , caused to a person, includes detriment caused to the person’s property. relevant integrity provision — for a councillor, means each of the following provisions— section 150EK ; section 150EL ; section 150EPA ; section 150EQ ; section 150EZ ; section 201A ; section 201B ; section 201C ; section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C ; or for a councillor advisor, means each of the following provisions— section 201A ; section 201B ; section 201C ; section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C .\n- (a) dishonestly obtain a benefit for the person or someone else; or\n- (b) dishonestly cause a detriment to someone else.\n- (a) for a councillor, means each of the following provisions— (i) section 150EK ; (ii) section 150EL ; (iii) section 150EPA ; (iv) section 150EQ ; (v) section 150EZ ; (vi) section 201A ; (vii) section 201B ; (viii) section 201C ; (ix) section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C ; or\n- (i) section 150EK ;\n- (ii) section 150EL ;\n- (iii) section 150EPA ;\n- (iv) section 150EQ ;\n- (v) section 150EZ ;\n- (vi) section 201A ;\n- (vii) section 201B ;\n- (viii) section 201C ;\n- (ix) section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C ; or\n- (b) for a councillor advisor, means each of the following provisions— (i) section 201A ; (ii) section 201B ; (iii) section 201C ; (iv) section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C .\n- (i) section 201A ;\n- (ii) section 201B ;\n- (iii) section 201C ;\n- (iv) section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C .\n- (i) section 150EK ;\n- (ii) section 150EL ;\n- (iii) section 150EPA ;\n- (iv) section 150EQ ;\n- (v) section 150EZ ;\n- (vi) section 201A ;\n- (vii) section 201B ;\n- (viii) section 201C ;\n- (ix) section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C ; or\n- (i) section 201A ;\n- (ii) section 201B ;\n- (iii) section 201C ;\n- (iv) section 234 , if the information mentioned in that section is given under section 201A , 201B or 201C .","sortOrder":571},{"sectionNumber":"sec.201E","sectionType":"section","heading":"Proceeding for offence against s 201D","content":"### sec.201E Proceeding for offence against s 201D\n\nAn offence against section 201D is a misdemeanour.\nA proceeding for an offence against section 201D may be started only with the written consent of the director of public prosecutions.\nA proceeding for an offence against section 201D may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nHowever, a magistrate must not hear an indictable offence against section 201D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily.\nFor examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2).\nIf subsection (4) applies—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\nthe proceeding for the charge must be conducted as a committal proceeding; and\na plea of the defendant at the start of the hearing must be disregarded; and\nthe evidence already heard by the court is taken to be evidence in the committal proceeding; and\nthe Justices Act 1886 , section 104 must be complied with for the committal proceeding.\nA Magistrates Court that summarily deals with a charge of an offence against section 201D —\nmust be constituted by a magistrate; and\nhas jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\nIn this section—\ndirector of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\ns 201E ins 2020 No. 20 s 119\n(sec.201E-ssec.1) An offence against section 201D is a misdemeanour.\n(sec.201E-ssec.2) A proceeding for an offence against section 201D may be started only with the written consent of the director of public prosecutions.\n(sec.201E-ssec.3) A proceeding for an offence against section 201D may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.201E-ssec.4) However, a magistrate must not hear an indictable offence against section 201D summarily if the magistrate is satisfied, on an application made by the defence, that because of exceptional circumstances the offence should not be heard and decided summarily. For examples of exceptional circumstances, see the examples stated in the Criminal Code , section 552D (2).\n(sec.201E-ssec.5) If subsection (4) applies— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and the proceeding for the charge must be conducted as a committal proceeding; and a plea of the defendant at the start of the hearing must be disregarded; and the evidence already heard by the court is taken to be evidence in the committal proceeding; and the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n(sec.201E-ssec.6) A Magistrates Court that summarily deals with a charge of an offence against section 201D — must be constituted by a magistrate; and has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.\n(sec.201E-ssec.7) In this section— director of public prosecutions means the Director of Public Prosecutions appointed under the Director of Public Prosecutions Act 1984 .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily; and\n- (b) the proceeding for the charge must be conducted as a committal proceeding; and\n- (c) a plea of the defendant at the start of the hearing must be disregarded; and\n- (d) the evidence already heard by the court is taken to be evidence in the committal proceeding; and\n- (e) the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n- (a) must be constituted by a magistrate; and\n- (b) has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.","sortOrder":572},{"sectionNumber":"sec.201F","sectionType":"section","heading":"Prohibited conduct by councillor or councillor advisor in possession of inside information","content":"### sec.201F Prohibited conduct by councillor or councillor advisor in possession of inside information\n\nThis section applies to a person (the insider ) who is, or has been, a councillor or councillor advisor if the insider—\nacquired inside information as a councillor or councillor advisor; and\nknows, or ought reasonably to know, the inside information is not generally available to the public.\nThe insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nThe insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset.\nMaximum penalty—1,000 penalty units or 2 years imprisonment.\nIn this section—\ncause , in relation to an action, includes the following—\ncarry out the action;\ninstigate the action;\ndirect, or otherwise influence, another person to carry out or instigate the action.\ncorporate entity means a corporation owned by the local government.\ninside information , in relation to a local government, means information about any of the following—\nthe operations or finances of the local government (including any business activity of the local government) or any of its corporate entities;\na proposed policy of the local government, including proposed changes to an existing policy;\na contract entered into, or proposed to be entered into, by the local government or any of its corporate entities;\na tender process being conducted by or for the local government or any of its corporate entities;\na decision, or proposed decision, of the local government or any of its committees;\nthe exercise of a power, under a Local Government Act , by the local government, a councillor or a local government employee;\nthe exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area;\nany legal or financial advice created for the local government, any of its committees or any of its corporate entities.\ns 201F ins 2020 No. 20 s 119\n(sec.201F-ssec.1) This section applies to a person (the insider ) who is, or has been, a councillor or councillor advisor if the insider— acquired inside information as a councillor or councillor advisor; and knows, or ought reasonably to know, the inside information is not generally available to the public.\n(sec.201F-ssec.2) The insider must not cause the purchase or sale of an asset if knowledge of the inside information would be likely to influence a reasonable person in deciding whether or not to buy or sell the asset. Maximum penalty—1,000 penalty units or 2 years imprisonment.\n(sec.201F-ssec.3) The insider must not cause the inside information to be provided to another person the insider knows, or ought reasonably to know, may use the information in deciding whether or not to buy or sell an asset. Maximum penalty—1,000 penalty units or 2 years imprisonment.\n(sec.201F-ssec.4) In this section— cause , in relation to an action, includes the following— carry out the action; instigate the action; direct, or otherwise influence, another person to carry out or instigate the action. corporate entity means a corporation owned by the local government. inside information , in relation to a local government, means information about any of the following— the operations or finances of the local government (including any business activity of the local government) or any of its corporate entities; a proposed policy of the local government, including proposed changes to an existing policy; a contract entered into, or proposed to be entered into, by the local government or any of its corporate entities; a tender process being conducted by or for the local government or any of its corporate entities; a decision, or proposed decision, of the local government or any of its committees; the exercise of a power, under a Local Government Act , by the local government, a councillor or a local government employee; the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area; any legal or financial advice created for the local government, any of its committees or any of its corporate entities.\n- (a) acquired inside information as a councillor or councillor advisor; and\n- (b) knows, or ought reasonably to know, the inside information is not generally available to the public.\n- (a) carry out the action;\n- (b) instigate the action;\n- (c) direct, or otherwise influence, another person to carry out or instigate the action.\n- (a) the operations or finances of the local government (including any business activity of the local government) or any of its corporate entities;\n- (b) a proposed policy of the local government, including proposed changes to an existing policy;\n- (c) a contract entered into, or proposed to be entered into, by the local government or any of its corporate entities;\n- (d) a tender process being conducted by or for the local government or any of its corporate entities;\n- (e) a decision, or proposed decision, of the local government or any of its committees;\n- (f) the exercise of a power, under a Local Government Act , by the local government, a councillor or a local government employee;\n- (g) the exercise of a power, under an Act, by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area;\n- (h) any legal or financial advice created for the local government, any of its committees or any of its corporate entities.","sortOrder":573},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":574},{"sectionNumber":"sec.202","sectionType":"section","heading":"Appointing authorised persons","content":"### sec.202 Appointing authorised persons\n\nThe chief executive officer may appoint a qualified person to be an authorised person.\nA person is qualified to be an authorised person if the person—\nhas the competencies—\nthat the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or\nprescribed under a regulation; and\nis either—\nan employee of the local government; or\nanother type of person prescribed under a regulation.\nAlso, a person is qualified to be an authorised person of a local government (the adopting local government ) if—\nthe person is an authorised person for another local government; and\nthe adopting local government has, by resolution, decided that authorised persons of the other local government may be appointed as authorised persons of the adopting local government.\nThe appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed.\nAn authorised person’s appointment is subject to the conditions stated in—\nthe document that appoints the authorised person; or\na notice given to the authorised person by the chief executive officer; or\na regulation.\ns 202 amd 2012 No. 33 s 144 ; 2018 No. 8 s 34\n(sec.202-ssec.1) The chief executive officer may appoint a qualified person to be an authorised person.\n(sec.202-ssec.2) A person is qualified to be an authorised person if the person— has the competencies— that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or prescribed under a regulation; and is either— an employee of the local government; or another type of person prescribed under a regulation.\n(sec.202-ssec.3) Also, a person is qualified to be an authorised person of a local government (the adopting local government ) if— the person is an authorised person for another local government; and the adopting local government has, by resolution, decided that authorised persons of the other local government may be appointed as authorised persons of the adopting local government.\n(sec.202-ssec.4) The appointment of an authorised person must state the provisions of this Act for which the authorised person is appointed.\n(sec.202-ssec.5) An authorised person’s appointment is subject to the conditions stated in— the document that appoints the authorised person; or a notice given to the authorised person by the chief executive officer; or a regulation.\n- (a) has the competencies— (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or (ii) prescribed under a regulation; and\n- (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or\n- (ii) prescribed under a regulation; and\n- (b) is either— (i) an employee of the local government; or (ii) another type of person prescribed under a regulation.\n- (i) an employee of the local government; or\n- (ii) another type of person prescribed under a regulation.\n- (i) that the chief executive officer considers are necessary to perform the responsibilities that are required to be performed by the authorised person; or\n- (ii) prescribed under a regulation; and\n- (i) an employee of the local government; or\n- (ii) another type of person prescribed under a regulation.\n- (a) the person is an authorised person for another local government; and\n- (b) the adopting local government has, by resolution, decided that authorised persons of the other local government may be appointed as authorised persons of the adopting local government.\n- (a) the document that appoints the authorised person; or\n- (b) a notice given to the authorised person by the chief executive officer; or\n- (c) a regulation.","sortOrder":575},{"sectionNumber":"sec.203","sectionType":"section","heading":"End of appointment of authorised persons","content":"### sec.203 End of appointment of authorised persons\n\nA person stops being an authorised person—\nat the end of the term of appointment stated in the document that appointed the authorised person; or\nif the authorised person gives the local government a signed notice of resignation; or\nif it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.\nIf it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time, a notice of resignation acts as a notice of resignation for both positions.\nThis section does not limit the ways in which an authorised person’s appointment ends.\n(sec.203-ssec.1) A person stops being an authorised person— at the end of the term of appointment stated in the document that appointed the authorised person; or if the authorised person gives the local government a signed notice of resignation; or if it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.\n(sec.203-ssec.2) If it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time, a notice of resignation acts as a notice of resignation for both positions.\n(sec.203-ssec.3) This section does not limit the ways in which an authorised person’s appointment ends.\n- (a) at the end of the term of appointment stated in the document that appointed the authorised person; or\n- (b) if the authorised person gives the local government a signed notice of resignation; or\n- (c) if it is a condition of the authorised person’s appointment that the authorised person hold another position at the same time—if the authorised person stops holding the other position.","sortOrder":576},{"sectionNumber":"sec.204","sectionType":"section","heading":"Identity card for authorised persons","content":"### sec.204 Identity card for authorised persons\n\nThe chief executive officer must give each authorised person an identity card.\nThis section does not stop a single identity card being issued to a person for this Act and for another purpose.\nA person who stops being an authorised person must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\n(sec.204-ssec.1) The chief executive officer must give each authorised person an identity card.\n(sec.204-ssec.2) This section does not stop a single identity card being issued to a person for this Act and for another purpose.\n(sec.204-ssec.3) A person who stops being an authorised person must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised person, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.","sortOrder":577},{"sectionNumber":"sec.204A","sectionType":"section","heading":"Authorised persons must disclose change in criminal history","content":"### sec.204A Authorised persons must disclose change in criminal history\n\nThis section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example).\nThe authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\ns 204A ins 2010 No. 23 s 320\n(sec.204A-ssec.1) This section applies if there is a change in the criminal history of an authorised person (including acquiring a criminal history, for example).\n(sec.204A-ssec.2) The authorised person must, as soon as practicable after the change, disclose to the chief executive officer the details of the change, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.","sortOrder":578},{"sectionNumber":"sec.204B","sectionType":"section","heading":"Chief executive officer may obtain report from police commissioner","content":"### sec.204B Chief executive officer may obtain report from police commissioner\n\nThe chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person—\na written report about the person’s criminal history;\na brief description of the circumstances of a conviction mentioned in the person’s criminal history.\nThe police commissioner must comply with the request.\nHowever, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\ns 204B ins 2010 No. 23 s 320\n(sec.204B-ssec.1) The chief executive officer may ask the police commissioner to give the chief executive officer the following information about an authorised person— a written report about the person’s criminal history; a brief description of the circumstances of a conviction mentioned in the person’s criminal history.\n(sec.204B-ssec.2) The police commissioner must comply with the request.\n(sec.204B-ssec.3) However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.\n- (a) a written report about the person’s criminal history;\n- (b) a brief description of the circumstances of a conviction mentioned in the person’s criminal history.","sortOrder":579},{"sectionNumber":"sec.204C","sectionType":"section","heading":"Use of criminal history information","content":"### sec.204C Use of criminal history information\n\nThis section is about the use of criminal history information.\nCriminal history information is information about the criminal history of an authorised person obtained under section 204A or 204B .\nThe department’s chief executive may make guidelines for dealing with criminal history information to ensure—\nnatural justice is afforded to the authorised persons about whom the criminal history information relates; and\nonly relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a Local Government Act ; and\ndecisions based on criminal history information are made consistently.\nThe chief executive officer must comply with the guidelines.\nA person who has, or will have, a duty to disclose under section 204A may request a copy of the guidelines from the department.\nThe chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a Local Government Act .\nMaximum penalty for subsection (6) —100 penalty units.\ns 204C ins 2010 No. 23 s 320\n(sec.204C-ssec.1) This section is about the use of criminal history information.\n(sec.204C-ssec.2) Criminal history information is information about the criminal history of an authorised person obtained under section 204A or 204B .\n(sec.204C-ssec.3) The department’s chief executive may make guidelines for dealing with criminal history information to ensure— natural justice is afforded to the authorised persons about whom the criminal history information relates; and only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a Local Government Act ; and decisions based on criminal history information are made consistently.\n(sec.204C-ssec.4) The chief executive officer must comply with the guidelines.\n(sec.204C-ssec.5) A person who has, or will have, a duty to disclose under section 204A may request a copy of the guidelines from the department.\n(sec.204C-ssec.6) The chief executive officer must not use criminal history information for any purpose other than for assessing the suitability of an authorised person to exercise a power under a Local Government Act . Maximum penalty for subsection (6) —100 penalty units.\n- (a) natural justice is afforded to the authorised persons about whom the criminal history information relates; and\n- (b) only relevant criminal history information is considered in assessing the suitability of an authorised person to exercise a power under a Local Government Act ; and\n- (c) decisions based on criminal history information are made consistently.","sortOrder":580},{"sectionNumber":"ch.6-pt.6A","sectionType":"part","heading":"Authorised officers for the department","content":"# Authorised officers for the department","sortOrder":581},{"sectionNumber":"sec.204D","sectionType":"section","heading":"Appointing authorised officers","content":"### sec.204D Appointing authorised officers\n\nThe department’s chief executive may appoint a person as an authorised officer for the department if the person has the necessary expertise or experience to perform the functions of the office.\nAn authorised officer’s appointment is subject to the conditions stated in—\nthe document that appoints the officer; or\na notice given to the officer by the department’s chief executive; or\na regulation.\ns 204D ins 2010 No. 23 s 321\namd 2018 No. 8 s 34\n(sec.204D-ssec.1) The department’s chief executive may appoint a person as an authorised officer for the department if the person has the necessary expertise or experience to perform the functions of the office.\n(sec.204D-ssec.2) An authorised officer’s appointment is subject to the conditions stated in— the document that appoints the officer; or a notice given to the officer by the department’s chief executive; or a regulation.\n- (a) the document that appoints the officer; or\n- (b) a notice given to the officer by the department’s chief executive; or\n- (c) a regulation.","sortOrder":582},{"sectionNumber":"sec.204E","sectionType":"section","heading":"End of appointment of authorised officers","content":"### sec.204E End of appointment of authorised officers\n\nA person stops being an authorised officer—\nat the end of the term of appointment stated in the document that appointed the officer; or\nif the officer gives the department’s chief executive a signed notice of resignation; or\nif it is a condition of the officer’s appointment that the officer hold another position at the same time—if the officer stops holding the other position.\nIf it is a condition of the authorised officer’s appointment that the officer hold another position at the same time, a notice of resignation for the other position acts as a notice of resignation for both positions.\nThis section does not limit the ways in which an authorised officer’s appointment ends.\ns 204E ins 2010 No. 23 s 321\n(sec.204E-ssec.1) A person stops being an authorised officer— at the end of the term of appointment stated in the document that appointed the officer; or if the officer gives the department’s chief executive a signed notice of resignation; or if it is a condition of the officer’s appointment that the officer hold another position at the same time—if the officer stops holding the other position.\n(sec.204E-ssec.2) If it is a condition of the authorised officer’s appointment that the officer hold another position at the same time, a notice of resignation for the other position acts as a notice of resignation for both positions.\n(sec.204E-ssec.3) This section does not limit the ways in which an authorised officer’s appointment ends.\n- (a) at the end of the term of appointment stated in the document that appointed the officer; or\n- (b) if the officer gives the department’s chief executive a signed notice of resignation; or\n- (c) if it is a condition of the officer’s appointment that the officer hold another position at the same time—if the officer stops holding the other position.","sortOrder":583},{"sectionNumber":"sec.204F","sectionType":"section","heading":"Identity card for authorised officers","content":"### sec.204F Identity card for authorised officers\n\nThe department’s chief executive must give each authorised officer an identity card.\nThis section does not stop a single identity card being issued to a person for this Act and for another purpose.\nA person who stops being an authorised officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised officer, unless the person has a reasonable excuse.\nMaximum penalty for subsection (3) —10 penalty units.\ns 204F ins 2010 No. 23 s 321\n(sec.204F-ssec.1) The department’s chief executive must give each authorised officer an identity card.\n(sec.204F-ssec.2) This section does not stop a single identity card being issued to a person for this Act and for another purpose.\n(sec.204F-ssec.3) A person who stops being an authorised officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being an authorised officer, unless the person has a reasonable excuse. Maximum penalty for subsection (3) —10 penalty units.","sortOrder":584},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Interim management","content":"# Interim management","sortOrder":585},{"sectionNumber":"sec.204G","sectionType":"section","heading":"Definition for part","content":"### sec.204G Definition for part\n\nIn this part—\nlocal government includes the Brisbane City Council.\ns 204G ins 2019 No. 30 s 137","sortOrder":586},{"sectionNumber":"sec.205","sectionType":"section","heading":"Interim management committee","content":"### sec.205 Interim management committee\n\nWhen an interim administrator is appointed for a local government, the Minister may appoint a committee of persons to help the interim administrator to perform the interim administrator’s responsibilities.\nA person may be appointed as a member of a committee for a limited time or indefinitely.\nThe interim administrator is chairperson of the committee and must preside at every meeting of the committee at which the interim administrator is present.\nIf, because of absence or incapacity, the interim administrator can not perform the responsibilities of chairperson of the committee, the other members of the committee must appoint another member to act as chairperson.\n(sec.205-ssec.1) When an interim administrator is appointed for a local government, the Minister may appoint a committee of persons to help the interim administrator to perform the interim administrator’s responsibilities.\n(sec.205-ssec.2) A person may be appointed as a member of a committee for a limited time or indefinitely.\n(sec.205-ssec.3) The interim administrator is chairperson of the committee and must preside at every meeting of the committee at which the interim administrator is present.\n(sec.205-ssec.4) If, because of absence or incapacity, the interim administrator can not perform the responsibilities of chairperson of the committee, the other members of the committee must appoint another member to act as chairperson.","sortOrder":587},{"sectionNumber":"sec.206","sectionType":"section","heading":"Conditions of appointment as interim administrator or member of committee","content":"### sec.206 Conditions of appointment as interim administrator or member of committee\n\nAn interim administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council.\nA public service officer who is appointed as an interim administrator, or as a member of a committee, may hold the appointment as well as the public service office.\ns 206 amd 2023 No. 30 s 119 sch 1\n(sec.206-ssec.1) An interim administrator or a member of a committee is entitled to the fees, allowances and expenses decided by the Governor in Council.\n(sec.206-ssec.2) A public service officer who is appointed as an interim administrator, or as a member of a committee, may hold the appointment as well as the public service office.","sortOrder":588},{"sectionNumber":"sec.207","sectionType":"section","heading":"End of appointment of interim management","content":"### sec.207 End of appointment of interim management\n\nA person stops being an interim administrator, or a member of an interim management committee—\nif the person resigns by signed notice of resignation given to the department’s chief executive; or\nif the Governor in Council, for any reason, cancels the person’s appointment; or\nat the conclusion of the earlier of—\na fresh election of the councillors of the local government; or\nthe next quadrennial election.\ns 207 amd 2020 No. 20 s 120\n- (a) if the person resigns by signed notice of resignation given to the department’s chief executive; or\n- (b) if the Governor in Council, for any reason, cancels the person’s appointment; or\n- (c) at the conclusion of the earlier of— (i) a fresh election of the councillors of the local government; or (ii) the next quadrennial election.\n- (i) a fresh election of the councillors of the local government; or\n- (ii) the next quadrennial election.\n- (i) a fresh election of the councillors of the local government; or\n- (ii) the next quadrennial election.","sortOrder":589},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"The superannuation board","content":"# The superannuation board","sortOrder":590},{"sectionNumber":"sec.208","sectionType":"section","heading":"Superannuation board (Brighter Super Trustee)","content":"### sec.208 Superannuation board (Brighter Super Trustee)\n\nThe Queensland Local Government Superannuation Board under the 1993 Act continues in existence under this Act under the name Brighter Super Trustee.\nBrighter Super Trustee—\nis a body corporate; and\nmay sue and be sued in its corporate name.\ns 208 amd 2016 No. 64 s 18 ; 2024 No. 27 s 99\n(sec.208-ssec.1) The Queensland Local Government Superannuation Board under the 1993 Act continues in existence under this Act under the name Brighter Super Trustee.\n(sec.208-ssec.2) Brighter Super Trustee— is a body corporate; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) may sue and be sued in its corporate name.","sortOrder":591},{"sectionNumber":"sec.209","sectionType":"section","heading":"Brighter Super Trustee’s responsibilities","content":"### sec.209 Brighter Super Trustee’s responsibilities\n\nBrighter Super Trustee’s primary responsibility is to act as the trustee of Brighter Super.\nBrighter Super Trustee may delegate its powers to—\na committee of its directors; or\nan employee of Brighter Super Trustee.\ns 209 amd 2010 No. 23 s 322 ; 2012 No. 33 s 145 ; 2016 No. 64 s 19 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.209-ssec.1) Brighter Super Trustee’s primary responsibility is to act as the trustee of Brighter Super.\n(sec.209-ssec.2) Brighter Super Trustee may delegate its powers to— a committee of its directors; or an employee of Brighter Super Trustee.\n- (a) a committee of its directors; or\n- (b) an employee of Brighter Super Trustee.","sortOrder":592},{"sectionNumber":"sec.210","sectionType":"section","heading":"Board of directors","content":"### sec.210 Board of directors\n\nBrighter Super Trustee has a board of directors.\nThe board of directors is responsible for how Brighter Super Trustee performs its responsibilities.\nThe board of directors must ensure Brighter Super Trustee performs its responsibilities in a proper, effective and efficient way.\nThe board of directors consists of the persons making up the board under the trust deed containing the rules that govern the operation of Brighter Super.\nThe directors must be appointed under the rules established to comply with the Commonwealth Super Act .\ns 210 amd 2010 No. 23 s 323 ; 2011 No. 8 s 61 ; 2012 No. 33 s 146 ; 2016 No. 64 s 20 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.210-ssec.1) Brighter Super Trustee has a board of directors.\n(sec.210-ssec.2) The board of directors is responsible for how Brighter Super Trustee performs its responsibilities.\n(sec.210-ssec.3) The board of directors must ensure Brighter Super Trustee performs its responsibilities in a proper, effective and efficient way.\n(sec.210-ssec.4) The board of directors consists of the persons making up the board under the trust deed containing the rules that govern the operation of Brighter Super.\n(sec.210-ssec.5) The directors must be appointed under the rules established to comply with the Commonwealth Super Act .","sortOrder":593},{"sectionNumber":"sec.211","sectionType":"section","heading":"Seal of Brighter Super Trustee","content":"### sec.211 Seal of Brighter Super Trustee\n\nBrighter Super Trustee has a seal.\nJudicial notice must be taken of the seal on a document.\nA document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved.\ns 211 amd 2016 No. 64 s 21 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.211-ssec.1) Brighter Super Trustee has a seal.\n(sec.211-ssec.2) Judicial notice must be taken of the seal on a document.\n(sec.211-ssec.3) A document marked with the seal must be presumed to have been properly sealed, unless the contrary is proved.","sortOrder":594},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Way to hold a hearing","content":"# Way to hold a hearing","sortOrder":595},{"sectionNumber":"sec.212","sectionType":"section","heading":"What this part is about","content":"### sec.212 What this part is about\n\nThis part sets out the way to hold a hearing under this Act.\nThe person or other entity that is conducting the hearing is called the decision-maker in this part.\ns 212 amd 2018 No. 8 s 19\n(sec.212-ssec.1) This part sets out the way to hold a hearing under this Act.\n(sec.212-ssec.2) The person or other entity that is conducting the hearing is called the decision-maker in this part.","sortOrder":596},{"sectionNumber":"sec.213","sectionType":"section","heading":"Procedures at hearing","content":"### sec.213 Procedures at hearing\n\nWhen conducting a hearing, the decision-maker must—\nobserve natural justice; but\nact as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.\nFor example, the decision-maker may—\nact in the absence of a person who has been given reasonable notice of the hearing; or\nreceive evidence by statutory declaration; or\nrefuse to allow a person to be represented by a legal practitioner; or\ndisregard the rules of evidence; or\ndisregard any defect, error, omission or insufficiency in a document; or\nallow a document to be amended; or\nadjourn a hearing.\nHowever, the decision-maker must comply with any procedural requirements prescribed by regulation.\nA hearing is not affected by a change of the members of an entity that is the decision-maker.\ns 213 amd 2018 No. 8 s 20\n(sec.213-ssec.1) When conducting a hearing, the decision-maker must— observe natural justice; but act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.\n(sec.213-ssec.2) For example, the decision-maker may— act in the absence of a person who has been given reasonable notice of the hearing; or receive evidence by statutory declaration; or refuse to allow a person to be represented by a legal practitioner; or disregard the rules of evidence; or disregard any defect, error, omission or insufficiency in a document; or allow a document to be amended; or adjourn a hearing.\n(sec.213-ssec.3) However, the decision-maker must comply with any procedural requirements prescribed by regulation.\n(sec.213-ssec.4) A hearing is not affected by a change of the members of an entity that is the decision-maker.\n- (a) observe natural justice; but\n- (b) act as quickly and informally as is consistent with a fair and proper consideration of the issues raised in the hearing.\n- (a) act in the absence of a person who has been given reasonable notice of the hearing; or\n- (b) receive evidence by statutory declaration; or\n- (c) refuse to allow a person to be represented by a legal practitioner; or\n- (d) disregard the rules of evidence; or\n- (e) disregard any defect, error, omission or insufficiency in a document; or\n- (f) allow a document to be amended; or\n- (g) adjourn a hearing.","sortOrder":597},{"sectionNumber":"sec.214","sectionType":"section","heading":"Witnesses at hearings","content":"### sec.214 Witnesses at hearings\n\nThe decision-maker may require a person, by giving them a notice, to attend a hearing as a witness in order to—\ngive evidence; or\nproduce specified documents.\nThe person must—\nattend at the time and place specified in the notice; and\ncontinue to attend until excused by the decision-maker; and\ntake an oath or make an affirmation if required by the decision-maker; and\nanswer a question that the person is required to answer by the decision-maker, unless the person has a reasonable excuse; and\nproduce a document that the person is required to produce by the decision-maker, unless the person has a reasonable excuse.\nMaximum penalty—35 penalty units.\nA person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person.\nA person who attends as a witness is entitled to—\nthe witness fees that are prescribed under a regulation; or\nif no witness fees are prescribed, the reasonable witness fees decided by the decision-maker.\ns 214 amd 2018 No. 8 ss 21 , 34\n(sec.214-ssec.1) The decision-maker may require a person, by giving them a notice, to attend a hearing as a witness in order to— give evidence; or produce specified documents.\n(sec.214-ssec.2) The person must— attend at the time and place specified in the notice; and continue to attend until excused by the decision-maker; and take an oath or make an affirmation if required by the decision-maker; and answer a question that the person is required to answer by the decision-maker, unless the person has a reasonable excuse; and produce a document that the person is required to produce by the decision-maker, unless the person has a reasonable excuse. Maximum penalty—35 penalty units.\n(sec.214-ssec.3) A person has a reasonable excuse for failing to answer a question or produce a document if answering the question or producing the document might tend to incriminate the person.\n(sec.214-ssec.4) A person who attends as a witness is entitled to— the witness fees that are prescribed under a regulation; or if no witness fees are prescribed, the reasonable witness fees decided by the decision-maker.\n- (a) give evidence; or\n- (b) produce specified documents.\n- (a) attend at the time and place specified in the notice; and\n- (b) continue to attend until excused by the decision-maker; and\n- (c) take an oath or make an affirmation if required by the decision-maker; and\n- (d) answer a question that the person is required to answer by the decision-maker, unless the person has a reasonable excuse; and\n- (e) produce a document that the person is required to produce by the decision-maker, unless the person has a reasonable excuse.\n- (a) the witness fees that are prescribed under a regulation; or\n- (b) if no witness fees are prescribed, the reasonable witness fees decided by the decision-maker.","sortOrder":598},{"sectionNumber":"sec.215","sectionType":"section","heading":"Contempt at hearing","content":"### sec.215 Contempt at hearing\n\nA person must not—\ninsult the decision-maker in a hearing; or\ndeliberately interrupt a hearing; or\ntake part in a disturbance in or near a place where the decision-maker is conducting a hearing; or\ndo anything that would be a contempt of court if the decision-maker were a court.\nMaximum penalty—50 penalty units.\ns 215 amd 2018 No. 8 s 22\n- (a) insult the decision-maker in a hearing; or\n- (b) deliberately interrupt a hearing; or\n- (c) take part in a disturbance in or near a place where the decision-maker is conducting a hearing; or\n- (d) do anything that would be a contempt of court if the decision-maker were a court.","sortOrder":599},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Superannuation","content":"# Superannuation","sortOrder":600},{"sectionNumber":"ch.7-pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":601},{"sectionNumber":"sec.216","sectionType":"section","heading":"What this part is about","content":"### sec.216 What this part is about\n\nThis part is primarily about superannuation for certain persons who are connected to a local government.\nThis part also provides for other persons to become members of Brighter Super.\ns 216 amd 2011 No. 8 s 62 ; 2016 No. 64 s 23 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.216-ssec.1) This part is primarily about superannuation for certain persons who are connected to a local government.\n(sec.216-ssec.2) This part also provides for other persons to become members of Brighter Super.","sortOrder":602},{"sectionNumber":"sec.216A","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.216A Definitions for pt 2\n\nIn this part—\naccumulation benefit member ...\ns 216A def accumulation benefit member om 2016 No. 64 s 24 (1)\nchosen fund , for an employee of a local government or local government entity, means—\nif the employee has given a direction under section 219 (2) —the fund the subject of the direction; or\notherwise—Brighter Super.\ns 216A def chosen fund ins 2016 No. 64 s 24 (2)\namd 2024 No. 27 s 123 s ch 1 pt 2\ndefined benefit category means a defined benefit category under the trust deed.\ns 216A def defined benefit category ins 2016 No. 64 s 24 (2)\ndefined benefit member means a person who is a member of Brighter Super in a defined benefit category.\ns 216A def defined benefit member amd 2016 No. 64 s 24 (3) ; 2024 No. 27 s 123 s ch 1 pt 2\nfund means a superannuation fund, superannuation scheme, approved deposit fund, or RSA, as defined under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) .\ns 216A def fund ins 2016 No. 64 s 24 (2)\nlocal government includes the Brisbane City Council.\nlocal government entity means an entity, prescribed under a regulation, that—\nunder an Act, exercises a power similar to a power that may be exercised by a local government in performing the local government’s responsibilities; or\nunder an Act, exclusively performs a responsibility in relation to the system of local government; or\nexclusively exercises, for a local government, a power that may be exercised by the local government in performing the local government’s responsibilities; or\nhelps a local government in the performance of the local government’s responsibilities.\npermanent employee —\nof a local government (other than the Brisbane City Council) or a local government entity—see section 216B ; or\nof the Brisbane City Council—see section 216C .\ns 216A def permanent employee ins 2016 No. 64 s 24 (2)\nrelevant fund , for a permanent employee of a local government or local government entity, means—\nif the employee is a defined benefit member—\nin relation to the employee’s membership in Brighter Super in the defined benefit category—Brighter Super; or\notherwise—the employee’s chosen fund; or\notherwise—the employee’s chosen fund.\ns 216A def relevant fund ins 2016 No. 64 s 24 (2)\namd 2024 No. 27 s 123 s ch 1 pt 2\nrelevant trustee , for a permanent employee of a local government or local government entity, means the trustee (however named) of the relevant fund for the employee.\ns 216A def relevant trustee ins 2016 No. 64 s 24 (2)\nsuperannuation contributions , for a person, means—\ngenerally—superannuation contributions required to be made for the person under any of the following instruments—\nthe Commonwealth Super Act ;\nanother Act of the Commonwealth or an Act of the State;\nan industrial instrument; and\nfor a permanent employee of a local government or local government entity—the superannuation contributions mentioned in paragraph (a) made for the person as provided under this Act.\ns 216A def superannuation contributions ins 2016 No. 64 s 24 (2)\ns 216A ins 2011 No. 8 s 63\n- (a) if the employee has given a direction under section 219 (2) —the fund the subject of the direction; or\n- (b) otherwise—Brighter Super.\n- (a) under an Act, exercises a power similar to a power that may be exercised by a local government in performing the local government’s responsibilities; or\n- (b) under an Act, exclusively performs a responsibility in relation to the system of local government; or\n- (c) exclusively exercises, for a local government, a power that may be exercised by the local government in performing the local government’s responsibilities; or\n- (d) helps a local government in the performance of the local government’s responsibilities.\n- (a) of a local government (other than the Brisbane City Council) or a local government entity—see section 216B ; or\n- (b) of the Brisbane City Council—see section 216C .\n- (a) if the employee is a defined benefit member— (i) in relation to the employee’s membership in Brighter Super in the defined benefit category—Brighter Super; or (ii) otherwise—the employee’s chosen fund; or\n- (i) in relation to the employee’s membership in Brighter Super in the defined benefit category—Brighter Super; or\n- (ii) otherwise—the employee’s chosen fund; or\n- (b) otherwise—the employee’s chosen fund.\n- (i) in relation to the employee’s membership in Brighter Super in the defined benefit category—Brighter Super; or\n- (ii) otherwise—the employee’s chosen fund; or\n- (a) generally—superannuation contributions required to be made for the person under any of the following instruments— (i) the Commonwealth Super Act ; (ii) another Act of the Commonwealth or an Act of the State; (iii) an industrial instrument; and\n- (i) the Commonwealth Super Act ;\n- (ii) another Act of the Commonwealth or an Act of the State;\n- (iii) an industrial instrument; and\n- (b) for a permanent employee of a local government or local government entity—the superannuation contributions mentioned in paragraph (a) made for the person as provided under this Act.\n- (i) the Commonwealth Super Act ;\n- (ii) another Act of the Commonwealth or an Act of the State;\n- (iii) an industrial instrument; and","sortOrder":603},{"sectionNumber":"sec.216B","sectionType":"section","heading":"Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity","content":"### sec.216B Who is permanent employee of a local government (other than the Brisbane City Council) or local government entity\n\nAn employee of a local government other than the Brisbane City Council is a permanent employee of the local government if—\nthe employee has been continuously employed by the local government for at least 1 year; or\nthe employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.\nFor subsection (1) —\nan employee is continuously employed by a local government for a period if, for the period, the employee is employed—\nby the local government; or\nby the local government, and other local governments or local government entities, consecutively; but\nan employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee—\nwas not employed by a local government or local government entity; and\nwas not in a position to accept an offer of employment by a local government or local government entity.\nAn employee of a local government entity is a permanent employee of the local government entity if the local government entity declares the employee to be a permanent employee by notice given to the relevant trustee.\nHowever, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if—\nthe employee is employed by the local government or local government entity only to carry out work on a particular job or project; and\nthe employee’s employment is dependant on the time taken to carry out the job or project.\nAlso, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if the employee is employed by the local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders.\ns 216B ins 2016 No. 64 s 25\namd 2018 No. 8 s 34\n(sec.216B-ssec.1) An employee of a local government other than the Brisbane City Council is a permanent employee of the local government if— the employee has been continuously employed by the local government for at least 1 year; or the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.\n(sec.216B-ssec.2) For subsection (1) — an employee is continuously employed by a local government for a period if, for the period, the employee is employed— by the local government; or by the local government, and other local governments or local government entities, consecutively; but an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee— was not employed by a local government or local government entity; and was not in a position to accept an offer of employment by a local government or local government entity.\n(sec.216B-ssec.3) An employee of a local government entity is a permanent employee of the local government entity if the local government entity declares the employee to be a permanent employee by notice given to the relevant trustee.\n(sec.216B-ssec.4) However, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if— the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and the employee’s employment is dependant on the time taken to carry out the job or project.\n(sec.216B-ssec.5) Also, an employee is not a permanent employee of a local government (other than the Brisbane City Council) or a local government entity if the employee is employed by the local government or local government entity under a federally funded community development project for Aborigines or Torres Strait Islanders.\n- (a) the employee has been continuously employed by the local government for at least 1 year; or\n- (b) the employee has been continuously employed by the local government for less than 1 year, but has elected to be a permanent employee for this part by notice given to the local government.\n- (a) an employee is continuously employed by a local government for a period if, for the period, the employee is employed— (i) by the local government; or (ii) by the local government, and other local governments or local government entities, consecutively; but\n- (i) by the local government; or\n- (ii) by the local government, and other local governments or local government entities, consecutively; but\n- (b) an employee is not continuously employed by a local government for a period if, during the period, the employee’s employment as mentioned in paragraph (a) is broken by a period of 60 or more consecutive days during which the employee— (i) was not employed by a local government or local government entity; and (ii) was not in a position to accept an offer of employment by a local government or local government entity.\n- (i) was not employed by a local government or local government entity; and\n- (ii) was not in a position to accept an offer of employment by a local government or local government entity.\n- (i) by the local government; or\n- (ii) by the local government, and other local governments or local government entities, consecutively; but\n- (i) was not employed by a local government or local government entity; and\n- (ii) was not in a position to accept an offer of employment by a local government or local government entity.\n- (a) the employee is employed by the local government or local government entity only to carry out work on a particular job or project; and\n- (b) the employee’s employment is dependant on the time taken to carry out the job or project.","sortOrder":604},{"sectionNumber":"sec.216C","sectionType":"section","heading":"Who is permanent employee of the Brisbane City Council","content":"### sec.216C Who is permanent employee of the Brisbane City Council\n\nAn employee of the Brisbane City Council is a permanent employee of the Council if—\nthe employee is employed other than on a temporary or casual basis, and the employee’s employment is subject to an industrial instrument; or\nthe employee is employed on contract, or for a specific time or for the duration of a specific function, and the Council declares the employee to be a permanent employee by notice given to the relevant trustee.\ns 216C ins 2016 No. 64 s 25\namd 2018 No. 8 s 34\n- (a) the employee is employed other than on a temporary or casual basis, and the employee’s employment is subject to an industrial instrument; or\n- (b) the employee is employed on contract, or for a specific time or for the duration of a specific function, and the Council declares the employee to be a permanent employee by notice given to the relevant trustee.","sortOrder":605},{"sectionNumber":"ch.7-pt.2-div.2","sectionType":"division","heading":"Brighter Super","content":"## Brighter Super","sortOrder":606},{"sectionNumber":"sec.217","sectionType":"section","heading":"Brighter Super","content":"### sec.217 Brighter Super\n\nThe Local Government Superannuation Scheme under the 1993 Act continues in existence under this Act under the name Brighter Super.\nBrighter Super Trustee must make a trust deed that contains—\nthe rules that govern the operation of Brighter Super; and\nthe matters that, under the Commonwealth Super Act , are required to be contained in the governing rules of regulated superannuation funds within the meaning of that Act.\nIn particular, the trust deed must provide for—\nthe yearly contribution that a local government or local government entity must make for a permanent employee who is a defined benefit member, based on the advice of an actuary; and\nSee section 220 (2) for the contribution a local government or local government entity must make for a permanent employee.\nthe terms and conditions on which Brighter Super Trustee must obtain advice from an actuary in relation to the funds that Brighter Super Trustee administers.\nBrighter Super Trustee may include particular other matters in the trust deed under section 220B .\nAn actuary is an accredited member, or a fellow, of the Institute of Actuaries of Australia.\ns 217 amd 2011 No. 8 s 64 ; 2012 No. 3 s 26 ; 2012 No. 33 s 147 ; 2016 No. 64 s 26 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.217-ssec.1) The Local Government Superannuation Scheme under the 1993 Act continues in existence under this Act under the name Brighter Super.\n(sec.217-ssec.2) Brighter Super Trustee must make a trust deed that contains— the rules that govern the operation of Brighter Super; and the matters that, under the Commonwealth Super Act , are required to be contained in the governing rules of regulated superannuation funds within the meaning of that Act.\n(sec.217-ssec.3) In particular, the trust deed must provide for— the yearly contribution that a local government or local government entity must make for a permanent employee who is a defined benefit member, based on the advice of an actuary; and See section 220 (2) for the contribution a local government or local government entity must make for a permanent employee. the terms and conditions on which Brighter Super Trustee must obtain advice from an actuary in relation to the funds that Brighter Super Trustee administers.\n(sec.217-ssec.4) Brighter Super Trustee may include particular other matters in the trust deed under section 220B .\n(sec.217-ssec.5) An actuary is an accredited member, or a fellow, of the Institute of Actuaries of Australia.\n- (a) the rules that govern the operation of Brighter Super; and\n- (b) the matters that, under the Commonwealth Super Act , are required to be contained in the governing rules of regulated superannuation funds within the meaning of that Act.\n- (a) the yearly contribution that a local government or local government entity must make for a permanent employee who is a defined benefit member, based on the advice of an actuary; and Note— See section 220 (2) for the contribution a local government or local government entity must make for a permanent employee.\n- (b) the terms and conditions on which Brighter Super Trustee must obtain advice from an actuary in relation to the funds that Brighter Super Trustee administers.","sortOrder":607},{"sectionNumber":"sec.218","sectionType":"section","heading":"Brighter Super membership open to everyone","content":"### sec.218 Brighter Super membership open to everyone\n\nBrighter Super is open to membership by any person, subject to the requirements about membership in the trust deed.\ns 218 amd 2010 No. 23 s 324 ; 2011 No. 8 s 65\nsub 2016 No. 64 s 27\namd 2024 No. 27 s 123 s ch 1 pt 2","sortOrder":608},{"sectionNumber":"sec.219","sectionType":"section","heading":"Brighter Super is default fund for particular employees","content":"### sec.219 Brighter Super is default fund for particular employees\n\nUnless a prescribed employee gives a direction under subsection (2) , the prescribed employee’s employer must pay superannuation contributions payable for the employee into Brighter Super.\nA prescribed employee may, by notice given to the prescribed employee’s employer, direct the person’s employer to pay superannuation contributions payable for the employee into a fund other than Brighter Super.\nSee the Superannuation Guarantee (Administration) Act 1992 (Cwlth) for employer obligations relating to an employee’s choice of fund.\nSubsection (2) does not apply in relation to a prescribed employee’s membership in a defined benefit category.\nIn this section—\nprescribed employee means—\nan employee of a local government; or\nan employee of a local government entity; or\nan employee of Brighter Super who is eligible for membership in Brighter Super under the trust deed.\ns 219 amd 2011 No. 8 s 66\nsub 2016 No. 64 s 27\namd 2018 No. 8 s 34 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.219-ssec.1) Unless a prescribed employee gives a direction under subsection (2) , the prescribed employee’s employer must pay superannuation contributions payable for the employee into Brighter Super.\n(sec.219-ssec.2) A prescribed employee may, by notice given to the prescribed employee’s employer, direct the person’s employer to pay superannuation contributions payable for the employee into a fund other than Brighter Super. See the Superannuation Guarantee (Administration) Act 1992 (Cwlth) for employer obligations relating to an employee’s choice of fund.\n(sec.219-ssec.3) Subsection (2) does not apply in relation to a prescribed employee’s membership in a defined benefit category.\n(sec.219-ssec.4) In this section— prescribed employee means— an employee of a local government; or an employee of a local government entity; or an employee of Brighter Super who is eligible for membership in Brighter Super under the trust deed.\n- (a) an employee of a local government; or\n- (b) an employee of a local government entity; or\n- (c) an employee of Brighter Super who is eligible for membership in Brighter Super under the trust deed.","sortOrder":609},{"sectionNumber":"sec.219A","sectionType":"section","heading":"Brighter Super Trustee may obtain details of salary changes for particular members","content":"### sec.219A Brighter Super Trustee may obtain details of salary changes for particular members\n\nBrighter Super Trustee may, by notice, require each of the following to give Brighter Super Trustee details of the salary of each of its permanent employees who are Brighter Super members after any change to the salary of any of the employees—\na local government other than the Brisbane City Council;\na local government entity.\nThe notice must state the day on which the details must be given to Brighter Super Trustee.\nThe local government or local government entity must comply with the notice.\ns 219A ins 2016 No. 64 s 27\namd 2018 No. 8 s 34 ; 2024 No. 27 s 123 s ch 1 pt 2\n(sec.219A-ssec.1) Brighter Super Trustee may, by notice, require each of the following to give Brighter Super Trustee details of the salary of each of its permanent employees who are Brighter Super members after any change to the salary of any of the employees— a local government other than the Brisbane City Council; a local government entity.\n(sec.219A-ssec.2) The notice must state the day on which the details must be given to Brighter Super Trustee.\n(sec.219A-ssec.3) The local government or local government entity must comply with the notice.\n- (a) a local government other than the Brisbane City Council;\n- (b) a local government entity.","sortOrder":610},{"sectionNumber":"ch.7-pt.2-div.3","sectionType":"division","heading":"Superannuation contributions for particular employees","content":"## Superannuation contributions for particular employees","sortOrder":611},{"sectionNumber":"sec.220","sectionType":"section","heading":"Amount of yearly contributions—particular employers","content":"### sec.220 Amount of yearly contributions—particular employers\n\nThis section applies to the following (each an employer )—\na local government;\na local government entity.\nThe yearly contribution an employer must make for a permanent employee of the employer to the relevant fund for the employee is—\nfor the employee’s membership (if any) in Brighter Super in a defined benefit category—the amount stated, from time to time, in the trust deed; or\nfor the employee’s membership (if any) in Brighter Super in the accumulation category under the trust deed, or the employee’s membership in any other fund—the amount prescribed by a regulation.\nIf an employer is required under an industrial instrument to make superannuation contributions for an employee, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employer is required to make under this section.\nAn employer need not pay an amount as a yearly contribution to the extent that the amount can not be accepted by a regulated superannuation fund under the Commonwealth Super Act .\nSee the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 7.04.\nAn employer must pay the yearly contribution within the time prescribed under a regulation.\nSubsection (2) (b) is subject to section 220B .\ns 220 sub 2011 No. 8 s 67\namd 2012 No. 3 s 27 ; 2016 No. 64 s 28 ; 2024 No. 27 s 123 s ch 1 pt 2\namd 2026 No. 5 s 71A (uncommenced amendment)\n(sec.220-ssec.1) This section applies to the following (each an employer )— a local government; a local government entity.\n(sec.220-ssec.2) The yearly contribution an employer must make for a permanent employee of the employer to the relevant fund for the employee is— for the employee’s membership (if any) in Brighter Super in a defined benefit category—the amount stated, from time to time, in the trust deed; or for the employee’s membership (if any) in Brighter Super in the accumulation category under the trust deed, or the employee’s membership in any other fund—the amount prescribed by a regulation.\n(sec.220-ssec.3) If an employer is required under an industrial instrument to make superannuation contributions for an employee, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employer is required to make under this section.\n(sec.220-ssec.4) An employer need not pay an amount as a yearly contribution to the extent that the amount can not be accepted by a regulated superannuation fund under the Commonwealth Super Act . See the Superannuation Industry (Supervision) Regulations 1994 (Cwlth) , regulation 7.04.\n(sec.220-ssec.5) An employer must pay the yearly contribution within the time prescribed under a regulation.\n(sec.220-ssec.6) Subsection (2) (b) is subject to section 220B .\n- (a) a local government;\n- (b) a local government entity.\n- (a) for the employee’s membership (if any) in Brighter Super in a defined benefit category—the amount stated, from time to time, in the trust deed; or\n- (b) for the employee’s membership (if any) in Brighter Super in the accumulation category under the trust deed, or the employee’s membership in any other fund—the amount prescribed by a regulation.","sortOrder":612},{"sectionNumber":"sec.220A","sectionType":"section","heading":"Amount of yearly contributions—permanent employees","content":"### sec.220A Amount of yearly contributions—permanent employees\n\nA permanent employee of a local government or local government entity (each an employer ) must make a yearly contribution to the relevant fund for the employee.\nThe amount of the yearly contribution is the amount prescribed by regulation.\nHowever, if the permanent employee is not a defined benefit member, the employee may change the amount of the yearly contribution to a particular rate of the employee’s salary.\nFor subsection (3) —\nthe rate may be 0%; and\nthe employee must give the employer notice of the change.\nDespite subsection (1) , the permanent employee need not make the yearly contribution if the employer makes the contribution, in accordance with the employee’s remuneration agreement, as well as the yearly contribution the employer is required to make under section 220 .\nIf subsection (5) applies, despite any other Act the employer may deduct all or part of the yearly contribution from—\nthe permanent employee’s salary; or\nany money the permanent employee owes to the employer.\nIf subsection (5) applies and the permanent employee changes the amount of the yearly contribution under subsection (3) , the change takes effect at the start of the employee’s first pay period, after notice of the change is given under subsection (4) (b) , by which the employer can practicably implement the change.\nIf the permanent employee is required under an industrial instrument to make superannuation contributions, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employee is required to make under this section.\nSubsections (1) and (5) are subject to section 220B .\ns 220A ins 2011 No. 8 s 67\namd 2012 No. 3 s 28 ; 2016 No. 64 s 29\nsub 2024 No. 27 s 100\n(sec.220A-ssec.1) A permanent employee of a local government or local government entity (each an employer ) must make a yearly contribution to the relevant fund for the employee.\n(sec.220A-ssec.2) The amount of the yearly contribution is the amount prescribed by regulation.\n(sec.220A-ssec.3) However, if the permanent employee is not a defined benefit member, the employee may change the amount of the yearly contribution to a particular rate of the employee’s salary.\n(sec.220A-ssec.4) For subsection (3) — the rate may be 0%; and the employee must give the employer notice of the change.\n(sec.220A-ssec.5) Despite subsection (1) , the permanent employee need not make the yearly contribution if the employer makes the contribution, in accordance with the employee’s remuneration agreement, as well as the yearly contribution the employer is required to make under section 220 .\n(sec.220A-ssec.6) If subsection (5) applies, despite any other Act the employer may deduct all or part of the yearly contribution from— the permanent employee’s salary; or any money the permanent employee owes to the employer.\n(sec.220A-ssec.7) If subsection (5) applies and the permanent employee changes the amount of the yearly contribution under subsection (3) , the change takes effect at the start of the employee’s first pay period, after notice of the change is given under subsection (4) (b) , by which the employer can practicably implement the change.\n(sec.220A-ssec.8) If the permanent employee is required under an industrial instrument to make superannuation contributions, the superannuation contribution required under the industrial instrument is not in addition to the yearly contribution the employee is required to make under this section.\n(sec.220A-ssec.9) Subsections (1) and (5) are subject to section 220B .\n- (a) the rate may be 0%; and\n- (b) the employee must give the employer notice of the change.\n- (a) the permanent employee’s salary; or\n- (b) any money the permanent employee owes to the employer.","sortOrder":613},{"sectionNumber":"sec.220B","sectionType":"section","heading":"Reduction in contributions to prevent them exceeding concessional contributions cap","content":"### sec.220B Reduction in contributions to prevent them exceeding concessional contributions cap\n\nSubsection (2) applies if the total of the following (the pre-agreement contributions ) would, but for subsection (2) , be more than an employee’s concessional contributions cap for a financial year—\nthe yearly contribution by the employee’s employer made under section 220 (2) to the relevant fund for the employee;\nthe yearly contribution by the employee made under section 220A to the relevant fund for the employee.\nThe employer and employee may agree in writing—\nto reduce the pre-agreement contributions to the amount equal to the employee’s concessional contributions cap for the financial year; and\nif a yearly contribution made under section 220A (5) is part of the pre-agreement contributions—on the extent, if any, to which a contribution mentioned in subsection (1) (a) or (b) will be reduced to achieve the reduction.\nIf the pre-agreement contributions are reduced under subsection (2) —\nthe amount of the reduction must be paid by the employer to the employee as salary; and\nno contribution is payable under section 220 (2) by the employer because of salary paid under paragraph (a) ; and\nno contribution is payable under section 220A by the employee because of salary paid under paragraph (a) other than to the extent, if any, to which the salary amount relates to a reduction of a yearly contribution under section 220A (5) .\nIn this section—\nconcessional contributions cap , for an employee, means the employee’s concessional contributions cap within the meaning of the Income Tax Assessment Act 1997 (Cwlth) , section 292 -20(2), subject to the Income Tax (Transitional Provisions) Act 1997 (Cwlth) section 292 -20(2).\ns 220B ins 2012 No. 3 s 29\namd 2016 No. 64 s 30 ; 2024 No. 27 s 101\n(sec.220B-ssec.1) Subsection (2) applies if the total of the following (the pre-agreement contributions ) would, but for subsection (2) , be more than an employee’s concessional contributions cap for a financial year— the yearly contribution by the employee’s employer made under section 220 (2) to the relevant fund for the employee; the yearly contribution by the employee made under section 220A to the relevant fund for the employee.\n(sec.220B-ssec.2) The employer and employee may agree in writing— to reduce the pre-agreement contributions to the amount equal to the employee’s concessional contributions cap for the financial year; and if a yearly contribution made under section 220A (5) is part of the pre-agreement contributions—on the extent, if any, to which a contribution mentioned in subsection (1) (a) or (b) will be reduced to achieve the reduction.\n(sec.220B-ssec.3) If the pre-agreement contributions are reduced under subsection (2) — the amount of the reduction must be paid by the employer to the employee as salary; and no contribution is payable under section 220 (2) by the employer because of salary paid under paragraph (a) ; and no contribution is payable under section 220A by the employee because of salary paid under paragraph (a) other than to the extent, if any, to which the salary amount relates to a reduction of a yearly contribution under section 220A (5) .\n(sec.220B-ssec.4) In this section— concessional contributions cap , for an employee, means the employee’s concessional contributions cap within the meaning of the Income Tax Assessment Act 1997 (Cwlth) , section 292 -20(2), subject to the Income Tax (Transitional Provisions) Act 1997 (Cwlth) section 292 -20(2).\n- (a) the yearly contribution by the employee’s employer made under section 220 (2) to the relevant fund for the employee;\n- (b) the yearly contribution by the employee made under section 220A to the relevant fund for the employee.\n- (a) to reduce the pre-agreement contributions to the amount equal to the employee’s concessional contributions cap for the financial year; and\n- (b) if a yearly contribution made under section 220A (5) is part of the pre-agreement contributions—on the extent, if any, to which a contribution mentioned in subsection (1) (a) or (b) will be reduced to achieve the reduction.\n- (a) the amount of the reduction must be paid by the employer to the employee as salary; and\n- (b) no contribution is payable under section 220 (2) by the employer because of salary paid under paragraph (a) ; and\n- (c) no contribution is payable under section 220A by the employee because of salary paid under paragraph (a) other than to the extent, if any, to which the salary amount relates to a reduction of a yearly contribution under section 220A (5) .","sortOrder":614},{"sectionNumber":"sec.220C","sectionType":"section","heading":null,"content":"### Section sec.220C\n\ns 220C ins 2012 No. 3 s 29\namd 2012 No. 33 s 148\nom 2016 No. 64 s 31","sortOrder":615},{"sectionNumber":"sec.221","sectionType":"section","heading":null,"content":"### Section sec.221\n\ns 221 amd 2011 No. 8 s 68\nsub 2016 No. 64 s 31\nom 2024 No. 27 s 102","sortOrder":616},{"sectionNumber":"sec.222","sectionType":"section","heading":"Adjusting contributions if salary decreased","content":"### sec.222 Adjusting contributions if salary decreased\n\nThis section applies if the salary of a permanent employee of a local government or local government entity decreases.\nThe employee may, within 60 days after the decrease in salary takes effect, give the local government or local government entity notice that the employee wants to pay contributions as if the employee’s salary had not decreased.\nIf the employee gives a notice under subsection (2) , the local government or local government entity must calculate the yearly contributions payable for the employee based on the employee’s salary before it was decreased.\ns 222 amd 2011 No. 8 s 69\nsub 2016 No. 64 s 31\namd 2018 No. 8 s 34\nom 2026 No. 5 s 71B (uncommenced amendment)\n(sec.222-ssec.1) This section applies if the salary of a permanent employee of a local government or local government entity decreases.\n(sec.222-ssec.2) The employee may, within 60 days after the decrease in salary takes effect, give the local government or local government entity notice that the employee wants to pay contributions as if the employee’s salary had not decreased.\n(sec.222-ssec.3) If the employee gives a notice under subsection (2) , the local government or local government entity must calculate the yearly contributions payable for the employee based on the employee’s salary before it was decreased.","sortOrder":617},{"sectionNumber":"sec.223","sectionType":"section","heading":null,"content":"### Section sec.223\n\ns 223 amd 2011 No. 8 s 70\nom 2016 No. 64 s 32","sortOrder":618},{"sectionNumber":"sec.224","sectionType":"section","heading":"Interest is payable on unpaid contributions","content":"### sec.224 Interest is payable on unpaid contributions\n\nThis section applies if a local government or local government entity does not pay a superannuation contribution payable for an employee of the local government or local government entity within 14 days after the end of the employee’s pay period for which the contribution is payable.\nThe local government or local government entity must pay interest on the amount of the contribution to the relevant fund for the employee.\nAny interest that is payable—\nis to be paid at the rate prescribed under a regulation; and\nis to be calculated on a daily basis.\ns 224 amd 2011 No. 8 s 71 ; 2016 No. 64 s 33\namd 2026 No. 5 s 71C (uncommenced amendment)\n(sec.224-ssec.1) This section applies if a local government or local government entity does not pay a superannuation contribution payable for an employee of the local government or local government entity within 14 days after the end of the employee’s pay period for which the contribution is payable.\n(sec.224-ssec.2) The local government or local government entity must pay interest on the amount of the contribution to the relevant fund for the employee.\n(sec.224-ssec.3) Any interest that is payable— is to be paid at the rate prescribed under a regulation; and is to be calculated on a daily basis.\n- (a) is to be paid at the rate prescribed under a regulation; and\n- (b) is to be calculated on a daily basis.","sortOrder":619},{"sectionNumber":"sec.225","sectionType":"section","heading":"Local governments must not establish employee superannuation schemes","content":"### sec.225 Local governments must not establish employee superannuation schemes\n\nA local government (other than the Brisbane City Council) must not establish a superannuation scheme for its employees.\ns 225 amd 2011 No. 8 s 72","sortOrder":620},{"sectionNumber":"sec.226","sectionType":"section","heading":"Super scheme for councillors","content":"### sec.226 Super scheme for councillors\n\nA local government (other than the Brisbane City Council) may, for its councillors—\nestablish and amend a superannuation scheme; or\ntake part in a superannuation scheme.\nFor a similar power of the Brisbane City Council, see the City of Brisbane Act 2010 , section 210 .\nIf it does so, the local government may pay an amount from its operating fund to the superannuation scheme as a contribution for its councillors.\nHowever, the local government must not make contributions to the superannuation scheme—\nof more than the proportion of a salary that is payable by the local government for its standard permanent employees under this part; or\nfor a person who is no longer a councillor.\nA councillor of the local government may enter into an arrangement with the local government under which—\nthe councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and\nthe local government agrees to contribute the percentage or amount to the superannuation scheme for the councillor.\nA superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act .\ns 226 amd 2010 No. 23 s 325 ; 2011 No. 8 s 73 ; 2016 No. 64 s 34\n(sec.226-ssec.1) A local government (other than the Brisbane City Council) may, for its councillors— establish and amend a superannuation scheme; or take part in a superannuation scheme. For a similar power of the Brisbane City Council, see the City of Brisbane Act 2010 , section 210 .\n(sec.226-ssec.2) If it does so, the local government may pay an amount from its operating fund to the superannuation scheme as a contribution for its councillors.\n(sec.226-ssec.3) However, the local government must not make contributions to the superannuation scheme— of more than the proportion of a salary that is payable by the local government for its standard permanent employees under this part; or for a person who is no longer a councillor.\n(sec.226-ssec.4) A councillor of the local government may enter into an arrangement with the local government under which— the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and the local government agrees to contribute the percentage or amount to the superannuation scheme for the councillor.\n(sec.226-ssec.5) A superannuation scheme is a superannuation scheme that complies with the Commonwealth Super Act .\n- (a) establish and amend a superannuation scheme; or\n- (b) take part in a superannuation scheme.\n- (a) of more than the proportion of a salary that is payable by the local government for its standard permanent employees under this part; or\n- (b) for a person who is no longer a councillor.\n- (a) the councillor agrees to forgo a percentage or amount of the remuneration that the councillor is entitled to as a councillor; and\n- (b) the local government agrees to contribute the percentage or amount to the superannuation scheme for the councillor.","sortOrder":621},{"sectionNumber":"sec.227","sectionType":"section","heading":null,"content":"### Section sec.227\n\ns 227 amd 2012 No. 33 s 149\nom 2016 No. 64 s 35","sortOrder":622},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Allocating Commonwealth funding to local governments","content":"# Allocating Commonwealth funding to local governments","sortOrder":623},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Allocating Commonwealth funding","content":"## Allocating Commonwealth funding","sortOrder":624},{"sectionNumber":"sec.228","sectionType":"section","heading":"Allocating Commonwealth funding","content":"### sec.228 Allocating Commonwealth funding\n\nThe grants commission is a body that is created under this Act to perform the responsibilities of a Local Government Grants Commission under the Local Government (Financial Assistance) Act .\nThe grants commission and the Minister must comply with the Local Government (Financial Assistance) Act .\nThe public hearings that the grants commission is required to hold under the Local Government (Financial Assistance) Act must be held in the way set out in part 1 .\nIf—\nthe grants commission requires a local governing body to provide information to help the grants commission make a decision about funding under the Local Government (Financial Assistance) Act ; and\nthe local governing body does not make a submission by the date reasonably specified by the grants commission;\nthe grants commission can recommend that no funding be allocated to the local governing body.\nA local governing body is a local governing body within the meaning of the Local Government (Financial Assistance) Act .\nThe Minister must not distribute to a local government an amount equal to notional GST if the local government has not paid the notional GST.\nNotional GST is an amount that a local government may pay under the GST and Related Matters Act 2000 , section 5 .\nThe Minister must table the following in the Legislative Assembly—\nthe grants commission’s recommendations about the allocation of funding;\na breakdown of how the funding was allocated between local governments.\n(sec.228-ssec.1) The grants commission is a body that is created under this Act to perform the responsibilities of a Local Government Grants Commission under the Local Government (Financial Assistance) Act .\n(sec.228-ssec.2) The grants commission and the Minister must comply with the Local Government (Financial Assistance) Act .\n(sec.228-ssec.3) The public hearings that the grants commission is required to hold under the Local Government (Financial Assistance) Act must be held in the way set out in part 1 .\n(sec.228-ssec.4) If— the grants commission requires a local governing body to provide information to help the grants commission make a decision about funding under the Local Government (Financial Assistance) Act ; and the local governing body does not make a submission by the date reasonably specified by the grants commission; the grants commission can recommend that no funding be allocated to the local governing body.\n(sec.228-ssec.5) A local governing body is a local governing body within the meaning of the Local Government (Financial Assistance) Act .\n(sec.228-ssec.6) The Minister must not distribute to a local government an amount equal to notional GST if the local government has not paid the notional GST.\n(sec.228-ssec.7) Notional GST is an amount that a local government may pay under the GST and Related Matters Act 2000 , section 5 .\n(sec.228-ssec.8) The Minister must table the following in the Legislative Assembly— the grants commission’s recommendations about the allocation of funding; a breakdown of how the funding was allocated between local governments.\n- (a) the grants commission requires a local governing body to provide information to help the grants commission make a decision about funding under the Local Government (Financial Assistance) Act ; and\n- (b) the local governing body does not make a submission by the date reasonably specified by the grants commission;\n- (a) the grants commission’s recommendations about the allocation of funding;\n- (b) a breakdown of how the funding was allocated between local governments.","sortOrder":625},{"sectionNumber":"sec.229","sectionType":"section","heading":"Decisions under this division are not subject to appeal","content":"### sec.229 Decisions under this division are not subject to appeal\n\nA decision of the grants commission or the Minister under this division is not subject to appeal.\nSee section 244 (Decisions not subject to appeal) for more information.","sortOrder":626},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"The grants commission","content":"## The grants commission","sortOrder":627},{"sectionNumber":"sec.230","sectionType":"section","heading":"Grants commission is established","content":"### sec.230 Grants commission is established\n\nThe Local Government Grants Commission (the grants commission ) is established.\nThe grants commission is made up of the following members—\na chairperson;\na deputy chairperson;\n4 other members.\n(sec.230-ssec.1) The Local Government Grants Commission (the grants commission ) is established.\n(sec.230-ssec.2) The grants commission is made up of the following members— a chairperson; a deputy chairperson; 4 other members.\n- (a) a chairperson;\n- (b) a deputy chairperson;\n- (c) 4 other members.","sortOrder":628},{"sectionNumber":"sec.231","sectionType":"section","heading":"Members of grants commission","content":"### sec.231 Members of grants commission\n\nThe Governor in Council must appoint the members of the grants commission.\nThe Governor in Council must ensure—\nthe person who is appointed as the deputy chairperson is an officer of the department; and\nat least 1 member has knowledge of local government in relation to local government areas of indigenous regional councils and other indigenous local governments; and\nthe other members have knowledge of local government.\nA member may be appointed for a term of not longer than 3 years.\nA member holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides.\nThe Governor in Council may pay members different rates.\nA person may be a member of the grants commission at the same time as the person holds an office under another Act, even though the other Act—\nrequires the holder of an office to devote all of the person’s time to the duties of the office; or\nprohibits the holder of an office from engaging in employment outside the duties of the office.\nA person stops being a member of the grants commission if—\nthe member resigns by signed notice of resignation given to the Minister; or\nthe member is convicted of an indictable offence; or\nif the member is the deputy chairperson—the member stops being an officer of the department; or\nthe Governor in Council cancels the member’s appointment.\nThe Governor in Council may cancel a member’s appointment if the member—\nbecomes incapable of performing duties because of physical or mental incapacity; or\nengages in misbehaviour; or\nis incompetent; or\nuses the office for party political purposes; or\ndoes anything else that the Governor in Council considers is a reasonable and sufficient justification for removal from office.\nThe Governor in Council may appoint a person to act for a member of the grants commission if the member is—\nabsent; or\nunable to carry out the member’s responsibilities (including because of illness, for example).\ns 231 amd 2010 No. 23 s 326\n(sec.231-ssec.1) The Governor in Council must appoint the members of the grants commission.\n(sec.231-ssec.2) The Governor in Council must ensure— the person who is appointed as the deputy chairperson is an officer of the department; and at least 1 member has knowledge of local government in relation to local government areas of indigenous regional councils and other indigenous local governments; and the other members have knowledge of local government.\n(sec.231-ssec.3) A member may be appointed for a term of not longer than 3 years.\n(sec.231-ssec.4) A member holds office on the conditions (including about fees and allowances, for example) that the Governor in Council decides.\n(sec.231-ssec.5) The Governor in Council may pay members different rates.\n(sec.231-ssec.6) A person may be a member of the grants commission at the same time as the person holds an office under another Act, even though the other Act— requires the holder of an office to devote all of the person’s time to the duties of the office; or prohibits the holder of an office from engaging in employment outside the duties of the office.\n(sec.231-ssec.7) A person stops being a member of the grants commission if— the member resigns by signed notice of resignation given to the Minister; or the member is convicted of an indictable offence; or if the member is the deputy chairperson—the member stops being an officer of the department; or the Governor in Council cancels the member’s appointment.\n(sec.231-ssec.8) The Governor in Council may cancel a member’s appointment if the member— becomes incapable of performing duties because of physical or mental incapacity; or engages in misbehaviour; or is incompetent; or uses the office for party political purposes; or does anything else that the Governor in Council considers is a reasonable and sufficient justification for removal from office.\n(sec.231-ssec.9) The Governor in Council may appoint a person to act for a member of the grants commission if the member is— absent; or unable to carry out the member’s responsibilities (including because of illness, for example).\n- (a) the person who is appointed as the deputy chairperson is an officer of the department; and\n- (b) at least 1 member has knowledge of local government in relation to local government areas of indigenous regional councils and other indigenous local governments; and\n- (c) the other members have knowledge of local government.\n- (a) requires the holder of an office to devote all of the person’s time to the duties of the office; or\n- (b) prohibits the holder of an office from engaging in employment outside the duties of the office.\n- (a) the member resigns by signed notice of resignation given to the Minister; or\n- (b) the member is convicted of an indictable offence; or\n- (c) if the member is the deputy chairperson—the member stops being an officer of the department; or\n- (d) the Governor in Council cancels the member’s appointment.\n- (a) becomes incapable of performing duties because of physical or mental incapacity; or\n- (b) engages in misbehaviour; or\n- (c) is incompetent; or\n- (d) uses the office for party political purposes; or\n- (e) does anything else that the Governor in Council considers is a reasonable and sufficient justification for removal from office.\n- (a) absent; or\n- (b) unable to carry out the member’s responsibilities (including because of illness, for example).","sortOrder":629},{"sectionNumber":"sec.232","sectionType":"section","heading":"Conflict of interests","content":"### sec.232 Conflict of interests\n\nThis section applies if—\na member of the grants commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the grants commission; and\nthe interest could conflict with the proper performance of the member’s responsibilities for the matter.\nThe person must not take part, or take further part, in any consideration of the matter.\nMaximum penalty—35 penalty units.\nAs soon as practicable after the member becomes aware that this section applies to the member, the member must inform the department’s chief executive.\nMaximum penalty—35 penalty units.\n(sec.232-ssec.1) This section applies if— a member of the grants commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the grants commission; and the interest could conflict with the proper performance of the member’s responsibilities for the matter.\n(sec.232-ssec.2) The person must not take part, or take further part, in any consideration of the matter. Maximum penalty—35 penalty units.\n(sec.232-ssec.3) As soon as practicable after the member becomes aware that this section applies to the member, the member must inform the department’s chief executive. Maximum penalty—35 penalty units.\n- (a) a member of the grants commission has a direct or indirect financial interest in a matter being considered, or about to be considered, by the grants commission; and\n- (b) the interest could conflict with the proper performance of the member’s responsibilities for the matter.","sortOrder":630},{"sectionNumber":"sec.233","sectionType":"section","heading":"Staff assistance to the grants commission","content":"### sec.233 Staff assistance to the grants commission\n\nThe department’s chief executive must make available to the grants commission the staff assistance that the grants commission needs to effectively perform its responsibilities.","sortOrder":631},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Offences and legal provisions","content":"# Offences and legal provisions","sortOrder":632},{"sectionNumber":"ch.7-pt.4-div.1","sectionType":"division","heading":"Offences relating to State officials","content":"## Offences relating to State officials","sortOrder":633},{"sectionNumber":"sec.233A","sectionType":"section","heading":"Obstructing State officials","content":"### sec.233A Obstructing State officials\n\nA person must not obstruct a State official exercising a power under this Act, or a person helping a State official exercise a power, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf a person has obstructed a State official, or a person helping a State official, and the official decides to proceed with the exercise of the power, the official must warn the person that—\nit is an offence to cause an obstruction unless the person has a reasonable excuse; and\nthe official considers the person’s conduct is an obstruction.\nIn this section—\nState official means the following persons—\nthe Minister;\nthe department’s chief executive;\nan authorised officer;\nthe assessor;\nan investigator;\nthe president or a casual member of the conduct tribunal;\na member of the change commission.\ns 233A ins 2018 No. 8 s 24\n(sec.233A-ssec.1) A person must not obstruct a State official exercising a power under this Act, or a person helping a State official exercise a power, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.233A-ssec.2) If a person has obstructed a State official, or a person helping a State official, and the official decides to proceed with the exercise of the power, the official must warn the person that— it is an offence to cause an obstruction unless the person has a reasonable excuse; and the official considers the person’s conduct is an obstruction.\n(sec.233A-ssec.3) In this section— State official means the following persons— the Minister; the department’s chief executive; an authorised officer; the assessor; an investigator; the president or a casual member of the conduct tribunal; a member of the change commission.\n- (a) it is an offence to cause an obstruction unless the person has a reasonable excuse; and\n- (b) the official considers the person’s conduct is an obstruction.\n- (a) the Minister;\n- (b) the department’s chief executive;\n- (c) an authorised officer;\n- (d) the assessor;\n- (e) an investigator;\n- (f) the president or a casual member of the conduct tribunal;\n- (g) a member of the change commission.","sortOrder":634},{"sectionNumber":"sec.233B","sectionType":"section","heading":"Impersonating particular persons","content":"### sec.233B Impersonating particular persons\n\nA person must not impersonate an authorised officer, the assessor or an investigator.\nMaximum penalty—50 penalty units.\ns 233B ins 2018 No. 8 s 24","sortOrder":635},{"sectionNumber":"sec.234","sectionType":"section","heading":"False or misleading information","content":"### sec.234 False or misleading information\n\nA person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons—\nthe Minister;\nthe department’s chief executive;\nthe chief executive officer;\nthe chief executive officer under the City of Brisbane Act 2010 ;\nan authorised person;\nthe change commission;\nthe assessor or a member of the staff of the Office of the Independent Assessor;\nan investigator;\nthe conduct tribunal;\nthe remuneration commission;\nthe grants commission.\nMaximum penalty—100 penalty units.\nIn certain circumstances this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\nHowever, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person—\nthe person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.\ns 234 amd 2018 No. 8 s 25 ; 2019 No. 30 s 138 ; 2020 No. 20 s 121\n(sec.234-ssec.1) A person commits an offence if the person gives information for this Act (either orally or in a document), that the person knows is false or misleading in a material particular, to any of the following persons— the Minister; the department’s chief executive; the chief executive officer; the chief executive officer under the City of Brisbane Act 2010 ; an authorised person; the change commission; the assessor or a member of the staff of the Office of the Independent Assessor; an investigator; the conduct tribunal; the remuneration commission; the grants commission. Maximum penalty—100 penalty units. In certain circumstances this section is a relevant integrity provision for the offence against section 201D —see section 201D (2) , definition relevant integrity provision .\n(sec.234-ssec.2) However, the person does not commit an offence in relation to information in a document if, when the person gives the document to the other person— the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.\n- (a) the Minister;\n- (b) the department’s chief executive;\n- (c) the chief executive officer;\n- (d) the chief executive officer under the City of Brisbane Act 2010 ;\n- (e) an authorised person;\n- (f) the change commission;\n- (g) the assessor or a member of the staff of the Office of the Independent Assessor;\n- (h) an investigator;\n- (i) the conduct tribunal;\n- (j) the remuneration commission;\n- (k) the grants commission.\n- (a) the person tells the other person that the document is false or misleading, and in what respect the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—the person gives the other person the correct information.","sortOrder":636},{"sectionNumber":"ch.7-pt.4-div.2","sectionType":"division","heading":"Legal matters","content":"## Legal matters","sortOrder":637},{"sectionNumber":"sec.235","sectionType":"section","heading":"Administrators who act honestly and without negligence are protected from liability","content":"### sec.235 Administrators who act honestly and without negligence are protected from liability\n\nA State administrator or local government administrator is not civilly liable for an act done, or omission made, honestly and without negligence under—\nthis Act; or\nthe City of Brisbane Act 2010 ; or\nthe Local Government Electoral Act .\nA State administrator is—\nthe Minister; or\nthe department’s chief executive; or\nan authorised officer; or\nthe assessor; or\nan investigator; or\na member of the conduct tribunal; or\na member of the change commission; or\na member of the grants commission; or\na commissioner of the remuneration commission; or\na person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\nan advisor or financial controller.\nA local government administrator is—\na councillor; or\na councillor under the City of Brisbane Act 2010 ; or\nthe chief executive officer; or\nthe chief executive officer under the City of Brisbane Act 2010 ; or\nan authorised person; or\nanother local government employee; or\nan interim administrator.\nIf subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.\nIf subsection (1) prevents civil liability attaching to a local government administrator, liability attaches instead to the local government.\nA joint local government, or any member of the joint local government, is not civilly liable for an act done under this Act, or omission made under this Act, honestly and without negligence.\nIf subsection (6) prevents civil liability attaching to a member of a joint local government, liability attaches instead to the local government for which the member is a councillor.\nThe protection given under this section is in addition to any other protection given under this Act or another Act or law, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 .\nFor protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\ns 235 amd 2010 No. 23 s 327 ; 2010 No. 38 s 78 sch 3 ; 2012 No. 33 s 150 ; 2014 No. 44 s 9 ; 2018 No. 8 s 27 ; 2019 No. 30 s 139 ; 2020 No. 20 s 121A ; 2022 No. 34 s 365 sch 3\n(sec.235-ssec.1) A State administrator or local government administrator is not civilly liable for an act done, or omission made, honestly and without negligence under— this Act; or the City of Brisbane Act 2010 ; or the Local Government Electoral Act .\n(sec.235-ssec.2) A State administrator is— the Minister; or the department’s chief executive; or an authorised officer; or the assessor; or an investigator; or a member of the conduct tribunal; or a member of the change commission; or a member of the grants commission; or a commissioner of the remuneration commission; or a person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or an advisor or financial controller.\n(sec.235-ssec.3) A local government administrator is— a councillor; or a councillor under the City of Brisbane Act 2010 ; or the chief executive officer; or the chief executive officer under the City of Brisbane Act 2010 ; or an authorised person; or another local government employee; or an interim administrator.\n(sec.235-ssec.4) If subsection (1) prevents civil liability attaching to a State administrator, liability attaches instead to the State.\n(sec.235-ssec.5) If subsection (1) prevents civil liability attaching to a local government administrator, liability attaches instead to the local government.\n(sec.235-ssec.6) A joint local government, or any member of the joint local government, is not civilly liable for an act done under this Act, or omission made under this Act, honestly and without negligence.\n(sec.235-ssec.7) If subsection (6) prevents civil liability attaching to a member of a joint local government, liability attaches instead to the local government for which the member is a councillor.\n(sec.235-ssec.8) The protection given under this section is in addition to any other protection given under this Act or another Act or law, including, for example, the Public Interest Disclosure Act 2010 and the Public Sector Act 2022 . For protection from civil liability in relation to prescribed persons under the Public Sector Act 2022 , section 267 , see the Public Sector Act 2022 , section 269 .\n- (a) this Act; or\n- (b) the City of Brisbane Act 2010 ; or\n- (c) the Local Government Electoral Act .\n- (a) the Minister; or\n- (b) the department’s chief executive; or\n- (c) an authorised officer; or\n- (d) the assessor; or\n- (e) an investigator; or\n- (f) a member of the conduct tribunal; or\n- (g) a member of the change commission; or\n- (h) a member of the grants commission; or\n- (i) a commissioner of the remuneration commission; or\n- (j) a person acting under the direction of a person mentioned in paragraph (a) , (b) , (c) , (d) or (e) ; or\n- (k) an advisor or financial controller.\n- (a) a councillor; or\n- (b) a councillor under the City of Brisbane Act 2010 ; or\n- (c) the chief executive officer; or\n- (d) the chief executive officer under the City of Brisbane Act 2010 ; or\n- (e) an authorised person; or\n- (f) another local government employee; or\n- (g) an interim administrator.","sortOrder":638},{"sectionNumber":"sec.236","sectionType":"section","heading":"Who is authorised to sign local government documents","content":"### sec.236 Who is authorised to sign local government documents\n\nThe following persons may sign a document on behalf of a local government—\nthe head of the local government;\na delegate of the local government;\na councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents.\nSee section 257 for the local government’s power to delegate.\nThe head of the local government is—\nthe mayor; or\nif all of the councillors have been suspended or the local government has been dissolved under section 123 and an interim administrator is appointed—the interim administrator; or\nif there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.\ns 236 amd 2010 No. 23 s 328 ; 2012 No. 33 s 151 ; 2019 No. 30 s 117\n(sec.236-ssec.1) The following persons may sign a document on behalf of a local government— the head of the local government; a delegate of the local government; a councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents. See section 257 for the local government’s power to delegate.\n(sec.236-ssec.2) The head of the local government is— the mayor; or if all of the councillors have been suspended or the local government has been dissolved under section 123 and an interim administrator is appointed—the interim administrator; or if there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.\n- (a) the head of the local government;\n- (b) a delegate of the local government;\n- (c) a councillor or local government employee who is authorised by the head of the local government, in writing, to sign documents.\n- (a) the mayor; or\n- (b) if all of the councillors have been suspended or the local government has been dissolved under section 123 and an interim administrator is appointed—the interim administrator; or\n- (c) if there are no councillors for any other reason and an interim administrator has not been appointed—the chief executive officer.","sortOrder":639},{"sectionNumber":"sec.236A","sectionType":"section","heading":"Who is authorised to sign joint local government documents","content":"### sec.236A Who is authorised to sign joint local government documents\n\nThe following persons may sign a document on behalf of a joint local government—\nthe chairperson of the joint local government;\na delegate of the joint local government;\na member of the joint local government, or a joint local government employee, who is authorised by the chairperson of the joint local government, in writing, to sign documents.\ns 236A ins 2012 No. 33 s 152\n- (a) the chairperson of the joint local government;\n- (b) a delegate of the joint local government;\n- (c) a member of the joint local government, or a joint local government employee, who is authorised by the chairperson of the joint local government, in writing, to sign documents.","sortOrder":640},{"sectionNumber":"sec.237","sectionType":"section","heading":"Name in proceedings by or against a local government","content":"### sec.237 Name in proceedings by or against a local government\n\nAny proceedings by a local government must be started in the name of the local government.\nHowever, a local government may start a proceeding under the Justices Act 1886 in the name of a local government employee who is a public officer within the meaning of that Act.\nAny proceedings against a local government must be started against the local government in its name.\ns 237 amd 2012 No. 33 s 153\n(sec.237-ssec.1) Any proceedings by a local government must be started in the name of the local government.\n(sec.237-ssec.2) However, a local government may start a proceeding under the Justices Act 1886 in the name of a local government employee who is a public officer within the meaning of that Act.\n(sec.237-ssec.3) Any proceedings against a local government must be started against the local government in its name.","sortOrder":641},{"sectionNumber":"sec.237A","sectionType":"section","heading":"Name in proceedings by or against a joint local government","content":"### sec.237A Name in proceedings by or against a joint local government\n\nA proceeding by a joint local government must be started in the name of the joint local government.\nHowever, a joint local government may start a proceeding under the Justices Act 1886 in the name of a joint local government employee who is a public officer within the meaning of that Act.\nA proceeding against a joint local government must be started against the joint local government in its name.\ns 237A ins 2012 No. 33 s 154\n(sec.237A-ssec.1) A proceeding by a joint local government must be started in the name of the joint local government.\n(sec.237A-ssec.2) However, a joint local government may start a proceeding under the Justices Act 1886 in the name of a joint local government employee who is a public officer within the meaning of that Act.\n(sec.237A-ssec.3) A proceeding against a joint local government must be started against the joint local government in its name.","sortOrder":642},{"sectionNumber":"sec.238","sectionType":"section","heading":"Service of documents on local governments","content":"### sec.238 Service of documents on local governments\n\nA document is properly served on a local government if it is given to the chief executive officer in a way that is authorised by law.","sortOrder":643},{"sectionNumber":"sec.239","sectionType":"section","heading":"Substituted service","content":"### sec.239 Substituted service\n\nIf an owner of rateable land is known to be absent from the State, a local government may serve a document on the owner by serving the document on the owner’s agent in the State.\nSubsection (3) applies if—\na local government must serve a document on a person who owns or occupies a property; but\nthe local government does not know, or is uncertain about, the person’s current address.\nThe local government may serve the document by—\npublishing a notice that contains a copy of the document on the local government’s website; or\npublishing a notice that contains a summary of the document in—\na newspaper that is circulating generally throughout the State; and\nthe gazette.\nThe notice must be addressed to—\nif the local government knows the person’s name—the person by name; or\nif the local government does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.\nIn this section, a reference to a local government includes a reference to a joint local government.\ns 239 amd 2010 No. 23 s 329 ; 2012 No. 33 s 155 ; 2023 No. 30 s 100\n(sec.239-ssec.1) If an owner of rateable land is known to be absent from the State, a local government may serve a document on the owner by serving the document on the owner’s agent in the State.\n(sec.239-ssec.2) Subsection (3) applies if— a local government must serve a document on a person who owns or occupies a property; but the local government does not know, or is uncertain about, the person’s current address.\n(sec.239-ssec.3) The local government may serve the document by— publishing a notice that contains a copy of the document on the local government’s website; or publishing a notice that contains a summary of the document in— a newspaper that is circulating generally throughout the State; and the gazette.\n(sec.239-ssec.4) The notice must be addressed to— if the local government knows the person’s name—the person by name; or if the local government does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.\n(sec.239-ssec.5) In this section, a reference to a local government includes a reference to a joint local government.\n- (a) a local government must serve a document on a person who owns or occupies a property; but\n- (b) the local government does not know, or is uncertain about, the person’s current address.\n- (a) publishing a notice that contains a copy of the document on the local government’s website; or\n- (b) publishing a notice that contains a summary of the document in— (i) a newspaper that is circulating generally throughout the State; and (ii) the gazette.\n- (i) a newspaper that is circulating generally throughout the State; and\n- (ii) the gazette.\n- (i) a newspaper that is circulating generally throughout the State; and\n- (ii) the gazette.\n- (a) if the local government knows the person’s name—the person by name; or\n- (b) if the local government does not know the person’s name—the ‘owner’ or ‘occupier’ at the property’s address.","sortOrder":644},{"sectionNumber":"sec.239A","sectionType":"section","heading":"Local Government Acts requiring a statement of a law","content":"### sec.239A Local Government Acts requiring a statement of a law\n\nA provision of a Local Government Act , that requires a document to contain a statement of a relevant provision of law, is taken to be complied with if the document states that particulars of the relevant provision may be—\nobtained, free of charge, on application to the local government; or\nviewed at an identified website.\ns 239A ins 2010 No. 23 s 330\n- (a) obtained, free of charge, on application to the local government; or\n- (b) viewed at an identified website.","sortOrder":645},{"sectionNumber":"sec.240","sectionType":"section","heading":"Acting for a local government in legal proceedings","content":"### sec.240 Acting for a local government in legal proceedings\n\nIn any proceedings, the chief executive officer, or another employee authorised in writing by the local government—\nmay give instructions and act as the authorised agent for the local government; and\nmay sign all documents for the local government.\nA local government must pay the costs incurred by the chief executive officer or other employee in any proceedings.\nIf the Attorney-General could take proceedings on behalf of a local government to ensure compliance with a Local Government Act , the local government may take the proceeding in its own name.\nIn any proceedings, the chairperson of a joint local government, or another employee authorised in writing by the joint local government—\nmay give instructions and act as the authorised agent for the joint local government; and\nmay sign all documents for the joint local government.\nA joint local government must pay the costs incurred by the chairperson or other employee in any proceedings.\ns 240 amd 2012 No. 33 s 156\n(sec.240-ssec.1) In any proceedings, the chief executive officer, or another employee authorised in writing by the local government— may give instructions and act as the authorised agent for the local government; and may sign all documents for the local government.\n(sec.240-ssec.2) A local government must pay the costs incurred by the chief executive officer or other employee in any proceedings.\n(sec.240-ssec.3) If the Attorney-General could take proceedings on behalf of a local government to ensure compliance with a Local Government Act , the local government may take the proceeding in its own name.\n(sec.240-ssec.4) In any proceedings, the chairperson of a joint local government, or another employee authorised in writing by the joint local government— may give instructions and act as the authorised agent for the joint local government; and may sign all documents for the joint local government.\n(sec.240-ssec.5) A joint local government must pay the costs incurred by the chairperson or other employee in any proceedings.\n- (a) may give instructions and act as the authorised agent for the local government; and\n- (b) may sign all documents for the local government.\n- (a) may give instructions and act as the authorised agent for the joint local government; and\n- (b) may sign all documents for the joint local government.","sortOrder":646},{"sectionNumber":"sec.241","sectionType":"section","heading":"Attempt to commit offence","content":"### sec.241 Attempt to commit offence\n\nA person who attempts to commit an offence against this Act commits an offence and, on conviction, is liable to the same penalties as if the person had committed the offence.","sortOrder":647},{"sectionNumber":"sec.242","sectionType":"section","heading":"Proceedings for indictable offences","content":"### sec.242 Proceedings for indictable offences\n\nSubject to subsection (2) , a charge of an indictable offence against this Act must be heard and decided summarily.\nA Magistrates Court must not deal summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\nIf subsection (2) applies to a Magistrates Court—\nthe court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and\nthe defendant’s plea at the start of the hearing must be disregarded; and\nthe evidence already heard by the court must be taken to be evidence in the committal proceeding; and\nto avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\nThis section does not apply to a charge of an indictable offence against section 201D .\ns 242 sub 2018 No. 8 s 28\namd 2020 No. 20 s 122\n(sec.242-ssec.1) Subject to subsection (2) , a charge of an indictable offence against this Act must be heard and decided summarily.\n(sec.242-ssec.2) A Magistrates Court must not deal summarily with a charge mentioned in subsection (1) if satisfied, on an application made by the prosecution or the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.\n(sec.242-ssec.3) If subsection (2) applies to a Magistrates Court— the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and the defendant’s plea at the start of the hearing must be disregarded; and the evidence already heard by the court must be taken to be evidence in the committal proceeding; and to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.\n(sec.242-ssec.4) This section does not apply to a charge of an indictable offence against section 201D .\n- (a) the court must stop treating the proceeding as a proceeding to hear and decide the charge summarily and start treating the proceeding as a committal proceeding; and\n- (b) the defendant’s plea at the start of the hearing must be disregarded; and\n- (c) the evidence already heard by the court must be taken to be evidence in the committal proceeding; and\n- (d) to avoid any doubt, it is declared that the Justices Act 1886 , section 104 must be complied with for the committal proceeding.","sortOrder":648},{"sectionNumber":"sec.243","sectionType":"section","heading":"Time to start proceedings in a summary way","content":"### sec.243 Time to start proceedings in a summary way\n\nProceedings for an offence against this Act that are to be heard in a summary way under the Justices Act 1886 must be started—\nwithin 1 year after the offence was committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\n- (a) within 1 year after the offence was committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.","sortOrder":649},{"sectionNumber":"sec.244","sectionType":"section","heading":"Decisions not subject to appeal","content":"### sec.244 Decisions not subject to appeal\n\nThis section applies if a provision of this Act declares a decision to be not subject to appeal.\nUnless the Supreme Court decides the decision is affected by jurisdictional error, the decision—\nis final and conclusive; and\ncan not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\nis not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\nThe Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\nA person who, but for subsection (2) , could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.\nIn this section—\ndecision includes—\nconduct related to making the decision; and\na failure to make a decision.\ns 244 sub 2019 No. 30 s 118\n(sec.244-ssec.1) This section applies if a provision of this Act declares a decision to be not subject to appeal.\n(sec.244-ssec.2) Unless the Supreme Court decides the decision is affected by jurisdictional error, the decision— is final and conclusive; and can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n(sec.244-ssec.3) The Judicial Review Act 1991 , part 5 applies to the decision to the extent it is affected by jurisdictional error.\n(sec.244-ssec.4) A person who, but for subsection (2) , could have made an application under the Judicial Review Act 1991 in relation to the decision may apply under part 4 of that Act for a statement of reasons in relation to the decision.\n(sec.244-ssec.5) In this section— decision includes— conduct related to making the decision; and a failure to make a decision.\n- (a) is final and conclusive; and\n- (b) can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and\n- (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.\n- (a) conduct related to making the decision; and\n- (b) a failure to make a decision.","sortOrder":650},{"sectionNumber":"sec.245","sectionType":"section","heading":"Judges and other office holders not disqualified from adjudicating","content":"### sec.245 Judges and other office holders not disqualified from adjudicating\n\nA judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a local government is a party only because the person is, or is liable to be, a ratepayer of the local government.\nA judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a joint local government is a party only because the person is, or is liable to be, a ratepayer of a component local government for the joint local government.\ns 245 amd 2012 No. 33 s 157\n(sec.245-ssec.1) A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a local government is a party only because the person is, or is liable to be, a ratepayer of the local government.\n(sec.245-ssec.2) A judge, magistrate, justice or presiding member of a tribunal is not disqualified from adjudicating in any proceedings to which a joint local government is a party only because the person is, or is liable to be, a ratepayer of a component local government for the joint local government.","sortOrder":651},{"sectionNumber":"sec.246","sectionType":"section","heading":"Where fines are to be paid to","content":"### sec.246 Where fines are to be paid to\n\nThis section applies if, in proceedings brought by a local government for an offence against a Local Government Act , the court imposes a fine.\nThe fine must be paid to the local government’s operating fund, unless the court ordered the fine to be paid to a person.\nIn this section, a reference to a local government includes a reference to a joint local government.\ns 246 amd 2012 No. 33 s 158\n(sec.246-ssec.1) This section applies if, in proceedings brought by a local government for an offence against a Local Government Act , the court imposes a fine.\n(sec.246-ssec.2) The fine must be paid to the local government’s operating fund, unless the court ordered the fine to be paid to a person.\n(sec.246-ssec.3) In this section, a reference to a local government includes a reference to a joint local government.","sortOrder":652},{"sectionNumber":"sec.247","sectionType":"section","heading":"Local government references in this Act","content":"### sec.247 Local government references in this Act\n\nIn a provision of this Act about a local government—\na reference to the mayor or another councillor is a reference to the mayor or another councillor of the local government; and\na reference to a councillor advisor is a reference to a councillor advisor appointed by the mayor or another councillor of the local government; and\na reference to the chief executive officer or another employee is a reference to the chief executive officer or another employee of the local government; and\na reference to an authorised person is a reference to an authorised person appointed by the local government; and\na reference to a local government area is a reference to the local government area of the local government.\nIn a provision of this Act, a reference to a local government is a reference to the local government that—\nin a provision about the mayor or another councillor—the mayor or other councillor was elected or appointed to; and\nin a provision about the chief executive officer or another employee—employs the chief executive officer or another employee; and\nin a provision about an authorised person—appointed the authorised person; and\nin a provision about a local government area—has jurisdiction over the local government area.\ns 247 amd 2020 No. 20 s 122A\n(sec.247-ssec.1) In a provision of this Act about a local government— a reference to the mayor or another councillor is a reference to the mayor or another councillor of the local government; and a reference to a councillor advisor is a reference to a councillor advisor appointed by the mayor or another councillor of the local government; and a reference to the chief executive officer or another employee is a reference to the chief executive officer or another employee of the local government; and a reference to an authorised person is a reference to an authorised person appointed by the local government; and a reference to a local government area is a reference to the local government area of the local government.\n(sec.247-ssec.2) In a provision of this Act, a reference to a local government is a reference to the local government that— in a provision about the mayor or another councillor—the mayor or other councillor was elected or appointed to; and in a provision about the chief executive officer or another employee—employs the chief executive officer or another employee; and in a provision about an authorised person—appointed the authorised person; and in a provision about a local government area—has jurisdiction over the local government area.\n- (a) a reference to the mayor or another councillor is a reference to the mayor or another councillor of the local government; and\n- (aa) a reference to a councillor advisor is a reference to a councillor advisor appointed by the mayor or another councillor of the local government; and\n- (b) a reference to the chief executive officer or another employee is a reference to the chief executive officer or another employee of the local government; and\n- (c) a reference to an authorised person is a reference to an authorised person appointed by the local government; and\n- (d) a reference to a local government area is a reference to the local government area of the local government.\n- (a) in a provision about the mayor or another councillor—the mayor or other councillor was elected or appointed to; and\n- (b) in a provision about the chief executive officer or another employee—employs the chief executive officer or another employee; and\n- (c) in a provision about an authorised person—appointed the authorised person; and\n- (d) in a provision about a local government area—has jurisdiction over the local government area.","sortOrder":653},{"sectionNumber":"sec.248","sectionType":"section","heading":"Evidence of local laws","content":"### sec.248 Evidence of local laws\n\nIn any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law.\nA certified copy of a local law or consolidated version of a local law is a copy that has been certified by—\nfor a local law made by a local government—the chief executive officer to be the local law or consolidated version as made by the local government; or\nfor a local law made by a joint local government—the chairperson of the joint local government to be the local law or consolidated version as made by the joint local government.\nIn any proceedings, a copy of the gazette that contains a notice of making a local law is—\nevidence of the content of the notice; and\nevidence that the local law has been properly made.\nIn any proceedings, the competence of a local government or joint local government to make a particular local law is presumed unless the matter is raised.\ns 248 amd 2012 No. 33 s 159\n(sec.248-ssec.1) In any proceedings, a certified copy of a local law or consolidated version of a local law is evidence of the content of the local law or consolidated version of the local law.\n(sec.248-ssec.2) A certified copy of a local law or consolidated version of a local law is a copy that has been certified by— for a local law made by a local government—the chief executive officer to be the local law or consolidated version as made by the local government; or for a local law made by a joint local government—the chairperson of the joint local government to be the local law or consolidated version as made by the joint local government.\n(sec.248-ssec.3) In any proceedings, a copy of the gazette that contains a notice of making a local law is— evidence of the content of the notice; and evidence that the local law has been properly made.\n(sec.248-ssec.4) In any proceedings, the competence of a local government or joint local government to make a particular local law is presumed unless the matter is raised.\n- (a) for a local law made by a local government—the chief executive officer to be the local law or consolidated version as made by the local government; or\n- (b) for a local law made by a joint local government—the chairperson of the joint local government to be the local law or consolidated version as made by the joint local government.\n- (a) evidence of the content of the notice; and\n- (b) evidence that the local law has been properly made.","sortOrder":654},{"sectionNumber":"sec.249","sectionType":"section","heading":"Evidence of proceedings","content":"### sec.249 Evidence of proceedings\n\nThis section applies to a document that—\npurports to be a copy of an entry in a record of the proceedings of—\nthe local government; or\na committee of a local government; and\npurports to have been signed at the time when the entry was made by—\nthe mayor; or\nthe chairperson of the committee; and\nis certified by the chief executive officer to be a true copy of the document.\nAlso, this section applies to a document that—\npurports to be a copy of an entry in a record of the proceedings of a joint local government; and\npurports to have been signed at the time when the entry was made by the chairperson of the joint local government; and\nis certified by the chairperson to be a true copy of the document.\nThe document is evidence—\nof the proceedings; and\nthat the proceedings were properly held.\ns 249 amd 2012 No. 33 s 160\n(sec.249-ssec.1) This section applies to a document that— purports to be a copy of an entry in a record of the proceedings of— the local government; or a committee of a local government; and purports to have been signed at the time when the entry was made by— the mayor; or the chairperson of the committee; and is certified by the chief executive officer to be a true copy of the document.\n(sec.249-ssec.2) Also, this section applies to a document that— purports to be a copy of an entry in a record of the proceedings of a joint local government; and purports to have been signed at the time when the entry was made by the chairperson of the joint local government; and is certified by the chairperson to be a true copy of the document.\n(sec.249-ssec.3) The document is evidence— of the proceedings; and that the proceedings were properly held.\n- (a) purports to be a copy of an entry in a record of the proceedings of— (i) the local government; or (ii) a committee of a local government; and\n- (i) the local government; or\n- (ii) a committee of a local government; and\n- (b) purports to have been signed at the time when the entry was made by— (i) the mayor; or (ii) the chairperson of the committee; and\n- (i) the mayor; or\n- (ii) the chairperson of the committee; and\n- (c) is certified by the chief executive officer to be a true copy of the document.\n- (i) the local government; or\n- (ii) a committee of a local government; and\n- (i) the mayor; or\n- (ii) the chairperson of the committee; and\n- (a) purports to be a copy of an entry in a record of the proceedings of a joint local government; and\n- (b) purports to have been signed at the time when the entry was made by the chairperson of the joint local government; and\n- (c) is certified by the chairperson to be a true copy of the document.\n- (a) of the proceedings; and\n- (b) that the proceedings were properly held.","sortOrder":655},{"sectionNumber":"sec.250","sectionType":"section","heading":"Evidentiary value of copies","content":"### sec.250 Evidentiary value of copies\n\nThis section applies to a copy of a document that—\npurports to be made under the authority of a local government or its mayor; and\npurports to be verified by the mayor or an employee who is authorised by the local government.\nAlso, this section applies to a copy of a document that—\npurports to be made under the authority of a joint local government or its chairperson; and\npurports to be verified by the chairperson or an employee who is authorised by the joint local government.\nThe copy of the document is evidence in any proceedings as if the copy were the original of the document.\ns 250 amd 2012 No. 33 s 161\n(sec.250-ssec.1) This section applies to a copy of a document that— purports to be made under the authority of a local government or its mayor; and purports to be verified by the mayor or an employee who is authorised by the local government.\n(sec.250-ssec.2) Also, this section applies to a copy of a document that— purports to be made under the authority of a joint local government or its chairperson; and purports to be verified by the chairperson or an employee who is authorised by the joint local government.\n(sec.250-ssec.3) The copy of the document is evidence in any proceedings as if the copy were the original of the document.\n- (a) purports to be made under the authority of a local government or its mayor; and\n- (b) purports to be verified by the mayor or an employee who is authorised by the local government.\n- (a) purports to be made under the authority of a joint local government or its chairperson; and\n- (b) purports to be verified by the chairperson or an employee who is authorised by the joint local government.","sortOrder":656},{"sectionNumber":"sec.251","sectionType":"section","heading":"Evidentiary value of certificates","content":"### sec.251 Evidentiary value of certificates\n\nThis section applies to a certificate that—\npurports to be about the state of, or a fact in, a record of the local government; and\npurports to be signed by the chief executive officer.\nAlso, this section applies to a certificate that—\npurports to be about the state of, or a fact in, a record of a joint local government; and\npurports to be signed by the chairperson of the joint local government.\nThe certificate is evidence of the matters contained in the certificate.\ns 251 amd 2012 No. 33 s 162\n(sec.251-ssec.1) This section applies to a certificate that— purports to be about the state of, or a fact in, a record of the local government; and purports to be signed by the chief executive officer.\n(sec.251-ssec.2) Also, this section applies to a certificate that— purports to be about the state of, or a fact in, a record of a joint local government; and purports to be signed by the chairperson of the joint local government.\n(sec.251-ssec.3) The certificate is evidence of the matters contained in the certificate.\n- (a) purports to be about the state of, or a fact in, a record of the local government; and\n- (b) purports to be signed by the chief executive officer.\n- (a) purports to be about the state of, or a fact in, a record of a joint local government; and\n- (b) purports to be signed by the chairperson of the joint local government.","sortOrder":657},{"sectionNumber":"sec.252","sectionType":"section","heading":"Evidence of directions given to local government or joint local government","content":"### sec.252 Evidence of directions given to local government or joint local government\n\nThis section applies to a document that—\npurports to be a direction that the Minister, or the department’s chief executive, gave to a local government or a joint local government under this Act; and\npurports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.\nThe document is evidence of—\nthe giving of the direction; and\nthe matters contained in the direction.\ns 252 amd 2012 No. 33 s 163\n(sec.252-ssec.1) This section applies to a document that— purports to be a direction that the Minister, or the department’s chief executive, gave to a local government or a joint local government under this Act; and purports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.\n(sec.252-ssec.2) The document is evidence of— the giving of the direction; and the matters contained in the direction.\n- (a) purports to be a direction that the Minister, or the department’s chief executive, gave to a local government or a joint local government under this Act; and\n- (b) purports to be certified by or for the Minister, or the department’s chief executive, to be a true copy of the direction.\n- (a) the giving of the direction; and\n- (b) the matters contained in the direction.","sortOrder":658},{"sectionNumber":"sec.253","sectionType":"section","heading":"Evidence of complainant’s knowledge of matter","content":"### sec.253 Evidence of complainant’s knowledge of matter\n\nIn a complaint starting proceedings, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of the matter.","sortOrder":659},{"sectionNumber":"sec.254","sectionType":"section","heading":"Constitution and limits of local government need not be proved","content":"### sec.254 Constitution and limits of local government need not be proved\n\nIt is not necessary for the plaintiff in any proceedings started by, for or against a local government to prove—\nthe local government’s constitution; or\nthe boundaries of the local government area; or\nthe boundaries of a division of the local government area.\n- (a) the local government’s constitution; or\n- (b) the boundaries of the local government area; or\n- (c) the boundaries of a division of the local government area.","sortOrder":660},{"sectionNumber":"ch.7-pt.5","sectionType":"part","heading":"Delegation of powers","content":"# Delegation of powers","sortOrder":661},{"sectionNumber":"sec.255","sectionType":"section","heading":"Delegation of Minister’s powers","content":"### sec.255 Delegation of Minister’s powers\n\nThe Minister may delegate the Minister’s powers under this Act, or another Local Government Act , to an appropriately qualified person.\nHowever, the Minister must not delegate a power under section 38AB , 121 , 122 or 123 .\ns 255 amd 2012 No. 33 s 192 sch\n(sec.255-ssec.1) The Minister may delegate the Minister’s powers under this Act, or another Local Government Act , to an appropriately qualified person.\n(sec.255-ssec.2) However, the Minister must not delegate a power under section 38AB , 121 , 122 or 123 .","sortOrder":662},{"sectionNumber":"sec.256","sectionType":"section","heading":"Delegation of department’s chief executive’s powers","content":"### sec.256 Delegation of department’s chief executive’s powers\n\nThe department’s chief executive may delegate the chief executive’s powers under this Act, or another Local Government Act , to an appropriately qualified person.","sortOrder":663},{"sectionNumber":"sec.257","sectionType":"section","heading":"Delegation of local government powers","content":"### sec.257 Delegation of local government powers\n\nA local government may, by resolution, delegate a power under this Act or another Act to—\nthe mayor; or\nthe chief executive officer; or\na standing committee, or joint standing committee, of the local government; or\nthe chairperson of a standing committee, or joint standing committee, of the local government; or\nanother local government, for the purposes of a joint government activity.\nHowever, a local government may only delegate a power to make a decision about an investigation or a councillor’s conduct under section 150AEA or 150AG to—\nthe mayor; or\na standing committee of the local government.\nAlso, a local government must not delegate a power that an Act states must be exercised by resolution.\nA joint standing committee , of the local government, is a committee consisting of councillors of the local government and councillors of 1 or more other local governments.\nA delegation to the chief executive officer under subsection (1) must be reviewed annually by the local government.\ns 257 amd 2010 No. 23 s 331 ; 2012 No. 33 s 164 ; 2018 No. 8 s 29 ; 2019 No. 30 s 151 ; 2023 No. 30 s 101\namd 2026 No. 5 s 109 (uncommenced amendment)\n(sec.257-ssec.1) A local government may, by resolution, delegate a power under this Act or another Act to— the mayor; or the chief executive officer; or a standing committee, or joint standing committee, of the local government; or the chairperson of a standing committee, or joint standing committee, of the local government; or another local government, for the purposes of a joint government activity.\n(sec.257-ssec.2) However, a local government may only delegate a power to make a decision about an investigation or a councillor’s conduct under section 150AEA or 150AG to— the mayor; or a standing committee of the local government.\n(sec.257-ssec.3) Also, a local government must not delegate a power that an Act states must be exercised by resolution.\n(sec.257-ssec.4) A joint standing committee , of the local government, is a committee consisting of councillors of the local government and councillors of 1 or more other local governments.\n(sec.257-ssec.5) A delegation to the chief executive officer under subsection (1) must be reviewed annually by the local government.\n- (a) the mayor; or\n- (b) the chief executive officer; or\n- (c) a standing committee, or joint standing committee, of the local government; or\n- (d) the chairperson of a standing committee, or joint standing committee, of the local government; or\n- (e) another local government, for the purposes of a joint government activity.\n- (a) the mayor; or\n- (b) a standing committee of the local government.","sortOrder":664},{"sectionNumber":"sec.257A","sectionType":"section","heading":"Delegation of joint local government’s powers","content":"### sec.257A Delegation of joint local government’s powers\n\nA joint local government may, by resolution, delegate its powers about a component local government’s area to the component local government.\nAlso, a joint local government may, by resolution, delegate its powers under this Act or another Act to—\nthe chairperson of the joint local government; or\na mayor of its component local governments; or\nthe chief executive officer of the joint local government or its component local governments; or\na committee of members of the joint local government or of councillors of its component local governments; or\nthe chairperson of a committee mentioned in paragraph (d) .\nDespite subsections (1) and (2) , a joint local government must not delegate a power that an Act states must be exercised by resolution.\ns 257A ins 2012 No. 33 s 165\n(sec.257A-ssec.1) A joint local government may, by resolution, delegate its powers about a component local government’s area to the component local government.\n(sec.257A-ssec.2) Also, a joint local government may, by resolution, delegate its powers under this Act or another Act to— the chairperson of the joint local government; or a mayor of its component local governments; or the chief executive officer of the joint local government or its component local governments; or a committee of members of the joint local government or of councillors of its component local governments; or the chairperson of a committee mentioned in paragraph (d) .\n(sec.257A-ssec.3) Despite subsections (1) and (2) , a joint local government must not delegate a power that an Act states must be exercised by resolution.\n- (a) the chairperson of the joint local government; or\n- (b) a mayor of its component local governments; or\n- (c) the chief executive officer of the joint local government or its component local governments; or\n- (d) a committee of members of the joint local government or of councillors of its component local governments; or\n- (e) the chairperson of a committee mentioned in paragraph (d) .","sortOrder":665},{"sectionNumber":"sec.258","sectionType":"section","heading":"Delegation of mayor’s powers","content":"### sec.258 Delegation of mayor’s powers\n\nA mayor may delegate the mayor’s powers to another councillor of the local government.\nHowever, the mayor must not delegate the power to give directions to the chief executive officer.\ns 258 amd 2012 No. 33 s 166 ; 2019 No. 30 s 119\n(sec.258-ssec.1) A mayor may delegate the mayor’s powers to another councillor of the local government.\n(sec.258-ssec.2) However, the mayor must not delegate the power to give directions to the chief executive officer.","sortOrder":666},{"sectionNumber":"sec.259","sectionType":"section","heading":"Delegation of chief executive officer powers","content":"### sec.259 Delegation of chief executive officer powers\n\nA chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the local government.\nHowever, the chief executive officer must not delegate the following powers—\na power delegated by the local government, if the local government has directed the chief executive officer not to further delegate the power;\na power to keep a register of interests.\ns 259 amd 2012 No. 33 s 167\n(sec.259-ssec.1) A chief executive officer may delegate the chief executive officer’s powers to an appropriately qualified employee or contractor of the local government.\n(sec.259-ssec.2) However, the chief executive officer must not delegate the following powers— a power delegated by the local government, if the local government has directed the chief executive officer not to further delegate the power; a power to keep a register of interests.\n- (a) a power delegated by the local government, if the local government has directed the chief executive officer not to further delegate the power;\n- (b) a power to keep a register of interests.","sortOrder":667},{"sectionNumber":"sec.260","sectionType":"section","heading":"Local government delegations register","content":"### sec.260 Local government delegations register\n\nThe chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation.\nThe chief executive officer must record all delegations by the local government, mayor or the chief executive officer in the register of delegations.\nThe public may inspect the register of delegations.\ns 260 amd 2010 No. 23 s 332\n(sec.260-ssec.1) The chief executive officer must establish a register of delegations that contains the particulars prescribed under a regulation.\n(sec.260-ssec.2) The chief executive officer must record all delegations by the local government, mayor or the chief executive officer in the register of delegations.\n(sec.260-ssec.3) The public may inspect the register of delegations.","sortOrder":668},{"sectionNumber":"ch.7-pt.5A","sectionType":"part","heading":"Provisions for 2020 quadrennial election","content":"# Provisions for 2020 quadrennial election","sortOrder":669},{"sectionNumber":"sec.260AA","sectionType":"section","heading":"Minister may give directions about filling vacancies in office of councillors","content":"### sec.260AA Minister may give directions about filling vacancies in office of councillors\n\nThis section applies—\nif the 2020 quadrennial election is not held in March 2020 under the Local Government Electoral Act 2001 , part 9A ; and\nuntil the day before the 2020 quadrennial election is held.\nSection 163 (2) and (5) does not apply to a local government.\nThe Minister may give a direction to the local government about whether or not a vacant office of a councillor (including the mayor) must be filled.\nIf the vacant office must be filled, the Minister may, by notice to the local government, extend the period within which the local government must fill the vacancy under section 163 (3) .\nIf the Minister extends the period under subsection (4) , the Governor in Council may appoint a qualified person under section 163 (4) to fill the vacant office only if the local government has not filled the vacancy within the extended period.\ns 260AA ins 2020 No. 11 s 16\n(sec.260AA-ssec.1) This section applies— if the 2020 quadrennial election is not held in March 2020 under the Local Government Electoral Act 2001 , part 9A ; and until the day before the 2020 quadrennial election is held.\n(sec.260AA-ssec.2) Section 163 (2) and (5) does not apply to a local government.\n(sec.260AA-ssec.3) The Minister may give a direction to the local government about whether or not a vacant office of a councillor (including the mayor) must be filled.\n(sec.260AA-ssec.4) If the vacant office must be filled, the Minister may, by notice to the local government, extend the period within which the local government must fill the vacancy under section 163 (3) .\n(sec.260AA-ssec.5) If the Minister extends the period under subsection (4) , the Governor in Council may appoint a qualified person under section 163 (4) to fill the vacant office only if the local government has not filled the vacancy within the extended period.\n- (a) if the 2020 quadrennial election is not held in March 2020 under the Local Government Electoral Act 2001 , part 9A ; and\n- (b) until the day before the 2020 quadrennial election is held.","sortOrder":670},{"sectionNumber":"sec.260AB","sectionType":"section","heading":null,"content":"### Section sec.260AB\n\ns 260AB ins 2020 No. 11 s 16\nexp 19 March 2021 (see s 260AB(4))","sortOrder":671},{"sectionNumber":"ch.7-pt.5B","sectionType":"part","heading":null,"content":"","sortOrder":672},{"sectionNumber":"sec.260AC","sectionType":"section","heading":null,"content":"### Section sec.260AC\n\ns 260AC ins 2021 No. 8 s 25\nexp 30 April 2022 (see s 260AD(4))","sortOrder":673},{"sectionNumber":"sec.260AD","sectionType":"section","heading":null,"content":"### Section sec.260AD\n\ns 260AD ins 2021 No. 8 s 25\nexp 30 April 2022 (see s 260AD(4))","sortOrder":674},{"sectionNumber":"ch.7-pt.6","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":675},{"sectionNumber":"sec.260A","sectionType":"section","heading":"Criminal history report","content":"### sec.260A Criminal history report\n\nThis section applies if the Minister is deciding whether a person is qualified to hold, or to continue to hold, the office of assessor, a member of the conduct tribunal or a commissioner of the remuneration commission.\nThe Minister may ask the police commissioner for a written report about the criminal history of the person including a brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\ns 260A prev s 260A ins 2012 No. 33 s 168\nom 2014 No. 44 s 10\npres s 260A ins 2018 No. 8 s 30\n(sec.260A-ssec.1) This section applies if the Minister is deciding whether a person is qualified to hold, or to continue to hold, the office of assessor, a member of the conduct tribunal or a commissioner of the remuneration commission.\n(sec.260A-ssec.2) The Minister may ask the police commissioner for a written report about the criminal history of the person including a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.260A-ssec.3) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.260A-ssec.4) The police commissioner must comply with the request.\n(sec.260A-ssec.5) However, the duty to comply applies only to information in the police commissioner’s possession or to which the police commissioner has access.\n(sec.260A-ssec.6) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.","sortOrder":676},{"sectionNumber":"sec.260B","sectionType":"section","heading":"New convictions must be disclosed","content":"### sec.260B New convictions must be disclosed\n\nThis section applies if a person who holds the office of the assessor, a member of the conduct tribunal or a commissioner of the remuneration commission is convicted of an indictable offence during the term of the person’s appointment.\nThe person must, unless the person has a reasonable excuse, immediately give the Minister a notice about the conviction.\nMaximum penalty—100 penalty units.\nThe notice must include the following information—\nthe existence of the conviction;\nwhen the offence was committed;\nsufficient details to identify the offence;\nthe sentence imposed on the person.\nThe Minister must ensure the notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\ns 260B prev s 260B ins 2012 No. 33 s 168\nom 2014 No. 44 s 10\npres s 260B ins 2018 No. 8 s 30\n(sec.260B-ssec.1) This section applies if a person who holds the office of the assessor, a member of the conduct tribunal or a commissioner of the remuneration commission is convicted of an indictable offence during the term of the person’s appointment.\n(sec.260B-ssec.2) The person must, unless the person has a reasonable excuse, immediately give the Minister a notice about the conviction. Maximum penalty—100 penalty units.\n(sec.260B-ssec.3) The notice must include the following information— the existence of the conviction; when the offence was committed; sufficient details to identify the offence; the sentence imposed on the person.\n(sec.260B-ssec.4) The Minister must ensure the notice is destroyed as soon as practicable after it is no longer needed for the purpose for which it was given.\n- (a) the existence of the conviction;\n- (b) when the offence was committed;\n- (c) sufficient details to identify the offence;\n- (d) the sentence imposed on the person.","sortOrder":677},{"sectionNumber":"sec.260C","sectionType":"section","heading":null,"content":"### Section sec.260C\n\ns 260C ins 2012 No. 33 s 168\nom 2014 No. 44 s 10","sortOrder":678},{"sectionNumber":"sec.260D","sectionType":"section","heading":null,"content":"### Section sec.260D\n\ns 260D ins 2012 No. 33 s 168\nom 2014 No. 44 s 10","sortOrder":679},{"sectionNumber":"sec.260E","sectionType":"section","heading":null,"content":"### Section sec.260E\n\ns 260E ins 2012 No. 33 s 168\nom 2014 No. 44 s 10","sortOrder":680},{"sectionNumber":"sec.261","sectionType":"section","heading":"Public office of a local government","content":"### sec.261 Public office of a local government\n\nA local government must keep premises for use as a public office.\nThe public office must be in, or as near as practicable to, the local government area.\n(sec.261-ssec.1) A local government must keep premises for use as a public office.\n(sec.261-ssec.2) The public office must be in, or as near as practicable to, the local government area.","sortOrder":681},{"sectionNumber":"sec.262","sectionType":"section","heading":"Powers in support of responsibilities","content":"### sec.262 Powers in support of responsibilities\n\nThis section applies if a local government is required or empowered to perform a responsibility under a Local Government Act .\nThe local government has the power to do anything that is necessary or convenient for performing the responsibilities.\nThe powers include all the powers that an individual may exercise, including for example—\npower to enter into contracts; and\npower to acquire, hold, deal with and dispose of property; and\npower to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.\ns 262 amd 2010 No. 23 s 333\n(sec.262-ssec.1) This section applies if a local government is required or empowered to perform a responsibility under a Local Government Act .\n(sec.262-ssec.2) The local government has the power to do anything that is necessary or convenient for performing the responsibilities.\n(sec.262-ssec.3) The powers include all the powers that an individual may exercise, including for example— power to enter into contracts; and power to acquire, hold, deal with and dispose of property; and power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.\n- (a) power to enter into contracts; and\n- (b) power to acquire, hold, deal with and dispose of property; and\n- (c) power to charge for a service or facility, other than a service or facility for which a cost-recovery fee may be fixed.","sortOrder":682},{"sectionNumber":"sec.263","sectionType":"section","heading":"Validity of local government proceedings","content":"### sec.263 Validity of local government proceedings\n\nThe proceedings of a local government or any of its committees, or the actions of a person acting as a councillor or member of a committee, are not invalid merely because of—\nvacancies in the membership of the local government or committee; or\na defect or irregularity in the election or appointment of any councillor or committee member; or\nthe disqualification of a councillor or committee member from acting as a councillor or committee member.\n- (a) vacancies in the membership of the local government or committee; or\n- (b) a defect or irregularity in the election or appointment of any councillor or committee member; or\n- (c) the disqualification of a councillor or committee member from acting as a councillor or committee member.","sortOrder":683},{"sectionNumber":"sec.264","sectionType":"section","heading":"Special entertainment precincts","content":"### sec.264 Special entertainment precincts\n\nThis section is about establishing a special entertainment precinct.\nA special entertainment precinct is an area in which—\namplified music that is played at premises in the area is regulated by a local law, and not by the Liquor Act 1992 ; and\nthe requirements about noise attenuation under the Planning Act apply to certain types of development in the area.\nIf a local government wants to establish a special entertainment precinct in its local government area, the local government must—\namend the local government’s planning scheme to identify the special entertainment precinct; and\nmake a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.\nHowever, a local law under this section does not apply to—\na major sports facility under the Major Sports Facilities Act 2001 ; or\nan activity that—\nis for a major event under the Major Events Act 2014 ; and\nis being carried on by, or with the approval of, the major event organiser for the major event.\ns 264 amd 2014 No. 60 s 105 sch 1\n(sec.264-ssec.1) This section is about establishing a special entertainment precinct.\n(sec.264-ssec.2) A special entertainment precinct is an area in which— amplified music that is played at premises in the area is regulated by a local law, and not by the Liquor Act 1992 ; and the requirements about noise attenuation under the Planning Act apply to certain types of development in the area.\n(sec.264-ssec.3) If a local government wants to establish a special entertainment precinct in its local government area, the local government must— amend the local government’s planning scheme to identify the special entertainment precinct; and make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.\n(sec.264-ssec.4) However, a local law under this section does not apply to— a major sports facility under the Major Sports Facilities Act 2001 ; or an activity that— is for a major event under the Major Events Act 2014 ; and is being carried on by, or with the approval of, the major event organiser for the major event.\n- (a) amplified music that is played at premises in the area is regulated by a local law, and not by the Liquor Act 1992 ; and\n- (b) the requirements about noise attenuation under the Planning Act apply to certain types of development in the area.\n- (a) amend the local government’s planning scheme to identify the special entertainment precinct; and\n- (b) make a local law to regulate noise from amplified music from premises in the special entertainment precinct, in accordance with a permit that is issued for the premises.\n- (a) a major sports facility under the Major Sports Facilities Act 2001 ; or\n- (b) an activity that— (i) is for a major event under the Major Events Act 2014 ; and (ii) is being carried on by, or with the approval of, the major event organiser for the major event.\n- (i) is for a major event under the Major Events Act 2014 ; and\n- (ii) is being carried on by, or with the approval of, the major event organiser for the major event.\n- (i) is for a major event under the Major Events Act 2014 ; and\n- (ii) is being carried on by, or with the approval of, the major event organiser for the major event.","sortOrder":684},{"sectionNumber":"sec.265","sectionType":"section","heading":"Materials in infrastructure are local government property","content":"### sec.265 Materials in infrastructure are local government property\n\nThe materials in the following things are the property of a local government—\na road constructed by or for the local government;\na road constructed by a developer because of a condition attached to a development approval under the Planning Act\nany works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government;\na floating pontoon, jetty, or wharf that is—\nconstructed by the local government; or\nunder the control of the local government.\nIf a local government, in exercising a power of the local government, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the local government.\nThis section does not apply to the materials in—\nan open drain, other than any lining of the drain; or\nthe outcome of action taken in accordance with a remedial notice under section 140 .\nFor subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the local government.\ns 265 amd 2010 No. 23 s 334 ; 2012 No. 33 s 169\n(sec.265-ssec.1) The materials in the following things are the property of a local government— a road constructed by or for the local government; a road constructed by a developer because of a condition attached to a development approval under the Planning Act any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government; a floating pontoon, jetty, or wharf that is— constructed by the local government; or under the control of the local government.\n(sec.265-ssec.2) If a local government, in exercising a power of the local government, constructs a structure or carries out any works on someone else’s land, the materials in the structure or works are the property of the local government.\n(sec.265-ssec.3) This section does not apply to the materials in— an open drain, other than any lining of the drain; or the outcome of action taken in accordance with a remedial notice under section 140 .\n(sec.265-ssec.4) For subsection (1) , it is irrelevant whether the thing mentioned in the subsection is on, over or under land that is owned by an entity other than the local government.\n- (a) a road constructed by or for the local government; Example of a road constructed for the local government— a road constructed by a developer because of a condition attached to a development approval under the Planning Act\n- (b) any works relating to a road (including gutters, stormwater drains, kerbing and channelling, for example) that are constructed by or for the local government;\n- (c) a floating pontoon, jetty, or wharf that is— (i) constructed by the local government; or (ii) under the control of the local government.\n- (i) constructed by the local government; or\n- (ii) under the control of the local government.\n- (i) constructed by the local government; or\n- (ii) under the control of the local government.\n- (a) an open drain, other than any lining of the drain; or\n- (b) the outcome of action taken in accordance with a remedial notice under section 140 .","sortOrder":685},{"sectionNumber":"sec.265A","sectionType":"section","heading":"Land registry searches free of charge","content":"### sec.265A Land registry searches free of charge\n\nThis section applies to any of the following persons—\na chief executive officer;\nan employee of a local government who is authorised by a chief executive officer;\na lawyer or other agent acting for a local government;\nan employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.\nThe person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.\ns 265A ins 2010 No. 23 s 335\n(sec.265A-ssec.1) This section applies to any of the following persons— a chief executive officer; an employee of a local government who is authorised by a chief executive officer; a lawyer or other agent acting for a local government; an employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.\n(sec.265A-ssec.2) The person may conduct searches of registers or documents about land in the land registry in accordance with the practice of the registry without payment of a fee.\n- (a) a chief executive officer;\n- (b) an employee of a local government who is authorised by a chief executive officer;\n- (c) a lawyer or other agent acting for a local government;\n- (d) an employee of a lawyer or agent mentioned in paragraph (c) who is authorised by the lawyer or agent.","sortOrder":686},{"sectionNumber":"sec.266","sectionType":"section","heading":"Approved forms","content":"### sec.266 Approved forms\n\nThe department’s chief executive may approve forms for use under this Act.","sortOrder":687},{"sectionNumber":"sec.267","sectionType":"section","heading":null,"content":"### Section sec.267\n\ns 267 om 2012 No. 33 s 170","sortOrder":688},{"sectionNumber":"sec.268","sectionType":"section","heading":"Process for administrative action complaints","content":"### sec.268 Process for administrative action complaints\n\nA local government must adopt a process for resolving administrative action complaints.\nAn administrative action complaint is a complaint that—\nis about an administrative action of a local government, including the following, for example—\na decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;\nan act, or a failure to do an act;\nthe formulation of a proposal or intention;\nthe making of a recommendation; and\nis made by an affected person.\nAn affected person is a person who is apparently directly affected by an administrative action of a local government.\nA regulation may provide for the process for resolving complaints about administrative actions of the local government by affected persons.\n(sec.268-ssec.1) A local government must adopt a process for resolving administrative action complaints.\n(sec.268-ssec.2) An administrative action complaint is a complaint that— is about an administrative action of a local government, including the following, for example— a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision; an act, or a failure to do an act; the formulation of a proposal or intention; the making of a recommendation; and is made by an affected person.\n(sec.268-ssec.3) An affected person is a person who is apparently directly affected by an administrative action of a local government.\n(sec.268-ssec.4) A regulation may provide for the process for resolving complaints about administrative actions of the local government by affected persons.\n- (a) is about an administrative action of a local government, including the following, for example— (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons 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\n- (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;\n- (ii) an act, or a failure to do an act;\n- (iii) the formulation of a proposal or intention;\n- (iv) the making of a recommendation; and\n- (b) is made by an affected person.\n- (i) a decision, or a failure to make a decision, including a failure to provide a written statement of reasons for a decision;\n- (ii) an act, or a failure to do an act;\n- (iii) the formulation of a proposal or intention;\n- (iv) the making of a recommendation; and","sortOrder":689},{"sectionNumber":"sec.268A","sectionType":"section","heading":"Advisory polls","content":"### sec.268A Advisory polls\n\nA local government may, in the way decided by the local government, conduct a voluntary poll of the electors in its area or a part of its area on any issue of concern to the area or part.\ns 268A ins 2012 No. 33 s 171","sortOrder":690},{"sectionNumber":"sec.269","sectionType":"section","heading":"Information for the Minister","content":"### sec.269 Information for the Minister\n\nThe Minister may, by notice, require a local government to give the Minister information about—\nthe local government area; or\nthe local government.\nThe local government must comply with the notice.\ns 269 amd 2018 No. 8 s 34\n(sec.269-ssec.1) The Minister may, by notice, require a local government to give the Minister information about— the local government area; or the local government.\n(sec.269-ssec.2) The local government must comply with the notice.\n- (a) the local government area; or\n- (b) the local government.","sortOrder":691},{"sectionNumber":"sec.270","sectionType":"section","heading":"Regulation-making power","content":"### sec.270 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about—\nthe processes of the conduct tribunal or remuneration commission; or\ncorporate entities; or\nreviews of, or appeals against, decisions made under this Act; or\na register of interests of the following—\ncouncillors;\nother persons who are given responsibilities to perform under this Act;\npersons who are related to a councillor or a person mentioned in subparagraph (ii) ; or\nthe recording of conflicts of interest arising from the performance of a responsibility under this Act; or\nthe regulation and management of local government assets and infrastructure; or\na levy on the railway between Cairns and Kuranda; or\na process for the scrutiny of a local government’s budget; or\nmeetings of a local government, its committees or other meetings of councillors (including informal meetings at which councillors discuss local government matters); or\nempowering a local government to make and adopt a policy about meetings mentioned in paragraph (i) , other than meetings of the local government or its committees; or\nthe financial planning and accountability of a local government, including the systems of financial management; or\nmatters relating to a joint local government (including transferring assets and liabilities between a joint local government and a component local government); or\nmatters relating to discretionary funds.\ns 270 amd 2009 No. 48 s 161 ; 2010 No. 23 s 336 ; 2012 No. 33 s 172 (2) ; 2013 No. 32 s 81 ; 2018 No. 8 s 31 ; 2019 No. 30 s 119A\n(sec.270-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.270-ssec.2) A regulation may be made about— the processes of the conduct tribunal or remuneration commission; or corporate entities; or reviews of, or appeals against, decisions made under this Act; or a register of interests of the following— councillors; other persons who are given responsibilities to perform under this Act; persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or the recording of conflicts of interest arising from the performance of a responsibility under this Act; or the regulation and management of local government assets and infrastructure; or a levy on the railway between Cairns and Kuranda; or a process for the scrutiny of a local government’s budget; or meetings of a local government, its committees or other meetings of councillors (including informal meetings at which councillors discuss local government matters); or empowering a local government to make and adopt a policy about meetings mentioned in paragraph (i) , other than meetings of the local government or its committees; or the financial planning and accountability of a local government, including the systems of financial management; or matters relating to a joint local government (including transferring assets and liabilities between a joint local government and a component local government); or matters relating to discretionary funds.\n- (a) the processes of the conduct tribunal or remuneration commission; or\n- (b) corporate entities; or\n- (c) reviews of, or appeals against, decisions made under this Act; or\n- (d) a register of interests of the following— (i) councillors; (ii) other persons who are given responsibilities to perform under this Act; (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or\n- (i) councillors;\n- (ii) other persons who are given responsibilities to perform under this Act;\n- (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or\n- (e) the recording of conflicts of interest arising from the performance of a responsibility under this Act; or\n- (f) the regulation and management of local government assets and infrastructure; or\n- (g) a levy on the railway between Cairns and Kuranda; or\n- (h) a process for the scrutiny of a local government’s budget; or\n- (i) meetings of a local government, its committees or other meetings of councillors (including informal meetings at which councillors discuss local government matters); or\n- (j) empowering a local government to make and adopt a policy about meetings mentioned in paragraph (i) , other than meetings of the local government or its committees; or\n- (k) the financial planning and accountability of a local government, including the systems of financial management; or\n- (l) matters relating to a joint local government (including transferring assets and liabilities between a joint local government and a component local government); or\n- (m) matters relating to discretionary funds.\n- (i) councillors;\n- (ii) other persons who are given responsibilities to perform under this Act;\n- (iii) persons who are related to a councillor or a person mentioned in subparagraph (ii) ; or","sortOrder":692},{"sectionNumber":"sec.270A","sectionType":"section","heading":"Regulation-making power for implementation of de-amalgamations","content":"### sec.270A Regulation-making power for implementation of de-amalgamations\n\nA de-amalgamation of a local government area is the separation of the area into different local government areas, each to be governed by its own local government.\nThe Governor in Council may implement a de-amalgamation of a local government area under a regulation.\nThe regulation may provide for anything that is necessary or convenient to facilitate the implementation of the de-amalgamation of the local government area.\nFor example, the regulation may provide for—\nholding, postponing or cancelling a local government election; or\nthe transfer of assets and liabilities from a local government to another local government; or\nthe recovery of the costs of the de-amalgamation of the local government area; or\nthe temporary continuation of a local law for the affected part of a local government area.\nA local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a de-amalgamation.\nA State tax is a tax, charge, fee or levy imposed under an Act.\ns 270A (prev s 260F) ins 2012 No. 33 s 168\namd 2013 No. 60 s 17 ; 2014 No. 44 s 11 (1) – (4)\nrenum and reloc 2014 No. 44 s 11 (5)\n(sec.270A-ssec.1) A de-amalgamation of a local government area is the separation of the area into different local government areas, each to be governed by its own local government.\n(sec.270A-ssec.2) The Governor in Council may implement a de-amalgamation of a local government area under a regulation.\n(sec.270A-ssec.3) The regulation may provide for anything that is necessary or convenient to facilitate the implementation of the de-amalgamation of the local government area.\n(sec.270A-ssec.4) For example, the regulation may provide for— holding, postponing or cancelling a local government election; or the transfer of assets and liabilities from a local government to another local government; or the recovery of the costs of the de-amalgamation of the local government area; or the temporary continuation of a local law for the affected part of a local government area.\n(sec.270A-ssec.5) A local government is not liable to pay a State tax in relation to a transfer or other arrangement made to implement a de-amalgamation.\n(sec.270A-ssec.6) A State tax is a tax, charge, fee or levy imposed under an Act.\n- (a) holding, postponing or cancelling a local government election; or\n- (b) the transfer of assets and liabilities from a local government to another local government; or\n- (c) the recovery of the costs of the de-amalgamation of the local government area; or\n- (d) the temporary continuation of a local law for the affected part of a local government area.","sortOrder":693},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Transitional provision for Revenue and Other Legislation Amendment Act 2011","content":"# Transitional provision for Revenue and Other Legislation Amendment Act 2011","sortOrder":694},{"sectionNumber":"sec.292","sectionType":"section","heading":"References to City Super etc. in industrial instruments","content":"### sec.292 References to City Super etc. in industrial instruments\n\nA reference, in an industrial instrument, to City Super or the Brisbane City Council Superannuation Plan may, if the context permits, be taken to be a reference to the LG super scheme.\ns 292 ins 2011 No. 8 s 75","sortOrder":695},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011","content":"# Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011","sortOrder":696},{"sectionNumber":"sec.293","sectionType":"section","heading":"Continuation of implementation of matters under s 282A","content":"### sec.293 Continuation of implementation of matters under s 282A\n\nThis section continues the implementation of the following limited reviewable local government matters implemented under section 282A—\na change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010;\na change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010.\nTo remove any doubt, it is declared that an action started by a former local government is taken to have been started by a current local government.\nTo remove any doubt, it is declared that the assets and public works on a relevant lot belong to the current local government.\nAny material associated with a road or bridge is an asset.\nAn existing planning scheme applies after 17 September 2010 until the current local government makes or amends a planning scheme to include the relevant lot.\nThe existing planning scheme must be implemented, administered and enforced by the current local government to the extent it relates to the relevant lot as if the existing scheme were part of a planning scheme for its local government area.\nA reference in a document about a relevant lot to a former local government may, as appropriate, be taken to be a reference to the current local government.\nIn this section—\naction means the performance of a function, or the exercise of a power, including the following—\nan application about land;\nthe amount of rate for land on a relevant lot;\na demand for payment of an amount of rate;\nany requirement under an Act.\ncurrent local government means the local government for a relevant lot immediately after 17 September 2010.\nexisting planning scheme means a planning scheme for a relevant lot made by the former local government before 17 September 2010.\nformer local government means the local government for a relevant lot immediately before 17 September 2010.\nrelevant lot means a lot, shown on a map showing the boundaries of a local government area, that was transferred from the former local government to the current local government on 17 September 2010.\ns 293 ins 2011 No. 17 s 7\n(sec.293-ssec.1) This section continues the implementation of the following limited reviewable local government matters implemented under section 282A— a change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010; a change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010.\n(sec.293-ssec.2) To remove any doubt, it is declared that an action started by a former local government is taken to have been started by a current local government.\n(sec.293-ssec.3) To remove any doubt, it is declared that the assets and public works on a relevant lot belong to the current local government. Any material associated with a road or bridge is an asset.\n(sec.293-ssec.4) An existing planning scheme applies after 17 September 2010 until the current local government makes or amends a planning scheme to include the relevant lot.\n(sec.293-ssec.5) The existing planning scheme must be implemented, administered and enforced by the current local government to the extent it relates to the relevant lot as if the existing scheme were part of a planning scheme for its local government area.\n(sec.293-ssec.6) A reference in a document about a relevant lot to a former local government may, as appropriate, be taken to be a reference to the current local government.\n(sec.293-ssec.7) In this section— action means the performance of a function, or the exercise of a power, including the following— an application about land; the amount of rate for land on a relevant lot; a demand for payment of an amount of rate; any requirement under an Act. current local government means the local government for a relevant lot immediately after 17 September 2010. existing planning scheme means a planning scheme for a relevant lot made by the former local government before 17 September 2010. former local government means the local government for a relevant lot immediately before 17 September 2010. relevant lot means a lot, shown on a map showing the boundaries of a local government area, that was transferred from the former local government to the current local government on 17 September 2010.\n- (a) a change to the external boundaries of Ipswich City Council and Scenic Rim Regional Council gazetted on 11 June 2010;\n- (b) a change to the external boundaries of Cook Shire Council and Wujal Wujal Aboriginal Shire Council gazetted on 16 July 2010.\n- (a) an application about land;\n- (b) the amount of rate for land on a relevant lot;\n- (c) a demand for payment of an amount of rate;\n- (d) any requirement under an Act.","sortOrder":697},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Transitional provision inserted under the Local Government Electoral Act 2011","content":"# Transitional provision inserted under the Local Government Electoral Act 2011","sortOrder":698},{"sectionNumber":"sec.294","sectionType":"section","heading":"Continuation of particular local laws of Torres Strait Island Regional Council","content":"### sec.294 Continuation of particular local laws of Torres Strait Island Regional Council\n\nA prescribed local law in force immediately before 1 January 2012 continues in force until the earlier of the following—\nthe local law’s repeal by the Torres Strait Island Regional Council;\nthe end of 30 September 2012.\nHowever, that Council may, by local law, amend a local law continued under subsection (1) while it continues under that subsection.\nIn this section—\nprescribed local law means any of the following local laws—\nBadu Island Council By-Law No. 2 (Law and Order);\nBoigu Island Council By-Law No. 2 (Law and Order);\nDauan Island Council By-Laws 1995;\nErub Island Council By-Laws 1995;\nHammond Island Council By-Law No. 2 (Law and Order);\nIama Island Council By-Law No. 2 (Law and Order);\nKubin Island Council By-Law No. 2 (Law and Order);\nMabuiag Island Council By-Laws 1995;\nMer Island Council By-Laws 1995;\nPoruma Island Council By-Laws 1995;\nSaibai Island Council By-Laws 1997;\nSt Pauls Island Council By-Laws 1995;\nUgar Island Council By-Laws 1997;\nWarraber Island Council By-Laws 1997;\nYorke Island Council By-Laws 1995.\ns 294 ins 2011 No. 27 s 288\n(sec.294-ssec.1) A prescribed local law in force immediately before 1 January 2012 continues in force until the earlier of the following— the local law’s repeal by the Torres Strait Island Regional Council; the end of 30 September 2012.\n(sec.294-ssec.2) However, that Council may, by local law, amend a local law continued under subsection (1) while it continues under that subsection.\n(sec.294-ssec.3) In this section— prescribed local law means any of the following local laws— Badu Island Council By-Law No. 2 (Law and Order); Boigu Island Council By-Law No. 2 (Law and Order); Dauan Island Council By-Laws 1995; Erub Island Council By-Laws 1995; Hammond Island Council By-Law No. 2 (Law and Order); Iama Island Council By-Law No. 2 (Law and Order); Kubin Island Council By-Law No. 2 (Law and Order); Mabuiag Island Council By-Laws 1995; Mer Island Council By-Laws 1995; Poruma Island Council By-Laws 1995; Saibai Island Council By-Laws 1997; St Pauls Island Council By-Laws 1995; Ugar Island Council By-Laws 1997; Warraber Island Council By-Laws 1997; Yorke Island Council By-Laws 1995.\n- (a) the local law’s repeal by the Torres Strait Island Regional Council;\n- (b) the end of 30 September 2012.\n- (a) Badu Island Council By-Law No. 2 (Law and Order);\n- (b) Boigu Island Council By-Law No. 2 (Law and Order);\n- (c) Dauan Island Council By-Laws 1995;\n- (d) Erub Island Council By-Laws 1995;\n- (e) Hammond Island Council By-Law No. 2 (Law and Order);\n- (f) Iama Island Council By-Law No. 2 (Law and Order);\n- (g) Kubin Island Council By-Law No. 2 (Law and Order);\n- (h) Mabuiag Island Council By-Laws 1995;\n- (i) Mer Island Council By-Laws 1995;\n- (j) Poruma Island Council By-Laws 1995;\n- (k) Saibai Island Council By-Laws 1997;\n- (l) St Pauls Island Council By-Laws 1995;\n- (m) Ugar Island Council By-Laws 1997;\n- (n) Warraber Island Council By-Laws 1997;\n- (o) Yorke Island Council By-Laws 1995.","sortOrder":699},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Transitional provisions for Local Government and Other Legislation Amendment Act 2012","content":"# Transitional provisions for Local Government and Other Legislation Amendment Act 2012","sortOrder":700},{"sectionNumber":"ch.9-pt.4-div.1","sectionType":"division","heading":"Transitional provisions about change of legal status","content":"## Transitional provisions about change of legal status","sortOrder":701},{"sectionNumber":"sec.295","sectionType":"section","heading":"Effect of change of legal status on existing local governments and joint local governments","content":"### sec.295 Effect of change of legal status on existing local governments and joint local governments\n\nOn the commencement, a local government in existence immediately before the commencement continues in existence as a local government, but as a body corporate.\nThe change in the local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect—\nthe local government’s assets or rights and liabilities; or\nany matter or thing done by or in relation to the local government.\nOn the commencement, a joint local government in existence immediately before the commencement continues in existence as a joint local government, but as a body corporate.\nThe change in the joint local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect—\nthe joint local government’s assets or rights and liabilities; or\nany matter or thing done by or in relation to the joint local government.\ns 295 ins 2012 No. 33 s 175\n(sec.295-ssec.1) On the commencement, a local government in existence immediately before the commencement continues in existence as a local government, but as a body corporate.\n(sec.295-ssec.2) The change in the local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect— the local government’s assets or rights and liabilities; or any matter or thing done by or in relation to the local government.\n(sec.295-ssec.3) On the commencement, a joint local government in existence immediately before the commencement continues in existence as a joint local government, but as a body corporate.\n(sec.295-ssec.4) The change in the joint local government’s constitution effected by section 11 as in force after the commencement does not, in any way, affect— the joint local government’s assets or rights and liabilities; or any matter or thing done by or in relation to the joint local government.\n- (a) the local government’s assets or rights and liabilities; or\n- (b) any matter or thing done by or in relation to the local government.\n- (a) the joint local government’s assets or rights and liabilities; or\n- (b) any matter or thing done by or in relation to the joint local government.","sortOrder":702},{"sectionNumber":"sec.296","sectionType":"section","heading":"Contractual rights etc. are unaffected","content":"### sec.296 Contractual rights etc. are unaffected\n\nWithout limiting section 295 and to remove any doubt, it is declared that the continuation of a local government under that section—\ndoes not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and\ndoes not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and\nis not taken to fulfil a condition—\nallowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or\nrequiring any amount to be paid before its stated maturity; and\ndoes not release a surety or other obligee, in whole or part, from an obligation; and\ndoes not negate any decision made by the local government.\ns 296 ins 2012 No. 33 s 175\n- (a) does not place the local government in breach of contract or otherwise make it guilty of a civil wrong; and\n- (b) does not make the local government in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability; and\n- (c) is not taken to fulfil a condition— (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or (ii) requiring any amount to be paid before its stated maturity; and\n- (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or\n- (ii) requiring any amount to be paid before its stated maturity; and\n- (d) does not release a surety or other obligee, in whole or part, from an obligation; and\n- (e) does not negate any decision made by the local government.\n- (i) allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability; or\n- (ii) requiring any amount to be paid before its stated maturity; and","sortOrder":703},{"sectionNumber":"ch.9-pt.4-div.2","sectionType":"division","heading":"Other transitional provisions","content":"## Other transitional provisions","sortOrder":704},{"sectionNumber":"sec.297","sectionType":"section","heading":"Continuation of particular provisions for corporate entities","content":"### sec.297 Continuation of particular provisions for corporate entities\n\nSee also section 302 (Exemption from continuation of particular provisions for corporate entities) and section 303 (Continuation of particular provisions of other Acts for corporate entities).\nA corporate entity is an entity that was corporatised under this Act before the commencement and to which the Corporations Act does not apply.\nA provision of this Act, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity—\nas if the provision were not amended or repealed under the Local Government and Other Legislation Amendment Act 2012 ; and\ndespite any amendment or repeal of the provision under the Local Government and Other Legislation Amendment Act 2012 .\nchapter 3, part 2, divisions 3 and 4\nsections 199, 200 and 257\nA provision of the relevant regulations, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity—\nas it was in force immediately before the commencement; and\ndespite any amendment or repeal of the provision after the commencement.\nThe relevant regulations are—\nthe Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 ; and\nthe Local Government (Finance, Plans and Reporting) Regulation 2010 ; and\nthe Local Government (Operations) Regulation 2010 .\nA provision continued under subsection (2) or (3) continues in relation to a corporate entity until the corporate entity is wound up or otherwise ceases to be corporatised under this Act.\ns 297 ins 2012 No. 33 s 175\namd 2013 No. 60 s 18\n(sec.297-ssec.1) A corporate entity is an entity that was corporatised under this Act before the commencement and to which the Corporations Act does not apply.\n(sec.297-ssec.2) A provision of this Act, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity— as if the provision were not amended or repealed under the Local Government and Other Legislation Amendment Act 2012 ; and despite any amendment or repeal of the provision under the Local Government and Other Legislation Amendment Act 2012 . chapter 3, part 2, divisions 3 and 4 sections 199, 200 and 257\n(sec.297-ssec.3) A provision of the relevant regulations, as in force immediately before the commencement, that applied in relation to a corporate entity, continues to apply in relation to the corporate entity— as it was in force immediately before the commencement; and despite any amendment or repeal of the provision after the commencement.\n(sec.297-ssec.4) The relevant regulations are— the Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 ; and the Local Government (Finance, Plans and Reporting) Regulation 2010 ; and the Local Government (Operations) Regulation 2010 .\n(sec.297-ssec.5) A provision continued under subsection (2) or (3) continues in relation to a corporate entity until the corporate entity is wound up or otherwise ceases to be corporatised under this Act.\n- (a) as if the provision were not amended or repealed under the Local Government and Other Legislation Amendment Act 2012 ; and\n- (b) despite any amendment or repeal of the provision under the Local Government and Other Legislation Amendment Act 2012 .\n- • chapter 3, part 2, divisions 3 and 4\n- • sections 199, 200 and 257\n- (a) as it was in force immediately before the commencement; and\n- (b) despite any amendment or repeal of the provision after the commencement.\n- (a) the Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 ; and\n- (b) the Local Government (Finance, Plans and Reporting) Regulation 2010 ; and\n- (c) the Local Government (Operations) Regulation 2010 .","sortOrder":705},{"sectionNumber":"sec.298","sectionType":"section","heading":"Change in dealing with complaints","content":"### sec.298 Change in dealing with complaints\n\nThis section applies if—\na local government, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and\nan entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.\nThe former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\nThe former process is chapter 6, part 2, division 6 as in force immediately before the commencement.\nTo remove any doubt, it is declared that—\nan entity dealing with the complaint must deal with the complaint under the former process; and\nany disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.\ns 298 ins 2012 No. 33 s 175\n(sec.298-ssec.1) This section applies if— a local government, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.\n(sec.298-ssec.2) The former process continues to apply in relation to the complaint despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\n(sec.298-ssec.3) The former process is chapter 6, part 2, division 6 as in force immediately before the commencement.\n(sec.298-ssec.4) To remove any doubt, it is declared that— an entity dealing with the complaint must deal with the complaint under the former process; and any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.\n- (a) a local government, or the department’s chief executive, makes or receives a complaint about the conduct or performance of a councillor before the commencement; and\n- (b) an entity had started dealing with, but had not finally dealt with, the complaint under chapter 6, part 2, division 6.\n- (a) an entity dealing with the complaint must deal with the complaint under the former process; and\n- (b) any disciplinary action taken against a councillor because of the complaint is limited to the action that may be taken under the former process.","sortOrder":706},{"sectionNumber":"sec.299","sectionType":"section","heading":"Change in process for making local laws","content":"### sec.299 Change in process for making local laws\n\nThis section applies if a local government has begun, but not completed, its process for making a local law before the commencement.\nThe local government may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\nChapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).\ns 299 ins 2012 No. 33 s 175\n(sec.299-ssec.1) This section applies if a local government has begun, but not completed, its process for making a local law before the commencement.\n(sec.299-ssec.2) The local government may continue the process for making the local law despite any amendment of this Act under the Local Government and Other Legislation Amendment Act 2012 .\n(sec.299-ssec.3) Chapter 3, part 1, as in force immediately before the commencement, continues to apply for the purpose of subsection (2).","sortOrder":707},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012","content":"# Transitional provision for South East Queensland Water (Restructuring) and Other Legislation Amendment Act 2012","sortOrder":708},{"sectionNumber":"sec.300","sectionType":"section","heading":"Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority","content":"### sec.300 Superannuation for particular LinkWater employees transferred to Queensland Bulk Water Supply Authority\n\nThis section applies if employees of LinkWater who are members of the LG super scheme are, or have been, transferred to the Queensland Bulk Water Supply Authority (the Authority ) under a regulation made under the South East Queensland Water (Restructuring) Act 2007 , section 105 .\nChapter 7, part 2 applies to the Authority and the transferred employees.\nFor applying chapter 7, part 2 to the Authority and the transferred employees—\nthe Authority is taken to be—\na local government entity in relation to transferred employees other than former BCC employees; or\nthe Brisbane City Council in relation to former BCC employees; and\na transferred employee is taken to be an eligible member; and\nif a transferred employee was, immediately before the transfer mentioned in subsection (1), a permanent employee—the transferred employee is taken to continue to be a permanent employee.\nIn this section—\nformer BCC employee means a transferred employee who was transferred to LinkWater from the Brisbane City Council under a transfer notice under the South East Queensland Water (Restructuring) Act 2007 , repealed section 67 .\nLinkWater means the Queensland Bulk Water Transport Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 .\npermanent employee means—\na permanent employee under section 219; or\na BCC permanent employee under the Local Government (Operations) Regulation 2010 , schedule 7 .\nQueensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 .\ntransferred employee means an employee mentioned in subsection (1).\ns 300 ins 2012 No. 39 s 102 sch pt 1\n(sec.300-ssec.1) This section applies if employees of LinkWater who are members of the LG super scheme are, or have been, transferred to the Queensland Bulk Water Supply Authority (the Authority ) under a regulation made under the South East Queensland Water (Restructuring) Act 2007 , section 105 .\n(sec.300-ssec.2) Chapter 7, part 2 applies to the Authority and the transferred employees.\n(sec.300-ssec.3) For applying chapter 7, part 2 to the Authority and the transferred employees— the Authority is taken to be— a local government entity in relation to transferred employees other than former BCC employees; or the Brisbane City Council in relation to former BCC employees; and a transferred employee is taken to be an eligible member; and if a transferred employee was, immediately before the transfer mentioned in subsection (1), a permanent employee—the transferred employee is taken to continue to be a permanent employee.\n(sec.300-ssec.4) In this section— former BCC employee means a transferred employee who was transferred to LinkWater from the Brisbane City Council under a transfer notice under the South East Queensland Water (Restructuring) Act 2007 , repealed section 67 . LinkWater means the Queensland Bulk Water Transport Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 . permanent employee means— a permanent employee under section 219; or a BCC permanent employee under the Local Government (Operations) Regulation 2010 , schedule 7 . Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority established under the South East Queensland Water (Restructuring) Act 2007 , section 6 . transferred employee means an employee mentioned in subsection (1).\n- (a) the Authority is taken to be— (i) a local government entity in relation to transferred employees other than former BCC employees; or (ii) the Brisbane City Council in relation to former BCC employees; and\n- (i) a local government entity in relation to transferred employees other than former BCC employees; or\n- (ii) the Brisbane City Council in relation to former BCC employees; and\n- (b) a transferred employee is taken to be an eligible member; and\n- (c) if a transferred employee was, immediately before the transfer mentioned in subsection (1), a permanent employee—the transferred employee is taken to continue to be a permanent employee.\n- (i) a local government entity in relation to transferred employees other than former BCC employees; or\n- (ii) the Brisbane City Council in relation to former BCC employees; and\n- (a) a permanent employee under section 219; or\n- (b) a BCC permanent employee under the Local Government (Operations) Regulation 2010 , schedule 7 .","sortOrder":709},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":"Transitional provision for Queensland Independent Remuneration Tribunal Act 2013","content":"# Transitional provision for Queensland Independent Remuneration Tribunal Act 2013","sortOrder":710},{"sectionNumber":"sec.301","sectionType":"section","heading":"Amendment of regulation does not affect powers of Governor in Council","content":"### sec.301 Amendment of regulation does not affect powers of Governor in Council\n\nThe amendment of the Local Government Regulation 2012 by the Queensland Independent Remuneration Tribunal Act 2013 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.\ns 301 ins 2013 No. 32 s 82","sortOrder":711},{"sectionNumber":"ch.9-pt.7","sectionType":"part","heading":"Transitional provisions for Local Government and Other Legislation Amendment Act 2013","content":"# Transitional provisions for Local Government and Other Legislation Amendment Act 2013","sortOrder":712},{"sectionNumber":"ch.9-pt.7-div.1","sectionType":"division","heading":"Former corporate entities","content":"## Former corporate entities","sortOrder":713},{"sectionNumber":"sec.302","sectionType":"section","heading":"Exemption from continuation of particular provisions for corporate entities","content":"### sec.302 Exemption from continuation of particular provisions for corporate entities\n\nThis section applies to a corporate entity mentioned in section 297(1).\nDespite section 297(3), section 72 (1) of the repealed regulation does not prevent a person being both of the following at the same time—\na director of the corporate entity;\na councillor of a local government.\nHowever—\nno more than 1 director of the corporate entity can be a councillor of a local government; and\na person who is both a director of the corporate entity and a councillor of a local government can not be the chairperson or deputy chairperson of the board of the corporate entity.\nIn this section—\nrepealed regulation means the repealed Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 as in force immediately before the commencement of section 297.\ns 302 ins 2013 No. 60 s 19\n(sec.302-ssec.1) This section applies to a corporate entity mentioned in section 297(1).\n(sec.302-ssec.2) Despite section 297(3), section 72 (1) of the repealed regulation does not prevent a person being both of the following at the same time— a director of the corporate entity; a councillor of a local government.\n(sec.302-ssec.3) However— no more than 1 director of the corporate entity can be a councillor of a local government; and a person who is both a director of the corporate entity and a councillor of a local government can not be the chairperson or deputy chairperson of the board of the corporate entity.\n(sec.302-ssec.4) In this section— repealed regulation means the repealed Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 as in force immediately before the commencement of section 297.\n- (a) a director of the corporate entity;\n- (b) a councillor of a local government.\n- (a) no more than 1 director of the corporate entity can be a councillor of a local government; and\n- (b) a person who is both a director of the corporate entity and a councillor of a local government can not be the chairperson or deputy chairperson of the board of the corporate entity.","sortOrder":714},{"sectionNumber":"sec.303","sectionType":"section","heading":"Continuation of particular provisions of other Acts for corporate entities","content":"### sec.303 Continuation of particular provisions of other Acts for corporate entities\n\nThis section applies to a corporate entity mentioned in section 297(1).\nEach of the relevant Acts, as in force immediately before the commencement of the Local Government and Other Legislation Amendment Act 2012 (the amending Act ), continues to apply in relation to the corporate entity—\nas if the Act were not amended under the amending Act; and\ndespite any amendment of the Act under the amending Act.\nIn this section—\nrelevant Act means either of the following—\nthe Judicial Review Act 1991 ;\nthe Public Interest Disclosure Act 2010 .\ns 303 ins 2013 No. 60 s 19\n(sec.303-ssec.1) This section applies to a corporate entity mentioned in section 297(1).\n(sec.303-ssec.2) Each of the relevant Acts, as in force immediately before the commencement of the Local Government and Other Legislation Amendment Act 2012 (the amending Act ), continues to apply in relation to the corporate entity— as if the Act were not amended under the amending Act; and despite any amendment of the Act under the amending Act.\n(sec.303-ssec.3) In this section— relevant Act means either of the following— the Judicial Review Act 1991 ; the Public Interest Disclosure Act 2010 .\n- (a) as if the Act were not amended under the amending Act; and\n- (b) despite any amendment of the Act under the amending Act.\n- (a) the Judicial Review Act 1991 ;\n- (b) the Public Interest Disclosure Act 2010 .","sortOrder":715},{"sectionNumber":"ch.9-pt.7-div.2","sectionType":"division","heading":"New local governments","content":"## New local governments","sortOrder":716},{"sectionNumber":"sec.304","sectionType":"section","heading":"Definition for div 2","content":"### sec.304 Definition for div 2\n\nIn this division—\nnew local government means each of the following local governments that comes into existence on 1 January 2014—\nDouglas Shire Council;\nLivingstone Shire Council;\nMareeba Shire Council;\nNoosa Shire Council.\ns 304 ins 2013 No. 60 s 19\n- (a) Douglas Shire Council;\n- (b) Livingstone Shire Council;\n- (c) Mareeba Shire Council;\n- (d) Noosa Shire Council.","sortOrder":717},{"sectionNumber":"sec.305","sectionType":"section","heading":"Meeting to approve budget and levy rates and charges for period ending 30 June 2014","content":"### sec.305 Meeting to approve budget and levy rates and charges for period ending 30 June 2014\n\nA new local government must, at a meeting of the local government—\nadopt, by resolution, a budget presented by the mayor, with or without amendment, for the period—\nstarting on 1 January 2014; and\nending on 30 June 2014; and\ndecide, by resolution, what rates and charges are to be levied for the period—\nstarting on 1 January 2014; and\nending on 30 June 2014.\nThe meeting must be held—\nbefore 1 February 2014; or\non a later day allowed by the Minister.\nSections 94(2) and 107A do not apply to a new local government for the 2013-14 financial year.\ns 305 ins 2013 No. 60 s 19\n(sec.305-ssec.1) A new local government must, at a meeting of the local government— adopt, by resolution, a budget presented by the mayor, with or without amendment, for the period— starting on 1 January 2014; and ending on 30 June 2014; and decide, by resolution, what rates and charges are to be levied for the period— starting on 1 January 2014; and ending on 30 June 2014.\n(sec.305-ssec.2) The meeting must be held— before 1 February 2014; or on a later day allowed by the Minister.\n(sec.305-ssec.3) Sections 94(2) and 107A do not apply to a new local government for the 2013-14 financial year.\n- (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\n- (i) starting on 1 January 2014; and\n- (ii) ending on 30 June 2014; and\n- (b) decide, by resolution, what rates and charges are to be levied for the period— (i) starting on 1 January 2014; and (ii) ending on 30 June 2014.\n- (i) starting on 1 January 2014; and\n- (ii) ending on 30 June 2014.\n- (i) starting on 1 January 2014; and\n- (ii) ending on 30 June 2014; and\n- (i) starting on 1 January 2014; and\n- (ii) ending on 30 June 2014.\n- (a) before 1 February 2014; or\n- (b) on a later day allowed by the Minister.","sortOrder":718},{"sectionNumber":"sec.306","sectionType":"section","heading":"Post-election meeting not required","content":"### sec.306 Post-election meeting not required\n\nSection 175 does not apply, and is taken to have never applied, to a new local government.\nHowever, a new local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor) at its first meeting after it comes into existence on 1 January 2014.\ns 306 ins 2013 No. 60 s 19\n(sec.306-ssec.1) Section 175 does not apply, and is taken to have never applied, to a new local government.\n(sec.306-ssec.2) However, a new local government must, by resolution, appoint a deputy mayor from its councillors (other than the mayor) at its first meeting after it comes into existence on 1 January 2014.","sortOrder":719},{"sectionNumber":"ch.9-pt.8","sectionType":"part","heading":"Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014","content":"# Validation provision for Sustainable Planning (Infrastructure Charges) and Other Legislation Amendment Act 2014","sortOrder":720},{"sectionNumber":"sec.307","sectionType":"section","heading":"Validation of rates charged","content":"### sec.307 Validation of rates charged\n\nIt is declared that a local government always has had, whether under this Act or a repealed Act, the power to categorise rateable land, and decide differential rates for the rateable land, in the way stated in section 94(1A).\ns 307 ins 2014 No. 36 s 55H","sortOrder":721},{"sectionNumber":"ch.9-pt.9","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":722},{"sectionNumber":"sec.308","sectionType":"section","heading":"Definitions for part","content":"### sec.308 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 308 ins 2016 No. 27 s 314","sortOrder":723},{"sectionNumber":"sec.309","sectionType":"section","heading":"Entry under existing application, permit or notice","content":"### sec.309 Entry under existing application, permit or notice\n\nThis section applies to an application, permit or notice—\nmentioned in former section 132; and\nmade or given under the repealed Planning Act .\nFormer section 132 continues to apply in relation to the application, permit or notice as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 309 ins 2016 No. 27 s 314\n(sec.309-ssec.1) This section applies to an application, permit or notice— mentioned in former section 132; and made or given under the repealed Planning Act .\n(sec.309-ssec.2) Former section 132 continues to apply in relation to the application, permit or notice as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) mentioned in former section 132; and\n- (b) made or given under the repealed Planning Act .","sortOrder":724},{"sectionNumber":"sec.310","sectionType":"section","heading":"Existing remedial notice","content":"### sec.310 Existing remedial notice\n\nThis section applies to a remedial notice—\ngiven under former section 138AA; and\nrequiring an owner or occupier of a property to take action under the repealed Planning Act .\nThe remedial notice continues to have effect as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 310 ins 2016 No. 27 s 314\n(sec.310-ssec.1) This section applies to a remedial notice— given under former section 138AA; and requiring an owner or occupier of a property to take action under the repealed Planning Act .\n(sec.310-ssec.2) The remedial notice continues to have effect as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) given under former section 138AA; and\n- (b) requiring an owner or occupier of a property to take action under the repealed Planning Act .","sortOrder":725},{"sectionNumber":"sec.311","sectionType":"section","heading":"Existing inside information","content":"### sec.311 Existing inside information\n\nThis section applies to information about any of the following ( existing inside information ) that, immediately before the commencement, was inside information, in relation to a local government, for former section 171A—\nthe exercise of a power under the repealed Planning Act by the local government, a councillor or a local government employee;\na decision, or proposed decision, under the repealed Planning Act of the local government or any of its committees;\nthe exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area;\nany legal or financial advice about the repealed Planning Act created for the local government, any of its committees or any of its corporate entities.\nFormer section 171A continues to apply in relation to the existing inside information as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 311 ins 2016 No. 27 s 314\n(sec.311-ssec.1) This section applies to information about any of the following ( existing inside information ) that, immediately before the commencement, was inside information, in relation to a local government, for former section 171A— the exercise of a power under the repealed Planning Act by the local government, a councillor or a local government employee; a decision, or proposed decision, under the repealed Planning Act of the local government or any of its committees; the exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area; any legal or financial advice about the repealed Planning Act created for the local government, any of its committees or any of its corporate entities.\n(sec.311-ssec.2) Former section 171A continues to apply in relation to the existing inside information as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) the exercise of a power under the repealed Planning Act by the local government, a councillor or a local government employee;\n- (b) a decision, or proposed decision, under the repealed Planning Act of the local government or any of its committees;\n- (c) the exercise of a power under the repealed Planning Act by the State, a Minister, a statutory body or an employee of the State or statutory body, that affects the local government, any of its corporate entities or land or infrastructure within the local government’s area;\n- (d) any legal or financial advice about the repealed Planning Act created for the local government, any of its committees or any of its corporate entities.","sortOrder":726},{"sectionNumber":"sec.312","sectionType":"section","heading":"Existing unpaid fine—where fine to be paid to","content":"### sec.312 Existing unpaid fine—where fine to be paid to\n\nThis section applies to a fine mentioned in former section 246 that—\nis unpaid; and\nwas imposed in proceedings brought by a local government for an offence against the repealed Planning Act .\nFormer section 246(2) continues to apply in relation to the fine as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\ns 312 ins 2016 No. 27 s 314\n(sec.312-ssec.1) This section applies to a fine mentioned in former section 246 that— is unpaid; and was imposed in proceedings brought by a local government for an offence against the repealed Planning Act .\n(sec.312-ssec.2) Former section 246(2) continues to apply in relation to the fine as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n- (a) is unpaid; and\n- (b) was imposed in proceedings brought by a local government for an offence against the repealed Planning Act .","sortOrder":727},{"sectionNumber":"ch.9-pt.10","sectionType":"part","heading":"Transitional provisions for Revenue and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Revenue and Other Legislation Amendment Act 2016","sortOrder":728},{"sectionNumber":"sec.313","sectionType":"section","heading":"Change in name of board and scheme","content":"### sec.313 Change in name of board and scheme\n\nTo remove any doubt, it is declared that—\nthe amendment of section 208 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the board mentioned in the section and does not establish a new board; and\nthe amendment of section 217 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme.\nFrom the commencement, if the context permits—\na reference in a document to the Queensland Local Government Superannuation Board under the 1993 Act or this Act is taken to be a reference to LGIAsuper Trustee; and\na reference in a document to the Local Government Superannuation Scheme under the 1993 Act or this Act, or to the LG super scheme, is taken to be a reference to LGIAsuper; and\na reference in an industrial instrument to City Super or the Brisbane City Council Superannuation Plan is taken to be a reference to LGIAsuper.\ns 313 ins 2016 No. 64 s 36\n(sec.313-ssec.1) To remove any doubt, it is declared that— the amendment of section 208 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the board mentioned in the section and does not establish a new board; and the amendment of section 217 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme.\n(sec.313-ssec.2) From the commencement, if the context permits— a reference in a document to the Queensland Local Government Superannuation Board under the 1993 Act or this Act is taken to be a reference to LGIAsuper Trustee; and a reference in a document to the Local Government Superannuation Scheme under the 1993 Act or this Act, or to the LG super scheme, is taken to be a reference to LGIAsuper; and a reference in an industrial instrument to City Super or the Brisbane City Council Superannuation Plan is taken to be a reference to LGIAsuper.\n- (a) the amendment of section 208 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the board mentioned in the section and does not establish a new board; and\n- (b) the amendment of section 217 by the Revenue and Other Legislation Amendment Act 2016 has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme.\n- (a) a reference in a document to the Queensland Local Government Superannuation Board under the 1993 Act or this Act is taken to be a reference to LGIAsuper Trustee; and\n- (b) a reference in a document to the Local Government Superannuation Scheme under the 1993 Act or this Act, or to the LG super scheme, is taken to be a reference to LGIAsuper; and\n- (c) a reference in an industrial instrument to City Super or the Brisbane City Council Superannuation Plan is taken to be a reference to LGIAsuper.","sortOrder":729},{"sectionNumber":"sec.314","sectionType":"section","heading":"Existing membership and entitlements","content":"### sec.314 Existing membership and entitlements\n\nThe amendment of this Act by the Revenue and Other Legislation Amendment Act 2016 does not affect—\nthe membership of a current member; or\nany entitlement the member accrued under this Act before the commencement.\nIn this section—\ncurrent member means a person who, immediately before the commencement, was a member of LGIAsuper.\ns 314 ins 2016 No. 64 s 36\n(sec.314-ssec.1) The amendment of this Act by the Revenue and Other Legislation Amendment Act 2016 does not affect— the membership of a current member; or any entitlement the member accrued under this Act before the commencement.\n(sec.314-ssec.2) In this section— current member means a person who, immediately before the commencement, was a member of LGIAsuper.\n- (a) the membership of a current member; or\n- (b) any entitlement the member accrued under this Act before the commencement.","sortOrder":730},{"sectionNumber":"ch.9-pt.11","sectionType":"part","heading":"Validation provision for particular rates and charges","content":"# Validation provision for particular rates and charges","sortOrder":731},{"sectionNumber":"sec.315","sectionType":"section","heading":"Validation of rates and charges","content":"### sec.315 Validation of rates and charges\n\nThis section applies to a rate or charge—\nlevied or to be levied by a local government under this Act, or levied by a local government under a repealed Act, for a financial year up to and including the financial year ending 30 June 2018; and\nthat was not decided to be levied by resolution of the local government at the local government’s budget meeting for the financial year under this Act or a repealed Act.\nIt is declared that the rate or charge is taken to be, and to always have been, as validly levied by the local government as it would have been if the local government had decided to levy the rate or charge by resolution at the local government’s budget meeting for the financial year under this Act or a repealed Act.\nIt is also declared that anything done, or to be done, in relation to the rate or charge is as valid as it would have been or would be if the local government had decided to levy the rate or charge by resolution at the local government’s budget meeting for the financial year under this Act or a repealed Act.\nthe bringing by a local government of proceedings against a person\nthe sale of land, or the taking of steps preparatory to the sale of land, by a local government\nthe acquisition of land, or the taking of steps preparatory to the acquisition of land, by a local government\nthe charging of interest on the rate or charge\nIn this section—\nrepealed Act means the repealed Local Government Act 1936 or the repealed Local Government Act 1993 .\ns 315 ins 2018 No. 4 s 5\n(sec.315-ssec.1) This section applies to a rate or charge— levied or to be levied by a local government under this Act, or levied by a local government under a repealed Act, for a financial year up to and including the financial year ending 30 June 2018; and that was not decided to be levied by resolution of the local government at the local government’s budget meeting for the financial year under this Act or a repealed Act.\n(sec.315-ssec.2) It is declared that the rate or charge is taken to be, and to always have been, as validly levied by the local government as it would have been if the local government had decided to levy the rate or charge by resolution at the local government’s budget meeting for the financial year under this Act or a repealed Act.\n(sec.315-ssec.3) It is also declared that anything done, or to be done, in relation to the rate or charge is as valid as it would have been or would be if the local government had decided to levy the rate or charge by resolution at the local government’s budget meeting for the financial year under this Act or a repealed Act. the bringing by a local government of proceedings against a person the sale of land, or the taking of steps preparatory to the sale of land, by a local government the acquisition of land, or the taking of steps preparatory to the acquisition of land, by a local government the charging of interest on the rate or charge\n(sec.315-ssec.4) In this section— repealed Act means the repealed Local Government Act 1936 or the repealed Local Government Act 1993 .\n- (a) levied or to be levied by a local government under this Act, or levied by a local government under a repealed Act, for a financial year up to and including the financial year ending 30 June 2018; and\n- (b) that was not decided to be levied by resolution of the local government at the local government’s budget meeting for the financial year under this Act or a repealed Act.\n- • the bringing by a local government of proceedings against a person\n- • the sale of land, or the taking of steps preparatory to the sale of land, by a local government\n- • the acquisition of land, or the taking of steps preparatory to the acquisition of land, by a local government\n- • the charging of interest on the rate or charge","sortOrder":732},{"sectionNumber":"ch.9-pt.12","sectionType":"part","heading":"Transitional provisions for Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018","sortOrder":733},{"sectionNumber":"sec.316","sectionType":"section","heading":"Definitions for pt 12","content":"### sec.316 Definitions for pt 12\n\nIn this part—\nassessed , in relation to a complaint about the conduct or performance of a councillor, means—\na preliminary assessment of the complaint was conducted under former section 176B; or\nthe department’s chief executive decided, under former section 177, that the complaint is about inappropriate conduct or misconduct.\nexisting complaint means a complaint about the conduct or performance of a councillor made to any of the following entities before the commencement—\nthe local government;\nthe department’s chief executive;\nthe mayor of the local government;\nthe chief executive officer of the local government.\nformer , for a provision of this Act, means as in force immediately before the commencement of the section in which the provision is mentioned.\nlocal government official see section 150R(3).\nSection 150R(3) was renumbered as section 150R(4) by the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 .\ns 316 ins 2018 No. 8 s 32\namd 2019 No. 30 s 119B\n- (a) a preliminary assessment of the complaint was conducted under former section 176B; or\n- (b) the department’s chief executive decided, under former section 177, that the complaint is about inappropriate conduct or misconduct.\n- (a) the local government;\n- (b) the department’s chief executive;\n- (c) the mayor of the local government;\n- (d) the chief executive officer of the local government.","sortOrder":734},{"sectionNumber":"sec.317","sectionType":"section","heading":"Existing complaints not assessed","content":"### sec.317 Existing complaints not assessed\n\nThis section applies if, immediately before the commencement, an existing complaint about a councillor’s conduct had not been assessed.\nThe assessor must deal with the existing complaint under chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A.\nAn entity holding information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\nThis section is subject to section 322.\ns 317 ins 2018 No. 8 s 32\n(sec.317-ssec.1) This section applies if, immediately before the commencement, an existing complaint about a councillor’s conduct had not been assessed.\n(sec.317-ssec.2) The assessor must deal with the existing complaint under chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A.\n(sec.317-ssec.3) An entity holding information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\n(sec.317-ssec.4) This section is subject to section 322.","sortOrder":735},{"sectionNumber":"sec.318","sectionType":"section","heading":"Existing inappropriate conduct complaints","content":"### sec.318 Existing inappropriate conduct complaints\n\nThis section applies if, immediately before the commencement—\nan existing complaint about a councillor was assessed as being about inappropriate conduct; and\na final decision dealing with the complaint had not been made.\nFormer chapter 6, part 2, division 6 continues to apply in relation to the existing complaint as if the provisions had not been repealed by the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 .\nThis section applies despite section 322.\ns 318 ins 2018 No. 8 s 32\n(sec.318-ssec.1) This section applies if, immediately before the commencement— an existing complaint about a councillor was assessed as being about inappropriate conduct; and a final decision dealing with the complaint had not been made.\n(sec.318-ssec.2) Former chapter 6, part 2, division 6 continues to apply in relation to the existing complaint as if the provisions had not been repealed by the Local Government (Councillor Complaints) and Other Legislation Amendment Act 2018 .\n(sec.318-ssec.3) This section applies despite section 322.\n- (a) an existing complaint about a councillor was assessed as being about inappropriate conduct; and\n- (b) a final decision dealing with the complaint had not been made.","sortOrder":736},{"sectionNumber":"sec.319","sectionType":"section","heading":"Existing misconduct complaints","content":"### sec.319 Existing misconduct complaints\n\nThis section applies if, immediately before the commencement—\nan existing complaint about a councillor was assessed to be about misconduct; and\na final decision dealing with the complaint had not been made.\nThe assessor must deal with the existing complaint under chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A.\nAn entity holding relevant information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\nThis section is subject to section 322.\ns 319 ins 2018 No. 8 s 32\n(sec.319-ssec.1) This section applies if, immediately before the commencement— an existing complaint about a councillor was assessed to be about misconduct; and a final decision dealing with the complaint had not been made.\n(sec.319-ssec.2) The assessor must deal with the existing complaint under chapter 5A as if the existing complaint was made or referred to the assessor under chapter 5A.\n(sec.319-ssec.3) An entity holding relevant information relating to the existing complaint must, as soon as practicable after the commencement, give the information to the assessor.\n(sec.319-ssec.4) This section is subject to section 322.\n- (a) an existing complaint about a councillor was assessed to be about misconduct; and\n- (b) a final decision dealing with the complaint had not been made.","sortOrder":737},{"sectionNumber":"sec.320","sectionType":"section","heading":"Existing orders taken into account","content":"### sec.320 Existing orders taken into account\n\nThis section applies if, before the commencement—\nan order was made against a councillor under section 180 or 181 as in force from time to time before the commencement; and\nthe order is substantially the same as an order that may be made under chapter 5A.\nThe order may be taken into account for the following purposes—\nthe local government or a local government official deciding whether—\nto notify the assessor about a councillor’s conduct under chapter 5A, part 3, division 3; or\nto give information about a councillor’s conduct to the assessor under section 150AF;\nthe assessor deciding how to deal with the conduct of a councillor, or a complaint about the conduct of a councillor, under section 150W;\nthe local government or conduct tribunal deciding what action to take in relation to any inappropriate conduct or misconduct of the councillor.\ns 320 ins 2018 No. 8 s 32\n(sec.320-ssec.1) This section applies if, before the commencement— an order was made against a councillor under section 180 or 181 as in force from time to time before the commencement; and the order is substantially the same as an order that may be made under chapter 5A.\n(sec.320-ssec.2) The order may be taken into account for the following purposes— the local government or a local government official deciding whether— to notify the assessor about a councillor’s conduct under chapter 5A, part 3, division 3; or to give information about a councillor’s conduct to the assessor under section 150AF; the assessor deciding how to deal with the conduct of a councillor, or a complaint about the conduct of a councillor, under section 150W; the local government or conduct tribunal deciding what action to take in relation to any inappropriate conduct or misconduct of the councillor.\n- (a) an order was made against a councillor under section 180 or 181 as in force from time to time before the commencement; and\n- (b) the order is substantially the same as an order that may be made under chapter 5A.\n- (a) the local government or a local government official deciding whether— (i) to notify the assessor about a councillor’s conduct under chapter 5A, part 3, division 3; or (ii) to give information about a councillor’s conduct to the assessor under section 150AF;\n- (i) to notify the assessor about a councillor’s conduct under chapter 5A, part 3, division 3; or\n- (ii) to give information about a councillor’s conduct to the assessor under section 150AF;\n- (b) the assessor deciding how to deal with the conduct of a councillor, or a complaint about the conduct of a councillor, under section 150W;\n- (c) the local government or conduct tribunal deciding what action to take in relation to any inappropriate conduct or misconduct of the councillor.\n- (i) to notify the assessor about a councillor’s conduct under chapter 5A, part 3, division 3; or\n- (ii) to give information about a councillor’s conduct to the assessor under section 150AF;","sortOrder":738},{"sectionNumber":"sec.321","sectionType":"section","heading":"Existing recommendations continue","content":"### sec.321 Existing recommendations continue\n\nThis section applies if—\nbefore the commencement, the Local Government Remuneration and Discipline Tribunal had recommended the suspension or dismissal of a councillor to the Minister under former section 180; and\nimmediately before the commencement, the Minister had not considered or made a decision in relation to the recommendation.\nFor sections 120, 122 and 123, the recommendation is taken to be a recommendation made by the conduct tribunal under section 150AR.\ns 321 ins 2018 No. 8 s 32\n(sec.321-ssec.1) This section applies if— before the commencement, the Local Government Remuneration and Discipline Tribunal had recommended the suspension or dismissal of a councillor to the Minister under former section 180; and immediately before the commencement, the Minister had not considered or made a decision in relation to the recommendation.\n(sec.321-ssec.2) For sections 120, 122 and 123, the recommendation is taken to be a recommendation made by the conduct tribunal under section 150AR.\n- (a) before the commencement, the Local Government Remuneration and Discipline Tribunal had recommended the suspension or dismissal of a councillor to the Minister under former section 180; and\n- (b) immediately before the commencement, the Minister had not considered or made a decision in relation to the recommendation.","sortOrder":739},{"sectionNumber":"sec.322","sectionType":"section","heading":"Dealing with particular pre-commencement complaints or conduct","content":"### sec.322 Dealing with particular pre-commencement complaints or conduct\n\nThis section applies in relation to conduct engaged in by a councillor before the commencement, including conduct that is the subject of an existing complaint mentioned in section 317(1) or 319(1).\nIn deciding how to deal with the conduct, the assessor, a local government official, the local government and the conduct tribunal must—\napply the former conduct definitions to the conduct; and\nif the conduct is referred to the local government—only make an order that is substantially the same as an order that could have been made under former section 181; and\nif the conduct is referred to the conduct tribunal—only make an order that is substantially the same as an order that could have been made under former section 180.\nTo remove any doubt, it is declared that chapter 5A otherwise applies in relation to an order mentioned in subsection (2).\nIn this section—\nformer conduct definitions means—\nthe definition of misconduct under former section 176(3); and\nthe definition of inappropriate conduct under former section 176(4); and\nthe qualification of those definitions under former section 177A(5) and (6); and\nthe extension of the definition of misconduct under former section 181(3) and (4).\ns 322 ins 2018 No. 8 s 32\n(sec.322-ssec.1) This section applies in relation to conduct engaged in by a councillor before the commencement, including conduct that is the subject of an existing complaint mentioned in section 317(1) or 319(1).\n(sec.322-ssec.2) In deciding how to deal with the conduct, the assessor, a local government official, the local government and the conduct tribunal must— apply the former conduct definitions to the conduct; and if the conduct is referred to the local government—only make an order that is substantially the same as an order that could have been made under former section 181; and if the conduct is referred to the conduct tribunal—only make an order that is substantially the same as an order that could have been made under former section 180.\n(sec.322-ssec.3) To remove any doubt, it is declared that chapter 5A otherwise applies in relation to an order mentioned in subsection (2).\n(sec.322-ssec.4) In this section— former conduct definitions means— the definition of misconduct under former section 176(3); and the definition of inappropriate conduct under former section 176(4); and the qualification of those definitions under former section 177A(5) and (6); and the extension of the definition of misconduct under former section 181(3) and (4).\n- (a) apply the former conduct definitions to the conduct; and\n- (b) if the conduct is referred to the local government—only make an order that is substantially the same as an order that could have been made under former section 181; and\n- (c) if the conduct is referred to the conduct tribunal—only make an order that is substantially the same as an order that could have been made under former section 180.\n- (a) the definition of misconduct under former section 176(3); and\n- (b) the definition of inappropriate conduct under former section 176(4); and\n- (c) the qualification of those definitions under former section 177A(5) and (6); and\n- (d) the extension of the definition of misconduct under former section 181(3) and (4).","sortOrder":740},{"sectionNumber":"sec.323","sectionType":"section","heading":"Model procedures apply until procedures adopted","content":"### sec.323 Model procedures apply until procedures adopted\n\nIf, immediately before the commencement, a local government has not adopted the model procedures or other procedures under section 150G, on the commencement the local government is taken to have adopted the model procedures.\nSubsection (1) applies until the local government adopts the model procedures or other procedures under section 150G.\ns 323 ins 2018 No. 8 s 32\n(sec.323-ssec.1) If, immediately before the commencement, a local government has not adopted the model procedures or other procedures under section 150G, on the commencement the local government is taken to have adopted the model procedures.\n(sec.323-ssec.2) Subsection (1) applies until the local government adopts the model procedures or other procedures under section 150G.","sortOrder":741},{"sectionNumber":"sec.324","sectionType":"section","heading":"Process if no investigation policy","content":"### sec.324 Process if no investigation policy\n\nThis section applies if, on or after the commencement—\na local government is required to deal with the inappropriate conduct of a councillor under chapter 5A, part 3, division 5; and\nthe local government has not adopted an investigation policy under section 150AE.\nThe local government must decide, by resolution, the procedure for investigating the conduct.\nHowever, subsections (4) and (5) apply if the assessor has recommended, under section 150AC(3), how the conduct may be dealt with.\nThe local government must follow the process recommended by the assessor or decide, by resolution, to deal with the complaint in another way.\nThe local government must state the reasons for its decision in the resolution.\ns 324 ins 2018 No. 8 s 32\n(sec.324-ssec.1) This section applies if, on or after the commencement— a local government is required to deal with the inappropriate conduct of a councillor under chapter 5A, part 3, division 5; and the local government has not adopted an investigation policy under section 150AE.\n(sec.324-ssec.2) The local government must decide, by resolution, the procedure for investigating the conduct.\n(sec.324-ssec.3) However, subsections (4) and (5) apply if the assessor has recommended, under section 150AC(3), how the conduct may be dealt with.\n(sec.324-ssec.4) The local government must follow the process recommended by the assessor or decide, by resolution, to deal with the complaint in another way.\n(sec.324-ssec.5) The local government must state the reasons for its decision in the resolution.\n- (a) a local government is required to deal with the inappropriate conduct of a councillor under chapter 5A, part 3, division 5; and\n- (b) the local government has not adopted an investigation policy under section 150AE.","sortOrder":742},{"sectionNumber":"ch.9-pt.13","sectionType":"part","heading":"Transitional provisions for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018","content":"# Transitional provisions for Local Government Electoral (Implementing Stage 1 of Belcarra) and Other Legislation Amendment Act 2018","sortOrder":743},{"sectionNumber":"sec.325","sectionType":"section","heading":"Disqualifying offence committed before commencement","content":"### sec.325 Disqualifying offence committed before commencement\n\nChapter 6, part 2, as in force after the commencement, applies in relation to a disqualifying offence, whether the act or omission constituting the offence was committed before or after the commencement.\ns 325 ins 2018 No. 9 s 25B","sortOrder":744},{"sectionNumber":"sec.326","sectionType":"section","heading":"Existing charge for disqualifying offence","content":"### sec.326 Existing charge for disqualifying offence\n\nThis section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.\nThe councillor is automatically suspended as a councillor on the commencement.\nChapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 182A.\nImmediately after the commencement, the councillor must give a notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor of the local government—the mayor;\nthe chief executive officer of the local government.\nMaximum penalty—100 penalty units.\nFor subsection (4), the notice must state—\nthe provision of the law against which the councillor was charged; and\nthe day the councillor was charged.\nThe information contained in the notice is taken to be criminal history information for section 182G.\ns 326 ins 2018 No. 9 s 25B\n(sec.326-ssec.1) This section applies if a proceeding for a disqualifying offence against a councillor had started before the commencement but has not ended.\n(sec.326-ssec.2) The councillor is automatically suspended as a councillor on the commencement.\n(sec.326-ssec.3) Chapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 182A.\n(sec.326-ssec.4) Immediately after the commencement, the councillor must give a notice that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor of the local government—the mayor; the chief executive officer of the local government. Maximum penalty—100 penalty units.\n(sec.326-ssec.5) For subsection (4), the notice must state— the provision of the law against which the councillor was charged; and the day the councillor was charged.\n(sec.326-ssec.6) The information contained in the notice is taken to be criminal history information for section 182G.\n- (a) the Minister;\n- (b) if the councillor is not the mayor of the local government—the mayor;\n- (c) the chief executive officer of the local government.\n- (a) the provision of the law against which the councillor was charged; and\n- (b) the day the councillor was charged.","sortOrder":745},{"sectionNumber":"sec.327","sectionType":"section","heading":"Existing conviction for new disqualifying offence","content":"### sec.327 Existing conviction for new disqualifying offence\n\nThis section applies if—\nbefore the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\non the commencement, the disqualifying period for the offence would not have ended.\nThe councillor automatically stops being a councillor on the commencement.\nImmediately after the commencement, the councillor must give a notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor of the local government—the mayor;\nthe chief executive officer of the local government.\nMaximum penalty—100 penalty units.\nFor subsection (3), the notice must state—\nthe provision of the law against which the councillor was convicted; and\nthe day the councillor was convicted.\nSection 153(7) applies in relation to the offence.\nThe information contained in the notice is taken to be criminal history information for section 182G.\nIn this section—\nconviction includes a spent conviction.\ndisqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.\nnew disqualifying offence means an offence that, under section 153—\nis a disqualifying offence after the commencement; but\nwas not a disqualifying offence before the commencement.\ns 327 ins 2018 No. 9 s 25B\n(sec.327-ssec.1) This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended.\n(sec.327-ssec.2) The councillor automatically stops being a councillor on the commencement.\n(sec.327-ssec.3) Immediately after the commencement, the councillor must give a notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor of the local government—the mayor; the chief executive officer of the local government. Maximum penalty—100 penalty units.\n(sec.327-ssec.4) For subsection (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted.\n(sec.327-ssec.5) Section 153(7) applies in relation to the offence.\n(sec.327-ssec.6) The information contained in the notice is taken to be criminal history information for section 182G.\n(sec.327-ssec.7) In this section— conviction includes a spent conviction. disqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor. new disqualifying offence means an offence that, under section 153— is a disqualifying offence after the commencement; but was not a disqualifying offence before the commencement.\n- (a) before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\n- (b) on the commencement, the disqualifying period for the offence would not have ended.\n- (a) the Minister;\n- (b) if the councillor is not the mayor of the local government—the mayor;\n- (c) the chief executive officer of the local government.\n- (a) the provision of the law against which the councillor was convicted; and\n- (b) the day the councillor was convicted.\n- (a) is a disqualifying offence after the commencement; but\n- (b) was not a disqualifying offence before the commencement.","sortOrder":746},{"sectionNumber":"ch.9-pt.14","sectionType":"part","heading":"Transitional provisions for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019","sortOrder":747},{"sectionNumber":"ch.9-pt.14-div.1","sectionType":"division","heading":"Transitional provisions for new disqualifying offences","content":"## Transitional provisions for new disqualifying offences","sortOrder":748},{"sectionNumber":"sec.328","sectionType":"section","heading":"Definitions for division","content":"### sec.328 Definitions for division\n\nIn this division—\namending provision means a provision of the Local Government Electoral (Implementing Stage 2 of Belcarra) and Other Legislation Amendment Act 2019 that amends section 153 or schedule 1.\nnew disqualifying offence means an offence that—\nis a disqualifying offence after the commencement of an amending provision; but\nwas not a disqualifying offence before the amending provision commenced.\ns 328 ins 2019 No. 30 s 120\n- (a) is a disqualifying offence after the commencement of an amending provision; but\n- (b) was not a disqualifying offence before the amending provision commenced.","sortOrder":749},{"sectionNumber":"sec.329","sectionType":"section","heading":"New disqualifying offence committed before commencement","content":"### sec.329 New disqualifying offence committed before commencement\n\nChapter 6, part 2 applies in relation to a new disqualifying offence, even if the act or omission constituting the offence was committed before the commencement.\ns 329 ins 2019 No. 30 s 120","sortOrder":750},{"sectionNumber":"sec.330","sectionType":"section","heading":"Existing charge for new disqualifying offence","content":"### sec.330 Existing charge for new disqualifying offence\n\nThis section applies if a proceeding for a new disqualifying offence against a councillor had started before the commencement but has not ended.\nThe councillor is automatically suspended as a councillor on the commencement.\nChapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 175K.\nImmediately after the commencement, the councillor must give a written notice about the proceeding for the new disqualifying offence that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer;\nMaximum penalty—100 penalty units.\nFor subsection (4), the notice must state—\nthe provision of the law to which the proceeding for the new disqualifying offence relates; and\nthe day the councillor was charged with the offence.\nThe notice is taken to be a notice mentioned in section 175P(1)(a).\nThe information contained in the notice is taken to be criminal history information for section 175Q.\ns 330 ins 2019 No. 30 s 120\n(sec.330-ssec.1) This section applies if a proceeding for a new disqualifying offence against a councillor had started before the commencement but has not ended.\n(sec.330-ssec.2) The councillor is automatically suspended as a councillor on the commencement.\n(sec.330-ssec.3) Chapter 6, part 2, division 7 applies in relation to the councillor as if the councillor was suspended under section 175K.\n(sec.330-ssec.4) Immediately after the commencement, the councillor must give a written notice about the proceeding for the new disqualifying offence that complies with subsection (5) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer; Maximum penalty—100 penalty units.\n(sec.330-ssec.5) For subsection (4), the notice must state— the provision of the law to which the proceeding for the new disqualifying offence relates; and the day the councillor was charged with the offence.\n(sec.330-ssec.6) The notice is taken to be a notice mentioned in section 175P(1)(a).\n(sec.330-ssec.7) The information contained in the notice is taken to be criminal history information for section 175Q.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer;\n- (a) the provision of the law to which the proceeding for the new disqualifying offence relates; and\n- (b) the day the councillor was charged with the offence.","sortOrder":751},{"sectionNumber":"sec.331","sectionType":"section","heading":"Existing conviction for new disqualifying offence","content":"### sec.331 Existing conviction for new disqualifying offence\n\nThis section applies if—\nbefore the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\non the commencement, the disqualifying period for the offence would not have ended.\nThe councillor automatically stops being a councillor on the commencement.\nImmediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse—\nthe Minister;\nif the councillor is not the mayor—the mayor;\nthe chief executive officer.\nMaximum penalty—100 penalty units.\nFor subsection (3), the notice must state—\nthe provision of the law against which the councillor was convicted; and\nthe day the councillor was convicted.\nSection 153(7) applies in relation to the offence.\nThe notice is taken to be a notice mentioned in section 175P(1)(a).\nThe information contained in the notice is taken to be criminal history information for section 175Q.\nIn this section—\nconviction includes a spent conviction.\ndisqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.\ns 331 ins 2019 No. 30 s 120\n(sec.331-ssec.1) This section applies if— before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and on the commencement, the disqualifying period for the offence would not have ended.\n(sec.331-ssec.2) The councillor automatically stops being a councillor on the commencement.\n(sec.331-ssec.3) Immediately after the commencement, the councillor must give a written notice that complies with subsection (4) to each of the following, unless the councillor has a reasonable excuse— the Minister; if the councillor is not the mayor—the mayor; the chief executive officer. Maximum penalty—100 penalty units.\n(sec.331-ssec.4) For subsection (3), the notice must state— the provision of the law against which the councillor was convicted; and the day the councillor was convicted.\n(sec.331-ssec.5) Section 153(7) applies in relation to the offence.\n(sec.331-ssec.6) The notice is taken to be a notice mentioned in section 175P(1)(a).\n(sec.331-ssec.7) The information contained in the notice is taken to be criminal history information for section 175Q.\n(sec.331-ssec.8) In this section— conviction includes a spent conviction. disqualifying period , for a new disqualifying offence, means the period stated in section 153(1) during which a person convicted of the offence can not be a councillor.\n- (a) before the commencement, a councillor was convicted of an offence that is a new disqualifying offence; and\n- (b) on the commencement, the disqualifying period for the offence would not have ended.\n- (a) the Minister;\n- (b) if the councillor is not the mayor—the mayor;\n- (c) the chief executive officer.\n- (a) the provision of the law against which the councillor was convicted; and\n- (b) the day the councillor was convicted.","sortOrder":752},{"sectionNumber":"ch.9-pt.14-div.2","sectionType":"division","heading":"Other transitional provision commencing on assent","content":"## Other transitional provision commencing on assent","sortOrder":753},{"sectionNumber":"sec.332","sectionType":"section","heading":"Existing senior executive employees","content":"### sec.332 Existing senior executive employees\n\nThis section applies to a person who, immediately before the commencement, was a senior executive employee of a local government.\nThe person is taken to have been appointed as a senior executive employee by the chief executive officer of the local government.\ns 332 ins 2019 No. 30 s 120\n(sec.332-ssec.1) This section applies to a person who, immediately before the commencement, was a senior executive employee of a local government.\n(sec.332-ssec.2) The person is taken to have been appointed as a senior executive employee by the chief executive officer of the local government.","sortOrder":754},{"sectionNumber":"ch.9-pt.15","sectionType":"part","heading":"Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020","content":"# Transitional provisions for Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020","sortOrder":755},{"sectionNumber":"sec.332A","sectionType":"section","heading":"Existing vacancies in office of mayor or other councillor","content":"### sec.332A Existing vacancies in office of mayor or other councillor\n\nThis section applies if—\nbefore the commencement, the office of a mayor or other councillor became vacant; and\non the commencement, the vacancy has not been filled.\nChapter 6, part 2, division 3 applies in relation to filling the vacancy as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 , had not commenced.\ns 332A ins 2020 No. 20 s 123\n(sec.332A-ssec.1) This section applies if— before the commencement, the office of a mayor or other councillor became vacant; and on the commencement, the vacancy has not been filled.\n(sec.332A-ssec.2) Chapter 6, part 2, division 3 applies in relation to filling the vacancy as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 , had not commenced.\n- (a) before the commencement, the office of a mayor or other councillor became vacant; and\n- (b) on the commencement, the vacancy has not been filled.","sortOrder":756},{"sectionNumber":"sec.333","sectionType":"section","heading":"Proceedings for repealed integrity offences","content":"### sec.333 Proceedings for repealed integrity offences\n\nThis section applies in relation to an offence against a repealed integrity offence provision committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 , sections 112 and 113 had not commenced.\nFrom the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be—\nan integrity offence for section 153(5); and\na disqualifying offence for section 153(6).\nIn this section—\nrepealed integrity offence provision means the following provisions as in force from time to time before the commencement—\nsection 171A(2) and (3);\nsection 171B(2);\nsection 175C(2);\nsection 175E(2) and (5);\nsection 175H;\nsection 175I(2) and (3).\ns 333 ins 2020 No. 20 s 123\n(sec.333-ssec.1) This section applies in relation to an offence against a repealed integrity offence provision committed by a person before the commencement.\n(sec.333-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20 , a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Act 2020 , sections 112 and 113 had not commenced.\n(sec.333-ssec.3) From the commencement, an offence against a repealed integrity offence provision continues, despite the repeal of the provision, to be— an integrity offence for section 153(5); and a disqualifying offence for section 153(6).\n(sec.333-ssec.4) In this section— repealed integrity offence provision means the following provisions as in force from time to time before the commencement— section 171A(2) and (3); section 171B(2); section 175C(2); section 175E(2) and (5); section 175H; section 175I(2) and (3).\n- (a) an integrity offence for section 153(5); and\n- (b) a disqualifying offence for section 153(6).\n- (a) section 171A(2) and (3);\n- (b) section 171B(2);\n- (c) section 175C(2);\n- (d) section 175E(2) and (5);\n- (e) section 175H;\n- (f) section 175I(2) and (3).","sortOrder":757},{"sectionNumber":"sec.334","sectionType":"section","heading":"Continuation of Minister’s approval for councillor to participate or be present to decide matter","content":"### sec.334 Continuation of Minister’s approval for councillor to participate or be present to decide matter\n\nThis section applies to a notice given before the commencement by the Minister to a councillor under section 175F, if the notice is in force immediately before the commencement.\nThe notice is taken to be a notice given to the councillor under section 150EV.\ns 334 ins 2020 No. 20 s 123\n(sec.334-ssec.1) This section applies to a notice given before the commencement by the Minister to a councillor under section 175F, if the notice is in force immediately before the commencement.\n(sec.334-ssec.2) The notice is taken to be a notice given to the councillor under section 150EV.","sortOrder":758},{"sectionNumber":"sec.335","sectionType":"section","heading":"Remuneration commission’s recommendation not required for initial regulation","content":"### sec.335 Remuneration commission’s recommendation not required for initial regulation\n\nSection 197D(2) and (3) does not apply to the regulation first made after the commencement under section 197D(1)(a) or (b).\ns 335 ins 2020 No. 20 s 123","sortOrder":759},{"sectionNumber":"sec.336","sectionType":"section","heading":"Application of s 201A for councillors","content":"### sec.336 Application of s 201A for councillors\n\nThis section applies if, on the commencement, a councillor has an interest mentioned in section 201A(1).\nDespite section 201A(2), the councillor must comply with section 201A in relation to the interest within 30 days after the commencement.\ns 336 ins 2020 No. 20 s 123\n(sec.336-ssec.1) This section applies if, on the commencement, a councillor has an interest mentioned in section 201A(1).\n(sec.336-ssec.2) Despite section 201A(2), the councillor must comply with section 201A in relation to the interest within 30 days after the commencement.","sortOrder":760},{"sectionNumber":"ch.9-pt.16","sectionType":"part","heading":"Transitional provisions for COVID-19 Emergency Response and Other Legislation Amendment Act 2020","content":"# Transitional provisions for COVID-19 Emergency Response and Other Legislation Amendment Act 2020","sortOrder":761},{"sectionNumber":"sec.337","sectionType":"section","heading":"Definitions for part","content":"### sec.337 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\nrelevant period means the period—\nstarting on 12 October 2020; and\nending immediately before the commencement.\ns 337 ins 2020 No. 38 s 52\n- (a) starting on 12 October 2020; and\n- (b) ending immediately before the commencement.","sortOrder":762},{"sectionNumber":"sec.338","sectionType":"section","heading":"Effect of particular things done under former s 166A","content":"### sec.338 Effect of particular things done under former s 166A\n\nThis section applies if, during the relevant period—\nthe office of mayor or of another councillor became vacant under former section 162; and\nanything was done under former section 166A for filling the vacant office.\nFrom the commencement—\nformer section 166A does not apply, and is taken never to have applied, for filling the vacant office; and\nanything done under former section 166A for filling the vacant office is taken never to have been done.\nTo remove any doubt, it is declared that if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), on the commencement—\nthe office is taken to be vacant, and to have always been vacant since it became vacant during the relevant period; and\nthe runner-up is taken never to have been appointed.\nHowever, this section does not affect any entitlement to remuneration or other benefits accrued or accruing under an Act, in respect of the appointment period, because of the runner-up’s appointment under former section 166A.\nFor subsection (4), the appointment period is the period—\nstarting on the appointment of the runner-up under former section 166A(4)(b); and\nending immediately before the commencement.\nSubsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .\ns 338 ins 2020 No. 38 s 52\n(sec.338-ssec.1) This section applies if, during the relevant period— the office of mayor or of another councillor became vacant under former section 162; and anything was done under former section 166A for filling the vacant office.\n(sec.338-ssec.2) From the commencement— former section 166A does not apply, and is taken never to have applied, for filling the vacant office; and anything done under former section 166A for filling the vacant office is taken never to have been done.\n(sec.338-ssec.3) To remove any doubt, it is declared that if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), on the commencement— the office is taken to be vacant, and to have always been vacant since it became vacant during the relevant period; and the runner-up is taken never to have been appointed.\n(sec.338-ssec.4) However, this section does not affect any entitlement to remuneration or other benefits accrued or accruing under an Act, in respect of the appointment period, because of the runner-up’s appointment under former section 166A.\n(sec.338-ssec.5) For subsection (4), the appointment period is the period— starting on the appointment of the runner-up under former section 166A(4)(b); and ending immediately before the commencement.\n(sec.338-ssec.6) Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .\n- (a) the office of mayor or of another councillor became vacant under former section 162; and\n- (b) anything was done under former section 166A for filling the vacant office.\n- (a) former section 166A does not apply, and is taken never to have applied, for filling the vacant office; and\n- (b) anything done under former section 166A for filling the vacant office is taken never to have been done.\n- (a) the office is taken to be vacant, and to have always been vacant since it became vacant during the relevant period; and\n- (b) the runner-up is taken never to have been appointed.\n- (a) starting on the appointment of the runner-up under former section 166A(4)(b); and\n- (b) ending immediately before the commencement.","sortOrder":763},{"sectionNumber":"sec.339","sectionType":"section","heading":"Filling particular vacancies in office of mayor","content":"### sec.339 Filling particular vacancies in office of mayor\n\nThis section applies if—\nduring the relevant period, the office of mayor became vacant under former section 162; and\neither of the following applies—\nimmediately before the commencement, the office had not been filled;\non the commencement, the office is taken, under section 338, to be vacant.\nNew chapter 6, part 2, division 3 applies for filling the vacant office.\nHowever, despite new section 163(3), the local government must fill the vacant office within 2 months after the commencement.\nSubsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .\ns 339 ins 2020 No. 38 s 52\n(sec.339-ssec.1) This section applies if— during the relevant period, the office of mayor became vacant under former section 162; and either of the following applies— immediately before the commencement, the office had not been filled; on the commencement, the office is taken, under section 338, to be vacant.\n(sec.339-ssec.2) New chapter 6, part 2, division 3 applies for filling the vacant office.\n(sec.339-ssec.3) However, despite new section 163(3), the local government must fill the vacant office within 2 months after the commencement.\n(sec.339-ssec.4) Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .\n- (a) during the relevant period, the office of mayor became vacant under former section 162; and\n- (b) either of the following applies— (i) immediately before the commencement, the office had not been filled; (ii) on the commencement, the office is taken, under section 338, to be vacant.\n- (i) immediately before the commencement, the office had not been filled;\n- (ii) on the commencement, the office is taken, under section 338, to be vacant.\n- (i) immediately before the commencement, the office had not been filled;\n- (ii) on the commencement, the office is taken, under section 338, to be vacant.","sortOrder":764},{"sectionNumber":"sec.340","sectionType":"section","heading":"Filling particular vacancies in office of another councillor generally","content":"### sec.340 Filling particular vacancies in office of another councillor generally\n\nThis section applies if—\nduring the relevant period, the office of a councillor, other than the mayor, became vacant under former section 162; and\neither of the following applies—\nimmediately before the commencement, the office had not been filled;\non the commencement, the office is taken, under section 338, to be vacant.\nNew chapter 6, part 2, division 3 applies for filling the vacant office.\nHowever, despite new section 163(3), the local government must fill the vacant office within 2 months after the commencement.\nSubsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .\nThis section is subject to section 341.\ns 340 ins 2020 No. 38 s 52\n(sec.340-ssec.1) This section applies if— during the relevant period, the office of a councillor, other than the mayor, became vacant under former section 162; and either of the following applies— immediately before the commencement, the office had not been filled; on the commencement, the office is taken, under section 338, to be vacant.\n(sec.340-ssec.2) New chapter 6, part 2, division 3 applies for filling the vacant office.\n(sec.340-ssec.3) However, despite new section 163(3), the local government must fill the vacant office within 2 months after the commencement.\n(sec.340-ssec.4) Subsections (2) and (3) apply despite the Acts Interpretation Act 1954 , section 20 .\n(sec.340-ssec.5) This section is subject to section 341.\n- (a) during the relevant period, the office of a councillor, other than the mayor, became vacant under former section 162; and\n- (b) either of the following applies— (i) immediately before the commencement, the office had not been filled; (ii) on the commencement, the office is taken, under section 338, to be vacant.\n- (i) immediately before the commencement, the office had not been filled;\n- (ii) on the commencement, the office is taken, under section 338, to be vacant.\n- (i) immediately before the commencement, the office had not been filled;\n- (ii) on the commencement, the office is taken, under section 338, to be vacant.","sortOrder":765},{"sectionNumber":"sec.341","sectionType":"section","heading":"Filling particular vacancies in office of another councillor under new s 166A","content":"### sec.341 Filling particular vacancies in office of another councillor under new s 166A\n\nThis section applies if a local government decides under new section 166(2), as applied under section 340, that a vacancy in the office of a councillor, other than the mayor, is to be filled by following the procedure under new section 166A.\nDespite section 338(2) and (3)(b) and new section 159(b)—\nanything done during the relevant period under former section 166A for filling the vacant office is taken to have been done under new section 166A; and\nif, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), the runner-up is taken—\nto have been appointed under new section 166A(4)(b) on the commencement; and\nto have held office as a councillor continuously from that day.\nSubsection (4) applies if—\nduring the relevant period, the electoral commission gave a vacancy notice, under former section 166A(3), to a runner-up; and\nthe deadline for the runner-up was a day after the end of the relevant period; and\nthe runner-up did not, before the end of the relevant period, consent to being appointed to the vacant office.\nThe electoral commission must, under new section 166A(6), as applied under section 340, extend the day and time stated in the vacancy notice to a day and time after the day the decision mentioned in subsection (1) was made.\ns 341 ins 2020 No. 38 s 52\n(sec.341-ssec.1) This section applies if a local government decides under new section 166(2), as applied under section 340, that a vacancy in the office of a councillor, other than the mayor, is to be filled by following the procedure under new section 166A.\n(sec.341-ssec.2) Despite section 338(2) and (3)(b) and new section 159(b)— anything done during the relevant period under former section 166A for filling the vacant office is taken to have been done under new section 166A; and if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), the runner-up is taken— to have been appointed under new section 166A(4)(b) on the commencement; and to have held office as a councillor continuously from that day.\n(sec.341-ssec.3) Subsection (4) applies if— during the relevant period, the electoral commission gave a vacancy notice, under former section 166A(3), to a runner-up; and the deadline for the runner-up was a day after the end of the relevant period; and the runner-up did not, before the end of the relevant period, consent to being appointed to the vacant office.\n(sec.341-ssec.4) The electoral commission must, under new section 166A(6), as applied under section 340, extend the day and time stated in the vacancy notice to a day and time after the day the decision mentioned in subsection (1) was made.\n- (a) anything done during the relevant period under former section 166A for filling the vacant office is taken to have been done under new section 166A; and\n- (b) if, during the relevant period, the local government filled the vacant office by appointing a runner-up under former section 166A(4)(b), the runner-up is taken— (i) to have been appointed under new section 166A(4)(b) on the commencement; and (ii) to have held office as a councillor continuously from that day.\n- (i) to have been appointed under new section 166A(4)(b) on the commencement; and\n- (ii) to have held office as a councillor continuously from that day.\n- (i) to have been appointed under new section 166A(4)(b) on the commencement; and\n- (ii) to have held office as a councillor continuously from that day.\n- (a) during the relevant period, the electoral commission gave a vacancy notice, under former section 166A(3), to a runner-up; and\n- (b) the deadline for the runner-up was a day after the end of the relevant period; and\n- (c) the runner-up did not, before the end of the relevant period, consent to being appointed to the vacant office.","sortOrder":766},{"sectionNumber":"ch.9-pt.17","sectionType":"part","heading":"Transitional provision for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023","content":"# Transitional provision for Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023","sortOrder":767},{"sectionNumber":"sec.342","sectionType":"section","heading":"Application of s 172—elections held on or after introduction day and before 2024 quadrennial election","content":"### sec.342 Application of s 172—elections held on or after introduction day and before 2024 quadrennial election\n\nThis section applies in relation to an election under the Local Government Electoral Act held on or after the introduction day and before the 2024 quadrennial election.\nSection 172 as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.\nIn this section—\n2024 quadrennial election means the quadrennial election to be held in 2024.\namending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 .\nintroduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.\ns 342 ins 2023 No. 8 s 10\n(sec.342-ssec.1) This section applies in relation to an election under the Local Government Electoral Act held on or after the introduction day and before the 2024 quadrennial election.\n(sec.342-ssec.2) Section 172 as in force immediately before the commencement applies in relation to the election as if the amending Act had not been enacted.\n(sec.342-ssec.3) In this section— 2024 quadrennial election means the quadrennial election to be held in 2024. amending Act means the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 . introduction day means the day the Bill for the amending Act was introduced into the Legislative Assembly.","sortOrder":768},{"sectionNumber":"ch.9-pt.18","sectionType":"part","heading":"Transitional provisions for Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023","content":"# Transitional provisions for Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023","sortOrder":769},{"sectionNumber":"sec.343","sectionType":"section","heading":"Definitions for part","content":"### sec.343 Definitions for part\n\nIn this part—\namending Act means the Local Government (Councillor Conduct) and Other Legislation Amendment Act 2023 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nformer councillor means a person mentioned in former section 150M.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 343 ins 2023 No. 30 s 102","sortOrder":770},{"sectionNumber":"sec.344","sectionType":"section","heading":"Part does not apply to particular conduct","content":"### sec.344 Part does not apply to particular conduct\n\nThis part does not apply in relation to conduct engaged in by a councillor if section 322 applies in relation to the conduct.\ns 344 ins 2023 No. 30 s 102","sortOrder":771},{"sectionNumber":"sec.345","sectionType":"section","heading":"Continued application of former definitions inappropriate conduct and misconduct for chapter 5A","content":"### sec.345 Continued application of former definitions inappropriate conduct and misconduct for chapter 5A\n\nThis section applies in relation to conduct engaged in by a councillor before the commencement.\nIn deciding how to deal with the conduct under chapter 5A, the assessor, a local government official, the local government and the conduct tribunal must apply—\nthe definition of inappropriate conduct under former section 150K, including in relation to new chapter 5A, as if a reference to a conduct breach were a reference to inappropriate conduct under that section; and\nthe definition of misconduct as defined under former section 150L.\ns 345 ins 2023 No. 30 s 102\n(sec.345-ssec.1) This section applies in relation to conduct engaged in by a councillor before the commencement.\n(sec.345-ssec.2) In deciding how to deal with the conduct under chapter 5A, the assessor, a local government official, the local government and the conduct tribunal must apply— the definition of inappropriate conduct under former section 150K, including in relation to new chapter 5A, as if a reference to a conduct breach were a reference to inappropriate conduct under that section; and the definition of misconduct as defined under former section 150L.\n- (a) the definition of inappropriate conduct under former section 150K, including in relation to new chapter 5A, as if a reference to a conduct breach were a reference to inappropriate conduct under that section; and\n- (b) the definition of misconduct as defined under former section 150L.","sortOrder":772},{"sectionNumber":"sec.346","sectionType":"section","heading":"Existing investigations by assessor","content":"### sec.346 Existing investigations by assessor\n\nThis section applies if—\nbefore the commencement—\nthe assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or\nthe assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or\nthe assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and\nimmediately before the commencement, the assessor had not made a decision about the conduct under former section 150W.\nOn the commencement—\nif an investigation had not started before the commencement—the assessor is not required to start the investigation under former chapter 5A, part 3, division 4; and\nif an investigation had been started before the commencement—the investigation is taken never to have been started; and\nthe assessor must make a preliminary assessment of the matter under new chapter 5A, part 3, division 3A or section 150SF as if it were a matter mentioned in section 150SA.\nIn making the preliminary assessment or conducting any further investigation of the matter—\nnew chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and\nthe assessor may consider information obtained by the assessor during any investigation of the councillor’s conduct before the commencement.\ns 346 ins 2023 No. 30 s 102\n(sec.346-ssec.1) This section applies if— before the commencement— the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and immediately before the commencement, the assessor had not made a decision about the conduct under former section 150W.\n(sec.346-ssec.2) On the commencement— if an investigation had not started before the commencement—the assessor is not required to start the investigation under former chapter 5A, part 3, division 4; and if an investigation had been started before the commencement—the investigation is taken never to have been started; and the assessor must make a preliminary assessment of the matter under new chapter 5A, part 3, division 3A or section 150SF as if it were a matter mentioned in section 150SA.\n(sec.346-ssec.3) In making the preliminary assessment or conducting any further investigation of the matter— new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and the assessor may consider information obtained by the assessor during any investigation of the councillor’s conduct before the commencement.\n- (a) before the commencement— (i) the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or (ii) the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or (iii) the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and\n- (i) the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or\n- (ii) the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or\n- (iii) the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and\n- (b) immediately before the commencement, the assessor had not made a decision about the conduct under former section 150W.\n- (i) the assessor was required to investigate the conduct of a councillor the subject of a complaint, notice or information under former section 150T(1)(a), (b) or (c); or\n- (ii) the assessor was required to investigate the conduct of a councillor that was not suspected corrupt conduct under former section 150T(1)(e); or\n- (iii) the assessor, on the assessor’s own initiative, has or could have investigated the conduct of a councillor under former section 150U; and\n- (a) if an investigation had not started before the commencement—the assessor is not required to start the investigation under former chapter 5A, part 3, division 4; and\n- (b) if an investigation had been started before the commencement—the investigation is taken never to have been started; and\n- (c) the assessor must make a preliminary assessment of the matter under new chapter 5A, part 3, division 3A or section 150SF as if it were a matter mentioned in section 150SA.\n- (a) new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and\n- (b) the assessor may consider information obtained by the assessor during any investigation of the councillor’s conduct before the commencement.","sortOrder":773},{"sectionNumber":"sec.347","sectionType":"section","heading":"Existing investigations by a local government","content":"### sec.347 Existing investigations by a local government\n\nThis section applies if—\nbefore the commencement, the assessor had given a local government a referral notice about a councillor’s conduct under former section 150AC; and\nimmediately before the commencement, the local government had not made a decision about the conduct the subject of the notice under former section 150AG.\nThe local government must continue to investigate and make a decision in relation to the conduct under former chapter 5A, part 3, division 5.\nHowever—\nnew section 150AEA applies in relation to the investigation about the conduct; and\nnew section 150AF(3)(a) applies in relation to information obtained in investigating the conduct; and\nnew section 150AH(1)(b)(i) applies in relation to the order the local government may make about the conduct under section 150AH; and\nnew section 150AHA applies in relation to a decision mentioned in that section relating to the investigation.\nAlso, if, before a decision about the conduct is made under section 150AG, an investigation policy is adopted by the local government in compliance with new section 150AE, the local government must, from the day the policy is adopted—\ncomply with the investigation policy in investigating and making a decision about the conduct under new chapter 5A, part 3, division 5; and\ncomply with new section 150AFA in relation to an investigation report about the conduct; and\nif an investigation report is prepared under new section 150AFA—comply with new section 150AGA in relation to the investigation report.\nOn and from the commencement, the local government must not start, or must discontinue, an investigation of conduct under former chapter 5A, part 3, division 5 if—\nthe councillor was a former councillor when the conduct was referred to the local government; or\nthe conduct relates solely to behaviour engaged in by the councillor in a personal capacity.\nIf subsection (5) applies, the local government must, as soon as practicable after the commencement, give a notice to the following advising that the investigation has not been started or has been discontinued—\nthe assessor;\nthe councillor or former councillor who engaged in the conduct;\nif the conduct is the subject of a complaint—the person who made the complaint, if the local government has the person’s contact details.\ns 347 ins 2023 No. 30 s 102\n(sec.347-ssec.1) This section applies if— before the commencement, the assessor had given a local government a referral notice about a councillor’s conduct under former section 150AC; and immediately before the commencement, the local government had not made a decision about the conduct the subject of the notice under former section 150AG.\n(sec.347-ssec.2) The local government must continue to investigate and make a decision in relation to the conduct under former chapter 5A, part 3, division 5.\n(sec.347-ssec.3) However— new section 150AEA applies in relation to the investigation about the conduct; and new section 150AF(3)(a) applies in relation to information obtained in investigating the conduct; and new section 150AH(1)(b)(i) applies in relation to the order the local government may make about the conduct under section 150AH; and new section 150AHA applies in relation to a decision mentioned in that section relating to the investigation.\n(sec.347-ssec.4) Also, if, before a decision about the conduct is made under section 150AG, an investigation policy is adopted by the local government in compliance with new section 150AE, the local government must, from the day the policy is adopted— comply with the investigation policy in investigating and making a decision about the conduct under new chapter 5A, part 3, division 5; and comply with new section 150AFA in relation to an investigation report about the conduct; and if an investigation report is prepared under new section 150AFA—comply with new section 150AGA in relation to the investigation report.\n(sec.347-ssec.5) On and from the commencement, the local government must not start, or must discontinue, an investigation of conduct under former chapter 5A, part 3, division 5 if— the councillor was a former councillor when the conduct was referred to the local government; or the conduct relates solely to behaviour engaged in by the councillor in a personal capacity.\n(sec.347-ssec.6) If subsection (5) applies, the local government must, as soon as practicable after the commencement, give a notice to the following advising that the investigation has not been started or has been discontinued— the assessor; the councillor or former councillor who engaged in the conduct; if the conduct is the subject of a complaint—the person who made the complaint, if the local government has the person’s contact details.\n- (a) before the commencement, the assessor had given a local government a referral notice about a councillor’s conduct under former section 150AC; and\n- (b) immediately before the commencement, the local government had not made a decision about the conduct the subject of the notice under former section 150AG.\n- (a) new section 150AEA applies in relation to the investigation about the conduct; and\n- (b) new section 150AF(3)(a) applies in relation to information obtained in investigating the conduct; and\n- (c) new section 150AH(1)(b)(i) applies in relation to the order the local government may make about the conduct under section 150AH; and\n- (d) new section 150AHA applies in relation to a decision mentioned in that section relating to the investigation.\n- (a) comply with the investigation policy in investigating and making a decision about the conduct under new chapter 5A, part 3, division 5; and\n- (b) comply with new section 150AFA in relation to an investigation report about the conduct; and\n- (c) if an investigation report is prepared under new section 150AFA—comply with new section 150AGA in relation to the investigation report.\n- (a) the councillor was a former councillor when the conduct was referred to the local government; or\n- (b) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity.\n- (a) the assessor;\n- (b) the councillor or former councillor who engaged in the conduct;\n- (c) if the conduct is the subject of a complaint—the person who made the complaint, if the local government has the person’s contact details.","sortOrder":774},{"sectionNumber":"sec.348","sectionType":"section","heading":"Existing investigations by the conduct tribunal","content":"### sec.348 Existing investigations by the conduct tribunal\n\nThis section applies if—\nbefore the commencement, the conduct tribunal started an investigation of the conduct of a councillor at the request of a local government as mentioned in section 150DL(1)(a)(i); and\nimmediately before the commencement, the conduct tribunal had not—\ncompleted the investigation; or\nreferred the conduct to the assessor under former section 150DLA.\nFormer sections 150DL, 150DLA and 150DU continue to apply in relation to the investigation as if the amending Act had not been enacted.\nHowever, if section 150DLA applies—\ndespite former section 150DLA(2), the conduct tribunal must refer the conduct to the assessor for a preliminary assessment under part 3, division 3A; and\nnew chapter 5A, part 3 applies in relation to the conduct as if the referral were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).\ns 348 ins 2023 No. 30 s 102\n(sec.348-ssec.1) This section applies if— before the commencement, the conduct tribunal started an investigation of the conduct of a councillor at the request of a local government as mentioned in section 150DL(1)(a)(i); and immediately before the commencement, the conduct tribunal had not— completed the investigation; or referred the conduct to the assessor under former section 150DLA.\n(sec.348-ssec.2) Former sections 150DL, 150DLA and 150DU continue to apply in relation to the investigation as if the amending Act had not been enacted.\n(sec.348-ssec.3) However, if section 150DLA applies— despite former section 150DLA(2), the conduct tribunal must refer the conduct to the assessor for a preliminary assessment under part 3, division 3A; and new chapter 5A, part 3 applies in relation to the conduct as if the referral were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).\n- (a) before the commencement, the conduct tribunal started an investigation of the conduct of a councillor at the request of a local government as mentioned in section 150DL(1)(a)(i); and\n- (b) immediately before the commencement, the conduct tribunal had not— (i) completed the investigation; or (ii) referred the conduct to the assessor under former section 150DLA.\n- (i) completed the investigation; or\n- (ii) referred the conduct to the assessor under former section 150DLA.\n- (i) completed the investigation; or\n- (ii) referred the conduct to the assessor under former section 150DLA.\n- (a) despite former section 150DLA(2), the conduct tribunal must refer the conduct to the assessor for a preliminary assessment under part 3, division 3A; and\n- (b) new chapter 5A, part 3 applies in relation to the conduct as if the referral were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).","sortOrder":775},{"sectionNumber":"sec.349","sectionType":"section","heading":"Existing referrals by conduct tribunal if investigation not started","content":"### sec.349 Existing referrals by conduct tribunal if investigation not started\n\nThis section applies if—\nbefore the commencement, the conduct tribunal had referred alleged conduct of a councillor to the assessor under former section 150DLA; and\nimmediately before the commencement, the assessor had not started an investigation of the councillor’s conduct under former chapter 5A, part 3, division 4.\nOn the commencement, the assessor must make a preliminary assessment of the referral under new chapter 5A, part 3, division 3A as if the referral were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).\nIn making the preliminary assessment or conducting any further investigation of the matter the subject of the referral—\nnew chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and\nthe assessor may consider any information obtained by the conduct tribunal during the investigation of the councillor’s conduct before the commencement.\ns 349 ins 2023 No. 30 s 102\n(sec.349-ssec.1) This section applies if— before the commencement, the conduct tribunal had referred alleged conduct of a councillor to the assessor under former section 150DLA; and immediately before the commencement, the assessor had not started an investigation of the councillor’s conduct under former chapter 5A, part 3, division 4.\n(sec.349-ssec.2) On the commencement, the assessor must make a preliminary assessment of the referral under new chapter 5A, part 3, division 3A as if the referral were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).\n(sec.349-ssec.3) In making the preliminary assessment or conducting any further investigation of the matter the subject of the referral— new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and the assessor may consider any information obtained by the conduct tribunal during the investigation of the councillor’s conduct before the commencement.\n- (a) before the commencement, the conduct tribunal had referred alleged conduct of a councillor to the assessor under former section 150DLA; and\n- (b) immediately before the commencement, the assessor had not started an investigation of the councillor’s conduct under former chapter 5A, part 3, division 4.\n- (a) new chapter 5A, part 3, division 3A applies, other than new sections 150SB and 150SD(2)(b) and (3)(d); and\n- (b) the assessor may consider any information obtained by the conduct tribunal during the investigation of the councillor’s conduct before the commencement.","sortOrder":776},{"sectionNumber":"sec.350","sectionType":"section","heading":"Particular conduct tribunal applications to be withdrawn","content":"### sec.350 Particular conduct tribunal applications to be withdrawn\n\nThis section applies if—\nbefore the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and\nimmediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and\n1 or more of the following circumstances applies—\nthe councillor was a former councillor when the application was made;\nafter the commencement, the office of the councillor is vacated;\nthe conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct;\nthe conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii);\nthe councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting;\nthe conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g);\nthe conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate;\nthe conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party.\nThe assessor must, before the application is decided, withdraw—\nif a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or\notherwise—the part of the application relating to the circumstance.\nIf the application, or part of the application, is withdrawn under subsection (2), the assessor must, as soon as practicable—\ngive a notice to the conduct tribunal advising of the withdrawal; and\ngive a copy of the notice to—\nif the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\nthe councillor or former councillor; and\nthe local government.\ns 350 ins 2023 No. 30 s 102\n(sec.350-ssec.1) This section applies if— before the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and immediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and 1 or more of the following circumstances applies— the councillor was a former councillor when the application was made; after the commencement, the office of the councillor is vacated; the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party.\n(sec.350-ssec.2) The assessor must, before the application is decided, withdraw— if a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or otherwise—the part of the application relating to the circumstance.\n(sec.350-ssec.3) If the application, or part of the application, is withdrawn under subsection (2), the assessor must, as soon as practicable— give a notice to the conduct tribunal advising of the withdrawal; and give a copy of the notice to— if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and the councillor or former councillor; and the local government.\n- (a) before the commencement, the assessor had applied to the conduct tribunal in relation to conduct engaged in by a councillor, including a former councillor, under former section 150AJ; and\n- (b) immediately before the commencement, the conduct tribunal had not made a decision under section 150AQ; and\n- (c) 1 or more of the following circumstances applies— (i) the councillor was a former councillor when the application was made; (ii) after the commencement, the office of the councillor is vacated; (iii) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct; (iv) the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii); (v) the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting; (vi) the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g); (vii) the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate; (viii) the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party.\n- (i) the councillor was a former councillor when the application was made;\n- (ii) after the commencement, the office of the councillor is vacated;\n- (iii) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct;\n- (iv) the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii);\n- (v) the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting;\n- (vi) the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g);\n- (vii) the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate;\n- (viii) the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party.\n- (i) the councillor was a former councillor when the application was made;\n- (ii) after the commencement, the office of the councillor is vacated;\n- (iii) the conduct relates solely to behaviour engaged in by the councillor in a personal capacity, unless the conduct is suspected corrupt conduct;\n- (iv) the conduct relates solely to a contravention of the acceptable requests guidelines mentioned in former section 150L(1)(c)(ii);\n- (v) the councillor or person was the chairperson of a local government meeting and the councillor’s conduct relates solely to the councillor performing the role of chairperson at the meeting;\n- (vi) the conduct relates to a conflict of interest matter mentioned in new section 150EF(1)(c), (d), (e) or (f) or 150EO(1)(g) or the City of Brisbane Act 2010 , new section 177C(1)(c), (d), (e) or (f) or 177L(1)(g);\n- (vii) the conduct relates to a conflict of interest matter that involves a close associate of the councillor who, because of the commencement of the amending Act, section 11 or 89, stopped being a close associate;\n- (viii) the conduct relates to a conflict of interest matter that involves a related party of the councillor who, because of the commencement of the amending Act, section 13 or 91, stopped being a related party.\n- (a) if a circumstance mentioned in subsection (1)(c)(i), (ii) or (iv) applies—the application; or\n- (b) otherwise—the part of the application relating to the circumstance.\n- (a) give a notice to the conduct tribunal advising of the withdrawal; and\n- (b) give a copy of the notice to— (i) if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and (ii) the councillor or former councillor; and (iii) the local government.\n- (i) if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\n- (ii) the councillor or former councillor; and\n- (iii) the local government.\n- (i) if the application relates to conduct the subject of a complaint—the person who made the complaint, if the assessor has the person’s contact details; and\n- (ii) the councillor or former councillor; and\n- (iii) the local government.","sortOrder":777},{"sectionNumber":"sec.351","sectionType":"section","heading":"Preliminary assessments for particular former councillors","content":"### sec.351 Preliminary assessments for particular former councillors\n\nThis section applies if—\nbefore the commencement—\nthe assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or\nthe assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and\non or after the commencement, the investigation is discontinued under section 347(5) or the referral is withdrawn under section 350(1)(c)(i) and (2); and\nwithin 12 months after the commencement the former councillor is elected or appointed as a councillor for a new term of office.\nThe assessor must make a preliminary assessment under new chapter 5A, part 3, division 3A of the matter as if it were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).\nNew chapter 5A applies in relation to the conduct as if the complaint, notice or information were made or given to the assessor on the day the new term of office starts.\ns 351 ins 2023 No. 30 s 102\n(sec.351-ssec.1) This section applies if— before the commencement— the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and on or after the commencement, the investigation is discontinued under section 347(5) or the referral is withdrawn under section 350(1)(c)(i) and (2); and within 12 months after the commencement the former councillor is elected or appointed as a councillor for a new term of office.\n(sec.351-ssec.2) The assessor must make a preliminary assessment under new chapter 5A, part 3, division 3A of the matter as if it were information given to the assessor about the conduct of the councillor mentioned in new section 150SA(c).\n(sec.351-ssec.3) New chapter 5A applies in relation to the conduct as if the complaint, notice or information were made or given to the assessor on the day the new term of office starts.\n- (a) before the commencement— (i) the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or (ii) the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and\n- (i) the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or\n- (ii) the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and\n- (b) on or after the commencement, the investigation is discontinued under section 347(5) or the referral is withdrawn under section 350(1)(c)(i) and (2); and\n- (c) within 12 months after the commencement the former councillor is elected or appointed as a councillor for a new term of office.\n- (i) the assessor, a local government or the conduct tribunal had started an investigation of the conduct of a former councillor; or\n- (ii) the assessor had made an application under former section 150AJ in relation to the conduct of a former councillor; and","sortOrder":778},{"sectionNumber":"sec.352","sectionType":"section","heading":"References to inappropriate conduct","content":"### sec.352 References to inappropriate conduct\n\nSubject to this part, a reference in an Act or document to inappropriate conduct may, if the context permits, be taken to be a reference to a conduct breach.\ns 352 ins 2023 No. 30 s 102","sortOrder":779},{"sectionNumber":"sec.353","sectionType":"section","heading":"Declarations about persons who made complaints before commencement","content":"### sec.353 Declarations about persons who made complaints before commencement\n\nFor a declaration under new section 150AWA that a person is a vexatious complainant, the assessor may, for section 150AWA(2)(b), consider a complaint made by the person before the commencement.\nHowever, a declaration can not be made for a person solely in relation to complaints made by the person before the commencement.\ns 353 ins 2023 No. 30 s 102\n(sec.353-ssec.1) For a declaration under new section 150AWA that a person is a vexatious complainant, the assessor may, for section 150AWA(2)(b), consider a complaint made by the person before the commencement.\n(sec.353-ssec.2) However, a declaration can not be made for a person solely in relation to complaints made by the person before the commencement.","sortOrder":780},{"sectionNumber":"sec.354","sectionType":"section","heading":"Review by QCAT of particular decisions made by the conduct tribunal","content":"### sec.354 Review by QCAT of particular decisions made by the conduct tribunal\n\nNew sections 150ATA and 150ATB apply in relation to an application for review of a decision made after the commencement, whether the decision the subject of the review is made before or after the commencement.\ns 354 ins 2023 No. 30 s 102","sortOrder":781},{"sectionNumber":"ch.9-pt.19","sectionType":"part","heading":"Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024","sortOrder":782},{"sectionNumber":"sec.355","sectionType":"section","heading":"Definitions for part","content":"### sec.355 Definitions for part\n\nIn this part—\namending Act means the Residential Tenancies and Rooming Accommodation and Other Legislation Amendment Act 2024 .\ndefined benefit member see section 216A.\nnew , for a section of this Act, means the section as in force from the commencement.\ns 355 ins 2024 No. 27 s 103","sortOrder":783},{"sectionNumber":"sec.356","sectionType":"section","heading":"Change in name of board and scheme","content":"### sec.356 Change in name of board and scheme\n\nTo remove any doubt, it is declared that—\nthe amendment of section 208 by the amending Act has effect only to change the name of the board mentioned in the section and does not establish a new board; and\nthe amendment of section 217 by the amending Act has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme.\nFrom the commencement, if the context permits—\na reference in a document to either of the following is taken to be a reference to Brighter Super Trustee—\nthe Queensland Local Government Superannuation Board under the 1993 Act or this Act;\nLGIAsuper Trustee; and\na reference in an industrial instrument or other document to any of the following is taken to be a reference to Brighter Super—\nthe Local Government Superannuation Scheme under the 1993 Act or this Act;\nthe LG super scheme;\nLGIAsuper;\nCity Super;\nthe Brisbane City Council Superannuation Plan.\ns 356 ins 2024 No. 27 s 103\n(sec.356-ssec.1) To remove any doubt, it is declared that— the amendment of section 208 by the amending Act has effect only to change the name of the board mentioned in the section and does not establish a new board; and the amendment of section 217 by the amending Act has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme.\n(sec.356-ssec.2) From the commencement, if the context permits— a reference in a document to either of the following is taken to be a reference to Brighter Super Trustee— the Queensland Local Government Superannuation Board under the 1993 Act or this Act; LGIAsuper Trustee; and a reference in an industrial instrument or other document to any of the following is taken to be a reference to Brighter Super— the Local Government Superannuation Scheme under the 1993 Act or this Act; the LG super scheme; LGIAsuper; City Super; the Brisbane City Council Superannuation Plan.\n- (a) the amendment of section 208 by the amending Act has effect only to change the name of the board mentioned in the section and does not establish a new board; and\n- (b) the amendment of section 217 by the amending Act has effect only to change the name of the superannuation scheme mentioned in the section and does not establish a new superannuation scheme.\n- (a) a reference in a document to either of the following is taken to be a reference to Brighter Super Trustee— (i) the Queensland Local Government Superannuation Board under the 1993 Act or this Act; (ii) LGIAsuper Trustee; and\n- (i) the Queensland Local Government Superannuation Board under the 1993 Act or this Act;\n- (ii) LGIAsuper Trustee; and\n- (b) a reference in an industrial instrument or other document to any of the following is taken to be a reference to Brighter Super— (i) the Local Government Superannuation Scheme under the 1993 Act or this Act; (ii) the LG super scheme; (iii) LGIAsuper; (iv) City Super; (v) the Brisbane City Council Superannuation Plan.\n- (i) the Local Government Superannuation Scheme under the 1993 Act or this Act;\n- (ii) the LG super scheme;\n- (iii) LGIAsuper;\n- (iv) City Super;\n- (v) the Brisbane City Council Superannuation Plan.\n- (i) the Queensland Local Government Superannuation Board under the 1993 Act or this Act;\n- (ii) LGIAsuper Trustee; and\n- (i) the Local Government Superannuation Scheme under the 1993 Act or this Act;\n- (ii) the LG super scheme;\n- (iii) LGIAsuper;\n- (iv) City Super;\n- (v) the Brisbane City Council Superannuation Plan.","sortOrder":784},{"sectionNumber":"sec.357","sectionType":"section","heading":"Existing memberships and entitlements","content":"### sec.357 Existing memberships and entitlements\n\nThe amendment of this Act by the amending Act does not affect—\nthe membership of an existing member; or\nany entitlement the existing member accrued under this Act before the commencement.\nIn this section—\nexisting member means a person who, immediately before the commencement, was a member of LGIAsuper.\ns 357 ins 2024 No. 27 s 103\n(sec.357-ssec.1) The amendment of this Act by the amending Act does not affect— the membership of an existing member; or any entitlement the existing member accrued under this Act before the commencement.\n(sec.357-ssec.2) In this section— existing member means a person who, immediately before the commencement, was a member of LGIAsuper.\n- (a) the membership of an existing member; or\n- (b) any entitlement the existing member accrued under this Act before the commencement.","sortOrder":785},{"sectionNumber":"sec.358","sectionType":"section","heading":"Existing financial hardship exemptions","content":"### sec.358 Existing financial hardship exemptions\n\nThis section applies to a permanent employee of a local government or local government entity if—\nthe employee is not a defined benefit member; and\nimmediately before the commencement, an exemption was in effect for the employee under former section 221.\nOn the commencement, the permanent employee is taken to have given the local government or local government entity a notice under new section 220A(4)(b) stating the following rate—\nif the exemption applied to all of the employee’s contributions payable under former section 220A(2)—0%;\nif the exemption applied to part of the employee’s contributions payable under former section 220A(2)—\nthe rate at which the employee was required to pay the remaining part of the employee’s contributions in accordance with the exemption; or\nthe rate that is equivalent to the amount of the remaining part of the employee’s contributions payable in accordance with the exemption.\nIn this section—\nformer , for a section of this Act, means the section as in force immediately before the commencement.\ns 358 ins 2024 No. 27 s 103\n(sec.358-ssec.1) This section applies to a permanent employee of a local government or local government entity if— the employee is not a defined benefit member; and immediately before the commencement, an exemption was in effect for the employee under former section 221.\n(sec.358-ssec.2) On the commencement, the permanent employee is taken to have given the local government or local government entity a notice under new section 220A(4)(b) stating the following rate— if the exemption applied to all of the employee’s contributions payable under former section 220A(2)—0%; if the exemption applied to part of the employee’s contributions payable under former section 220A(2)— the rate at which the employee was required to pay the remaining part of the employee’s contributions in accordance with the exemption; or the rate that is equivalent to the amount of the remaining part of the employee’s contributions payable in accordance with the exemption.\n(sec.358-ssec.3) In this section— former , for a section of this Act, means the section as in force immediately before the commencement.\n- (a) the employee is not a defined benefit member; and\n- (b) immediately before the commencement, an exemption was in effect for the employee under former section 221.\n- (a) if the exemption applied to all of the employee’s contributions payable under former section 220A(2)—0%;\n- (b) if the exemption applied to part of the employee’s contributions payable under former section 220A(2)— (i) the rate at which the employee was required to pay the remaining part of the employee’s contributions in accordance with the exemption; or (ii) the rate that is equivalent to the amount of the remaining part of the employee’s contributions payable in accordance with the exemption.\n- (i) the rate at which the employee was required to pay the remaining part of the employee’s contributions in accordance with the exemption; or\n- (ii) the rate that is equivalent to the amount of the remaining part of the employee’s contributions payable in accordance with the exemption.\n- (i) the rate at which the employee was required to pay the remaining part of the employee’s contributions in accordance with the exemption; or\n- (ii) the rate that is equivalent to the amount of the remaining part of the employee’s contributions payable in accordance with the exemption.","sortOrder":786},{"sectionNumber":"sec.359","sectionType":"section","heading":"Particular employees of the Brisbane City Council","content":"### sec.359 Particular employees of the Brisbane City Council\n\nThis section applies to a permanent employee of the Brisbane City Council if—\nthe employee is not a defined benefit member; and\nimmediately before the commencement, the employee was—\nan employee of the Brisbane City Council mentioned in section 216C(a); and\n70 years or older.\nOn the commencement, the permanent employee is taken to have given the Brisbane City Council a notice under new section 220A(4)(b) stating the rate of 0%.\ns 359 ins 2024 No. 27 s 103\n(sec.359-ssec.1) This section applies to a permanent employee of the Brisbane City Council if— the employee is not a defined benefit member; and immediately before the commencement, the employee was— an employee of the Brisbane City Council mentioned in section 216C(a); and 70 years or older.\n(sec.359-ssec.2) On the commencement, the permanent employee is taken to have given the Brisbane City Council a notice under new section 220A(4)(b) stating the rate of 0%.\n- (a) the employee is not a defined benefit member; and\n- (b) immediately before the commencement, the employee was— (i) an employee of the Brisbane City Council mentioned in section 216C(a); and (ii) 70 years or older.\n- (i) an employee of the Brisbane City Council mentioned in section 216C(a); and\n- (ii) 70 years or older.\n- (i) an employee of the Brisbane City Council mentioned in section 216C(a); and\n- (ii) 70 years or older.","sortOrder":787},{"sectionNumber":"ch.9-pt.20","sectionType":"part","heading":"Transitional provisions for Local Government (Empowering Councils) and Other Legislation Amendment Act 2026","content":"# Transitional provisions for Local Government (Empowering Councils) and Other Legislation Amendment Act 2026","sortOrder":788},{"sectionNumber":"ch.9-pt.20-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":789},{"sectionNumber":"sec.360","sectionType":"section","heading":"Definitions for part","content":"### sec.360 Definitions for part\n\nIn this part—\namendment Act means the Local Government (Empowering Councils) and Other Legislation Amendment Act 2026 .\nformer , in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the transitional provision in which the term is used.\nnew , in relation to a provision of this Act, means the provision as in force from the commencement of the transitional provision in which the term is used.\ntransitional provision means a provision of this part.\ns 360 ins 2026 No. 5 s 71","sortOrder":790},{"sectionNumber":"ch.9-pt.20-div.2","sectionType":"division","heading":"Provisions for amendments commencing on assent","content":"## Provisions for amendments commencing on assent","sortOrder":791},{"sectionNumber":"sec.361","sectionType":"section","heading":"Councillors who were candidates immediately before commencement","content":"### sec.361 Councillors who were candidates immediately before commencement\n\nThis section applies if—\nbefore the commencement, a councillor had become a candidate, under the Electoral Act , section 93 (3) , for an election of a member of the Legislative Assembly; and\nimmediately before the commencement, the election period for the election had not ended under that Act.\nSections 155 and 160B as in force immediately before the commencement continue to apply to the councillor, despite the enactment of the amendment Act, until the election period ends.\ns 361 ins 2026 No. 5 s 71\n(sec.361-ssec.1) This section applies if— before the commencement, a councillor had become a candidate, under the Electoral Act , section 93 (3) , for an election of a member of the Legislative Assembly; and immediately before the commencement, the election period for the election had not ended under that Act.\n(sec.361-ssec.2) Sections 155 and 160B as in force immediately before the commencement continue to apply to the councillor, despite the enactment of the amendment Act, until the election period ends.\n- (a) before the commencement, a councillor had become a candidate, under the Electoral Act , section 93 (3) , for an election of a member of the Legislative Assembly; and\n- (b) immediately before the commencement, the election period for the election had not ended under that Act.","sortOrder":792},{"sectionNumber":"sec.362","sectionType":"section","heading":"Application of s 150DD for existing acting assessor","content":"### sec.362 Application of s 150DD for existing acting assessor\n\nThis section applies in relation to a person who was, immediately before the commencement, appointed as the acting assessor under section 150DD.\nNew section 150DD applies in relation to any reappointment of the person.\ns 362 ins 2026 No. 5 s 71\n(sec.362-ssec.1) This section applies in relation to a person who was, immediately before the commencement, appointed as the acting assessor under section 150DD.\n(sec.362-ssec.2) New section 150DD applies in relation to any reappointment of the person.","sortOrder":793},{"sectionNumber":"sec.363","sectionType":"section","heading":"Councillor training","content":"### sec.363 Councillor training\n\nTraining that was, immediately before the commencement, approved councillor training for a matter under section 169A as in force immediately before the commencement is, from the commencement, taken to be an approved training course for the same matter under new section 169A.\ns 363 ins 2026 No. 5 s 71","sortOrder":794},{"sectionNumber":"sec.364","sectionType":"section","heading":"Existing senior executive employees","content":"### sec.364 Existing senior executive employees\n\nThis section applies to a person if, immediately before the commencement, the person—\nheld an appointment under section 196(3) as in force immediately before the commencement; and\nwas classified as a senior executive employee.\nFrom the commencement—\nthe person’s contract and conditions of employment continue; and\nthe person is taken to have been appointed as a senior executive employee under new section 196(4).\ns 364 ins 2026 No. 5 s 71\n_____\nch 9 pt 20 div 2A (s 364A) ins 2026 No. 5 s 71D (uncommenced amendment)\nch 9 pt 20 div 3 hdg ins 2026 No. 5 s 110 (uncommenced amendment)\nch 9 pt 20 div 3 sdiv 1 (ss 365–370) ins 2026 No. 5 s 110 (uncommenced amendment)\nch 9 pt 20 div 3 sdiv 2 (ss 371–373) ins 2026 No. 5 s 110 (uncommenced amendment)\n(sec.364-ssec.1) This section applies to a person if, immediately before the commencement, the person— held an appointment under section 196(3) as in force immediately before the commencement; and was classified as a senior executive employee.\n(sec.364-ssec.2) From the commencement— the person’s contract and conditions of employment continue; and the person is taken to have been appointed as a senior executive employee under new section 196(4).\n- (a) held an appointment under section 196(3) as in force immediately before the commencement; and\n- (b) was classified as a senior executive employee.\n- (a) the person’s contract and conditions of employment continue; and\n- (b) the person is taken to have been appointed as a senior executive employee under new section 196(4).","sortOrder":795},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Serious integrity offences","content":"# Serious integrity offences","sortOrder":796},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Integrity offences","content":"# Integrity offences","sortOrder":797},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":798},{"sectionNumber":"sch.2-sec.266","sectionType":"section","heading":null,"content":"### Section sch.2-sec.266\n\nsch 2 s 266 (prev 1993 No. 70 s 266 ) sub 1999 No. 59 s 5\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":799},{"sectionNumber":"sch.2-sec.267","sectionType":"section","heading":null,"content":"### Section sch.2-sec.267\n\nsch 2 s 267 (prev 1993 No. 70 s 267 ) amd 1999 No. 59 s 60 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":800},{"sectionNumber":"sch.2-sec.268","sectionType":"section","heading":null,"content":"### Section sch.2-sec.268\n\nsch 2 s 268 (prev 1993 No. 70 s 268 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":801},{"sectionNumber":"sch.2-sec.269","sectionType":"section","heading":null,"content":"### Section sch.2-sec.269\n\nsch 2 s 269 (prev 1993 No. 70 s 269 ) sub 1995 No. 57 s 4 sch 1 ; 1999 No. 59 s 6\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":802},{"sectionNumber":"sch.2-sec.270","sectionType":"section","heading":null,"content":"### Section sch.2-sec.270\n\nsch 2 s 270 (prev 1993 No. 70 s 270 ) amd 1999 No. 30 s 36\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":803},{"sectionNumber":"sch.2-sec.271","sectionType":"section","heading":null,"content":"### Section sch.2-sec.271\n\nsch 2 s 271 (prev 1993 No. 70 s 271 ) ins 1996 No. 81 s 32\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":804},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":805},{"sectionNumber":"sch.2-sec.272","sectionType":"section","heading":null,"content":"### Section sch.2-sec.272\n\nsch 2 s 272 (prev 1993 No. 70 s 272 ) amd 1996 No. 81 s 33 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":806},{"sectionNumber":"sch.2-sec.273","sectionType":"section","heading":null,"content":"### Section sch.2-sec.273\n\nsch 2 s 273 (prev 1993 No. 70 s 273 ) sub 1996 No. 81 s 34\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":807},{"sectionNumber":"sch.2-sec.274","sectionType":"section","heading":null,"content":"### Section sch.2-sec.274\n\nsch 2 s 274 (prev 1993 No. 70 s 274 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":808},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":809},{"sectionNumber":"sch.2-sec.275","sectionType":"section","heading":null,"content":"### Section sch.2-sec.275\n\nsch 2 s 275 (prev 1993 No. 70 s 275 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":810},{"sectionNumber":"sch.2-sec.276","sectionType":"section","heading":null,"content":"### Section sch.2-sec.276\n\nsch 2 s 276 (prev 1993 No. 70 s 276 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":811},{"sectionNumber":"sch.2-sec.277","sectionType":"section","heading":null,"content":"### Section sch.2-sec.277\n\nsch 2 s 277 (prev 1993 No. 70 s 277 ) amd 1999 No. 30 ss 37, 97; 1999 No. 59 s 60 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":812},{"sectionNumber":"sch.2-sec.278","sectionType":"section","heading":null,"content":"### Section sch.2-sec.278\n\nsch 2 s 278 (prev 1993 No. 70 s 278 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":813},{"sectionNumber":"sch.2-sec.279","sectionType":"section","heading":null,"content":"### Section sch.2-sec.279\n\nsch 2 s 279 (prev 1993 No. 70 s 279 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":814},{"sectionNumber":"sch.2-sec.280","sectionType":"section","heading":null,"content":"### Section sch.2-sec.280\n\nsch 2 s 280 (prev 1993 No. 70 s 280 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":815},{"sectionNumber":"sch.2-sec.281","sectionType":"section","heading":null,"content":"### Section sch.2-sec.281\n\nsch 2 s 281 (prev 1993 No. 70 s 281 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":816},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.4","sectionType":"part","heading":null,"content":"","sortOrder":817},{"sectionNumber":"sch.2-sec.282","sectionType":"section","heading":null,"content":"### Section sch.2-sec.282\n\nsch 2 s 282 (prev 1993 No. 70 s 282 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":818},{"sectionNumber":"sch.2-sec.283","sectionType":"section","heading":null,"content":"### Section sch.2-sec.283\n\nsch 2 s 283 (prev 1993 No. 70 s 283 ) reloc 2009 No. 17 s 331 sch 1 amdt 16\nom 2011 No. 27 s 289","sortOrder":819},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6","sectionType":"part","heading":null,"content":"","sortOrder":820},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.1","sectionType":"division","heading":null,"content":"","sortOrder":821},{"sectionNumber":"sch.2-sec.289","sectionType":"section","heading":null,"content":"### Section sch.2-sec.289\n\nsch 2 s 289 (prev 1993 No. 70 s 289 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":822},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.2","sectionType":"division","heading":null,"content":"","sortOrder":823},{"sectionNumber":"sch.2-sec.290","sectionType":"section","heading":null,"content":"### Section sch.2-sec.290\n\nsch 2 s 290 (prev 1993 No. 70 s 290 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":824},{"sectionNumber":"sch.2-sec.291","sectionType":"section","heading":null,"content":"### Section sch.2-sec.291\n\nsch 2 s 291 (prev 1993 No. 70 s 291 ) ins 1996 No. 81 s 36\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":825},{"sectionNumber":"sch.2-sec.292","sectionType":"section","heading":null,"content":"### Section sch.2-sec.292\n\nsch 2 s 292 (prev 1993 No. 70 s 292 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":826},{"sectionNumber":"sch.2-sec.293","sectionType":"section","heading":null,"content":"### Section sch.2-sec.293\n\nsch 2 s 293 (prev 1993 No. 70 s 293 ) amd 1996 No. 81 s 37\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":827},{"sectionNumber":"sch.2-sec.294","sectionType":"section","heading":null,"content":"### Section sch.2-sec.294\n\nsch 2 s 294 (prev 1993 No. 70 s 294 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":828},{"sectionNumber":"sch.2-sec.295","sectionType":"section","heading":null,"content":"### Section sch.2-sec.295\n\nsch 2 s 295 (prev 1993 No. 70 s 295 ) sub 1996 No. 81 s 38\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":829},{"sectionNumber":"sch.2-sec.296","sectionType":"section","heading":null,"content":"### Section sch.2-sec.296\n\nsch 2 s 296 (prev 1993 No. 70 s 296 ) ins 1996 No. 81 s 39\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":830},{"sectionNumber":"sch.2-sec.297","sectionType":"section","heading":null,"content":"### Section sch.2-sec.297\n\nsch 2 s 297 (prev 1993 No. 70 s 297 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":831},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.3","sectionType":"division","heading":null,"content":"","sortOrder":832},{"sectionNumber":"sch.2-sec.298","sectionType":"section","heading":null,"content":"### Section sch.2-sec.298\n\nsch 2 s 298 (prev 1993 No. 70 s 298 ) amd 1996 No. 81 s 40 ; 1999 No. 30 s 97 ; 2001 No. 29 s 7 ; 2009 No. 17 s 331 sch 1 amdts 4–4A (amd 2010 No. 23 s 344 (6) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":833},{"sectionNumber":"sch.2-sec.299","sectionType":"section","heading":null,"content":"### Section sch.2-sec.299\n\nsch 2 s 299 (prev 1993 No. 70 s 299 ) amd 2009 No. 17 s 331 sch 1 amdt 4B (amd 2010 No. 23 s 344 (6) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":834},{"sectionNumber":"sch.2-sec.300","sectionType":"section","heading":null,"content":"### Section sch.2-sec.300\n\nsch 2 s 300 (prev 1993 No. 70 s 300 ) amd 2009 No. 17 s 331 sch 1 amdt 4C (amd 2010 No. 23 s 344 (6) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":835},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.4","sectionType":"division","heading":null,"content":"","sortOrder":836},{"sectionNumber":"sch.2-sec.301","sectionType":"section","heading":null,"content":"### Section sch.2-sec.301\n\nsch 2 s 301 (prev 1993 No. 70 s 301 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":837},{"sectionNumber":"sch.2-sec.302","sectionType":"section","heading":null,"content":"### Section sch.2-sec.302\n\nsch 2 s 302 (prev 1993 No. 70 s 302 ) amd 1996 No. 81 s 42 ; 1999 No. 30 s 97 ; 2009 No. 17 s 331 sch 1 amdt 4D (amd 2010 No. 23 s 344 (6) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":838},{"sectionNumber":"sch.2-sec.303","sectionType":"section","heading":null,"content":"### Section sch.2-sec.303\n\nsch 2 s 303 (prev 1993 No. 70 s 303 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":839},{"sectionNumber":"sch.2-sec.304","sectionType":"section","heading":null,"content":"### Section sch.2-sec.304\n\nsch 2 s 304 (prev 1993 No. 70 s 304 ) amd 1997 No. 17 s 74 sch ; 2007 No. 21 s 12\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":840},{"sectionNumber":"sch.2-sec.305","sectionType":"section","heading":null,"content":"### Section sch.2-sec.305\n\nsch 2 s 305 (prev 1993 No. 70 s 305 ) ins 1996 No. 81 s 43\namd 2004 No. 53 s 2 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":841},{"sectionNumber":"sch.2-sec.306","sectionType":"section","heading":null,"content":"### Section sch.2-sec.306\n\nsch 2 s 306 (prev 1993 No. 70 s 306 ) amd 1996 No. 81 s 44 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":842},{"sectionNumber":"sch.2-sec.307","sectionType":"section","heading":null,"content":"### Section sch.2-sec.307\n\nsch 2 s 307 (prev 1993 No. 70 s 307 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":843},{"sectionNumber":"sch.2-sec.308","sectionType":"section","heading":null,"content":"### Section sch.2-sec.308\n\nsch 2 s 308 (prev 1993 No. 70 s 308 ) amd 2007 No. 21 s 13\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":844},{"sectionNumber":"sch.2-sec.309","sectionType":"section","heading":null,"content":"### Section sch.2-sec.309\n\nsch 2 s 309 (prev 1993 No. 70 s 309 ) amd 2007 No. 21 s 14\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":845},{"sectionNumber":"sch.2-sec.310","sectionType":"section","heading":null,"content":"### Section sch.2-sec.310\n\nsch 2 s 310 (prev 1993 No. 70 s 310 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":846},{"sectionNumber":"sch.2-sec.311","sectionType":"section","heading":null,"content":"### Section sch.2-sec.311\n\nsch 2 s 311 (prev 1993 No. 70 s 311 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":847},{"sectionNumber":"sch.2-sec.312","sectionType":"section","heading":null,"content":"### Section sch.2-sec.312\n\nsch 2 s 312 (prev 1993 No. 70 s 312 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":848},{"sectionNumber":"sch.2-sec.313","sectionType":"section","heading":null,"content":"### Section sch.2-sec.313\n\nsch 2 s 313 (prev 1993 No. 70 s 313 ) amd 2007 No. 21 s 15\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":849},{"sectionNumber":"sch.2-sec.314","sectionType":"section","heading":null,"content":"### Section sch.2-sec.314\n\nsch 2 s 314 (prev 1993 No. 70 s 314 ) amd 1996 No. 81 s 44A ; 1999 No. 30 s 38 ; 2007 No. 21 s 16 ; 2009 No. 17 s 331 sch 1 amdt 4E (amd 2010 No. 23 s 344 (6) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":850},{"sectionNumber":"sch.2-sec.315","sectionType":"section","heading":null,"content":"### Section sch.2-sec.315\n\nsch 2 s 315 (prev 1993 No. 70 s 315 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":851},{"sectionNumber":"sch.2-sec.316","sectionType":"section","heading":null,"content":"### Section sch.2-sec.316\n\nsch 2 s 316 (prev 1993 No. 70 s 316 ) amd 1999 No. 30 s 97 ; 2007 No. 21 s 17\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":852},{"sectionNumber":"sch.2-sec.316A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.316A\n\nsch 2 s 316A (prev 1993 No. 70 s 316A ) ins 2007 No. 21 s 18\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":853},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.5","sectionType":"division","heading":null,"content":"","sortOrder":854},{"sectionNumber":"sch.2-sec.317","sectionType":"section","heading":null,"content":"### Section sch.2-sec.317\n\nsch 2 s 317 (prev 1993 No. 70 s 317 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":855},{"sectionNumber":"sch.2-sec.318","sectionType":"section","heading":null,"content":"### Section sch.2-sec.318\n\nsch 2 s 318 (prev 1993 No. 70 s 318 ) amd 1996 No. 81 s 45 ; 2007 No. 59 s 115\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":856},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.6","sectionType":"division","heading":null,"content":"","sortOrder":857},{"sectionNumber":"sch.2-sec.319","sectionType":"section","heading":null,"content":"### Section sch.2-sec.319\n\nsch 2 s 319 (prev 1993 No. 70 s 319 ) amd 1996 No. 81 s 46 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":858},{"sectionNumber":"sch.2-sec.320","sectionType":"section","heading":null,"content":"### Section sch.2-sec.320\n\nsch 2 s 320 (prev 1993 No. 70 s 320 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":859},{"sectionNumber":"sch.2-sec.321","sectionType":"section","heading":null,"content":"### Section sch.2-sec.321\n\nsch 2 s 321 (prev 1993 No. 70 s 321 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":860},{"sectionNumber":"sch.2-sec.322","sectionType":"section","heading":null,"content":"### Section sch.2-sec.322\n\nsch 2 s 322 (prev 1993 No. 70 s 322 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":861},{"sectionNumber":"sch.2-sec.323","sectionType":"section","heading":null,"content":"### Section sch.2-sec.323\n\nsch 2 s 323 (prev 1993 No. 70 s 323 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":862},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.7","sectionType":"division","heading":null,"content":"","sortOrder":863},{"sectionNumber":"sch.2-sec.324","sectionType":"section","heading":null,"content":"### Section sch.2-sec.324\n\nsch 2 s 324 (prev 1993 No. 70 s 324 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":864},{"sectionNumber":"sch.2-sec.325","sectionType":"section","heading":null,"content":"### Section sch.2-sec.325\n\nsch 2 s 325 (prev 1993 No. 70 s 325 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":865},{"sectionNumber":"sch.2-sec.326","sectionType":"section","heading":null,"content":"### Section sch.2-sec.326\n\nsch 2 s 326 (prev 1993 No. 70 s 326 ) amd 1999 No. 30 s 39\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":866},{"sectionNumber":"sch.2-sec.327","sectionType":"section","heading":null,"content":"### Section sch.2-sec.327\n\nsch 2 s 327 (prev 1993 No. 70 s 327 ) amd 1996 No. 81 s 47 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":867},{"sectionNumber":"sch.2-sec.328","sectionType":"section","heading":null,"content":"### Section sch.2-sec.328\n\nsch 2 s 328 (prev 1993 No. 70 s 328 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":868},{"sectionNumber":"sch.2-sec.329","sectionType":"section","heading":null,"content":"### Section sch.2-sec.329\n\nsch 2 s 329 (prev 1993 No. 70 s 329 ) amd 2007 No. 21 s 19\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":869},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.8","sectionType":"division","heading":null,"content":"","sortOrder":870},{"sectionNumber":"sch.2-sec.330","sectionType":"section","heading":null,"content":"### Section sch.2-sec.330\n\nsch 2 s 330 (prev 1993 No. 70 s 330 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":871},{"sectionNumber":"sch.2-sec.331","sectionType":"section","heading":null,"content":"### Section sch.2-sec.331\n\nsch 2 s 331 (prev 1993 No. 70 s 331 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":872},{"sectionNumber":"sch.2-sec.332","sectionType":"section","heading":null,"content":"### Section sch.2-sec.332\n\nsch 2 s 332 (prev 1993 No. 70 s 332 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":873},{"sectionNumber":"sch.2-sec.333","sectionType":"section","heading":null,"content":"### Section sch.2-sec.333\n\nsch 2 s 333 (prev 1993 No. 70 s 333 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":874},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.9","sectionType":"division","heading":null,"content":"","sortOrder":875},{"sectionNumber":"sch.2-sec.334","sectionType":"section","heading":null,"content":"### Section sch.2-sec.334\n\nsch 2 s 334 (prev 1993 No. 70 s 334 ) amd 2002 No. 37 s 5\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":876},{"sectionNumber":"sch.2-sec.335","sectionType":"section","heading":null,"content":"### Section sch.2-sec.335\n\nsch 2 s 335 (prev 1993 No. 70 s 335 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":877},{"sectionNumber":"sch.2-sec.336","sectionType":"section","heading":null,"content":"### Section sch.2-sec.336\n\nsch 2 s 336 (prev 1993 No. 70 s 336 ) amd 1999 No. 30 s 97 ; 2006 No. 41 s 35J\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":878},{"sectionNumber":"sch.2-sec.337","sectionType":"section","heading":null,"content":"### Section sch.2-sec.337\n\nsch 2 s 337 (prev 1993 No. 70 s 337 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":879},{"sectionNumber":"sch.2-sec.338","sectionType":"section","heading":null,"content":"### Section sch.2-sec.338\n\nsch 2 s 338 (prev 1993 No. 70 s 338 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":880},{"sectionNumber":"sch.2-sec.339","sectionType":"section","heading":null,"content":"### Section sch.2-sec.339\n\nsch 2 s 339 (prev 1993 No. 70 s 339 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":881},{"sectionNumber":"sch.2-sec.340","sectionType":"section","heading":null,"content":"### Section sch.2-sec.340\n\nsch 2 s 340 (prev 1993 No. 70 s 340 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":882},{"sectionNumber":"sch.2-sec.341","sectionType":"section","heading":null,"content":"### Section sch.2-sec.341\n\nsch 2 s 341 (prev 1993 No. 70 s 341 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":883},{"sectionNumber":"sch.2-sec.342","sectionType":"section","heading":null,"content":"### Section sch.2-sec.342\n\nsch 2 s 342 (prev 1993 No. 70 s 342 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":884},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.10","sectionType":"division","heading":null,"content":"","sortOrder":885},{"sectionNumber":"sch.2-sec.343","sectionType":"section","heading":null,"content":"### Section sch.2-sec.343\n\nsch 2 s 343 (prev 1993 No. 70 s 343 ) amd 2002 No. 37 s 2 sch ; 2006 No. 41 s 35K\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":886},{"sectionNumber":"sch.2-sec.344","sectionType":"section","heading":null,"content":"### Section sch.2-sec.344\n\nsch 2 s 344 (prev 1993 No. 70 s 344 ) amd 2006 No. 41 s 35L\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":887},{"sectionNumber":"sch.2-sec.345","sectionType":"section","heading":null,"content":"### Section sch.2-sec.345\n\nsch 2 s 345 (prev 1993 No. 70 s 345 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":888},{"sectionNumber":"sch.2-sec.346","sectionType":"section","heading":null,"content":"### Section sch.2-sec.346\n\nsch 2 s 346 (prev 1993 No. 70 s 346 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":889},{"sectionNumber":"sch.2-sec.346A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.346A\n\nsch 2 s 346A (prev 1993 No. 70 s 346A ) ins 1999 No. 30 s 40\namd 2007 No. 59 s 116\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":890},{"sectionNumber":"sch.2-sec.347","sectionType":"section","heading":null,"content":"### Section sch.2-sec.347\n\nsch 2 s 347 (prev 1993 No. 70 s 347 ) amd 1996 No. 81 s 48 ; 1999 No. 30 s 35 s ch 2 pt 1 ; 2006 No. 41 s 35M ; 2007 No. 59 s 117\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":891},{"sectionNumber":"sch.2-sec.348","sectionType":"section","heading":null,"content":"### Section sch.2-sec.348\n\nsch 2 s 348 (prev 1993 No. 70 s 348 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":892},{"sectionNumber":"sch.2-sec.349","sectionType":"section","heading":null,"content":"### Section sch.2-sec.349\n\nsch 2 s 349 (prev 1993 No. 70 s 349 ) amd 1996 No. 81 s 49 ; 1999 No. 30 s 97 ; 2006 No. 41 s 35N ; 2007 No. 59 s 118\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":893},{"sectionNumber":"sch.2-sec.350","sectionType":"section","heading":null,"content":"### Section sch.2-sec.350\n\nsch 2 s 350 (prev 1993 No. 70 s 350 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":894},{"sectionNumber":"sch.2-sec.351","sectionType":"section","heading":null,"content":"### Section sch.2-sec.351\n\nsch 2 s 351 (prev 1993 No. 70 s 351 ) amd 1997 No. 42 s 19 sch ; 1999 No. 30 s 35 s ch 2 pt 1 , s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":895},{"sectionNumber":"sch.2-sec.352","sectionType":"section","heading":null,"content":"### Section sch.2-sec.352\n\nsch 2 s 352 (prev 1993 No. 70 s 352 ) amd 1996 No. 81 s 50 ; 1999 No. 30 s 35 s ch 2 pt 1 , s 97; 2002 No. 37 s 6 ; 2006 No. 41 s 35O\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":896},{"sectionNumber":"sch.2-sec.353","sectionType":"section","heading":null,"content":"### Section sch.2-sec.353\n\nsch 2 s 353 (prev 1993 No. 70 s 353 ) ins 1996 No. 81 s 51\namd 1999 No. 30 s 41 ; 2009 No. 17 s 331 sch 1 amdt 5\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":897},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.11","sectionType":"division","heading":null,"content":"","sortOrder":898},{"sectionNumber":"sch.2-sec.354","sectionType":"section","heading":null,"content":"### Section sch.2-sec.354\n\nsch 2 s 354 (prev 1993 No. 70 s 354 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":899},{"sectionNumber":"sch.2-sec.355","sectionType":"section","heading":null,"content":"### Section sch.2-sec.355\n\nsch 2 s 355 (prev 1993 No. 70 s 355 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":900},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.12","sectionType":"division","heading":null,"content":"","sortOrder":901},{"sectionNumber":"sch.2-sec.356","sectionType":"section","heading":null,"content":"### Section sch.2-sec.356\n\nsch 2 s 356 (prev 1993 No. 70 s 356 ) amd 1999 No. 30 s 35 s ch 2 pt 1 , s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":902},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.13","sectionType":"division","heading":null,"content":"","sortOrder":903},{"sectionNumber":"sch.2-sec.357","sectionType":"section","heading":null,"content":"### Section sch.2-sec.357\n\nsch 2 s 357 (prev 1993 No. 70 s 357 ) amd 1996 No. 81 s 52 ; 1999 No. 30 s 35 s ch 2 pt 1 , s 97; 2006 No. 41 s 35P\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":904},{"sectionNumber":"sch.2-sec.358","sectionType":"section","heading":null,"content":"### Section sch.2-sec.358\n\nsch 2 s 358 (prev 1993 No. 70 s 358 ) amd 1996 No. 81 s 53 ; 1999 No. 30 s 35 s ch 2 pt 1 , s 97; 2006 No. 41 s 35Q\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":905},{"sectionNumber":"sch.2-sec.359","sectionType":"section","heading":null,"content":"### Section sch.2-sec.359\n\nsch 2 s 359 (prev 1993 No. 70 s 359 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":906},{"sectionNumber":"sch.2-sec.360","sectionType":"section","heading":null,"content":"### Section sch.2-sec.360\n\nsch 2 s 360 (prev 1993 No. 70 s 360 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":907},{"sectionNumber":"sch.2-sec.361","sectionType":"section","heading":null,"content":"### Section sch.2-sec.361\n\nsch 2 s 361 (prev 1993 No. 70 s 361 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":908},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.14","sectionType":"division","heading":null,"content":"","sortOrder":909},{"sectionNumber":"sch.2-sec.362","sectionType":"section","heading":null,"content":"### Section sch.2-sec.362\n\nsch 2 s 362 (prev 1993 No. 70 s 362 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":910},{"sectionNumber":"sch.2-sec.363","sectionType":"section","heading":null,"content":"### Section sch.2-sec.363\n\nsch 2 s 363 (prev 1993 No. 70 s 363 ) amd 1996 No. 81 s 54 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":911},{"sectionNumber":"sch.2-sec.363A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.363A\n\nsch 2 s 363A (prev 1993 No. 70 s 363A ) ins 1999 No. 30 s 42\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":912},{"sectionNumber":"sch.2-sec.364","sectionType":"section","heading":null,"content":"### Section sch.2-sec.364\n\nsch 2 s 364 (prev 1993 No. 70 s 364 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":913},{"sectionNumber":"sch.2-sec.365","sectionType":"section","heading":null,"content":"### Section sch.2-sec.365\n\nsch 2 s 365 (prev 1993 No. 70 s 365 ) amd 1996 No. 81 s 55 ; 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":914},{"sectionNumber":"sch.2-sec.366","sectionType":"section","heading":null,"content":"### Section sch.2-sec.366\n\nsch 2 s 366 (prev 1993 No. 70 s 366 ) amd 1996 No. 81 s 56 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":915},{"sectionNumber":"sch.2-sec.367","sectionType":"section","heading":null,"content":"### Section sch.2-sec.367\n\nsch 2 s 367 (prev 1993 No. 70 s 367 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":916},{"sectionNumber":"sch.2-sec.368","sectionType":"section","heading":null,"content":"### Section sch.2-sec.368\n\nsch 2 s 368 (prev 1993 No. 70 s 368 ) amd 1999 No. 30 s 97 ; 2002 No. 37 s 7\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":917},{"sectionNumber":"sch.2-sec.369","sectionType":"section","heading":null,"content":"### Section sch.2-sec.369\n\nsch 2 s 369 (prev 1993 No. 70 s 369 ) amd 1999 No. 30 s 97 ; 2002 No. 37 s 8\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":918},{"sectionNumber":"sch.2-sec.370","sectionType":"section","heading":null,"content":"### Section sch.2-sec.370\n\nsch 2 s 370 (prev 1993 No. 70 s 370 ) amd 1996 No. 81 s 57\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":919},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.15","sectionType":"division","heading":null,"content":"","sortOrder":920},{"sectionNumber":"sch.2-sec.371","sectionType":"section","heading":null,"content":"### Section sch.2-sec.371\n\nsch 2 s 371 (prev 1993 No. 70 s 371 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":921},{"sectionNumber":"sch.2-sec.372","sectionType":"section","heading":null,"content":"### Section sch.2-sec.372\n\nsch 2 s 372 (prev 1993 No. 70 s 372 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":922},{"sectionNumber":"sch.2-sec.373","sectionType":"section","heading":null,"content":"### Section sch.2-sec.373\n\nsch 2 s 373 (prev 1993 No. 70 s 373 ) ins 1996 No. 81 s 58\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":923},{"sectionNumber":"sch.2-sec.374","sectionType":"section","heading":null,"content":"### Section sch.2-sec.374\n\nsch 2 s 374 (prev 1993 No. 70 s 374 ) amd 1996 No. 81 s 59 ; 1999 No. 30 s 97\nom 2011 No. 27 s 289","sortOrder":924},{"sectionNumber":"sch.2-sec.375","sectionType":"section","heading":null,"content":"### Section sch.2-sec.375\n\nsch 2 s 375 (prev 1993 No. 70 s 375 ) sub 1996 No. 81 s 60\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":925},{"sectionNumber":"sch.2-sec.376","sectionType":"section","heading":null,"content":"### Section sch.2-sec.376\n\nsch 2 s 376 (prev 1993 No. 70 s 376 ) ins 1996 No. 81 s 60\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":926},{"sectionNumber":"sch.2-sec.377","sectionType":"section","heading":null,"content":"### Section sch.2-sec.377\n\nsch 2 s 377 (prev 1993 No. 70 s 377 ) amd 1996 No. 81 s 61 ; 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":927},{"sectionNumber":"sch.2-sec.378","sectionType":"section","heading":null,"content":"### Section sch.2-sec.378\n\nsch 2 s 378 (prev 1993 No. 70 s 378 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":928},{"sectionNumber":"sch.2-sec.379","sectionType":"section","heading":null,"content":"### Section sch.2-sec.379\n\nsch 2 s 379 (prev 1993 No. 70 s 379 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":929},{"sectionNumber":"sch.2-sec.380","sectionType":"section","heading":null,"content":"### Section sch.2-sec.380\n\nsch 2 s 380 (prev 1993 No. 70 s 380 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":930},{"sectionNumber":"sch.2-sec.381","sectionType":"section","heading":null,"content":"### Section sch.2-sec.381\n\nsch 2 s 381 (prev 1993 No. 70 s 381 ) ins 1996 No. 81 s 62\namd 2006 No. 41 s 35R\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":931},{"sectionNumber":"sch.2-sec.382","sectionType":"section","heading":null,"content":"### Section sch.2-sec.382\n\nsch 2 s 382 (prev 1993 No. 70 s 382 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":932},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.6-div.16","sectionType":"division","heading":null,"content":"","sortOrder":933},{"sectionNumber":"sch.2-sec.383","sectionType":"section","heading":null,"content":"### Section sch.2-sec.383\n\nsch 2 s 383 (prev 1993 No. 70 s 383 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nsub 2007 No. 21 s 20\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":934},{"sectionNumber":"sch.2-sec.385","sectionType":"section","heading":null,"content":"### Section sch.2-sec.385\n\nsch 2 s 385 (prev 1993 No. 70 s 385 ) amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 21\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":935},{"sectionNumber":"sch.2-sec.386","sectionType":"section","heading":null,"content":"### Section sch.2-sec.386\n\nsch 2 s 386 (prev 1993 No. 70 s 386 ) amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 22\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":936},{"sectionNumber":"sch.2-sec.387","sectionType":"section","heading":null,"content":"### Section sch.2-sec.387\n\nsch 2 s 387 (prev 1993 No. 70 s 387 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":937},{"sectionNumber":"sch.2-sec.388","sectionType":"section","heading":null,"content":"### Section sch.2-sec.388\n\nsch 2 s 388 (prev 1993 No. 70 s 388 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":938},{"sectionNumber":"sch.2-sec.389","sectionType":"section","heading":null,"content":"### Section sch.2-sec.389\n\nsch 2 s 389 (prev 1993 No. 70 s 389 ) amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 23\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":939},{"sectionNumber":"sch.2-sec.390","sectionType":"section","heading":null,"content":"### Section sch.2-sec.390\n\nsch 2 s 390 (prev 1993 No. 70 s 390 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":940},{"sectionNumber":"sch.2-sec.391","sectionType":"section","heading":null,"content":"### Section sch.2-sec.391\n\nsch 2 s 391 (prev 1993 No. 70 s 391 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":941},{"sectionNumber":"sch.2-sec.392","sectionType":"section","heading":null,"content":"### Section sch.2-sec.392\n\nsch 2 s 392 (prev 1993 No. 70 s 392 ) amd 2001 No. 25 s 13 ; 2003 No. 85 s 18 ; 2007 No. 21 s 24\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":942},{"sectionNumber":"sch.2-sec.392A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.392A\n\nsch 2 s 392A (prev 1993 No. 70 s 392A ) ins 2001 No. 25 s 14\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":943},{"sectionNumber":"sch.2-sec.392B","sectionType":"section","heading":null,"content":"### Section sch.2-sec.392B\n\nsch 2 s 392B (prev 1993 No. 70 s 392B ) ins 2007 No. 21 s 25\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":944},{"sectionNumber":"sch.2-sec.393","sectionType":"section","heading":null,"content":"### Section sch.2-sec.393\n\nsch 2 s 393 (prev 1993 No. 70 s 393 ) amd 2007 No. 21 s 26\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":945},{"sectionNumber":"sch.2-sec.394","sectionType":"section","heading":null,"content":"### Section sch.2-sec.394\n\nsch 2 s 394 (prev 1993 No. 70 s 394 ) amd 2007 No. 21 s 27\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":946},{"sectionNumber":"sch.2-sec.395","sectionType":"section","heading":null,"content":"### Section sch.2-sec.395\n\nsch 2 s 395 (prev 1993 No. 70 s 395 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":947},{"sectionNumber":"sch.2-sec.396","sectionType":"section","heading":null,"content":"### Section sch.2-sec.396\n\nsch 2 s 396 (prev 1993 No. 70 s 396 ) amd 2007 No. 21 s 28\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":948},{"sectionNumber":"sch.2-sec.397","sectionType":"section","heading":null,"content":"### Section sch.2-sec.397\n\nsch 2 s 397 (prev 1993 No. 70 s 397 ) amd 2007 No. 21 s 29\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":949},{"sectionNumber":"sch.2-sec.398","sectionType":"section","heading":null,"content":"### Section sch.2-sec.398\n\nsch 2 s 398 (prev 1993 No. 70 s 398 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":950},{"sectionNumber":"sch.2-sec.399","sectionType":"section","heading":null,"content":"### Section sch.2-sec.399\n\nsch 2 s 399 (prev 1993 No. 70 s 399 ) amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 30\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":951},{"sectionNumber":"sch.2-sec.400","sectionType":"section","heading":null,"content":"### Section sch.2-sec.400\n\nsch 2 s 400 (prev 1993 No. 70 s 400 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":952},{"sectionNumber":"sch.2-sec.401","sectionType":"section","heading":null,"content":"### Section sch.2-sec.401\n\nsch 2 s 401 (prev 1993 No. 70 s 401 ) amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 31\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":953},{"sectionNumber":"sch.2-sec.402","sectionType":"section","heading":null,"content":"### Section sch.2-sec.402\n\nsch 2 s 402 (prev 1993 No. 70 s 402 ) amd 1999 No. 30 s 35 s ch 2 pt 1 , s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":954},{"sectionNumber":"sch.2-sec.403","sectionType":"section","heading":null,"content":"### Section sch.2-sec.403\n\nsch 2 s 403 (prev 1993 No. 70 s 403 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":955},{"sectionNumber":"sch.2-sec.404","sectionType":"section","heading":null,"content":"### Section sch.2-sec.404\n\nsch 2 s 404 (prev 1993 No. 70 s 404 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":956},{"sectionNumber":"sch.2-sec.405","sectionType":"section","heading":null,"content":"### Section sch.2-sec.405\n\nsch 2 s 405 (prev 1993 No. 70 s 405 ) amd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":957},{"sectionNumber":"sch.2-sec.406","sectionType":"section","heading":null,"content":"### Section sch.2-sec.406\n\nsch 2 s 406 (prev 1993 No. 70 s 406 ) amd 1999 No. 30 s 35 s ch 2 pt 1 , s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":958},{"sectionNumber":"sch.2-sec.407","sectionType":"section","heading":null,"content":"### Section sch.2-sec.407\n\nsch 2 s 407 (prev 1993 No. 70 s 407 ) amd 1996 No. 81 s 63\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":959},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.7","sectionType":"part","heading":null,"content":"","sortOrder":960},{"sectionNumber":"sch.2-sec.408","sectionType":"section","heading":null,"content":"### Section sch.2-sec.408\n\nsch 2 s 408 (prev 1993 No. 70 s 408 ) amd 1994 No. 77 s 3 sch 2 ; 1996 No. 81 s 15 sch ; 1997 No. 42 s 17 ; 1999 No. 30 s 97 ; 2004 No. 37 s 86 sch 1 ; 2009 No. 17 s 331 sch 1 amdts 6–8\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":961},{"sectionNumber":"sch.2-sec.409","sectionType":"section","heading":null,"content":"### Section sch.2-sec.409\n\nsch 2 s 409 (prev 1993 No. 70 s 409 ) amd 1999 No. 30 s 97\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":962},{"sectionNumber":"sch.2-sec.410","sectionType":"section","heading":null,"content":"### Section sch.2-sec.410\n\nsch 2 s 410 (prev 1993 No. 70 s 410 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":963},{"sectionNumber":"sch.2-sec.411","sectionType":"section","heading":null,"content":"### Section sch.2-sec.411\n\nsch 2 s 411 (prev 1993 No. 70 s 411 ) reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":964},{"sectionNumber":"sch.2-sec.412","sectionType":"section","heading":null,"content":"### Section sch.2-sec.412\n\nsch 2 s 412 (prev 1993 No. 70 s 412 ) amd 1999 No. 59 s 60 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":965},{"sectionNumber":"sch.2-sec.413","sectionType":"section","heading":null,"content":"### Section sch.2-sec.413\n\nsch 2 s 413 (prev 1993 No. 70 s 413 ) amd 1999 No. 59 s 60 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":966},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.8","sectionType":"part","heading":null,"content":"","sortOrder":967},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":968},{"sectionNumber":"sch.2-sec.413A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.413A\n\nsch 2 s 413A (prev 1993 No. 70 s 413A ) ins 1999 No. 30 s 43\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":969},{"sectionNumber":"sch.2-sec.414","sectionType":"section","heading":null,"content":"### Section sch.2-sec.414\n\nsch 2 s 414 (prev 1993 No. 70 s 414 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289\nsch 2 s 414 def disclosure period amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 33 (1)\nsch 2 s 414 def disposition of property amd 2007 No. 21 s 33 (2)\nsch 2 s 414 def prescribed amount amd 1999 No. 30 s 35 s ch 2 pt 1 ; 2007 No. 21 s 33 (3)\nsch 2 s 414 def relevant details amd 2007 No. 21 s 33 (4)","sortOrder":970},{"sectionNumber":"sch.2-sec.415","sectionType":"section","heading":null,"content":"### Section sch.2-sec.415\n\nsch 2 s 415 (prev 1993 No. 70 s 415 ) ins 1996 No. 81 s 63A\namd 1999 No. 30 s 44 ; 2009 No. 17 s 331 sch 1 amdt 8A (amd 2010 No. 23 s 344 (7) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":971},{"sectionNumber":"sch.2-sec.416","sectionType":"section","heading":null,"content":"### Section sch.2-sec.416\n\nsch 2 s 416 (prev 1993 No. 70 s 416 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":972},{"sectionNumber":"sch.2-sec.417","sectionType":"section","heading":null,"content":"### Section sch.2-sec.417\n\nsch 2 s 417 (prev 1993 No. 70 s 417 ) ins 1996 No. 81 s 63A\namd 2001 No. 45 s 29 sch 3\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":973},{"sectionNumber":"sch.2-sec.417A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.417A\n\nsch 2 s 417A (prev 1993 No. 70 s 417A ) ins 2007 No. 21 s 34\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":974},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":975},{"sectionNumber":"sch.2-sec.418","sectionType":"section","heading":null,"content":"### Section sch.2-sec.418\n\nsch 2 s 418 (prev 1993 No. 70 s 418 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":976},{"sectionNumber":"sch.2-sec.419","sectionType":"section","heading":null,"content":"### Section sch.2-sec.419\n\nsch 2 s 419 (prev 1993 No. 70 s 419 ) ins 1996 No. 81 s 63A\namd 1999 No. 59 s 7\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":977},{"sectionNumber":"sch.2-sec.420","sectionType":"section","heading":null,"content":"### Section sch.2-sec.420\n\nsch 2 s 420 (prev 1993 No. 70 s 420 ) ins 1996 No. 81 s 63A\namd 1999 No. 59 s 60 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":978},{"sectionNumber":"sch.2-sec.421","sectionType":"section","heading":null,"content":"### Section sch.2-sec.421\n\nsch 2 s 421 (prev 1993 No. 70 s 421 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":979},{"sectionNumber":"sch.2-sec.422","sectionType":"section","heading":null,"content":"### Section sch.2-sec.422\n\nsch 2 s 422 (prev 1993 No. 70 s 422 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":980},{"sectionNumber":"sch.2-sec.423","sectionType":"section","heading":null,"content":"### Section sch.2-sec.423\n\nsch 2 s 423 (prev 1993 No. 70 s 423 ) ins 1996 No. 81 s 63A\namd 1999 No. 30 s 35 s ch 2 pt 1\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":981},{"sectionNumber":"sch.2-sec.423A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.423A\n\nsch 2 s 423A (prev 1993 No. 70 s 423A ) ins 1999 No. 30 s 45\namd 1999 No. 59 s 60 sch ; 2007 No. 21 s 35\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":982},{"sectionNumber":"sch.2-sec.424","sectionType":"section","heading":null,"content":"### Section sch.2-sec.424\n\nsch 2 s 424 (prev 1993 No. 70 s 424 ) ins 1996 No. 81 s 63A\namd 1999 No. 30 s 35 s ch 2 pt 1 ; 1999 No. 59 s 60 sch\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":983},{"sectionNumber":"sch.2-sec.425","sectionType":"section","heading":null,"content":"### Section sch.2-sec.425\n\nsch 2 s 425 (prev 1993 No. 70 s 425 ) ins 2007 No. 21 s 36\namd 2009 No. 17 s 331 sch 1 amdts 8B–8C (amd 2010 No. 23 s 344 (7) )\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":984},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.8-div.3","sectionType":"division","heading":null,"content":"","sortOrder":985},{"sectionNumber":"sch.2-sec.426","sectionType":"section","heading":null,"content":"### Section sch.2-sec.426\n\nsch 2 s 426 (prev 1993 No. 70 s 426 ) ins 1996 No. 81 s 63A\namd 1999 No. 30 s 47\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289\nsch 2 s 426 def agent ins 2007 No. 21 s 38 (2)\nsch 2 s 426 def group of candidates sub 2007 No. 21 s 38 (1) – (2)","sortOrder":986},{"sectionNumber":"sch.2-sec.427","sectionType":"section","heading":null,"content":"### Section sch.2-sec.427\n\nsch 2 s 427 (prev 1993 No. 70 s 427 ) amd 1999 No. 30 s 48 ; 2007 No. 21 s 39 ; 2009 No. 17 s 331 sch 1 amdt 9\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":987},{"sectionNumber":"sch.2-sec.427A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.427A\n\nsch 2 s 427A (prev 1993 No. 70 s 427A ) ins 1999 No. 30 s 49 ; 2007 No. 21 s 40\namd 2009 No. 17 s 331 sch 1 amdt 10\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":988},{"sectionNumber":"sch.2-sec.428","sectionType":"section","heading":null,"content":"### Section sch.2-sec.428\n\nsch 2 s 428 (prev 1993 No. 70 s 428 ) ins 1996 No. 81 s 63A\namd 2007 No. 21 s 41\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":989},{"sectionNumber":"sch.2-sec.428A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.428A\n\nsch 2 s 428A (prev 1993 No. 70 s 428A ) ins 2007 No. 21 s 42\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":990},{"sectionNumber":"sch.2-sec.428B","sectionType":"section","heading":null,"content":"### Section sch.2-sec.428B\n\nsch 2 s 428B (prev 1993 No. 70 s 428B ) ins 2007 No. 21 s 42\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":991},{"sectionNumber":"sch.2-sec.428C","sectionType":"section","heading":null,"content":"### Section sch.2-sec.428C\n\nsch 2 s 428C (prev 1993 No. 70 s 428C ) ins 2007 No. 21 s 42\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":992},{"sectionNumber":"sch.2-sec.429","sectionType":"section","heading":null,"content":"### Section sch.2-sec.429\n\nsch 2 s 429 (prev 1993 No. 70 s 429 ) ins 1996 No. 81 s 63A\namd 1999 No. 30 ss 50, 97; 2007 No. 21 s 43 ; 2009 No. 17 s 331 sch 1 amdt 11\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":993},{"sectionNumber":"sch.2-sec.430","sectionType":"section","heading":null,"content":"### Section sch.2-sec.430\n\nsch 2 s 430 (prev 1993 No. 70 s 430 ) ins 1996 No. 81 s 63A\namd 1999 No. 30 s 51 ; 2007 No. 21 s 44\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":994},{"sectionNumber":"sch.2-sec.430A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.430A\n\nsch 2 s 430A (prev 1993 No. 70 s 430A ) ins 2007 No. 21 s 45\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":995},{"sectionNumber":"sch.2-sec.431","sectionType":"section","heading":null,"content":"### Section sch.2-sec.431\n\nsch 2 s 431 (prev 1993 No. 70 s 431 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":996},{"sectionNumber":"sch.2-sec.432","sectionType":"section","heading":null,"content":"### Section sch.2-sec.432\n\nsch 2 s 432 (prev 1993 No. 70 s 432 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":997},{"sectionNumber":"sch.2-sec.432A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.432A\n\nsch 2 s 432A (prev 1993 No. 70 s 432A ) ins 2007 No. 21 s 47\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":998},{"sectionNumber":"sch.2-sec.432B","sectionType":"section","heading":null,"content":"### Section sch.2-sec.432B\n\nsch 2 s 432B (prev 1993 No. 70 s 432B ) ins 2007 No. 21 s 47\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":999},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.8-div.4","sectionType":"division","heading":null,"content":"","sortOrder":1000},{"sectionNumber":"sch.2-sec.433","sectionType":"section","heading":null,"content":"### Section sch.2-sec.433\n\nsch 2 s 433 (prev 1993 No. 70 s 433 ) ins 1996 No. 81 s 63A\namd 2009 No. 17 s 331 sch 1 amdt 12\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1001},{"sectionNumber":"sch.2-sec.434","sectionType":"section","heading":null,"content":"### Section sch.2-sec.434\n\nsch 2 s 434 (prev 1993 No. 70 s 434 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1002},{"sectionNumber":"sch.2-sec.435","sectionType":"section","heading":null,"content":"### Section sch.2-sec.435\n\nsch 2 s 435 (prev 1993 No. 70 s 435 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1003},{"sectionNumber":"sch.2-sec.435A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.435A\n\nsch 2 s 435A (prev 1993 No. 70 s 435A ) ins 2007 No. 21 s 48\nreloc 2009 No. 17 s 331 sch 1\nom 2011 No. 27 s 289\nsch 2 s 435A def nomination entity sub 2009 No. 17 s 331 sch 1 amdt 16B (amd 2010 No. 23 s 344 (8) )","sortOrder":1004},{"sectionNumber":"sch.2-sec.435B","sectionType":"section","heading":null,"content":"### Section sch.2-sec.435B\n\nsch 2 s 435B (prev 1993 No. 70 s 435B ) ins 2007 No. 21 s 48\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1005},{"sectionNumber":"sch.2-sec.435C","sectionType":"section","heading":null,"content":"### Section sch.2-sec.435C\n\nsch 2 s 435C (prev 1993 No. 70 s 435C ) ins 2007 No. 21 s 48\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1006},{"sectionNumber":"sch.2-sec.435D","sectionType":"section","heading":null,"content":"### Section sch.2-sec.435D\n\nsch 2 s 435D (prev 1993 No. 70 s 435D ) ins 2007 No. 21 s 48\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1007},{"sectionNumber":"sch.2-sec.435E","sectionType":"section","heading":null,"content":"### Section sch.2-sec.435E\n\nsch 2 s 435E (prev 1993 No. 70 s 435E ) ins 2007 No. 21 s 48\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1008},{"sectionNumber":"sch.2-sec.436","sectionType":"section","heading":null,"content":"### Section sch.2-sec.436\n\nsch 2 s 436 (prev 1993 No. 70 s 436 ) ins 1996 No. 81 s 63A\namd 2007 No. 21 s 49 ; 2009 No. 17 s 331 sch 1 amdt 13\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1009},{"sectionNumber":"sch.2-sec.437","sectionType":"section","heading":null,"content":"### Section sch.2-sec.437\n\nsch 2 s 437 (prev 1993 No. 70 s 437 ) ins 1996 No. 81 s 63A\namd 1999 No. 59 s 10\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1010},{"sectionNumber":"sch.2-sec.438","sectionType":"section","heading":null,"content":"### Section sch.2-sec.438\n\nsch 2 s 438 (prev 1993 No. 70 s 438 ) ins 1996 No. 81 s 63A\namd 1999 No. 59 s 11\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1011},{"sectionNumber":"sch.2-sec.439","sectionType":"section","heading":null,"content":"### Section sch.2-sec.439\n\nsch 2 s 439 (prev 1993 No. 70 s 439 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1012},{"sectionNumber":"sch.2-sec.440","sectionType":"section","heading":null,"content":"### Section sch.2-sec.440\n\nsch 2 s 440 (prev 1993 No. 70 s 440 ) ins 1996 No. 81 s 63A\namd 2009 No. 17 s 331 sch 1 amdt 14\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1013},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.8-div.6","sectionType":"division","heading":null,"content":"","sortOrder":1014},{"sectionNumber":"sch.2-sec.441","sectionType":"section","heading":null,"content":"### Section sch.2-sec.441\n\nsch 2 s 441 (prev 1993 No. 70 s 441 ) ins 1996 No. 81 s 63A\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1015},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.9","sectionType":"part","heading":null,"content":"","sortOrder":1016},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.9-div.2","sectionType":"division","heading":null,"content":"","sortOrder":1017},{"sectionNumber":"sch.2-sec.441B","sectionType":"section","heading":null,"content":"### Section sch.2-sec.441B\n\nsch 2 s 441B (prev 1993 No. 70 s 441B ) ins 2007 No. 21 s 50\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1018},{"sectionNumber":"sch.2-ch.CHAPTER_5-pt.9-div.3","sectionType":"division","heading":null,"content":"","sortOrder":1019},{"sectionNumber":"sch.2-sec.441C","sectionType":"section","heading":null,"content":"### Section sch.2-sec.441C\n\nsch 2 s 441C (prev 1993 No. 70 s 441C ) ins 2007 No. 21 s 50\nsch 2 s 441C def caretaker period amd 2008 No. 74 s 227\nsub 2009 No. 17 s 331 sch 1 amdt 16D (amd 2010 No. 23 s 344 (8) )\nsch 2 s 441C reloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1020},{"sectionNumber":"sch.2-sec.441D","sectionType":"section","heading":null,"content":"### Section sch.2-sec.441D\n\nsch 2 s 441D (prev 1993 No. 70 s 441D ) ins 2007 No. 21 s 50\namd 2009 No. 17 s 331 sch 1 amdt 15\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1021},{"sectionNumber":"sch.2-sec.441E","sectionType":"section","heading":null,"content":"### Section sch.2-sec.441E\n\nsch 2 s 441E (prev 1993 No. 70 s 441E ) ins 2007 No. 21 s 50\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1022},{"sectionNumber":"sch.2-sec.441F","sectionType":"section","heading":null,"content":"### Section sch.2-sec.441F\n\nsch 2 s 441F (prev 1993 No. 70 s 441F ) ins 2007 No. 21 s 50\nreloc 2009 No. 17 s 331 sch 1 amdt 17\nom 2011 No. 27 s 289","sortOrder":1023},{"sectionNumber":"sch.2-sec.1077A","sectionType":"section","heading":null,"content":"### Section sch.2-sec.1077A\n\nsch 2 s 1077A (prev 1993 No. 70 s 1077A ) ins 2007 No. 21 s 53\namd 2009 No. 17 s 331 sch 1 amdt 18\nreloc 2009 No. 17 s 331 sch 1 amdt 19\nom 2011 No. 27 s 289","sortOrder":1024}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 2009 Act has had its scope materially expanded and refined through multiple amendments. Notable scope changes include: the addition of an entire chapter on joint local governments (inserted 2012), which created a new tier of governance not in the original Act; the introduction of restrictions on council laws regulating sex work (inserted 2024), reflecting significant social policy change; the addition of the State interest check requirement for local laws (inserted 2010); the expansion of prohibited local law subjects (swimming pool safety, sex work); and amendments restricting who can initiate boundary change proposals to the Minister only (substituted 2013, removing any prior ability for others to initiate). The 2026 amendment to section 12 suggests councillor responsibility provisions are still evolving."},"complexity_factors":["Multiple layers of government involved (local, State, Governor in Council, Minister, electoral commission) with distinct and overlapping roles","Extensive cross-referencing to other Acts (City of Brisbane Act, Planning Act, Building Act, Public Sector Ethics Act, Electoral Act, Local Government Electoral Act, Duties Act, Acts Interpretation Act, Legislative Standards Act)","Hierarchical structure of local laws (local laws, subordinate local laws, interim local laws, model local laws) with different rules applying to each type","Joint local government framework introduces a third tier of governance with its own constitutional requirements, financial rules, and power limitations","Nuanced limitations on council powers — general powers are broad but carved back by specific prohibitions in multiple divisions","Electoral representation formula (reasonable proportion of electors) requires mathematical calculation with variable thresholds","Change commission process involves multiple procedural steps, independence requirements, and non-appealable decisions","Provisions have been amended multiple times (2009–2026) creating layered legislative history that affects interpretation","Anti-competitive provisions trigger a separate regulatory review process not fully detailed in this excerpt"],"plain_english_summary":"## Queensland's Local Government Act 2009 — What It Means For You\n\nThis is Queensland's foundational law governing how local councils (like your city, town, shire or regional council) are set up, run, and held accountable.\n\n### What does it actually do?\n\n**Defines what a council is and what it can do**\nA local government is an elected body responsible for governing a specific area of Queensland. It can do anything \"necessary or convenient\" for good local governance — but only things the State of Queensland itself could lawfully do. Councils can even operate outside their area (including interstate) with the Minister's written approval.\n\n**Sets out what councillors and council staff must do**\n- **All councillors** must represent residents' current and future interests, provide leadership, participate in decision-making, and be accountable to the community.\n- **The mayor** has extra duties: chairing meetings, directing and appraising the CEO, being the official council spokesperson, and representing the council at formal events.\n- **Council employees** must act with integrity, deliver services efficiently, and follow ethics rules under Queensland's Public Sector Ethics Act.\n- **The CEO** has the heaviest obligations — managing resources, equal opportunity employment, maintaining records, and responding to councillor requests for information.\n\n**Controls how council boundaries and structures can change**\nIf someone wants to change a council's boundaries, its divisions (sub-areas), the number of councillors, the council's name, or its classification (e.g. from a shire to a city), only the Minister can kick off that process. An independent body called the **Local Government Change Commission** then assesses whether the change is in the public interest. The Governor in Council (the Premier and Cabinet) makes it official via a regulation. These decisions cannot be appealed.\n\n**Governs 'joint local governments'**\nTwo or more councils can formally join together to create a **joint local government** — a shared body to handle specific responsibilities (like managing an aerodrome) across their combined areas. Joint local governments are legally recognised entities that can sue and be sued, but they **cannot** levy rates or charges on land.\n\n**Regulates how councils make their own laws ('local laws')**\nCouncils can make local laws (basically council-level legislation) to manage their area — things like parking rules, noise restrictions, or animal management. However, councils **cannot** make local laws about:\n- Telecommunications connections to homes\n- Election advertising (how-to-vote cards, election signs)\n- Duplicating the State's planning/development approval processes\n- **Sex work** (councils cannot prohibit or regulate it — this is a newer addition)\n- Swimming pool barrier safety (this is now handled by State law)\n- Anti-competitive rules (without following a special review process)\n\nState law always overrides council law if there's a conflict. The Minister can suspend or revoke a local law if it contradicts other laws or isn't in the State's interest — and that decision cannot be appealed.\n\n### Who does this affect?\n- **Queensland residents and ratepayers** — it shapes how your council is structured, how councillors behave, and what rules they can impose locally.\n- **Councillors and council staff** — it sets out their specific legal duties and obligations.\n- **Businesses** — local laws (or the absence of them) affect what you can do in a council area.\n- **People in the sex industry** — councils are specifically prohibited from making local laws targeting sex work.\n- **Anyone affected by council boundary changes** — the process is tightly controlled by the State."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2009 scope through multiple amendments. Notable expansions include: (1) Chapter 2A (inserted 2012) creating an entirely new framework for joint local governments; (2) Section 37A (inserted 2024) adding prohibitions on regulating sex work; (3) Section 38AA (inserted 2010/renumbered 2011) removing local government power over swimming pool safety; (4) Section 38AB (inserted 2012) giving the Minister power to suspend/revoke local laws; and (5) Section 29A (inserted 2010/substituted 2012) adding State interest checks. The original Act focused on basic constitution and local law-making, but has expanded to cover complex cooperative arrangements, detailed electoral reviews, and significant State oversight mechanisms."},"complexity_factors":["Multiple cross-references to other Acts (Constitution of Queensland 2001, City of Brisbane Act 2010, Electoral Act, Public Sector Ethics Act 1994, Planning Act, Building Act, etc.)","Nested conditional logic in sections 9 and 25E regarding extraterritorial powers and joint government arrangements","Multiple defined terms with specific statutory meanings (e.g., 'local government change', 'joint local government', 'component local government', 'interim local law', 'subordinate local law')","Exceptions to general rules (e.g., section 37 allowing certain local laws about advertising devices despite the general prohibition on alternative development processes)","Temporal limitations and sunset clauses (e.g., section 38AA requiring repeal of swimming pool safety provisions by 1 January 2017)","Delegated legislative power allowing regulations to prescribe details (e.g., division boundaries, anti-competitive provision procedures)","Complex interaction between local government powers and joint local government powers, including delegation mechanisms (sections 9(7)-(8), 25G)","Specific mathematical formulas for electoral representation (section 15) with variable thresholds based on population size"],"plain_english_summary":"This legislation is the **Local Government Act 2009** (Queensland), which sets up the rules for how local councils operate in Queensland.\n\n**What it does:**\n- **Establishes local governments**: Defines what a local government is (an elected body responsible for the 'good rule and local government' of an area), what a local government area is, and how areas can be divided into divisions (wards).\n- **Sets out powers and responsibilities**: Gives local governments broad powers to do anything 'necessary or convenient' for governing their area, including cooperating with other governments through joint activities. However, they can only do what the State can validly do, and State laws always override local laws if there's a conflict.\n- **Defines roles**: Clearly separates the responsibilities of **councillors** (who represent residents, provide leadership, and make policy) from **employees** (who implement policies). The **mayor** has extra duties like managing meetings and overseeing the chief executive officer.\n- **Creates a process for changing boundaries**: Sets up the **Local Government Change Commission** to assess proposals to change council boundaries, names, or the number of councillors. Only the Minister can propose these changes, and the Governor in Council makes the final decision.\n- **Allows joint local governments**: Lets multiple councils create a joint entity to manage shared services (like an aerodrome), with specific rules about how these are established, funded, and wound up.\n- **Regulates local laws**: Sets out how councils can make local laws (by-laws), including requirements for public notification, State interest checks, and limits on what they can regulate (e.g., they can't regulate telecommunications connections, election advertising, development processes, or sex work). The Minister can suspend or revoke local laws that conflict with State interests.\n\n**Who it affects:**\n- **Queensland residents**: Anyone living in a council area, as it determines how they're represented and what services councils can provide.\n- **Councillors and mayors**: Sets their duties, powers, and limitations.\n- **Council employees**: Establishes their responsibilities, particularly the chief executive officer.\n- **Local governments**: Provides the legal framework for their operation, including how they can merge, split, or cooperate.\n\n**Why it matters:**\nThis Act is the foundational law that determines how local democracy works in Queensland. It balances local autonomy with State oversight, ensures fair representation through regular reviews of electoral divisions, and provides mechanisms for councils to work together or restructure. It also protects certain areas (like development assessment and sex work) from being regulated differently by different councils, ensuring consistency across the State."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared to a baseline of a simple local government framework, this Act expands and formalises oversight, financial controls and councillor conduct management. It creates an Independent Assessor, investigator powers with compulsory information notices and seizure procedures, a conduct tribunal with formal hearing and sanctioning powers, and explicit personal liability for councillors in certain financial missteps (ss150CT–150CU, ss150CH–150CJ, ss150AJ–150AR, ss110–112). It also tightens financial planning and accountability requirements for councils (s104), centralises remedial supervision by the department and Minister (ss113–119), and leaves many operational details to regulation (s270). These features extend the scope of administrative oversight and enforcement mechanisms applied to local government and councillors, and shift more compliance, reporting and potential personal financial risk onto councils and individual councillors."},"complexity_factors":["Extensive cross-referencing between governance, financial, conduct and investigation provisions (e.g. financial controls s104 linked to audit s105 and remedial powers ss113–119).","Layered complaint and enforcement system with multiple decision points: assessor preliminary assessment, local government handling, investigator powers, conduct tribunal hearings and Ministerial remedial steps (chapter 5A and ss113–119).","Multiple statutory regimes overlapping (rates and charges, cost-recovery fees, utility charges, superannuation, conflict-of-interest rules, caretaker/disaster exceptions) each with its own procedures and regulatory detail (ss91–100, ss97–98, ss216–226, ss150EK–150FA, ss90BA–90BB).","Significant delegated and discretionary powers vested in Minister, department chief executive, Independent Assessor and investigators, producing dependence on executive practice and subordinate instruments (ss116–119, s150CU, s150BA).","Detailed procedural safeguards and strict time limits for complaints, notices and reviews, increasing administrative complexity (ss150Q, 150SB–150SD, 150CP–150CQ).","Criminal and civil penalties across many provisions, with differing scales and consequences (e.g. penalty units, imprisonment, personal financial liability for councillors) requiring precise compliance (ss150EM, s150AW, ss110–112).","Warrant and search procedures that interact with magistrates, electronic applications and statutory evidentiary rules (ss130–131, s150BI–150BM).","Transitional and savings provisions spanning many parts of the Act, which preserve previous arrangements in specified circumstances and require careful mapping for ongoing cases (multiple ss in Parts 11–12).","Heavy reliance on regulations to fill in substantive operational detail (e.g. training standards, insurance minima, fee rules), making legal effect contingent on delegated legislation (s270 and multiple other references)."],"plain_english_summary":"This Act sets out what local governments in Queensland are allowed to do, how they must manage money and people, and how councillors must behave. It defines powers and duties for councils, councillors, senior staff and a new independent integrity system, and prescribes practical tools for enforcing rules and recovering money.\n\nKey practical changes and how they work\n\n- What a local government is and where it applies: a local government is an elected body responsible for governing a defined area of Queensland; areas may be divided into divisions and the regulation can name/classify areas and fix councillor numbers (s8(1)–(4)).\n\n- Broad power to act locally: a council may do anything necessary or convenient for the good rule and local government of its area, but only things the State can validly do (s9(1)–(2)).\n\n- Money councils raise and how it’s charged: councils must levy general rates on all rateable land (subject to limited exemptions) and may levy special rates, utility charges and separate rates; councils may categorise land and set differential rates and must fix rates at the budget meeting each financial year (ss91–94). Certain named small/indigenous councils can be regulated not to levy rates (s94A).\n\n- Fees and cost recovery: councils may fix cost‑recovery fees for specified local government actions but fees must not exceed the council’s cost of taking the action; rules about who pays and when must appear in the local law or resolution and be kept in a public register (ss97–98). Councils may also levy fees on occupiers of structures below the high‑water mark and in some Indigenous shires may levy resident fees (ss99–100).\n\n- Financial control and accountability requirements: councils must have a financial management system, including long‑term asset plans, a corporate plan, long‑term financial forecasts and an annual budget; they must follow sound contracting principles and maintain specified financial policies (s104). Councils must keep internal audit functions and, if large, an audit committee (s105). Councils must maintain insurance at regulatory minimums (s107).\n\n- Direct personal liabilities for councillors in specific financial cases: councillors who knowingly agree to unauthorised disbursements, unlawful loans/guarantees or unlawful borrowings may be held jointly and severally liable to repay amounts with interest and costs (ss110–112, including interest at the overdue‑rates rate).\n\n- Remedial and supervisory powers: the department’s chief executive may examine records and investigate council or councillor performance; if problems are found the chief executive may recommend remedial action to the Minister, and the Minister may require publishing of failings (s113–116). The chief executive may appoint advisors or a financial controller with statutory powers to implement financial controls; councils must cooperate and may be directed to pay the controller’s salary/expenses (ss117–119).\n\n- Caretaker period and disaster exceptions: the Act restricts major policy decisions during caretaker periods but allows Ministerial approval in exceptional circumstances or where disaster‑recovery objectives require decisions (ss90BA–90C). Unapproved major policy decisions made in caretaker period are invalid and related contracts are void; persons acting in good faith may be entitled to compensation (ss90C(1)–(4)).\n\n- Investigation and entry powers: authorised persons and investigators can seek consent to enter private property, apply for warrants, or use electronic warrant procedures where urgent; warrants require magistrate satisfaction that evidence of an offence under the Local Government Act may be at the place (ss129–131, s150BI et seq.). Investigators must follow consent procedures, produce identity cards, limit damage and give receipts and notices after seizures; there are processes for retention, return or forfeiture of seized items and compensation claims against the State for loss from investigator actions (ss150BE–150CN).\n\n- Councillor conduct, complaints and sanctions: the Act establishes a behavioural code, model meeting procedures, an Independent Assessor (Office of the Independent Assessor) and a conduct tribunal to handle complaints and disciplinary proceedings (ss150D–150F, s150CT, s150CU). Anyone can complain to the assessor (s150O); there are preliminary assessment, investigation and referral steps with tight timelines and grounds for dismissal or further action (ss150SD–150T).\n\n  - The assessor may refer minor conduct to the local government to deal with (local actions include apologies, reprimands, training at councillor expense, exclusion from meetings, orders to reimburse council costs) (s150AH).\n  - For misconduct the assessor can apply to the conduct tribunal; the tribunal may order disciplinary measures up to recommending suspension or dismissal to the Minister, fines up to a monetary amount (linked to penalty units), or require reimbursement (ss150AJ–150AR).\n  - There are criminal and civil penalties for vexatious or malicious complaints, reprisals against complainants, giving false information, obstructing officials, and failing to comply with investigator notices (multiple provisions in chapter 5A and related sections).\n\n- Conflicts of interest: the Act separates “prescribed” conflicts (which bar participation) and “declarable” conflicts (which require disclosure and management by eligible councillors). Procedures require immediate disclosure at meetings or prompt written notice, leaving the meeting while the matter is decided, and formal recording in minutes and registers; non‑compliance is misconduct and attracts penalty units and possible criminal penalties for serious breaches (ss150EK–150FA).\n\n- Training and registers: councillors must complete approved training courses within regulatory periods (s169A). Councils must keep public registers of cost‑recovery fees and delegations, and record conflicts of interest and decisions in minutes and registers (ss98, s260, s150FA).\n\n- Employment and superannuation: the Act continues and renames local government superannuation arrangements (“Brighter Super”), defines who is a permanent employee for superannuation purposes, sets employer and employee contribution rules, and prevents most councils from establishing new employee super schemes outside the established arrangements (parts in ss216–226 and related).\n\n- Delegation and administrative processes: councils may delegate many powers to mayors, CEOs, committees or other councils but must record delegations in a public register and some powers (e.g., certain conduct decisions) have restricted delegation paths (ss257–260). The Minister and department chief executive may delegate powers to qualified persons (ss255–256).\n\nWho pays, who decides, and behaviour changes (mechanics and incentives)\n\n- Who pays: residents and landowners pay general and special rates, utility charges and other fees (ss92–95). Occupiers of certain foreshore structures and residents in specified shires may face special fees (ss99–100). Councils can recover costs via cost‑recovery fees but those fees are capped by the council’s cost of the action (s97). Councils (or the State if directed) may recover costs of advisors/controllers from the council (s119). Individual councillors may be personally liable to repay amounts and interest for unauthorised disbursements, loans/guarantees or unlawful borrowings they knowingly agreed to (ss110–112).\n\n- Who decides: the Minister and the department’s chief executive have investigation and remedial powers (ss113–116). The Independent Assessor decides preliminary assessments and conducts investigations of councillor conduct and may prosecute conduct‑provision offences (s150CU). Local governments decide many internal disciplinary matters and may be asked to deal with conduct breaches referred to them (s150AH). The conduct tribunal decides serious misconduct and can recommend suspension/dismissal (ss150AJ–150AR). Magistrates handle warrants for entry/searches (s130).\n\n- Behavioural incentives and compliance burdens: councillors face mandatory training (s169A), disclosure obligations (ss150EL/150EQ) and the risk of public and private sanctions (s150AH, s150AR). Councils must adopt and maintain detailed financial systems, plan documents and audit functions (s104–105). Investigative powers and penalties create incentives to comply with information requests and to avoid obstructive or misleading conduct (ss150CH–150CJ, s234). The procedures for seizure, return and compensation impose both compliance steps and potential costs in contested cases (ss150CC–150CN).\n\nDiscretion, concentrated benefits and trade‑offs\n\n- Ministerial discretion: the Minister has broad remedial powers and can approve otherwise restricted decisions (e.g. during caretaker periods) (ss90BA–90BB, ss116–119). These powers are subject to procedural notice requirements but are not appealable in some parts (s114). This concentrates decision power in the Minister and department for certain oversight and emergency situations.\n\n- Assessor and investigator discretion: the Independent Assessor has discretion at the preliminary stage to dismiss, refer, investigate or take no action; investigator powers include compulsory information notices and hearings with penalties for non‑compliance (ss150SD, s150CH–150CJ). That creates a channel for both targeted enforcement and potential administrative burden on councils and individuals.\n\n- Costs and opportunity costs: compliance requires councils to keep and publish many documents; maintain audit and financial controls; respond to investigations; and possibly pay for advisors/controllers. Individual councillors face training time and the risk of personal financial liability in specific financial misconduct cases (s104, s105, ss110–112, s169A). Councils may need to budget for these compliance and supervisory activities (s104(5)–(7)).\n\nImplementation risks and safeguards\n\n- Many provisions rely on subordinate regulation to set detail (e.g. training rules, financial thresholds, insurance minimums, and fee categories) which means practical effect depends on regulatory instruments (s8(4), s104, s169A, s270). \n- The Act provides internal review and external review pathways for assessor and investigator decisions (internal review under s150CO–CQ and QCAT review rights s150CR), and sets out publication and confidentiality rules to limit disclosure of sensitive information (s150AS, s150CK).\n\nWhy it matters\n\n- The Act defines how councils raise revenue, spend money, plan financial sustainability, run their businesses and manage councillor conduct and conflicts. It creates an independent complaints and investigation framework, strengthens financial controls and sets out clear penalties and remedies for non‑compliance. Practically, that alters the compliance workload, accountability lines and financial risk for councils and councillors, while centralising certain supervisory powers in the Minister, the department and the Independent Assessor (see especially ss94, 104, 113–119, 150CT–150CU)."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-act-2009","history":"/api/acts/local-government-act-2009/history","analysis":"/api/acts/local-government-act-2009/analysis","conflicts":"/api/acts/local-government-act-2009/conflicts","importantCases":"/api/acts/local-government-act-2009/important-cases","documents":"/api/acts/local-government-act-2009/documents"}}