{"id":"local-government-act-2019","name":"Local Government Act 2019","slug":"local-government-act-2019","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30321,"registerId":"nt-local-government-act-2019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Act binds Crown","content":"3 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Principles","content":"4 Principles\n(1) The underlying principles of this Act are as follows:\n(a) local government is a distinct and essential sphere of\ngovernment;\n(b) the system of local government:\n(i) needs to be flexible and adaptable to the diverse\ninterests and needs of the many communities within the\nTerritory; and\n\nLocal Government Act 2019 2\n(ii) needs to be comprehensive, democratic, responsive to\ncommunity needs and accountable both to local\ncommunities and the public generally.\n(2) Anyone exercising a power or performing a function under this Act\nmust, as far as practicable, uphold the principles.\n(3) However, the principles do not affect the operation of any law in\nforce in the Territory.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Rights and interests of Aboriginal traditional owners","content":"5 Rights and interests of Aboriginal traditional owners\nThe rights and interests of Aboriginal traditional owners, as set out\nin the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)\nand the Native Title Act 1993 (Cth), are to be recognised and the\ndelivery of local government services must be in harmony with\nthose Acts.\n","sortOrder":2},{"sectionNumber":"6","sectionType":"section","heading":"Overview","content":"6 Overview\nThis Act provides for the following:\n(a) the establishment of a democratic and effective system of\nlocal government that recognises the diversity of communities\nin the Territory;\n(b) the conferral of wide powers on councils to act for the\nadvancement, and in the best interests, of their local\ncommunities;\n(c) the enabling of councils to play a broad role in promoting the\nsocial, economic, environmental, and cultural well-being of\ntheir local communities;\n(d) the imposition of high standards of ethical conduct on council\nmembers;\n(e) the requirement on councils of high standards of governance,\nservice delivery, asset management and financial\naccountability;\n(f) the requirement on councils to promote and assist\nconstructive participation by their local communities in\nachieving effective local government for their areas.\n\nLocal Government Act 2019 3\n","sortOrder":3},{"sectionNumber":"7","sectionType":"section","heading":"Definitions","content":"7 Definitions\nIn this Act:\nAboriginal community living area means an area granted as an\nAboriginal community living area under Part 8 of the Pastoral Land\nAct 1992, or the corresponding previous legislative provisions.\nAboriginal community living area association means an\nincorporated association in which an Aboriginal community living\narea is vested.\nacting in an official capacity, in relation to a person or officer,\nmeans the person or officer is exercising powers or performing\nfunctions under, or otherwise related to the administration of, this\nAct.\nadministrative review committee, see section 324(1).\naffected person, for an NTCAT reviewable decision, see\nsection 327(2).\nallotment, see section 225.\nannual return of interests:\n(a) for a council member – see section 110(1); or\n(b) for a staff member of a council or local government\nsubsidiary – see section 178(1) or (2).\napproved form means a form approved under section 341.\narea, of a council, means the local government area for which the\ncouncil is constituted.\nassessed value, see section 227(2).\nassessment record means the assessment record maintained\nunder section 230.\nassociate, see section 8.\naudit committee means an audit committee established and\nmaintained by a council under section 86(1).\nauditor, means the person appointed by a council as an auditor for\nthe council under section 209.\n\nLocal Government Act 2019 4\nAustralian Accounting Standards means the following standards\nin force from time to time and published by the Australian\nAccounting Standards Board:\n(a) Accounting Standards;\n(b) Statements of Accounting Concepts;\n(c) Interpretations;\n(d) Framework for the Preparation and Presentation of Financial\nStatements.\nAustralian Accounting Standards Board means the Office of the\nAustralian Accounting Standards Board established by section 226\nof the Australian Securities and Investments Commission\nAct 2001 (Cth).\nauthorised deposit account, for Chapter 10, Part 10.1, see\nsection 191.\nauthorised person means a person appointed to be an authorised\nperson under section 183.\nborrowing, for Chapter 10, Part 10.3, see section 196.\nby-election means a by-election mentioned in section 136.\ncampaign donation return, for Chapter 8, Part 8.6, see\nsection 147(1).\ncampaign material, for Chapter 8, Part 8.7, see section 158.\ncasual vacancy means a vacancy in the office of a member of a\ncouncil under section 50.\ncemetery plan, see section 7 of the Burial and Cremation\nCEO, of a council, means the council's chief executive officer as\nappointed under section 165(1), who is in charge of day-to-day\noperations of the council.\nCEO of the Agency means the Chief Executive Officer of the\nAgency.\nchairperson, of a meeting of:\n(a) a council – see section 95; or\n(b) an audit committee – see section 98; or\n\nLocal Government Act 2019 5\n(c) a council committee – see section 98; or\n(d) a local authority – see section 98.\nchief executive, of a local government subsidiary, means the local\ngovernment subsidiary's chief executive as appointed under\nsection 71(1), who is in charge of day-to-day operations of the local\nclose family relationship means:\n(a) the relationship between spouses or de facto partners; or\n(b) the relationship between a person and:\n(i) the person's child or grandchild; or\n(ii) the child or grandchild of the person's spouse or de facto\npartner; or\n(c) the relationship between a person and:\n(i) the person's parent or grandparent; or\n(ii) the parent or grandparent of the person's spouse or de\nfacto partner; or\n(d) the relationship between siblings.\ncommission of inquiry means a commission of inquiry established\nby the Minister under section 309.\ncommissioner means a person appointed by the Minister to be a\ncommissioner under section 309(2).\ncommittee, for Chapter 3, see section 26.\ncommunity cemetery, see section 7 of the Burial and Cremation\ncompliance date, for Chapter 10, Part 10.9, see section 214(2).\nconclusion, in relation to an election, means the declaration of a\npoll, or if there is no poll, on declaration that the candidates for\nelection are elected.\nconditionally rateable, in relation to land, see section 219.\nconflict of interest, in relation to a member of an audit committee,\na council, a council committee or a local authority, see section 114.\n\nLocal Government Act 2019 6\nconstituent council means a council that forms a local\ngovernment subsidiary under section 67(1).\ncorporation, for Chapter 8, Part 8.6, see section 147(1).\ncouncil, for an area, means the local government council\nconstituted for that area under section 14(b).\ncouncil area means the area for which the council is constituted\nunder section 14(b).\ncouncil committee means a council committee established by a\ncouncil under section 82.\ncouncil panel, for Chapter 7, Part 7.4, Division 2, see\nsection 122(2)(b).\ncouncil senior staff member means a staff member of the council\nwho is:\n(a) employed in a position in the management level immediately\nbeneath the CEO (of the council) in the council's\norganisational structure; and\n(b) directly reporting to the CEO (of the council).\nCrown land, see section 3 of the Crown Lands Act 1992.\ndecision maker, for Chapter 11, Part 11.4, section 233(5).\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision and the reasons for it; and\n(b) any right the person to whom the notice is to be given has,\nunder this Act or another Act, to apply for a review of the\ndecision, to apply for a consideration of the matter or to appeal\nthe decision.\nDeputy CEO, of a council, see section 165(2).\ndeputy principal member, of a council, means the member\nappointed by the council to be the deputy principal member under\nsection 61(3).\ndetails, for Chapter 8, Part 8.6, see section 147(1).\ndisclosure period, for Chapter 8, Part 8.6, see section 147(1).\ndisposition of property, for Chapter 8, Part 8.6, see\nsection 147(1).\n\nLocal Government Act 2019 7\ndonation, for Chapter 8, Part 8.6, see section 147.\nelection means a general election or a by-election.\nelection day means the day fixed by or under this Act for an\nelector, for an area or a ward, means a person:\n(a) who is an elector within the meaning of section 3 of the\nElectoral Act 2004; and\n(b) who is enrolled within the meaning of section 3 of the Electoral\nAct 2004 in respect of a place of residence that is in the ward\nor area.\nelectoral matter, for Chapter 8, Part 8.7, see section 159.\nelectoral roll means a roll of electors prepared by the Electoral\nCommission for an area or a ward under section 139.\nentity, for Chapter 8, Part 8.6, see section 147(1).\nexempt land, for Chapter 11, Part 11.1, see section 222.\nfacility, see section 7 of the Burial and Cremation Act 2022.\ngeneral election means:\n(a) a general election mentioned in section 134 or 319; or\n(b) a periodic general election mentioned in section 135.\ngeneral rates, see section 237.\nguidelines mean guidelines made by the Minister under\nsection 342.\ninspector means an inspector of local government appointed under\nsection 294.\ninvestigator, see section 318(2)(c)(ii).\nland includes:\n(a) for land held under a pastoral lease or other lease from the\nCrown – the leasehold interest; and\n(b) for land held under a lease from a Land Trust – the leasehold\ninterest; and\n\nLocal Government Act 2019 8\n(c) for land within an Aboriginal community living area that is held\nunder a lease – the leasehold interest; and\n(d) the land to which an interest in a mining tenement relates; and\n(e) for land held under a lease from the council – the leasehold\ninterest.\nLand Council means an Aboriginal Land Council established under\nthe Aboriginal Land Rights (Northern Territory) Act 1976 (Cth).\nLand Trust means an Aboriginal Land Trust established under the\nAboriginal Land Rights (Northern Territory) Act 1976 (Cth).\nloan, for Chapter 8, Part 8.6, see section 147(1).\nlocal authority means a local authority established by a council\nunder section 76.\nlocal government area means an area that the Territory is divided\ninto for the system of local government established by this Act.\nlocal government council means the council constituted for a\nlocal government area and is responsible for the government and\nmanagement of the area at the local level.\nlocal government subsidiary, see section 67(1).\nLord Mayor, see section 58(2)(a).\nMayor, see section 58(1) or (3).\nmember means (according to context) a member of an audit\ncommittee, a council, a council committee or a local authority.\nmining tenement means:\n(a) the following under the Mineral Titles Act 2010:\n(i) an extractive mineral lease;\n(ii) an extractive mineral permit;\n(iii) a mineral lease;\n(iv) a mineral authority that corresponds with a mineral\nlease, an extractive mineral lease or an extractive\nmineral permit;\n(v) a mineral claim granted under the Mining Act 1980 and\ncontinued under section 204 of the Mineral Titles\n\nLocal Government Act 2019 9\nAct 2010 for which the Minister responsible for the\nadministration of the Mineral Titles Act 2010 has not\ntaken an action under section 203 of the Act; and\n(b) the following under the Petroleum Act 1984:\n(i) a production licence;\n(ii) a lease granted under the Petroleum (Prospecting and\nMining) Act 1954 and continued under section 119(2) of\nthe Petroleum Act 1984.\nmunicipality means the local government area classified as a\nmunicipality under section 15.\nmunicipal plan, see section 33(2)(a).\nNTCAT reviewable decision, see section 327(1).\nofficial manager, see section 318(2)(c)(i).\noccupier, of land, means a person who is, either jointly or alone, in\npossession of the land to the substantial exclusion of others.\nordinary meeting, of a council, see section 90(1).\nowner, of land, means:\n(a) the holder of an estate of fee simple in the land; or\n(b) if the land is held from the Territory or a Land Trust under a\npastoral or other lease – the lessee; or\n(c) if the land is within an Aboriginal community living area and is\nheld under lease – the lessee; or\n(d) if the land is subject to a mining tenement – the holder of the\ntenement.\nprescribed corporation, see section 9.\nprescribed corporation panel, see section 127(2).\nPresident, see section 58(2)(b) or (3).\nprincipal member, of a council, means the member appointed or\nelected to be the principal member under section 60 or 61.\nprincipal ratepayer, for an allotment, see section 229.\n\nLocal Government Act 2019 10\nprivate company means a proprietary company as defined in the\nCorporations Act 2001 with fewer than 25 members.\nprospective council means a prospective council established\nunder section 19(2).\npublic cemetery, see section 7 of the Burial and Cremation\npublic office, of a council, means the office of the council that is\nopen to the public during business hours.\npublish includes publish or broadcast by radio, television, Internet,\ntelephone or other means.\nrateable, in relation to land, see section 218.\nrate concession, see section 247(1).\nratepayer means a person who pays, or is liable to pay, rates or a\ncharge imposed on land under Chapter 11.\nrates, for Chapter 11, Part 11.9, see section 252.\nrectification order, for Chapter 10, Part 10.9, see section 214(1).\nregion means Territory region.\nregional plan, see section 33(2)(b).\nregister of annual returns of interests, see section 111.\nregister of declared conflicts, see section 116(1).\nregister of declared gifts and benefits, see section 113(1).\nregulatory order, see section 282.\nrelevant interest rate, see section 10.\nrelevant returning officer, in relation to material that relates to an\nelection, means the returning officer for an election that is:\n(a) after the election to which the material relates but not after the\nnext periodic general election; and\n(b) for a ward or local government area affected by the election to\nwhich the material relates.\n\nLocal Government Act 2019 11\nRemuneration Tribunal means the Tribunal as defined in section 2\nof the Assembly Members and Statutory Officers (Remuneration\nand Other Entitlements) Act 2006.\nreserve, see section 76 of the Crown Lands Act 1992.\nresponsible entity, for a community cemetery or a public\ncemetery, see section 7 of the Burial and Cremation Act 2022.\nreturning officer, for an election:\n(a) if the election is a by-election – see section 136(10); or\n(b) otherwise – means the Electoral Commissioner.\nreviewable decision, see section 322(1).\nroad, see section 270.\nshire means a local government area classified as a shire under\nsection 15.\nshire plan, see section 33(2)(c).\nspecial meeting, of a council, see section 90(5).\nspecial rates, see section 238.\nspecial resolution means a resolution supported by the votes of at\nleast three-quarters of the total number of members of the council.\nTerritory region means a local government area classified as a\nregion under section 15.\nurban farm land means land classified by a council as urban farm\nland under section 221.\nvaluation roll means the valuation roll prepared and maintained\nunder the Valuation of Land Act 1963.\nward means a divided portion of a local government area.\nzone means a zone constituted under the Planning Act 1999.\nNote for section 7\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nLocal Government Act 2019 12\n","sortOrder":4},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of associate","content":"8 Meaning of associate\nA person is an associate of another person if:\n(a) they are in a close family relationship; or\n(b) they are in partnership; or\n(c) one is a company and the other is a director or manager of the\ncompany; or\n(d) they are related companies; or\n(e) one is a private company and the other is a shareholder in the\ncompany; or\n(f) a chain of relationships can be traced between them under\none or more of the above paragraphs.\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of prescribed corporation","content":"9 Meaning of prescribed corporation\nThe prescribed corporation is the corporate entity prescribed by\nregulation.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of relevant interest rate","content":"10 Meaning of relevant interest rate\nA relevant interest rate is a rate of interest:\n(a) prescribed by regulation; or\n(b) if the rate of interest is not prescribed by regulation – fixed by\n","sortOrder":7},{"sectionNumber":"11","sectionType":"section","heading":"Public notice for matters in relation to elections","content":"11 Public notice for matters in relation to elections\n(1) If this Act requires public notice to be given about a matter in\nrelation to an election, notice about the matter must be published as\n(a) the returning officer for the election must publish information\nabout the matter in a newspaper circulating in the relevant\nlocal government area;\n(b) the returning officer for the election must direct the relevant\ncouncil to make that information available on the council's\nwebsite in accordance with section 292.\n(2) The council must comply with the direction under subsection (1)(b).\n\nLocal Government Act 2019 13\n(3) This section does not prevent the giving of notice about the matter\nin another way.\nExamples for subsection (3)\nRadio or television broadcast.\n(4) However, if under this Act, a specified period after a public notice is\nrequired or allowed for a matter, the period starts on the date the\nnotice is first published under subsection (1).\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Council policies to be consistent with code of conduct","content":"12 Council policies to be consistent with code of conduct\nIf this Act provides for a council to adopt a policy about a particular\nmatter, the policy must be consistent with the council's code of\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Application of Criminal Code","content":"13 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 13\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nLocal Government Act 2019 14\n","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"1 Local government areas","content":"Part 2.1 Local government areas\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Local government system","content":"14 Local government system\nUnder the system of local government established by this Act:\n(a) the Territory is divided into local government areas having\nregard to:\n(i) geography and natural configuration; and\n(ii) the nature and density of population; and\n(iii) the viability, and appropriateness, of each area as a\nseparate unit of local government administration; and\n(b) a local government council is constituted for each area to be\nresponsible for the government and management of the area\nat the local level.\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Municipalities, regions and shires","content":"15 Municipalities, regions and shires\nLocal government areas are classified as municipalities, regions or\nshires according to their geographical size, the density of their\npopulation and their degree of urbanisation.\n","sortOrder":13},{"sectionNumber":"16","sectionType":"section","heading":"Power to establish local government etc.","content":"16 Power to establish local government etc.\n(1) The Administrator may, by Gazette notice, exercise any one or\nmore of the following powers:\n(a) constitute a part of the Territory as a local government area or\nabolish a local government area;\n(b) merge 2 or more local government areas;\n(c) divide a local government area into 2 or more local\ngovernment areas;\n(d) determine whether a local government area is a municipality,\na region or a shire;\n(e) change a municipality into a shire or a shire into a\nmunicipality;\n\nLocal Government Act 2019 15\n(f) change a municipality into a region or a region into a\nmunicipality;\n(g) change a region into a shire or a shire into a region;\n(h) assign a name to a local government area or change the\nname of a local government area;\n(i) assign a name to the council for a local government area or\nchange the name of the council for a local government area;\n(j) define or change the boundaries of a local government area;\n(k) create or abolish wards;\n(l) define or change the boundaries of a ward;\n(m) assign a name to, or change the name of, a ward;\n(n) determine or change the number of members to be elected for\na particular area or a ward within a particular area;\n(o) correct an error or omission in an earlier notice under this\nsection.\n(2) The Minister may also, by Gazette notice, exercise any of the\npowers conferred by subsection (1) except the power to constitute\nor abolish a local government area under subsection (1)(a).\n(3) If a Gazette notice under subsection (1) or (2) changes the name of\na local government area, or of a local government council, any\nreference to the area or council is taken to be read as a reference\nto the area or council as changed by the notice.\n(4) A local government area may consist of 2 or more non-contiguous\nsections.\n","sortOrder":14},{"sectionNumber":"17","sectionType":"section","heading":"Merger of local government areas or division of local","content":"17 Merger of local government areas or division of local\ngovernment area\n(1) This section applies if the Administrator (or the Minister):\n(a) merges 2 or more local government areas under\nsection 16(1)(b) or (2); or\n(b) divides a local government area into 2 or more local\ngovernment areas under section 16(1)(c) or (2).\n(2) If there has been no substantial change affecting the electoral\nrepresentation of a ward in the area, the Administrator may, by\nGazette notice, make a declaration that the member or members of\n\nLocal Government Act 2019 16\nthe ward continue to hold office as a member or members of the\ncouncil after the merger or division.\n(3) If a principal member continues to hold office under subsection (2),\nthe principal member ceases to hold office as a principal member\nbut continues to hold office as a member of the council after the\nmerger or division.\n(4) The Administrator may, by Gazette notice, make a declaration that\nthe principal member is to be elected or appointed after the merger\nor division.\n(5) The Minister may also, by Gazette notice, exercise the power\nconferred by subsection (2) or (4).\n","sortOrder":15},{"sectionNumber":"18","sectionType":"section","heading":"Consequential adjustment of rights and liabilities","content":"18 Consequential adjustment of rights and liabilities\n(1) The Administrator may, by Gazette notice, make any disposition of\nproperty or rights and liabilities in relation to a local government\ncouncil that may be desirable as a consequence of:\n(a) the constitution or abolition of a local government area; or\n(d) a change to the boundaries of a local government area.\n(2) The Minister may also, by Gazette notice, exercise the power\nconferred by subsection (1).\n(3) On application for registration of a disposition of an interest in land\nmade by the Administrator or the Minister under subsection (1), the\nRegistrar-General must make appropriate entries in the land\nregister.\n","sortOrder":16},{"sectionNumber":"19","sectionType":"section","heading":"Prospective council","content":"19 Prospective council\n(a) the Administrator intends to constitute a local government\narea under section 16(1)(a) or divide a local government area\ninto 2 or more local government areas under section 16(1)(c);\nor\n(b) the Minister intends to divide a local government area into 2 or\nmore local government areas under section 16(2).\n\nLocal Government Act 2019 17\n(2) The Administrator or the Minister may, by Gazette notice, establish\na prospective council under the name to be assigned to the council\nfor the intended local government area before exercising the power\nmentioned in subsection (1).\n(3) The prospective council:\n(c) is capable of acquiring, holding and disposing of real property\n(including leasehold) and personal property and of suing and\nbeing sued.\n(4) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of the prospective council affixed to a\ndocument and are to assume that it was duly affixed.\n(5) The prospective council is constituted by the person appointed\nunder subsection (6) until the prospective council becomes the\ncouncil or otherwise ceases to exist.\n(6) The Administrator or the Minister may, by Gazette notice, appoint a\nperson to constitute the prospective council.\n(7) A prospective council established under subsection (2) has, subject\nto section 19A, full power to transact any business or do anything\nelse as if:\n(a) the prospective council were the council for the intended local\ngovernment area; and\n(b) the local government area had been constituted under\nsection 16(1)(a).\n(8) When a local government area is constituted for the area for which\nthe prospective council is established:\n(a) the prospective council becomes the council for the local\ngovernment area and all rights, liabilities and obligations of the\nprospective council become the rights, liabilities and\nobligations of the local government council; and\n\nLocal Government Act 2019 18\n(b) the person appointed to constitute the prospective council\nunder subsection (6) constitutes the local government council\nuntil the day after the day on which the result of the general\nelection for the council for the local government area is\nNote for section 19\nThe Minister must call a general election for an area if the area is newly\nconstituted under section 134.\n","sortOrder":17},{"sectionNumber":"19A","sectionType":"section","heading":"Protection from liability","content":"19A Protection from liability\n(1) A person appointed to constitute a prospective council under\nsection 19(6) is not civilly or criminally liable for an act done or\nomitted to be done by the person in good faith in the exercise of a\npower or performance of a function under this Act.\n(2) Any civil liability that would, but for this section, attach to the\nperson, attaches instead to the prospective council.\n","sortOrder":18},{"sectionNumber":"19B","sectionType":"section","heading":"Performance of council functions before election of members","content":"19B Performance of council functions before election of members\nof local government council\n(1) If a prospective council is established for an area of the Territory\n(the prospective LGA) that is already part of a local government\narea constituted under this Act (the existing LGA), the local\ngovernment council for the existing LGA (the existing LGC) must\ncontinue to perform its functions in relation to the prospective LGA\nuntil the day mentioned in section 19(8)(b).\n(2) Despite subsection (1), the Administrator or the Minister may, by\nGazette notice, make an order specifying the functions of the\nprospective council and the existing LGC in relation to the\nprospective LGA until the day mentioned in section 19(8)(b).\n","sortOrder":19},{"sectionNumber":"19C","sectionType":"section","heading":"Other transitional orders","content":"19C Other transitional orders\n(1) The Administrator or the Minister may, by Gazette notice, make an\norder in relation to a local government council or prospective\ncouncil if the Administrator or Minister considers it necessary or\ndesirable as a consequence of:\n(a) the constitution or abolition of a local government area; or\n\nLocal Government Act 2019 19\n(d) a change to the boundaries of a local government area.\n(2) A order under subsection (1) may:\n(a) require a local government council for an area for which a\nprospective council is established to share specified\ninformation with the prospective council that is reasonably\nnecessary for the prospective council to establish the\noperations of the council; and\n(b) provide for other transitional matters to give effect to a matter\nmentioned in subsection (1).\nExample for subsection (2)(a)\nInformation about the following:\n(a) accrued entitlements of relevant council employees;\n(b) assets owned by the local government council;\n(c) council rates payable in relation to the area for which the prospective council\nwas established.\n(3) A local government council or prospective council in relation to\nwhich an order is made under this section must comply with the\norder.\n(4) The CEO of the council and the person constituting the prospective\ncouncil must take all reasonable steps to facilitate the council's or\nthe prospective council's compliance with the order.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"By-laws","content":"20 By-laws\n(1) This section applies in relation to by-laws that apply in a part of the\nTerritory immediately before:\n(a) the constitution of a local government area; or\n(d) the boundaries of a local government area are changed; or\n(e) there is a change in the classification of a local government\narea.\n\nLocal Government Act 2019 20\n(2) The by-laws:\n(a) continue to apply within the local government area to the\nextent that the by-laws applied before the constitution, merger,\ndivision, boundary change or change in classification; and\n(b) may be amended or repealed by the council for the area, even\nif the by-laws were not originally made by that council.\n(3) Despite subsection (2), the Administrator or the Minister may, by\nGazette notice, determine the by-laws that apply to a local\ngovernment area or part of a local government area.\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Principal role of council","content":"21 Principal role of council\nThe role of a council is:\n(a) to act as a representative, informed and responsible\ndecision maker in the interests of its constituency; and\n(b) to develop a strong and cohesive social life for its residents\nand allocate resources in a fair, socially inclusive and\nsustainable way; and\n(c) to provide and coordinate public facilities and services; and\n(d) to encourage and develop initiatives for improving quality of\nlife; and\n(e) to represent the interests of its area to the wider community;\nand\n(f) to exercise and perform the powers and functions of local\ngovernment assigned to the council under this Act or another\nAct.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Functions of council","content":"22 Functions of council\n(1) The functions of a council include the following:\n(a) to plan for the future requirements of its area for local\ngovernment services;\n(b) to provide services and facilities for the benefit of its area, its\nresidents and visitors;\n(c) to make prudent financial decisions;\n\nLocal Government Act 2019 21\n(d) to manage the employment of the CEO;\n(e) to provide for the interests and well-being of individuals and\ngroups within its area;\n(f) to carry out measures to protect its area from natural and\nother hazards and to mitigate the effects of such hazards;\n(g) to plan and develop council facilities and services in its area in\na sustainable way;\n(h) to plan the use of council resources for the benefit of its area;\n(i) other functions assigned to the council under this Act or\nanother Act.\n(2) The functions of a council may (if the council decides to perform the\nfunctions) include the following:\n(a) to promote its area as a location for appropriate industries or\ncommerce or as an attractive tourist destination;\n(b) to establish or support programs that benefit its area.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Powers of council","content":"23 Powers of council\nA council may do all things necessary or convenient to be done for,\nor in relation to, the performance of the council's functions.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Objectives of council","content":"24 Objectives of council\nA council has the following objectives:\n(a) to provide open, responsive and accountable government at\nthe local level;\n(b) to be responsive to the needs, interests and aspirations of\nindividuals and groups within its area;\n(c) to cooperate with Territory and national governments in the\ndelivery of services for the benefit of its area;\n(d) to seek to ensure a proper emphasis on environmentally\nsustainable development within its area and a proper balance\nbetween economic, social, environmental and cultural\nconsiderations;\n(e) to place a high value on the importance of service to the\ncouncil's constituency;\n\nLocal Government Act 2019 22\n(f) to seek to ensure that council resources are used fairly,\neffectively and efficiently;\n(g) to seek to provide services, facilities and programs that are\nappropriate to the needs of its area and to ensure equitable\naccess to its services, facilities and programs;\n(h) generally to act at all times in the best interests of the\ncommunity as a whole.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Operations outside area","content":"25 Operations outside area\n(1) A council may provide services outside its own area but cannot\nexercise its regulatory powers outside its own area except:\n(a) by mutual agreement with the council in whose area the\npowers are to be exercised; or\n(b) if the powers are to be exercised outside a local government\narea – with the Minister's consent.\n(2) For subsection (1)(a), mutual agreement may only be established\nby resolution of each council to the agreement.\n(3) For subsection (1)(b), the council may only seek the Minister's\nconsent by resolution of the council.\n(4) However, a council may exercise regulatory and other powers\noutside its own area without the agreement of another council or\nthe Minister's consent (as the case requires), if the occasion for\nexercising the powers arises from circumstances occurring in the\ncouncil's area.\nA dangerous dog attacks a child in the area of council A and becomes liable to\nseizure and destruction under the by-laws of that council. The dog is removed to\nthe area of council B. In this case, council A may (without the agreement of\ncouncil B) have the dog seized and destroyed in the area of council B.\n\nLocal Government Act 2019 23\n","sortOrder":26},{"sectionNumber":"Part 3","sectionType":"part","heading":"1 Definition","content":"Part 3.1 Definition\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Definition","content":"26 Definition\nIn this Chapter:\ncommittee means the Local Government Representation\nCommittee, established by section 27.\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Local Government Representation Committee","content":"27 Local Government Representation Committee\n(1) There is a Local Government Representation Committee.\n(2) The committee consists of:\n(a) the Electoral Commissioner; and\n(b) the Surveyor-General; and\n(c) the CEO of the prescribed corporation.\n(3) The chairperson of the committee is the person mentioned in\nsubsection (2)(c).\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Powers of committee","content":"28 Powers of committee\n(1) The committee may recommend:\n(a) if a local government area is divided into wards:\n(i) that the local government area remain divided into the\nsame wards or be divided into different wards; or\n(ii) that the local government area should not be divided into\nwards; or\n(b) if a local government area is not divided into wards:\n(i) that the local government area remain that way; or\n(ii) that the local government area should be divided into\nwards.\n\nLocal Government Act 2019 24\n(2) If the committee makes a recommendation that a local government\narea be divided into wards or different wards, the committee must\nalso recommend:\n(a) the number of wards for the local government area; and\n(b) the boundaries of the wards for the local government area;\nand\n(c) the number of ordinary members for each ward.\n(3) However, the recommendation under subsection (2)(c) must\nprovide for the same total number of positions for ordinary\nmembers for the area that was in place before the\nrecommendation.\n(4) The committee may make other recommendations in relation to the\nlocal government area.\nThe committee may make a recommendation in relation to:\n(a) the names of the wards; or\n(b) the external boundaries of the local government area.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Procedures","content":"29 Procedures\nSubject to this Act, the committee may determine its own\nprocedures.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Considerations for recommendation","content":"30 Considerations for recommendation\n(1) Before making a recommendation under section 28, the committee\nmust:\n(a) invite written submissions from the council for the local\ngovernment area and the public no later than 10 months after\nthe election day for a periodic general election for the council;\nand\n(b) allow at least 60 days after the invitation to make submissions\nunder paragraph (a) to receive submissions; and\n(c) after receiving the submissions:\n(i) consider the submissions; and\n(ii) publish a preliminary report on its website proposing its\nrecommendation or alternate recommendations; and\n\nLocal Government Act 2019 25\n(iii) invite written submissions from the council and the public\non the preliminary report; and\n(d) allow at least 60 days after the invitation to make submissions\nunder paragraph (c)(iii) to receive submissions; and\n(e) after receiving the submissions:\n(i) consider the submissions; and\n(ii) publish a final report with its recommendation on its\nwebsite.\n(2) The committee may, for subsection (1)(c), hold a public hearing or\nrequest further information from a person who made a submission.\n(3) The committee must provide its final report to the council and the\nMinister at least 18 months before the next periodic general election\nfor the council.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Assessment criteria for committee to use in recommendations","content":"31 Assessment criteria for committee to use in recommendations\nIn making a recommendation under section 28, the committee must\nconsider the following matters:\n(a) community of interests in the local government area including\neconomic, social and regional interests;\n(b) types of communication and travel in the local government\narea with special reference to issues arising out of remoteness\nor distance;\n(c) the trend of population changes in the local government area;\n(d) the density of population in the local government area;\n(e) the physical features of the local government area.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Assessment criteria in relation to division of wards","content":"32 Assessment criteria in relation to division of wards\n(1) This section applies if the committee recommends :\n(a) if a local government area is divided into wards – that the local\ngovernment area remain divided into the same wards or be\ndivided into different wards; or\n(b) if a local government area is not divided into wards – that the\nlocal government area should be divided into wards.\n\nLocal Government Act 2019 26\n(2) In making the recommendation, the committee must consider the\ndesirability of:\n(a) the number of electors for each ward being as near to equal\nas practicable at the next general election; and\n(b) keeping the area of each ward containing rural and remote\nareas as small as practicable; and\n(c) keeping the demographic and geographic nature of each ward\nas uniform as practicable; and\n(d) including an identifiable community wholly within one ward if\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Meaning of municipal, regional or shire plans","content":"33 Meaning of municipal, regional or shire plans\n(1) Each council must have a plan for its area.\n(2) The plan for a council is:\n(a) for a municipality – the municipal plan; and\n(b) for a region – the regional plan; and\n(c) for a shire – the shire plan.\n(3) A council's municipal, regional or shire plan:\n(a) must be accessible on the council's website; and\n(b) must be available for inspection at the council's public office;\nand\n(c) must be available for purchase from the council's public office\nat a fee fixed by the council.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Contents of municipal, regional or shire plan","content":"34 Contents of municipal, regional or shire plan\n(1) A municipal, regional or shire plan:\n(a) must include:\n(i) a service delivery plan for the period to which the plan\nrelates; and\n(ii) the council's budget and any amended budget; and\n\nLocal Government Act 2019 27\n(b) must include, or incorporate by reference:\n(i) any long-term, community or strategic plan adopted by\nthe council or a local authority and relevant to the period\nto which the plan relates; and\n(ii) the council's long-term financial plan; and\n(c) for a regional plan – must take into account the projects and\npriorities for the area identified by a local authority or\nauthorities; and\n(d) must define indicators for judging the standard of the council's\nperformance.\n(2) A municipal, regional or shire plan incorporates a plan or\nassessment by reference if it refers to the plan or assessment and\nincludes a link or reference to a webpage on which the plan or\nassessment is accessible.\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Municipal, regional or shire plans","content":"35 Municipal, regional or shire plans\n(1) A council must, by resolution, adopt its municipal, regional or shire\nplan between 1 March and 30 June in each year.\n(2) The council must give a copy of the plan to the Agency by the latter\ndate mentioned in subsection (1).\n(3) Before the council adopts its municipal, regional or shire plan for a\nparticular year, the council must:\n(a) at a meeting of the council, approve a draft of the plan; and\n(b) make the draft plan accessible on the council's website and\nmake copies available for public inspection at the council's\npublic offices; and\n(c) publish a notice on its website inviting written submissions on\nthe draft plan within a period (at least 21 days) from the date\nof publication of the notice; and\n(d) consider the submissions made in response to the invitation\nand make any revisions to the draft the council considers\nappropriate in the light of the submissions.\n(4) A copy of the draft of the plan must be provided to the members of\nthe council at least 6 business days before the meeting referred to\nin subsection (3)(a).\n\nLocal Government Act 2019 28\n(5) Although the council's budget forms part of its municipal, regional or\nshire plan, this section does not apply to the adoption of the budget\nor of an amended budget.\n(6) The adoption of a budget, or of an amended budget, operates to\namend the municipal, regional or shire plan so that it conforms with\nthe most recent budget of the council.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Core services","content":"36 Core services\n(1) The Minister may, by Gazette notice, advise a council as to the\nservices that, in the Minister's view, are services that the council\nshould, as a priority, provide.\n(2) The council must consider the advice when adopting and renewing\nits plan.\n\nDivision 1 Corporate nature, capacity and powers of council\nLocal Government Act 2019 29\nDivision 1 Corporate nature, capacity and powers of council\n37 Council as body corporate\n(1) A council:\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real property (including leasehold) and personal\nproperty and of suing and being sued.\n(2) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of a council affixed to a document and\nare to assume that it was duly affixed.\n(3) A council has the name assigned to it under section 16(1)(i).\n(4) A council has the functions and powers conferred by this Act or\nanother Act.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"How council acts in its corporate capacity","content":"38 How council acts in its corporate capacity\n(1) A council acts:\n(a) through local authorities, council committees, officers, staff\nand agents to whom the council has delegated powers or\nauthorised to act on its behalf; or\n(b) through officers or other persons authorised by this Act (or a\nby-law) to act on the council's behalf; or\n(c) under its common seal.\nIt follows that a contract is to be made by a council under its common seal or by\nan officer or other agent of the council with authority to act on its behalf.\n(2) The affixing of the common seal to a document:\n(a) must be authorised or ratified by resolution of the council; and\n\nLocal Government Act 2019 30\n(b) must be attested by the signatures of the CEO and at least\none member of the council.\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Formation, ownership or participation in other bodies","content":"39 Formation, ownership or participation in other bodies\ncorporate\n(1) A council must not form, own (in full or in part) or otherwise\nparticipate in any type of corporation, partnership or other trading\nbody, irrespective of whether such formation, ownership or\nparticipation is for the purposes of investment or otherwise.\n(2) However, the Minister, in consultation with the Treasurer, may\napprove a formation, ownership or participation, on any conditions\nthe Minister thinks fit.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Delegation","content":"40 Delegation\n(1) A council may delegate its powers and functions.\n(2) A delegation may be made to:\n(a) the CEO; or\n(b) a council committee; or\n(c) a local authority; or\n(d) a local government subsidiary.\n(3) Despite subsection (1):\n(a) the power to impose rates and charges cannot be delegated;\nand\n(b) if power to incur financial liabilities is delegated – the council\nmust, by resolution, fix reasonable limits on the delegate's\nauthority; and\n(c) a delegation cannot duplicate or derogate from the CEO's\nfunctions (including delegated functions); and\n(d) subject to subsections (4) and (5), power to enter into a\ntransaction on conditions that are not arm's length conditions\ncannot be delegated; and\n(e) subject to subsections (4) and (5), power to make a decision\nthat requires a council resolution cannot be delegated; and\n\nLocal Government Act 2019 31\n(f) if power to enter into a contract is delegated – the contract\nmust be below the threshold value.\n(4) A council may delegate to the CEO the following:\n(a) the power to enter into a transaction on conditions that are not\narm's length conditions if the transaction will provide a\ncommunity benefit;\n(b) the power to waive a fee for service (wholly or partly) under\nsection 289(4) if the waiver will provide a community benefit.\nNote for subsection (4)(b)\nA decision to waive a fee for service (wholly or partly) under section 289(4)\nrequires a council resolution.\n(5) A delegation under subsection (4) must be in accordance with the\nregulations and any guidelines that the Minister may make.\n(6) A council must, within the first 6 months of its term, determine, by\nresolution, the threshold value for a contract for subsection (3)(f).\n(6A) Despite subsection (2), a council, as the responsible entity for a\npublic cemetery or a community cemetery, may only delegate the\npowers and functions of the responsible entity under the Burial and\nCremation Act 2022 to a local government subsidiary.\n(7) In this section:\narm's length conditions means the conditions that might be\nexpected to operate between commercial entities dealing wholly\nindependently with one another in comparable circumstances.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Review of delegation","content":"41 Review of delegation\nA council must review any delegations of its functions and powers\nwithin the timeframe prescribed by regulation.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Composition of council","content":"42 Composition of council\nA council consists of the members elected or appointed to the\ncouncil under this Act.\n\nLocal Government Act 2019 32\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Vacancy etc. in office of member","content":"43 Vacancy etc. in office of member\nThe validity of a decision or act of a council is unaffected by:\n(a) a vacancy in the office of a member; or\n(b) a defect in the appointment or election of a member; or\n(c) the fact that a person has acted in the office of a member\nwhile disqualified from office.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Role of members","content":"44 Role of members\n(1) The role of a member of a council is:\n(a) to represent the interests of all residents and ratepayers of the\ncouncil area; and\n(b) to provide leadership and guidance; and\n(c) to facilitate communication between the members of the\ncouncil's constituency and the council; and\n(d) to be properly informed to enable participation in the\ndeliberations of the council and its community activities; and\n(e) to ensure, as far as practicable, that the council acts honestly,\nefficiently and appropriately in carrying out its statutory\nresponsibilities; and\n(f) to ensure that council resources are used prudently and solely\nin the public interest; and\n(g) to actively monitor the financial affairs of the council.\n(2) However, a member of the council has no power to direct or control\nstaff of the council, or to interfere with the management of staff of\n(3) A member of the council has a duty to act, at all times, in what the\nmember genuinely believes to be the best interests of the council's\nconstituency.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Professional development of members","content":"45 Professional development of members\n(1) The CEO of the Agency may approve training courses for members\nof a council.\n\nLocal Government Act 2019 33\n(2) The training courses must be about the responsibilities of being a\nmember of council under this Act.\n(3) A member of a council must complete a training course within\n12 months of each general election.\n(4) If a member is elected in a by-election or appointed to fill a casual\nvacancy, the training course must be completed within 12 months\nof the election or appointment, unless the election or appointment is\nless than 12 months before the next general election.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Eligibility for membership","content":"46 Eligibility for membership\nA person is eligible for election or appointment as a member of a\ncouncil unless the person is disqualified under section 47.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"Disqualification","content":"47 Disqualification\n(1) A person is disqualified from office as a member of a council if the\nperson:\n(a) holds a judicial office; or\n(b) is bankrupt; or\n(c) is sentenced to a term of imprisonment of 12 months or more\nfor an offence against the law of the Commonwealth or of a\nState or Territory in the circumstances specified in\nsubsection (3); or\n(d) is a staff member of the council; or\n(e) is a staff member of the local government subsidiary of which\nthe council is a constituent council of the local government\nsubsidiary; or\n(f) is indebted to the council and fails to discharge the debt within\n6 months after the debt becomes due and payable in\naccordance with the regulations; or\n(g) is certified mentally unfit to carry out the functions of a\nmember; or\n(h) is disqualified from managing a corporation under the\nCorporations Act 2001 or the Corporations (Aboriginal and\n\nLocal Government Act 2019 34\n(i) is disqualified under section 40 of the Associations Act 2003\nfrom being an officer of an incorporated association; or\n(j) is a member of the Commonwealth House of Representatives\nor the Senate; or\n(k) is determined by NTCAT to be unfit to be a member under\nsection 133; or\n(l) for the period mentioned in that subsection – is incapable of\nholding a local government office under section 89(3) of the\nCriminal Code; or\n(m) ceases to be enrolled as an elector in respect of a place of\nresidence within the area; or\n(n) ceases to have a principal place of residence within the area;\nor\n(o) is absent, without permission of the council in accordance with\nthe regulations, from 2 consecutive ordinary meetings of the\nA person is not qualified to be a member of a council if the person is a member of\nthe Legislative Assembly (see section 21(1)(a) of the Northern Territory\n(Self-Government) Act 1978 (Cth)).\n(2) For subsection (1)(a), a judicial office includes the following, but\ndoes not include a justice of the peace:\n(a) a Justice of the High Court;\n(b) a Judge of the Federal Court;\n(c) a Supreme Court Judge;\n(d) a Local Court Judge;\n(e) the President, a Deputy President or an ordinary member of\nNTCAT.\n(3) For subsection (1)(c), a person is disqualified if:\n(a) the person is serving the term of imprisonment of 12 months\nor more over the period that the person would have otherwise\nbeen eligible as a member of a council or a candidate for\nelection as a member of a council; or\n\nLocal Government Act 2019 35\n(b) the person is sentenced to a term of imprisonment of\n12 months or more after the person is elected to be a member\nof a council.\n(4) For subsection (1)(g), a person is certified mentally unfit to carry out\nthe functions of a member if 2 medical practitioners have certified\nthat the person is mentally unfit, and likely to remain unfit for the\nremainder of the person's term of office, to carry out the functions of\na member.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Basic term of office","content":"48 Basic term of office\n(1) A council member is elected or appointed for a term of office ending\nat the conclusion of the next general election following the\nmember's election or appointment.\n(2) If a member continues to be eligible for membership, the member is\neligible for re-election for a successive term or terms.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Disclosure requirements","content":"49 Disclosure requirements\n(1) If a council member is convicted of any offence, the member must\nnotify the CEO of the conviction as soon as practicable.\n(2) The CEO must notify the Agency of the conviction no later than\n14 days after the CEO has been notified by the member under\nsubsection (1).\n(3) A member commits an offence if:\n(a) the member is convicted of an offence; and\n(b) does not notify the CEO of the conviction.\nNote for section 49\nIf a member is convicted of an offence demonstrating that the member to be unfit\nto remain in office, NTCAT may determine the member is unfit to be a member\nunder section 133.\n\nLocal Government Act 2019 36\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Casual vacancies","content":"50 Casual vacancies\nSubject to this Act, a person ceases to hold office as a member of a\ncouncil if the person:\n(a) dies; or\n(b) is disqualified from office as a member of the council under\nsection 47; or\n(c) resigns by written notice given to the CEO.\n","sortOrder":51},{"sectionNumber":"51","sectionType":"section","heading":"Resignation or notification if disqualified","content":"51 Resignation or notification if disqualified\n(1) If a member reasonably believes the member ceases to hold office\nas a member of a council under section 47(1)(a) to (j) or (l) to (o),\nthe member must resign by written notice to the CEO as soon as\n(2) A resignation under subsection (1):\n(a) cannot be withdrawn; and\n(b) takes effect on the date the notice is given to the CEO.\n(3) The CEO must give a copy of the notice mentioned in\nsubsection (1) to the Electoral Commissioner as soon as\n(4) If a person has ceased to hold office because of section 50(a), the\nCEO must notify the Electoral Commissioner as soon as\n(5) A person commits an offence if:\n(a) the person is:\n(i) disqualified from office as a member of the council under\nsection 47(1)(a) to (j) or (l) to (o); and\n(ii) reckless in relation to that circumstance; and\n(b) the person fails to resign by written notice to the CEO as soon\nas practicable.\n(6) Strict liability applies to subsection (5)(b).\n\nLocal Government Act 2019 37\n","sortOrder":52},{"sectionNumber":"52","sectionType":"section","heading":"Electoral Commissioner to confirm if person is not enrolled as","content":"52 Electoral Commissioner to confirm if person is not enrolled as\nan elector\n(a) a person has ceased to hold office because the person is\ndisqualified under section 47(1)(m); and\n(b) the person does not resign under section 51(1).\n(2) The CEO must, in writing, request the Electoral Commissioner to\nconfirm that the person is not enrolled as an elector in respect of a\nplace of residence within the area for the council for which the\nperson held office as a member.\n(3) If the Electoral Commissioner confirms, in writing, that the person is\nnot enrolled as an elector under subsection (2), the person's\ndisqualification takes effect on the date of the Electoral\nCommissioner's written notice.\n","sortOrder":53},{"sectionNumber":"53","sectionType":"section","heading":"Notifying CEO of resignation","content":"53 Notifying CEO of resignation\n(1) If a member resigns by written notice given to the CEO under\nsection 50(c), the resignation:\n(a) cannot be withdrawn; and\n(b) takes effect on the date the notice is given to the CEO or on a\ndate (not more than 3 months later) specified in the notice.\n(2) The CEO must give a copy of the notice mentioned in\nsubsection (1) to the Electoral Commissioner as soon as\n","sortOrder":54},{"sectionNumber":"54","sectionType":"section","heading":"Filling casual vacancy generally","content":"54 Filling casual vacancy generally\n(1) This section applies if a casual vacancy occurs in the office of a\nmember other than a principal member.\n(2) If a casual vacancy occurs:\n(a) 18 months or more before the next general election – the\ncouncil must hold a by-election; or\n(b) less than 18 months, but more than 6 months, before the next\ngeneral election – the council must, by vote of existing\nmembers, do one of the following:\n(i) decide to appoint a person to fill the vacancy until the\nnext general election;\n\nLocal Government Act 2019 38\n(ii) hold a by-election; or\n(c) 6 months or less before the next general election – the council\nmust, by vote of existing members, do one of the following:\n(i) appoint a person to fill the vacancy until the next general\nelection;\n(ii) leave the office vacant.\n(3) The council must fill a casual vacancy under subsection (2)(b) or (c)\nin accordance with its policy for filling casual vacancies, adopted by\nresolution.\n","sortOrder":55},{"sectionNumber":"55","sectionType":"section","heading":"Reinstatement if member stands as candidate","content":"55 Reinstatement if member stands as candidate\n(1) Despite section 54, a person is reinstated as a member of the\ncouncil if:\n(a) the person resigns in order to stand as a candidate for election\nto the Legislative Assembly, the Commonwealth House of\nRepresentatives or the Senate; and\n(b) the resignation takes effect not more than 28 days before the\nclose of nominations for the relevant election; and\n(c) the person is not elected; and\n(d) the person applies to the CEO to be reinstated as a member\nof the council within 7 days after the result of the election is\n(2) A person reinstated to office under subsection (1) is not entitled to\nany remuneration, allowances, expenses or benefits for the period\nbetween resignation and reinstatement.\n(3) If the person reinstated to office under subsection (1) is the\nprincipal member:\n(a) the vacancy is taken to be a period during which the member\nwas absent from official duties; and\n(b) the member is reinstated as the principal member.\n\nLocal Government Act 2019 39\n(4) If the member reinstated to office under subsection (1) is the deputy\nprincipal member:\n(a) if the member's term of office as the deputy principal member\ndid not expire during the period between resignation and\nreinstatement – the member is reinstated as the deputy\nprincipal member; or\n(b) if the member's term of office as the deputy principal member\nexpired during the period between resignation and\nreinstatement – the member is reinstated as an ordinary\nmember.\n(5) A member ceases to hold office as a member of the council under\nthis section if the result of the election is declared and:\n(a) the member has been elected; or\n(b) the member has not been elected, the period for applying for\nreinstatement under subsection (1) has expired and the former\nmember has not applied for reinstatement.\n","sortOrder":56},{"sectionNumber":"56","sectionType":"section","heading":"Determination of eligibility for office by NTCAT","content":"56 Determination of eligibility for office by NTCAT\n(1) A person may apply to NTCAT to determine whether a member is\neligible to hold office if the member may be disqualified under\nsection 47, unless the member may be disqualified under\nsection 47(1)(k) or (m).\n(2) The member whose eligibility is to be determined is the respondent\nto the application under subsection (1).\n(3) The applicant must serve the application on the respondent.\n(4) The respondent may, within 7 days after service or a longer period\nallowed by NTCAT, file in NTCAT a reply to the application.\n(5) The reply must be served on the applicant.\n(6) If NTCAT determines a member is not eligible to hold office,\nNTCAT may dismiss the member from office.\n(7) NTCAT must, in writing, notify the Electoral Commissioner if it\ndismisses a member under subsection (6).\n\nLocal Government Act 2019 40\n","sortOrder":57},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Protection from liability","content":"Subdivision 4 Protection from liability\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Protection from liability","content":"57 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as a member of a council.\n(2) Any civil liability that would, but for this section, attach to a member\nof a council, attaches instead to the council.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Mayor or President","content":"58 Mayor or President\n(1) The principal member of a municipal council is to have the title\nMayor.\n(2) However:\n(a) in the case of the council for the City of Darwin local\ngovernment area – the principal member is to have the title\nLord Mayor; and\n(b) in the case of the Litchfield Council – the council may, by\nresolution, decide the principal member instead has the title\nPresident.\n(3) A council for a region or a shire may, by resolution, decide the\nprincipal member of the council has the title Mayor or President.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Role and functions of principal member and deputy or acting","content":"59 Role and functions of principal member and deputy or acting\nprincipal member\n(1) In addition to the role of a member mentioned in section 44, the\nprincipal member of a council has the following functions:\n(a) to chair meetings of the council;\n(b) to speak on behalf of the council as the council's principal\nrepresentative;\n\nLocal Government Act 2019 41\n(c) to liaise with the CEO about the performance of the council's\nand CEO's functions;\n(d) to promote behaviour among the members of the council that\nmeets the standards set out in the code of conduct;\n(e) to lead the council to undertake regular review of the\nperformance of the CEO.\n(2) In addition to the role of a member mentioned in section 44, the role\nof the deputy principal member of a council is to carry out any of the\nprincipal member's functions when the principal member:\n(a) delegates the functions to the deputy; or\n(b) is absent from official duties because of illness or for some\nother reason.\n(3) If the principal member is absent from official duties and there is no\ndeputy principal member or the deputy is not available to act in the\nprincipal member's position, the council may, by resolution, appoint\nanother member of the council to act in the principal member's\nposition for a specified period or until the principal member resumes\nofficial duties.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Election or appointment of principal member","content":"60 Election or appointment of principal member\n(1) The principal member of a council is to be elected or appointed to\nthe office.\n(2) A council is taken to have chosen appointment as the basis of filling\nthe office until the council changes the basis of filling the office\nunder subsection (3).\n(3) A council may, by special resolution, change the basis of filling the\noffice.\n(4) The council must, as soon as practicable, notify the Electoral\nCommissioner and the CEO of the Agency if the council changes\nthe basis of filling the office under subsection (3).\n(5) However, a change to the basis of filling the office:\n(a) may only be made once during a council's term; and\n(b) must be made at least 12 months, but not more than\n18 months, before the end of that term.\n\nLocal Government Act 2019 42\n(6) If a change is made to the basis of filling the office:\n(a) the change does not take effect until the next general election;\nand\n(b) for the next general election, the change takes effect as\n(i) if the change is that the office is to be filled by election –\nthe number of members of the council is increased by\none;\n(ii) if the change is that the office is to be filled by\nappointment – the number of members of the council is\ndecreased by one.\n(7) If there is a change in the classification of a local government area\nunder section 16, the basis of filling the office of the principal\nmember remains the same as it was before the change, until\nchanged under this section.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Election or appointment of principal member and deputy","content":"61 Election or appointment of principal member and deputy\nprincipal member\n(1) If election is the basis of filling the office of the principal member,\nthe office is to be filled at each general election.\n(2) If appointment is the basis of filling the office of the principal\nmember of a council, the council must, at the first meeting of a\ncouncil after a general election, appoint one of its members to be\nthe principal member.\n(3) The council may appoint another one of its members to be the\ndeputy principal member of the council.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Term of office","content":"62 Term of office\n(1) The principal member is elected or appointed for a term of office\nending at the conclusion of the next general election.\n(2) The deputy principal member is appointed for a term of office\nending at the conclusion of the next general election or a lesser\nterm fixed by the council when it makes the appointment.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Resignation of principal member","content":"63 Resignation of principal member\n(1) If appointment is the basis of filling the office of the principal\nmember of a council, the principal member may resign as the\nprincipal member and continue the member's term of office as an\nordinary member.\n\nLocal Government Act 2019 43\n(2) The resignation must include the following:\n(a) a statement that the principal member is resigning from the\noffice of principal member;\n(b) a statement whether the principal member is also resigning\nfrom the office of ordinary member.\n(3) If the resignation does not include the statement mentioned in\nsubsection (2)(b), the member is taken not to have resigned from\nthe office of ordinary member.\n(4) If election is the basis of filling the office of the principal member,\nthe member is not entitled to continue the member's term of office\nas an ordinary member.\nNote for section 63\nSection 52 provides that a resignation takes effect on the date the notice is given\nto the CEO or on a date (not more than 3 months later) specified in the notice.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Resignation of deputy principal member","content":"64 Resignation of deputy principal member\n(1) The deputy principal member of a council may resign as the deputy\nprincipal member and continue the member's term of office as an\nordinary member.\n(2) The resignation must include the following:\n(a) a statement that the deputy principal member is resigning from\nthe office of deputy principal member;\n(b) a statement whether the deputy principal member is also\nresigning from the office of ordinary member.\n(3) If the resignation does not include the statement mentioned in\nsubsection (2)(b), the member is taken not to have resigned from\nthe office of ordinary member.\nNote for section 64\nSection 53(1)(b) provides that a resignation takes effect on the date the notice is\ngiven to the CEO or on a date (not more than 3 months later) specified in the\nnotice.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Filling casual vacancies – principal member","content":"65 Filling casual vacancies – principal member\n(1) This section applies if a casual vacancy occurs in the office of a\nprincipal member.\nSection 54(2) applies to fill the casual vacancy in the office of an ordinary\nmember if appointment was the basis for filling the office of the principal member.\n\nLocal Government Act 2019 44\n(2) If appointment was the basis for filling the office of the principal\nmember, and a casual vacancy in the office of the principal member\noccurs, the council:\n(a) if the vacancy occurs 3 months or more before the next\ngeneral election – must, by vote of existing members, appoint\na member to fill the vacancy; or\n(b) if the vacancy occurs less than 3 months before the next\ngeneral election – must, by vote of existing members, do one\nof the following:\n(i) appoint a member to fill the vacancy;\n(ii) leave the office vacant.\n(3) If election was the basis for filling the office of the principal member,\nand a casual vacancy in the office of the principal member occurs,\nthe council:\n(a) if the vacancy occurs 18 months or more before the next\ngeneral election – must hold a by-election; or\n(b) if the vacancy occurs less than 18 months but more than\n3 months before the next general election – must, by vote of\nexisting members, do one of the following:\n(i) appoint a person to fill the vacancy;\n(ii) hold a by-election; or\n(c) if the vacancy occurs 3 months or less before the next general\nelection – must, by vote of existing members, do one of the\n(i) appoint a person to fill the vacancy;\n(ii) hold a by-election;\n(iii) leave the office vacant.\n(4) If a person is voted to fill a casual vacancy in the office of an\nelected principal member:\n(a) the person is not (unless appointed by the council to be its\nprincipal member) to be the council's principal member; and\n(b) the council may appoint any of its existing members to be its\nprincipal member for the remainder of the council's term; and\n\nLocal Government Act 2019 45\n(c) if the council does not fill a casual vacancy in the office of an\nelected principal member – it may appoint any of its existing\nmembers to be its principal member for the remainder of its\nterm.\n","sortOrder":67},{"sectionNumber":"Part 4","sectionType":"part","heading":"3 Council office","content":"Part 4.3 Council office\n","sortOrder":68},{"sectionNumber":"66","sectionType":"section","heading":"Council office","content":"66 Council office\n(1) A council must have at least one public office.\n(2) A public office must be open to the public at reasonable times\ndetermined by the council.\n(3) If a council has more than one public office, a document to be\ndisplayed or available for inspection at the council's public office\nmust be displayed or available for inspection at each of the public\noffices.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Local government subsidiary","content":"67 Local government subsidiary\n(1) If the Minister approves, a council or 2 or more councils acting\ntogether (the constituent council or councils) may form a body\ncorporate (a local government subsidiary) to carry out functions\nrelated to local government on behalf of the constituent council or\ncouncils.\n(2) The local government subsidiary and the constituent council or\ncouncils must comply with:\n(a) any conditions of the Minister's approval; and\n(b) any guidelines that the Minister may make.\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Corporate identity and functions of local government","content":"68 Corporate identity and functions of local government\n(1) A local government subsidiary comes into existence as a body\ncorporate on a date fixed by the Minister by Gazette notice.\n(2) A local government subsidiary:\n\nLocal Government Act 2019 46\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real property (including leasehold) and personal\nproperty and of suing and being sued.\n(3) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of a council affixed to a document and\nare to assume that it was duly affixed.\n(4) A local government subsidiary:\n(a) has the name assigned in its constitution; and\n(b) has the powers and functions conferred or assigned by its\nconstitution.\n(5) A local government subsidiary acts:\n(a) through officers or agents appointed for the purpose; or\n(b) under its common seal.\n(6) The common seal of a local government subsidiary may only be\naffixed to a document as authorised by its constitution.\n(7) The constituent council or councils are jointly and severally liable\nfor any liabilities of the local government subsidiary.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Constitution of local government subsidiary","content":"69 Constitution of local government subsidiary\n(1) The constitution of a local government subsidiary must be approved\nby the Minister.\n(2) The constitution must provide that any liabilities of the local\ngovernment subsidiary are guaranteed by the constituent council or\ncouncils.\n(3) The constituent council or councils may, with the Minister's\napproval, vary the constitution of the local government subsidiary.\n(4) The approved constitution must be accessible on the Agency's\nwebsite and on the website of the constituent council or councils.\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Reporting obligations","content":"70 Reporting obligations\n(1) Each constituent council for a local government subsidiary is\nresponsible for ensuring that proper accounts are kept of the local\ngovernment subsidiary's financial affairs.\n\nLocal Government Act 2019 47\n(2) Each constituent council's annual report is to contain, or to\nincorporate by reference, a report on the local government\nsubsidiary's activities for the relevant financial year including\naudited financial statements for the relevant financial year.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Chief executive","content":"71 Chief executive\n(1) A local government subsidiary must appoint an individual to be the\nchief executive for the local government subsidiary.\n(2) The chief executive is the person in charge of day-to-day\noperations of the local government subsidiary.\n(3) A person is not eligible to be the chief executive if:\n(a) the person is disqualified from managing a corporation under\nthe Corporations Act 2001 or the Corporations (Aboriginal and\n(b) the person is disqualified under section 40 of the Associations\nAct 2003; or\n(c) the person is bankrupt.\n(4) However, a person mentioned in subsection (3) becomes eligible to\nbe the chief executive if the circumstances in that subsection no\nlonger apply to the person.\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Delegation by chief executive","content":"72 Delegation by chief executive\n(1) The chief executive may delegate a power or function under this\nAct or another Act to a person or committee.\n(2) However, the chief executive must not delegate a power or function\nto any of the following:\n(a) an audit committee;\n(b) a council committee;\n(c) a local authority.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Offences for conflict of interest","content":"73 Offences for conflict of interest\n(b) the staff member has a personal or financial interest in a\nmatter in regard to which the member is required or authorised\nto act or give advice; and\n\nLocal Government Act 2019 48\n(c) the member does not disclose the interest:\n(i) if the staff member is the chief executive – to the local\ngovernment subsidiary; or\n(ii) in any other case – to the chief executive.\n(b) the staff member has a personal or financial interest in a\nmatter in regard to which the member is required or authorised\nto act or give advice; and\n(c) the staff member acts in the matter in a way other than as\nauthorised by the chief executive or the local government\nsubsidiary under subsection (5) (as the case requires).\nsubsection (1) or (2) if the defendant was unaware of the personal\nor financial interest.\n(5) The local government subsidiary may:\n(a) provide authorisation, on any conditions it considers\nappropriate, to the chief executive; and\n(b) authorise the chief executive to provide authorisation, on any\nconditions the chief executive considers appropriate, to a staff\nmember.\n(6) The local government subsidiary provides the authorisation under\nsubsection (5):\n(a) for a local government subsidiary with one constituent\ncouncil – by resolution of the constituent council; or\n(b) for a local government subsidiary with more than one\nconstituent council – by resolution of the local government\n\nLocal Government Act 2019 49\n(7) In this section:\n(a) a person who is not an employee but works for, or provides\nservices to, the local government subsidiary on a contract\nbasis; or\n(b) a person who works for the local government subsidiary under\nan arrangement with a labour hire agency; or\n(c) a person acting under powers of the local government\nsubsidiary conferred by delegation.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Abolition of local government subsidiary","content":"74 Abolition of local government subsidiary\n(1) The Minister may, by Gazette notice, abolish a local government\n(2) Irrespective of the constitution of the local government subsidiary,\non abolition of a local government subsidiary, the Minister may\nmake directions in relation to the transfer or vesting of its property,\nrights and liabilities.\n\nLocal Government Act 2019 50\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Object","content":"75 Object\nThe object of this Part is to achieve effective integration and\ninvolvement of local communities in the system of local government\nas it relates to regions.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Local authorities","content":"76 Local authorities\n(1) The Minister may, by Gazette notice, identify a council for a region\nthat must establish and maintain one or more local authorities.\n(2) A council identified in a Gazette notice mentioned in subsection (1)\nmust establish and maintain the local authority in accordance with\nany guidelines that the Minister may make.\n(3) The Minister may, by Gazette notice, abolish a local authority.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Constitution of local authority","content":"77 Constitution of local authority\n(1) A local authority consists of:\n(a) at least one member of the council appointed by the council by\nresolution; and\n(b) such other members of the community or communities within\nthe local authority's area as the council appoints as members\nof the local authority by resolution.\nA member of the council's staff is eligible for appointment as a member of a local\nauthority.\n(2) The member mentioned in subsection (1)(a) is required to be a\nmember for the ward in which the local authority is located and may\nbe the principal member.\n(3) The council must appoint the members under subsection (1)(b) in\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Functions of local authority","content":"78 Functions of local authority\nThe functions of a local authority are:\n(a) to involve local communities more closely in issues related to\nlocal government; and\n\nLocal Government Act 2019 51\n(b) to ensure that local communities are given an opportunity to\nexpress their opinions on questions affecting local\ngovernment; and\n(c) to allow local communities a voice in the formulation of\npolicies for the locality as well as policies for the area and the\nregion; and\n(d) to take the views of local communities back to the council and\nact as advocates on their behalf; and\n(e) to contribute to the development of the relevant regional plan;\nand\n(f) to make recommendations to the council in relation to:\n(i) the council's budget; and\n(ii) the part of the council's area within which the local\nauthority performs its functions; and\n(fa) to endorse the cemetery plan and cemetery policies for each\npublic cemetery and community cemetery located within the\nauthority's area; and\n(g) to perform other functions assigned to the local authority by\nthe Minister, in accordance with any guidelines that the\nMinister may make.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Limits on functions of local authority","content":"79 Limits on functions of local authority\n(1) A local authority must comply with any guidelines that the Minister\nmay make.\n(2) A local authority is subject to control and direction by the council,\nsubject to any guidelines that the Minister may make.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Reporting","content":"80 Reporting\nThe local authority and the council must provide each other with\nreports in accordance with any guidelines that the Minister may\nmake.\n\nLocal Government Act 2019 52\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Council to work with local authority","content":"81 Council to work with local authority\nA council for a region that has established and maintained one or\nmore local authorities must:\n(a) seek advice and recommendations from the local authority or\nlocal authorities in relation to the following:\n(i) the council's budget;\n(ii) the council's priorities for expenditure;\n(iii) the council's service delivery;\n(iv) the council's regional plans;\n(v) the council's strategic directions;\n(vi) the council's funding;\n(vii) matters in relation to cemeteries, including cemetery\nplans and cemetery policies for the public cemeteries\nand community cemeteries located within the local\nauthority's area; and\n(b) ensure its strategies and plans are informed by the vision and\npriorities of the local authority or local authorities; and\n(c) work with the local authority or local authorities to foster\nconstructive working relationships between the council\nmembers and the residents and organisations of the region.\nNotes for section 81\n","sortOrder":84},{"sectionNumber":"1","sectionType":"section","heading":"A council's regional plan must take into account the projects and","content":"1 A council's regional plan must take into account the projects and\npriorities for the area as identified by a local authority under\nsection 34(1)(c).\n","sortOrder":85},{"sectionNumber":"2","sectionType":"section","heading":"The minutes of a meeting of a local authority must form part of the","content":"2 The minutes of a meeting of a local authority must form part of the\nagenda of the next ordinary meeting of the council under section 101(5).\n3 A council's annual report must provide an assessment of the council's\nperformance of service delivery and projects with reference to the advice\nand recommendations of a local authority or authorities under\nsection 291(1)(g).\n","sortOrder":86},{"sectionNumber":"82","sectionType":"section","heading":"Council committees","content":"82 Council committees\n(1) A council may, by resolution, establish one or more council\ncommittees.\n\nLocal Government Act 2019 53\n(2) A council committee consists of the persons appointed, by\nresolution, by the council to be members of the committee.\n(3) The members of a council committee may consist of, or include,\npersons who are not members of the council.\nA member of the council's staff is eligible for appointment as a member of a\ncouncil committee (even though staff members are disqualified from membership\nof the council itself).\n(4) The terms and conditions on which a person holds office as a\nmember of a council committee are to be as determined by the\n(5) The council may, by resolution, abolish a council committee.\n(6) The council must establish or abolish a council committee in\n","sortOrder":87},{"sectionNumber":"83","sectionType":"section","heading":"Nature of committee's functions","content":"83 Nature of committee's functions\n(1) A council committee has the functions assigned to the committee\nby the council.\n(2) The assigned functions may be of an executive or advisory nature.\n(3) A council committee carries out, on behalf of the council, functions\ndelegated to it by the council.\n(4) A council committee must have terms of reference, approved by\ncouncil resolution, that set out its functions.\n","sortOrder":88},{"sectionNumber":"84","sectionType":"section","heading":"Control and direction by council","content":"84 Control and direction by council\nA council committee is subject to control and direction by the\n","sortOrder":89},{"sectionNumber":"85","sectionType":"section","heading":"Procedures","content":"85 Procedures\nSubject to any direction by the council, a council committee may\ndetermine its own procedures.\n","sortOrder":90},{"sectionNumber":"86","sectionType":"section","heading":"Audit committee","content":"86 Audit committee\n(1) A council must, by resolution, establish and maintain an audit\ncommittee.\n\nLocal Government Act 2019 54\n(2) An audit committee consists of the persons appointed, by\nresolution, by the council to be members of the committee.\n(3) The members of an audit committee may consist of, or include,\npersons who are not members of the council.\nA member of the council's staff is eligible for appointment as a member of an\naudit committee (even though staff members are disqualified from membership of\nthe council itself).\n(4) However, the chairperson of an audit committee must not be a\nmember of the council or a member of the council's staff.\n(5) The terms and conditions on which a person holds office as a\nmember of an audit committee are to be as determined by the\n(6) The council may, by resolution, abolish an audit committee.\n(7) The council must establish or abolish an audit committee in\n","sortOrder":91},{"sectionNumber":"87","sectionType":"section","heading":"Nature of committee's functions","content":"87 Nature of committee's functions\nAn audit committee has the following functions in relation to a\ncouncil:\n(a) to monitor and review the integrity of the council's financial\nmanagement;\n(b) to monitor and review internal controls;\n(c) to make recommendations to the council about any matters\nthe committee considers require the council's consideration as\na result of the committee's functions under paragraph (a) or\n(b).\n","sortOrder":92},{"sectionNumber":"88","sectionType":"section","heading":"Control and direction by the council","content":"88 Control and direction by the council\nAn audit committee is subject to control and direction by the\n","sortOrder":93},{"sectionNumber":"89","sectionType":"section","heading":"Procedures","content":"89 Procedures\nSubject to any direction by the council, an audit committee may\ndetermine its own procedures.\n\nLocal Government Act 2019 55\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Nature and timing of council meetings","content":"90 Nature and timing of council meetings\n(1) A council must hold a meeting of its members (an ordinary\nmeeting) at least once in each successive period of 2 months.\n(2) Subject to this Act, a council may deal with business of any kind at\nan ordinary meeting.\n(3) The first ordinary meeting of a council to be held after a general\nelection must:\n(a) be held within 21 days after the conclusion of that general\nelection; and\n(b) set the schedule for the holding of ordinary meetings for the\nterm of the council.\n(4) The schedule for the holding of ordinary meetings may be altered at\na subsequent meeting.\n(5) The council may hold a meeting to deal with a particular item of\nbusiness (a special meeting) whenever circumstances require.\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Convening of meetings","content":"91 Convening of meetings\n(1) Meetings of a council are to be convened by the CEO.\n(2) The CEO must convene a special meeting of the council at a\nspecified time and place to deal with specified business if:\n(a) the principal member or 3 or more other members request the\nCEO in writing to convene the meeting; or\n(b) the council resolves that the special meeting should be\nconvened.\n(3) If the CEO fails to convene a meeting required under this Act, a\nmeeting may be convened by any member of the council.\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Notice for meeting","content":"92 Notice for meeting\n(1) A notice convening a council meeting:\n\nLocal Government Act 2019 56\n(b) must state the date, time, place and agenda (including any\nconfidential business) for the meeting; and\n(c) must include any business papers to be considered at the\nmeeting (including any business papers for confidential\nbusiness); and\n(d) must be given to the members:\n(i) in the case of an ordinary meeting – at least 3 business\ndays before the date of the meeting; and\n(ii) in the case of a special meeting – at least 4 hours before\nthe time appointed for the meeting.\n(2) The notice may be given to a member personally, by post, by email,\nby any other electronic means or in any other way arranged by the\nCEO with the member.\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Publication of notice","content":"93 Publication of notice\n(1) The notice:\n(a) for an ordinary meeting – must be published on the council's\nwebsite at least 3 business days before the date of the\nmeeting; and\n(b) for a special meeting – must be published on the council's\nwebsite at least 4 hours before the time of the meeting.\n(2) If business that deals with confidential information is to be\nconsidered at the meeting, the notice available to the public must\ncontain a statement of that fact and the provision of this Act under\nwhich the information is confidential.\n(4) If the business papers considered at the meeting are different to the\nbusiness papers published for the meeting under subsection (1),\nthe business papers considered at the meeting must be published\non the council's website at the same time the minutes of the\nmeeting are published under section 102(2).\n(5) If any other papers or documents are considered at a meeting that\nhave not been published for the meeting under subsection (1), the\npapers or documents must be published on the council's website at\nthe same time the minutes of the meeting are published under\nsection 102(2).\nNote for section 93\n1 Information may be suppressed from the material that is made publicly\navailable because the information is confidential (see section 293).\n\nLocal Government Act 2019 57\n2 The regulations prescribe the information that may be suppressed.\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Business to be considered at meeting","content":"94 Business to be considered at meeting\nAn ordinary meeting may deal with business of any kind but a\nspecial meeting may deal only with the business for which the\nspecial meeting was convened unless all members are present at\nthe special meeting and unanimously decide, by resolution, to deal\nwith other business.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Procedure at meeting","content":"95 Procedure at meeting\n(1) The chairperson of a meeting of a council is:\n(a) if the principal member is present – the principal member; or\n(b) if the principal member is not present but the deputy principal\nmember is present – the deputy principal member; or\n(c) if neither the principal member nor the deputy principal\nmember is present but an acting principal member is present –\nthe acting principal member; or\n(d) if neither the principal member nor the deputy principal\nmember is present and there is no acting principal member or\nthe acting principal member is not present – a member\nchosen, by resolution, by the members present at the meeting\nto chair the meeting.\n(2) A quorum at a meeting of a council consists of a majority of the\ncouncil's members holding office at the time of the meeting.\n(3) A member who is not physically present at a meeting of a council is\ntaken to be present at the meeting if:\n(a) the member's attendance at the meeting by means of an\naudio or audiovisual conferencing system is authorised in\naccordance with a council resolution establishing a policy for\nattendance in such a manner; and\n(b) communication is established by means of the conferencing\nsystem, at or around the commencement of the meeting,\nbetween the member and the members present at the place\nappointed for the meeting; and\n(c) the member has the same or substantially the same\nopportunity to participate in debate, and to register an opinion,\non questions arising for decision as if the member were\nphysically present at the meeting.\n\n","sortOrder":100},{"sectionNumber":"Part 6","sectionType":"part","heading":"2 Meetings of audit committees, council committees and local authorities","content":"Part 6.2 Meetings of audit committees, council committees and local authorities\nLocal Government Act 2019 58\n(4) Subject to this Act, a decision carried by a majority of the votes of\nthe members present at a meeting of a council is a decision of the\n(5) Each member present at a meeting has and must exercise one vote\non a question arising for decision at the meeting and, if the council\nhas a policy allowing the chairperson to exercise a casting vote, the\nchairperson must exercise, in the event of an equality of votes, a\nsecond or casting vote.\n(6) A policy to allow the chairperson to exercise a casting vote:\n(a) may only be established by resolution of the council passed at\nthe first meeting of the council to be held after a general\nelection; and\n(b) cannot be altered or revoked during the term of the council;\nand\n(c) lapses at the conclusion of the next general election.\n(7) Unless the council decides unanimously to take a vote by secret\nballot, voting is to be by show of hands.\n(8) Subject to this Act, and any by-laws regulating the procedure at a\nmeeting, a council may determine its own procedures.\nPart 6.2 Meetings of audit committees, council\n","sortOrder":101},{"sectionNumber":"96","sectionType":"section","heading":"Timing of meetings of audit committees, council committees","content":"96 Timing of meetings of audit committees, council committees\nand local authorities\n(1) Subject to direction by the council:\n(a) an audit committee meets at times determined by the audit\ncommittee; and\n(b) a council committee meets at times determined by the council\ncommittee.\n(2) Subject to any guidelines that the Minister may make, and to\ndirection by the council, a local authority meets at times determined\nby the local authority.\n","sortOrder":102},{"sectionNumber":"97","sectionType":"section","heading":"Convening of meetings","content":"97 Convening of meetings\n(1) Meetings of an audit committee, a council committee or a local\nauthority are convened by the CEO.\n\nPart 6.2 Meetings of audit committees, council committees and local authorities\nLocal Government Act 2019 59\n(2) The CEO may, at the request of the chairperson of an audit\ncommittee, a council committee or a local authority, convene a\nmeeting of the audit committee, council committee or a local\nauthority.\n(3) A notice convening a meeting:\n(b) must state the date, time, place and agenda for the meeting;\nand\n(c) must be given to the members of the audit committee, council\ncommittee or local authority within the timeframe prescribed\nby regulation and before the time appointed for the meeting;\nand\n(d) must be accessible on the council's website within the\ntimeframe prescribed by regulation and before the time\nappointed for the meeting.\n(4) The notice may be given to a member personally, by post, by email,\nby any other electronic means or in any other way arranged by the\nCEO with the member.\n","sortOrder":103},{"sectionNumber":"98","sectionType":"section","heading":"Procedure at meeting","content":"98 Procedure at meeting\n(1) The chairperson of a meeting of an audit committee, council\ncommittee or local authority is:\n(a) for an audit committee – a member appointed by the council to\nbe the chairperson of the audit committee; or\n(b) for a council committee – a member appointed by the council\nto be the chairperson of the committee; or\n(c) for a local authority – a member appointed by the local\nauthority to be the chairperson of the local authority; or\n(d) for an audit committee, a council committee or a local\nauthority, if the chairperson is not present (or no one is\nappointed to the position of the chairperson at the time of the\nmeeting) – a member chosen by the members present at the\nmeeting to chair the meeting.\n(2) A quorum at a meeting of an audit committee, a council committee\nor a local authority consists of a majority of its members holding\noffice at the time of the meeting.\n\nLocal Government Act 2019 60\n(3) A member who is not physically present at a meeting is taken to be\npresent at the meeting if:\n(a) the member's attendance at the meeting by means of an\naudio or audiovisual conferencing system is authorised in\naccordance with a council resolution establishing a policy for\nattendance in such a manner; and\n(b) communication is established by means of the conferencing\nsystem, at or around the commencement of the meeting,\nbetween the member and the members present at the place\nappointed for the meeting; and\n(c) the member has the same or substantially the same\nopportunity to participate in debate, and to register an opinion,\non questions arising for decision as if the member were\nphysically present at the meeting.\n(4) A decision of an audit committee, a council committee or a local\nauthority is to be by majority vote of the members present at a\n(5) Subject to this Act and any direction by the council, an audit\ncommittee, a council committee or a local authority may determine\nits own procedures.\nPart 6.3 Provisions of general application to meetings\nof audit committees, councils, council\n","sortOrder":104},{"sectionNumber":"99","sectionType":"section","heading":"Meetings to be open to public","content":"99 Meetings to be open to public\n(1) A meeting of a council, council committee or local authority must be\nopen to the public.\n(2) However, the public may be excluded while business of a kind\nprescribed by regulation as confidential business is being\nconsidered.\n(3) If the council, council committee or local authority considers\nconfidential business at a meeting, the agenda for the meeting must\nidentify the type of matter that is to be considered at the meeting.\n(4) A meeting of an audit committee may be conducted in private.\n\nLocal Government Act 2019 61\n","sortOrder":105},{"sectionNumber":"100","sectionType":"section","heading":"Postponement of meeting","content":"100 Postponement of meeting\n(1) If a quorum is not present within 30 minutes of the start time for the\nmeeting of an audit committee, a council, a council committee or a\nlocal authority, the following may postpone a meeting to a time later\non the same day:\n(a) the chairperson;\n(b) if the chairperson is not present but 2 or more members are\npresent – the majority of members present;\n(c) if the chairperson is not present and fewer than 2 members\nare present – the CEO or a person authorised by the CEO.\n(2) If a meeting is postponed under subsection (1), the CEO must, in\nwriting, record the fact that the meeting was postponed and the\nrecord must be published on the council's website.\n(3) If it is impracticable for a meeting to be postponed to a time later on\nthe same day under subsection (1), the CEO may postpone the\nmeeting for up to 21 days.\n(4) The person who postpones a meeting under subsection (1) or (3)\nmust ensure, as far as practicable, that each member receives\nnotice of the postponement and of the time and place to which the\nmeeting has been postponed.\n(5) If a meeting is postponed under subsection (3), the notice of the\npostponement and of the time and place to which the meeting has\nbeen postponed must be, within the timeframe prescribed by\nregulation, published on the council's website.\n","sortOrder":106},{"sectionNumber":"101","sectionType":"section","heading":"Minutes","content":"101 Minutes\n(1) The CEO must ensure that proper minutes of meetings of an audit\ncommittee, a council, a council committee and a local authority are\nkept.\n(2) The minutes must be in writing and:\n(a) must set out:\n(i) the names of the members present at the meeting; and\n(ii) the business transacted at the meeting; and\n(iii) any confidential business that was considered at the\nmeeting; and\n\nLocal Government Act 2019 62\n(iv) any other information required by regulation; and\n(b) must include references to any written reports or\nrecommendations considered in the course of the meeting\ntogether with information about how to obtain access to the\nreports or recommendations.\n(3) The audit committee, council, council committee or local authority\nmust, at its next meeting, or next ordinary meeting, confirm the\nminutes (with or without amendment), including any confidential\nbusiness considered at the meeting, as a correct record of the\n(4) The minutes of an audit committee, a council committee or a local\nauthority must be tabled at the next meeting of the council.\n(5) The minutes of a local authority must be included in the agenda for\nthe next ordinary meeting of the council and the council's response\nto those minutes must be recorded in the minutes of the meeting of\n(6) The council must report back to the local authority on its response\nto the local authority's minutes.\n","sortOrder":107},{"sectionNumber":"102","sectionType":"section","heading":"Public access to minutes","content":"102 Public access to minutes\n(1) This section applies to the minutes of a council, council committee\nor local authority.\n(2) A copy of the minutes must, within 10 business days after the date\nof the meeting to which the minutes relate, be available to the\npublic:\n(b) at the council's public office.\n(3) If business that deals with confidential information was considered\nat the meeting, the copy of the minutes available to the public must\ncontain a statement of that fact and the provision of this Act under\nwhich the information is confidential.\n1 Information may be suppressed from the material that is made publicly\navailable because the information is confidential (see section 293).\n2 The regulations prescribe the information that may be suppressed.\n\nLocal Government Act 2019 63\n(4) A member of the public:\n(a) may inspect without fee, at the council's public office, the copy\nof the minutes made available to the public; and\n(b) may, on payment of any fee fixed by the council, obtain an\nidentical copy of the minutes; and\n(c) may, on payment of any fee fixed by the council, obtain from\nthe CEO a certified copy of, or extract from, the minutes of a\n(5) However, until the council, council committee or local authority has\nconfirmed the minutes as a correct record of the meeting:\n(a) the minutes, in the form in which the minutes are made\navailable to the public, must be marked with a warning to the\neffect that the minutes have not been confirmed as a correct\nrecord of the meeting; and\n(b) no certified copy of, or extract from, the minutes is to be\nissued.\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Calling meeting of electors","content":"103 Calling meeting of electors\n(1) A council may call a meeting of the electors for its area or a ward\nwithin its area.\n(2) A local authority may call a meeting of the electors for its local\nauthority area.\n(3) A meeting of electors is called by giving notice of the time and place\nof the meeting:\n(b) by notice displayed at the council's public office.\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Procedure at meeting","content":"104 Procedure at meeting\n(1) The chairperson of a meeting of electors is to be a person\nnominated by the council or the local authority (as the case\nrequires) to chair the meeting.\n(2) The procedure at the meeting is, subject to any direction by the\ncouncil or the local authority, to be as determined by the\nchairperson.\n\nLocal Government Act 2019 64\n(3) Each elector is entitled to one vote on a question arising for\ndecision at the meeting.\n(4) The chairperson may conclusively determine the qualification of a\nperson present at the meeting to vote.\n(5) A question arising for decision at the meeting must be resolved by\nmajority vote.\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Effect of resolution passed at meeting of electors","content":"105 Effect of resolution passed at meeting of electors\nA resolution passed at a meeting of electors does not bind the\n\nLocal Government Act 2019 65\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"Allowance for members of council","content":"106 Allowance for members of council\n(1) A member of a council is entitled to be paid the allowance or\nallowances determined by the Remuneration Tribunal under\nsection 7B of the Assembly Members and Statutory Officers\n(2) The allowances payable under this section are to be paid by the\n(3) The council must publish the amounts of the allowances payable by\nthe council on its website.\n(4) If there is no determination that applies to a council, the allowances\nare to be as determined by the Minister.\n(5) For subsection (4), the Minister may determine any of the following:\n(a) differential allowances for principal members, deputy principal\nmembers and other members of a local government council;\n(b) a fixed amount, a minimum amount or a maximum amount of\nan allowance;\n(c) different categories of allowances;\n(d) that an allowance should be indexed and the basis of, and\nmethod for, indexation;\n(e) any rules that apply to eligibility for, or payment or application\nof, an allowance.\n(6) If the Minister determines a minimum amount of an allowance\nunder subsection (5)(b), the Minister must also determine a\nmaximum amount of that allowance.\n(7) If the Remuneration Tribunal or the Minister determines an\nallowance for members of a council that is not a fixed amount, the\ncouncil may fix the amount of that allowance payable to members in\nrespect of each financial year as part of the council's budget.\n\nLocal Government Act 2019 66\n(8) Subject to a determination referred to in subsection (1) or under\nsubsection (5), the allowances fixed by a council for a financial year\nunder subsection (7):\n(a) must not be increased during the financial year; and\n(b) may be decreased during the financial year.\n(9) If a council fixes an allowance at a rate less than the maximum\namount in a determination referred to in subsection (1) or under\nsubsection (5), the allowance payable must be proportionate for all\ncouncil members.\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"Allowance for members of local authority","content":"107 Allowance for members of local authority\n(1) A member of a local authority is entitled to be paid the allowance or\nallowances determined by the Remuneration Tribunal under\nsection 7E of the Assembly Members and Statutory Officers\n(2) The allowances payable under this section are to be paid by the\n(3) The council must publish on its website the amounts of the\nallowances payable by the council.\n(4) If there is no determination that applies to a local authority, the\nallowances must be determined by the council in accordance with\nany guidelines that the Minister may make and that apply in the\nrelevant financial year.\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Expenses and benefits","content":"109 Expenses and benefits\n(1) A council may, by resolution, adopt a policy providing that members\nof an audit committee, a council, a council committee or a local\nauthority are (subject to the conditions and limitations determined\nby the council) entitled to payment or reimbursement of reasonable\nexpenses for travel and accommodation necessary for:\n(a) attending a meeting of the audit committee, council, council\ncommittee or local authority for which the person is a member;\nor\n(b) attending to business of the council in accordance with a prior\nresolution of the council.\n\nLocal Government Act 2019 67\n(2) A council may, by resolution, adopt a policy providing that members\nof the council are entitled to the following that may be incurred or\nrequired as a result of undertaking official duties:\n(a) payment or reimbursement of other reasonable expenses;\n(b) non-monetary benefits.\n(3) The expenses or benefits under this section must:\n(a) be provided for in the council's budget; and\n(b) be identified in monthly and annual financial reports of the\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Annual return of interests – members","content":"110 Annual return of interests – members\n(1) A council member must submit an annual return to the CEO,\n(a) within 60 days of the council member's election; and\n(b) by no later than 30 September each year for the duration of\nthe council member's membership.\n(2) The annual return must be submitted in the prescribed form.\n(3) However, if a member has submitted an annual return of interests\nafter 31 March in a calendar year, the member is not required to\nsubmit another return before 30 September in that year.\n(4) A member commits an offence if:\n(a) the member engages in conduct; and\n(b) the conduct results in a failure to submit an annual return of\ninterests in accordance with this section.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n\nLocal Government Act 2019 68\n","sortOrder":115},{"sectionNumber":"111","sectionType":"section","heading":"Register of annual returns of interests","content":"111 Register of annual returns of interests\nThe CEO must keep a register (register of annual returns of\ninterests) of annual returns of interests of council members.\n","sortOrder":116},{"sectionNumber":"112","sectionType":"section","heading":"Relevant gifts and benefits","content":"112 Relevant gifts and benefits\n(1) A council must, by resolution, adopt a policy in relation to relevant\ngifts or benefits received by council members.\n(2) The policy must:\n(a) differentiate between what is given to a council member for\nthe council and what is given to the member as a relevant gift\nor benefit; and\n(b) be in accordance with any relevant guidelines the Minister\nmay make.\n(3) A council member must notify the CEO as soon as practicable after\nthe council member receives a relevant gift or benefit from another\nperson.\n","sortOrder":117},{"sectionNumber":"113","sectionType":"section","heading":"Register of declared gifts and benefits","content":"113 Register of declared gifts and benefits\n(1) The CEO must keep a register (register of declared gifts and\nbenefits) setting out the relevant gifts and benefits received by\ncouncil members.\n(2) The register of declared gifts and benefits must set out:\n(a) the name of the member that received the relevant gift or\nbenefit; and\n(b) the details of the relevant gift or benefit, in accordance with\nthe council's policy mentioned in section 112(1); and\n(c) any other matter prescribed by regulation.\n","sortOrder":118},{"sectionNumber":"114","sectionType":"section","heading":"Conflict of interest","content":"114 Conflict of interest\n(1) A member has a conflict of interest in a question arising for\ndecision by the audit committee, council, council committee or local\nauthority if the member or an associate of the member has any of\nthe following interests in how the question is decided:\n(a) a direct interest;\n(b) an indirect financial interest;\n(c) an indirect interest by close association;\n\nLocal Government Act 2019 69\n(d) an indirect interest due to conflicting duties.\n(2) However, each of the following is not a conflict of interest:\n(a) an interest that the member or associate shares in common\nwith the general public or a substantial section of the public;\n(b) an interest as an elector or ratepayer that the member or\nassociate shares in common with other electors or ratepayers;\n(c) an interest so remote or insignificant that it could not\nreasonably be regarded as likely to influence a decision.\ndirect interest means an interest that occurs when a member is\nlikely to be directly affected if the matter is decided in a particular\nway.\nExample for definition direct interest\nA company controlled by the member is tendering for a contract that is being\ndiscussed by the council.\nindirect financial interest means an interest that occurs when a\nmember is likely to receive a benefit or incur a loss because\nanother person has an interest.\nExample for definition indirect financial interest\nThe member has shares in, or is employed by, a company that is tendering for a\ncontract that is being discussed by the council.\nindirect interest by close association means an interest that\noccurs when an associate of a member has a direct or indirect\ninterest, or a resident of the member's household has a direct\ninterest.\nExamples for definition indirect interest by close association\n1 The member's sibling is suing the council and the council is considering\nwhether to settle the matter.\n2 A resident of the member's household is tendering for a contract that is\nbeing discussed by the council.\nindirect interest due to conflicting duties means an interest that\noccurs when a member is a director, partner, agent, trustee,\nmanager, office holder or employee of a person or entity, including\na non-profit body or association, that has a direct interest.\nExamples for definition indirect interest due to conflicting duties\n1 The member is a director of a non-profit body or association that is\nseeking a sponsorship or donation being discussed by the council.\n\nLocal Government Act 2019 70\n2 The member is an employee of a non-profit body or association that is\ntendering for a contract being discussed by the council.\n","sortOrder":119},{"sectionNumber":"115","sectionType":"section","heading":"Disclosure of interest","content":"115 Disclosure of interest\n(1) As soon as practicable after a member becomes aware of a conflict\nof interest in a matter that has arisen or is about to arise before an\naudit committee, a council, a council committee or a local authority,\nthe member must disclose the interest that gives rise to the conflict\n(the relevant interest):\n(a) at a meeting of the audit committee, council, council\ncommittee or local authority; and\n(b) to the CEO.\n(2) A member must not:\n(a) be present at a meeting of the audit committee, council,\ncouncil committee or local authority while a matter in which the\nmember has a conflict of interest is under consideration; or\n(b) participate in any decision in relation to the matter; or\n(c) engage in behaviour that may influence the audit committee,\ncouncil, council committee or local authority's consideration of\nor decision in relation to the matter.\n(3) The Minister may approve the following on any conditions the\nMinister considers appropriate:\n(a) a member's participation in the consideration of the matter in\nwhich the member has a conflict of interest;\n(b) a member's participation in the decision in relation to the\nmatter in which the member has a conflict of interest.\n(4) A member commits an offence if the member:\n(a) intentionally engages in conduct; and\n(b) the conduct results in a failure to disclose an interest and the\nmember is reckless in relation to the result.\n(5) A member commits an offence if the member:\n(a) intentionally engages in conduct; and\n\nLocal Government Act 2019 71\n(b) the conduct results in a contravention of subsection (2) or a\ncondition of an approval in subsection (3) and the member is\nreckless in relation to the result.\n(6) If NTCAT finds that a member has participated in the decision of an\naudit committee, a council, a council committee or a local authority\ncontrary to this section, NTCAT may, on application by an elector or\nratepayer of the local government area, declare the decision void.\n","sortOrder":120},{"sectionNumber":"116","sectionType":"section","heading":"Register of declared conflicts","content":"116 Register of declared conflicts\n(1) The CEO must keep a register (register of declared conflicts)\nsetting out conflicts of interest disclosed by council members under\nsection 115.\n(2) The register of declared conflicts must set out:\n(a) the name of the member making the disclosure of the conflict\nof interest; and\n(b) the nature of the interest that gives rise to the conflict of\ninterest; and\n(c) the nature of the question on which the conflict of interest\narises; and\n(d) any other matter prescribed by regulation.\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Registers to be published","content":"117 Registers to be published\nThe register of annual returns of interests, the register of declared\nconflicts and the register of declared gifts and benefits must be\npublished on the council's website.\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Improper use of information","content":"118 Improper use of information\n(a) the person obtains information as a member of an audit\ncommittee, a council, a council committee or a local authority;\nand\n\nLocal Government Act 2019 72\n(c) the conduct results in the improper use of the information and\nthe person is reckless in relation to the result.\n(2) Strict liability applies to subsection (1)(a).\n(3) A person makes improper use of information if the person uses it to\ngain some private benefit for the person or another person, or uses\nit to inflict harm on another person.\n","sortOrder":123},{"sectionNumber":"Div 1","sectionType":"division","heading":"Code of conduct to apply","content":"Division 1 Code of conduct to apply\n","sortOrder":124},{"sectionNumber":"119","sectionType":"section","heading":"Code of conduct to apply","content":"119 Code of conduct to apply\n(1) The code of conduct set out in Schedule 1 governs the conduct of\nmembers of an audit committee, a council, a council committee and\na local authority.\n(2) The code of conduct must be published on the council's website.\n","sortOrder":125},{"sectionNumber":"Div 2","sectionType":"division","heading":"Contravention of code of conduct by council","content":"Division 2 Contravention of code of conduct by council\nmembers\n","sortOrder":126},{"sectionNumber":"120","sectionType":"section","heading":"Complaints of contravention of code of conduct","content":"120 Complaints of contravention of code of conduct\n(1) A person (the complainant) who believes that a council member\nhas contravened a council's code of conduct may lodge a complaint\nwith the CEO:\n(a) stating the name of the member alleged to have committed\nthe contravention (the respondent); and\n(b) giving particulars of the alleged contravention.\n(2) The complaint:\n(a) must be in the approved form; and\n(b) must include a statutory declaration, made by the\ncomplainant, verifying the allegations of fact made against the\nrespondent; and\n\nLocal Government Act 2019 73\n(c) must be made within 3 months after the date of the alleged\ncontravention.\n","sortOrder":127},{"sectionNumber":"121","sectionType":"section","heading":"Policy for contravention of code of conduct","content":"121 Policy for contravention of code of conduct\nA council must, by resolution, adopt a policy in relation to a\ncontravention of the code of conduct.\n","sortOrder":128},{"sectionNumber":"122","sectionType":"section","heading":"Complaint referred to council by CEO","content":"122 Complaint referred to council by CEO\n(1) As soon as practicable after receiving a complaint under\nsection 120, the CEO must refer the complaint to the council.\n(2) After receiving the complaint from the CEO, the council must:\n(a) decide the complaint; or\n(b) refer the complaint to a panel (council panel) for the council\npanel to decide the complaint; or\n(c) refer the complaint to a third party.\n(3) A council panel is established by the council and consists of at least\n3 members of the council.\n(4) The regulations may prescribe any other procedures to be\nundertaken by the CEO or council on receipt of a complaint.\n","sortOrder":129},{"sectionNumber":"123","sectionType":"section","heading":"Council or council panel decides complaint","content":"123 Council or council panel decides complaint\n(1) If the council or council panel decide the complaint under\nsection 122(2)(a) or (b), the council or council panel must decide, in\naccordance with the council's policy:\n(a) that no action is to be taken; or\n(b) that the respondent did not contravene the council's code of\nconduct; or\n(c) that the respondent contravened the council's code of\n(2) If the council or council panel make a decision under\nsubsection (1)(a), the council or council panel is not required to\ndecide whether the respondent contravened the council's code of\n\nLocal Government Act 2019 74\n(3) If the council or council panel make a decision under\nsubsection (1)(c) the council or council panel must decide, in\naccordance with the council's policy, the following:\n(a) to take no action;\n(b) either or both of the following:\n(i) to issue a reprimand to the respondent;\n(ii) to recommend that the complainant, respondent or any\nother person attend training, mediation or counselling by\na specified date.\n","sortOrder":130},{"sectionNumber":"124","sectionType":"section","heading":"Complainant or respondent may request referral to third party","content":"124 Complainant or respondent may request referral to third party\nor refer to prescribed corporation\n(1) The complainant or respondent may request the council refer the\ncomplaint to a third party before the council has taken an action\nunder section 122(2).\n(2) The council may accept or reject a request under subsection (1).\n(3) The following may refer the complaint to the prescribed corporation\nbefore the council has taken an action under section 122(2):\n(a) if the complainant is a member of the council – the\ncomplainant;\n(b) the respondent.\n","sortOrder":131},{"sectionNumber":"125","sectionType":"section","heading":"Referral to third party","content":"125 Referral to third party\n(a) the council refers the complaint to a third party under\nsection 122(2)(c); or\n(b) the complainant or respondent has requested that the\ncomplaint be considered by a third party under section 124(1)\nand the council has accepted the request.\n(2) The third party must:\n(a) consider the complaint; and\n(b) refer the complaint back to the council.\n(3) The third party may give advice in relation to the complaint to the\n\nLocal Government Act 2019 75\n(4) After receiving a referral from the third party under\nsubsection (2)(b), the council must:\n(a) take into consideration any advice of the third party in relation\nto the complaint; and\n(b) decide the complaint in accordance with section 123.\n","sortOrder":132},{"sectionNumber":"126","sectionType":"section","heading":"Notice of decision – council or council panel","content":"126 Notice of decision – council or council panel\n(1) This section applies if the council or council panel has made a\ndecision under section 123 or 125(4)(b).\n(2) The council or council panel must, within 90 days of the receipt of\nthe complaint by the CEO, give a decision notice of the decision to\nthe complainant and the respondent.\n(3) A complainant or respondent may, within 28 days of receiving the\ndecision notice under subsection (2), apply to the prescribed\ncorporation for consideration of the complaint.\n","sortOrder":133},{"sectionNumber":"127","sectionType":"section","heading":"Referral or application for consideration to prescribed","content":"127 Referral or application for consideration to prescribed\ncorporation\n(a) a complainant or respondent refers the complaint to the\nprescribed corporation under section 124(3); or\n(b) a complainant or respondent applies to the prescribed\ncorporation for consideration of the complaint under\nsection 126(3) after the council or council panel made a\ndecision.\n(2) On receipt of a referral or application the prescribed corporation\nmust establish a panel (prescribed corporation panel) of the\nfollowing to make a decision under this section:\n(a) 2 nominees of the corporation;\n(b) one nominee of the Agency.\n(3) The prescribed corporation panel must decide:\n(a) that no action is to be taken; or\n(b) that the respondent did not contravene the council's code of\nconduct; or\n(c) that the respondent contravened the council's code of\n\nLocal Government Act 2019 76\n(4) If the prescribed corporation panel makes a decision under\nsubsection (3)(a), the prescribed corporation panel is not required\nto decide whether the respondent contravened the council's code of\n(5) If the prescribed corporation panel makes a decision under\nsubsection (3)(c) the prescribed corporation panel must decide the\n(a) to take no action;\n(b) any or a combination of the following:\n(i) to issue a reprimand to the respondent;\n(ii) to recommend that the complainant, respondent or any\nother person attend training, mediation or counselling by\na specified date;\n(iii) any other recommendation the prescribed corporation\npanel considers appropriate.\n","sortOrder":134},{"sectionNumber":"128","sectionType":"section","heading":"Procedure of prescribed corporation panel","content":"128 Procedure of prescribed corporation panel\n(1) The prescribed corporation panel may summarily reject a complaint\nreferred under section 124(3) or an application to consider a\ncomplaint under section 126(3) without considering the complaint if\nthe prescribed corporation panel is satisfied that:\n(a) the complaint would more appropriately form the subject\nmatter of a criminal charge; or\n(b) the complaint is frivolous, vexatious or lacking in substance.\n(2) If the prescribed corporation panel summarily rejects a complaint\nunder subsection (1)(b), the prescribed corporation panel must give\na decision notice to the complainant and the respondent as soon as\npracticable after making the decision.\n(3) If the prescribed corporation panel decides to proceed to consider\nthe complaint, the prescribed corporation panel must give the\ncomplainant and the respondent an opportunity to make\nrepresentations to the panel.\n(4) The prescribed corporation panel must decide an application to\nconsider a complaint under section 126(3) as if the council or the\ncouncil panel had not made a decision in relation to the complaint.\n\n","sortOrder":135},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"No decision by council, council panel or prescribed corporation panel","content":"Subdivision 2 No decision by council, council panel or prescribed corporation panel\nLocal Government Act 2019 77\n(5) The prescribed corporation panel may obtain information in any\nway it considers appropriate and is not bound by the rules of\nevidence, however the rules of natural justice apply.\n(6) Proceedings of the prescribed corporation panel are to be held in a\nplace open to the public unless the prescribed corporation panel\nconsiders it desirable, in the public interest, to hold the proceedings\nin private.\n","sortOrder":136},{"sectionNumber":"129","sectionType":"section","heading":"Notice of decision – prescribed corporation panel","content":"129 Notice of decision – prescribed corporation panel\nThe prescribed corporation panel must, within 90 days of the\nreceipt of the referral under section 124(3) or the application under\nsection 126(3) give a decision notice of the prescribed corporation\npanel's decision under section 127 to the complainant and the\nrespondent.\n","sortOrder":137},{"sectionNumber":"130","sectionType":"section","heading":"Failure to comply with prescribed corporation panel","content":"130 Failure to comply with prescribed corporation panel\nrecommendation\n(1) If a person is subject to a recommendation of the prescribed\ncorporation panel, and does not comply with the recommendation,\nthe complainant or the respondent may apply to NTCAT to deal\nwith the failure.\n(2) NTCAT, after determining the application, may:\n(a) order that the complainant, respondent or any other person\nattend training, mediation or counselling by a specified\ndate; or\n(b) if NTCAT finds the respondent contravened the code of\nconduct – order that the respondent not subsequently\ncontravene the code of conduct; or\n(c) make any other order NTCAT considers appropriate.\nSubdivision 2 No decision by council, council panel or\nprescribed corporation panel\n","sortOrder":138},{"sectionNumber":"131","sectionType":"section","heading":"No decision by council or council panel","content":"131 No decision by council or council panel\n(1) If the council or council panel does not give a decision notice in\naccordance with section 126, the complainant or respondent may\nrefer the complaint to the prescribed corporation.\n(2) On receipt of an application under subsection (1), sections 127 to\n130 apply.\n\nLocal Government Act 2019 78\n","sortOrder":139},{"sectionNumber":"132","sectionType":"section","heading":"No decision by prescribed corporation panel","content":"132 No decision by prescribed corporation panel\n(1) If the prescribed corporation panel does not give a decision notice\nin accordance with section 129, the complainant or respondent may\nrefer the complaint to NTCAT.\n(2) NTCAT must deal with the complaint in accordance with\nsections 127 to 129, as if it were the prescribed corporation panel.\n(3) In addition to the powers set out in section 127, NTCAT may:\n(a) if NTCAT finds the respondent contravened the code of\nconduct – order that the respondent not subsequently\ncontravene the code of conduct; or\n(b) make any other order NTCAT considers appropriate.\n","sortOrder":140},{"sectionNumber":"133","sectionType":"section","heading":"Removal of member from office","content":"133 Removal of member from office\n(1) If a member of a council is convicted of an offence under this Act or\nanother Act demonstrating that the member to be unfit to remain in\noffice, a person may apply to NTCAT to determine whether the\nmember, once convicted, is unfit to remain in office.\n(2) The applicant must:\n(a) reside in the same local government area as the member; and\n(b) be registered to vote in the local government area.\n(3) NTCAT must consider the following in determining whether the\nmember is unfit to remain in office:\n(a) whether the nature and details of the offence makes the\nmember unfit to remain in office;\n(b) the member's role as a community representative;\n(c) the member's position of influence and trust;\n(d) the member's responsibility for managing public funds.\n(4) If NTCAT determines the member has been convicted of an offence\nthat demonstrates that the member is unfit to remain in office,\nNTCAT may dismiss the member from office.\n\nLocal Government Act 2019 79\n(5) If NTCAT dismisses the member under subsection (4), NTCAT may\ndisqualify the person from holding office as a council member for a\nperiod of up to 5 years.\n(6) NTCAT must, in writing, notify the Electoral Commissioner if it\ndecides the following:\n(a) dismisses a member under subsection (4);\n(b) disqualifies the person from holding office under\nsubsection (5).\n\nLocal Government Act 2019 80\n","sortOrder":141},{"sectionNumber":"134","sectionType":"section","heading":"Minister's power to call general election","content":"134 Minister's power to call general election\n(1) The Minister may call a general election for an area if:\n(a) the area is newly constituted; or\n(b) subject to subsection (3), a substantial change is made\naffecting the electoral representation of the area; or\n(c) a general election fails for any reason.\n(2) The general election is called by Gazette notice fixing a date for the\n(3) If the substantial change affecting the electoral representation of\nthe area is because the area is divided into wards or there is a\nchange in the boundaries of the wards within the area, the Minister\nmay, instead of calling a general election for the area, call a\nby-election for the ward or wards.\n","sortOrder":142},{"sectionNumber":"135","sectionType":"section","heading":"Periodic general elections","content":"135 Periodic general elections\n(1) A periodic general election is to be held:\n(a) on 28 August 2021; and\n(b) on the 4th Saturday in August in the 4th year after the most\nrecent previous periodic general election was held.\n(2) The Electoral Commissioner may, by Gazette notice, provide that a\nperiodic general election be held on a date other than the date on\nwhich it is scheduled to be held under subsection (1) (the nominal\ndate) if:\n(a) the date for an election mentioned in section 394 of the\nCommonwealth Electoral Act 1918 (Cth) is the same as the\nnominal date; or\n(b) the date for a general election under the Electoral Act 2004 is\nthe same as the nominal date.\n(3) However, the new date on which the periodic general election is to\nbe held under subsection (2) must not be:\n(a) earlier than 2 months before the nominal date; or\n\nLocal Government Act 2019 81\n(b) later than 2 months after the nominal date.\n(4) Subject to subsection (5), if a general election for an area is called\nby the Minister under section 134 or if a general election for the\ncouncil is called by the Minister under section 319(1) or (2), and the\ngeneral election is held less than 1 year before the date for a\nperiodic general election under this section:\n(a) a further periodic general election for the area must not be\nheld on the later date; and\n(b) the next periodic general election for the area must be held on\nthe date on which it is scheduled to be held under\nsubsection (1), as if the general election for the area or council\nhad not been called by the Minister and a periodic general\nelection had been held in the ordinary course.\n(5) A general election for an area must not be called less than\n3 months before a periodic general election.\n","sortOrder":143},{"sectionNumber":"136","sectionType":"section","heading":"By-elections","content":"136 By-elections\n(1) This section applies to a by-election that is to be held under the\n(a) section 54(2)(a) or (b)(ii), 65(3) or 134(3);\n(b) a provision prescribed by regulation.\n(2) If the member whose seat has become vacant represented a ward,\nthe by-election is confined to the ward.\n(3) A by-election is to be held on a date fixed by the returning officer.\n(4) If a by-election is to be held under section 54(2)(a) or (b)(ii), the\ndate for the by-election must fall within 4 months after the Electoral\nCommissioner:\n(a) is notified of the casual vacancy:\n(i) by the CEO under section 51(3) or (4) or 53(2); or\n(ii) by NTCAT under section 56(7) or 133(6); or\n(b) confirms the casual vacancy under section 52(3).\n\nLocal Government Act 2019 82\n(5) If the by-election mentioned in subsection (4) is because a member\nof a council has resigned under section 50(c), the nomination date\nfor the by-election must be after the date that the member's\nresignation takes effect.\n(6) Unless a person is appointed under subsection (7) to be the\nreturning officer for a by-election, the by-election (including\nnomination of candidates and other related processes) is to be\nconducted as decided by the Electoral Commissioner.\nNote for subsection (6)\nSee section 141 for the requirements in relation to the conduct of an election or\npoll of electors.\n(7) The council may appoint the CEO or another person (other than the\nElectoral Commissioner) to be the returning officer for the\nby-election, by doing the following within 2 months after the\nElectoral Commissioner is notified of the casual vacancy under\nsection 51(3) or (4), 53(2), 56(7) or 133(6) or confirms the casual\nvacancy under section 52(2):\n(a) passing a resolution appointing the person;\n(b) if the person is not the CEO – entering into a contract with the\nperson for the performance of the functions of returning\n(8) As soon as practicable after the council appoints a person to be the\nreturning officer for a by-election under subsection (7), and in any\nevent not later than 5 days after the appointment, the council must\nnotify the Electoral Commissioner of the identity of the returning\n(9) However, failure to notify the Electoral Commissioner under\nsubsection (8) does not affect the validity of the appointment.\n(10) In this section:\nreturning officer, for a by-election, means:\n(a) if a resolution is passed under subsection (7) in relation to the\nby-election – the person appointed by the resolution; or\n(b) otherwise – the Electoral Commissioner.\n","sortOrder":144},{"sectionNumber":"137","sectionType":"section","heading":"Resolution for mandatory postal vote election","content":"137 Resolution for mandatory postal vote election\n(1) A council for a municipality may decide that the only way to vote in\na by-election (a mandatory postal vote election) is by postal vote.\n\nLocal Government Act 2019 83\n(2) If the council does so, the council must, within 2 months after the\nElectoral Commissioner is notified of a casual vacancy under\nsection 51(3) or (4), 53(2), 56(7) or 133(6) or confirms the casual\nvacancy under section 52(3), pass a resolution declaring the\nby-election to be a mandatory postal vote election.\n(3) As soon as practicable after the council passes the resolution, and\nin any event not later than 5 days after the passage of the\nresolution, the council must notify the following persons that the\nresolution has been passed:\n(a) if the returning officer is the Electoral Commissioner – the\nElectoral Commissioner;\n(b) otherwise – the Electoral Commissioner and the returning\n(4) Failure to notify a person as required by subsection (3) does not\naffect the validity of the resolution.\n","sortOrder":145},{"sectionNumber":"138","sectionType":"section","heading":"Entitlement to vote","content":"138 Entitlement to vote\nA person is entitled to vote at an election or a poll of electors for an\narea or a ward if:\n(a) the person is an elector for the area or ward in which the\nelection or poll is to be conducted on the date on which the\nelectoral roll for the election or poll closes; or\n(b) subject to any requirements prescribed by the regulations, the\nperson is entitled under the Electoral Act 2004 to be enrolled\nas an elector for the area or ward in which the election or poll\nis to be conducted.\n","sortOrder":146},{"sectionNumber":"139","sectionType":"section","heading":"Electoral rolls","content":"139 Electoral rolls\n(1) The Electoral Commission must prepare a new roll for an area or\nward whenever it is necessary to do so in order to allow for the\nconduct of an election or poll of electors.\n(2) The roll must contain the same information about each elector\nrequired of a roll prepared under the Electoral Act 2004.\nSection 11 of the Electoral Act 2004 specifies the information required of a roll\nprepared under that Act.\n\nLocal Government Act 2019 84\n(3) If the address of an elector is suppressed from a roll prepared\nunder the Electoral Act 2004, it must also be suppressed from the\nroll prepared for this Act.\n(4) An electoral roll closes for an election or a poll of electors on a date\ndetermined in accordance with the regulations.\n(5) When an electoral roll closes, it must be available for public\ninspection until the conclusion of the election or poll at the Electoral\nCommission's public offices.\n(6) As soon as practicable after an electoral roll closes for a\nby-election, the Electoral Commissioner must give a copy of the roll\nto the returning officer (unless the Electoral Commissioner is the\nreturning officer).\n(7) Access is to be permitted to the electoral roll for the area or ward on\nthe same basis as access to a roll under the Electoral Act 2004.\n","sortOrder":147},{"sectionNumber":"140","sectionType":"section","heading":"Use of electoral roll for by-election","content":"140 Use of electoral roll for by-election\n(1) A returning officer for a by-election commits an offence if:\n(a) the returning officer is given a copy of an electoral roll under\nsection 139(6); and\n(b) the returning officer intentionally engages in conduct; and\n(c) the conduct results in the information obtained from the copy\nof the roll being used improperly and the returning officer is\nreckless in relation to the result.\nMaximum penalty: 80 penalty units.\n(2) A person, other than the returning officer for a by-election, commits\nan offence if:\n(a) the returning officer for the by-election is given a copy of an\nelectoral roll under section 139(6); and\n(c) the conduct results in the information obtained from the copy\nof the roll being used improperly and the person is reckless in\nrelation to the result.\nMaximum penalty: 50 penalty units.\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n\nLocal Government Act 2019 85\nimproper, in relation to the use of the copy of the electoral roll,\nmeans that the copy of the roll is used otherwise than for a proper\npurpose connected with the by-election.\n","sortOrder":148},{"sectionNumber":"141","sectionType":"section","heading":"Conduct of elections and polls","content":"141 Conduct of elections and polls\n(1) Subject to section 136(6), an election or poll of electors must be\nconducted in accordance with the regulations.\n(2) If a periodic general election under this Act is to be held on the\npolling day for the election under the Constitutional Convention\n(Election) Act 2001, the regulations may provide for any of the\n(a) additional provisions to facilitate the holding of the election\nunder that Act and the periodic general election on that day;\n(b) modifications of specified provisions in this Chapter and the\nregulations to facilitate the holding of both elections on that\nday;\n(c) a matter arising because of the holding of both elections on\nthat day.\n","sortOrder":149},{"sectionNumber":"142","sectionType":"section","heading":"Voting","content":"142 Voting\n(1) Voting is compulsory.\n(2) Subject to a resolution passed under section 137 and the\nregulations, an elector may vote:\n(a) by returning a postal vote; or\n(b) if the Minister approves – by voting electronically in a manner\napproved by the Minister; or\n(c) by attending and voting at a voting centre; or\n(d) in any other way authorised by regulation.\n(a) the person is an elector; and\n\nLocal Government Act 2019 86\n(b) the person fails to vote at an election or poll of electors.\nMaximum penalty: 1 penalty unit.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n","sortOrder":150},{"sectionNumber":"143","sectionType":"section","heading":"Disputing validity of election or poll","content":"143 Disputing validity of election or poll\n(1) The returning officer or a person with a proper interest in the result\nof an election or poll of electors may, by application to NTCAT,\ndispute the result of the election or poll.\n(2) A person has a proper interest in the result of an election or poll if\nthe person:\n(a) was a candidate or a prospective candidate for election for the\nrelevant area whose nomination was rejected; or\n(b) is an elector for the relevant area.\n(3) An application disputing the result of an election:\n(a) must state the grounds on which the applicant seeks relief\nfrom NTCAT; and\n(b) must state the nature of the remedy sought by the applicant.\n(4) An application must be filed with the Registrar of NTCAT within\n21 days after the conclusion of the election or poll of electors to\nwhich it relates.\n(5) The period mentioned in subsection (4) cannot be extended.\n","sortOrder":151},{"sectionNumber":"144","sectionType":"section","heading":"Service of application","content":"144 Service of application\n(1) An application disputing the result of an election or poll of electors\nmust be served on:\n(a) the returning officer; and\n(b) any member or candidate for election whose position could be\naffected by the result of the application; and\n(c) any person on whom the NTCAT directs service.\n\nLocal Government Act 2019 87\n(2) A person on whom an application is served is a respondent to the\n(3) A respondent may, within 7 days after service of the application or a\nlonger period allowed by NTCAT, file in NTCAT a reply to the\n(4) A reply must be served on the applicant and any other respondents.\n","sortOrder":152},{"sectionNumber":"145","sectionType":"section","heading":"Powers of NTCAT","content":"145 Powers of NTCAT\n(1) NTCAT has the following powers:\n(a) declare the election or poll of electors void and order another\nelection;\n(b) declare a person who should have been declared elected to\nhave been duly elected as a member of the council;\n(c) declare a respondent to the application not to have been duly\nelected as a member of the council;\n(d) order that the votes for an ineligible candidate be distributed to\nthe candidate next in order of the voter's preferences on the\nballot paper.\n(2) NTCAT must not disturb the result of an election on the ground of\nan error affecting the conduct of the election unless satisfied that\nthe error is a material error that is likely to have affected the result\nof the election.\n(3) If, in the course of an inquiry under this Part, NTCAT finds that a\nperson has committed an offence, the Registrar of NTCAT must, as\nsoon as practicable, report the finding to the Minister.\n(4) NTCAT cannot inquire into the correctness of an electoral roll and\nmust take the roll to be conclusive evidence that the persons\nenrolled were, at the close of the roll, entitled to be enrolled.\n(5) Section 140 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply in relation to a decision of NTCAT\nunder this section.\n","sortOrder":153},{"sectionNumber":"146","sectionType":"section","heading":"Exclusive method of challenge","content":"146 Exclusive method of challenge\nThe validity or result of an election or poll of electors cannot be\nchallenged except by proceedings under this Part.\n\nLocal Government Act 2019 88\n","sortOrder":154},{"sectionNumber":"147","sectionType":"section","heading":"Interpretation","content":"147 Interpretation\n(1) In this Part:\ncampaign donation return means the return required to be given\nby a candidate to the Electoral Commission under section 148.\ncorporation means a corporation as defined in section 57A of the\nCorporations Act 2001 (Cth).\ndetails means:\n(a) for a donation or loan made on behalf of the members of an\nunincorporated association, other than a registered industrial\norganisation:\n(i) the name of the association; and\n(ii) the names and addresses of the members of the\nexecutive committee (however described) of the\nassociation; or\n(b) for a donation or loan out of a trust fund or the funds of a\nfoundation:\n(i) the names and addresses of the trustees of the fund or\nfoundation; and\n(ii) the name, title or description of the trust fund or\nfoundation; or\n(c) for another donation or loan – the name and address of the\nperson or entity that made the donation or loan.\ndisclosure period means:\n(a) for a periodic general election held under section 135 – the\nperiod mentioned in section 149(1); or\n(b) for a general election held under section 134 or 319 – the\nperiod mentioned in section 149(2); or\n(c) for a by-election – the period mentioned in section 149(3).\ndisposition of property means a disposition of property as defined\nin section 176 of the Electoral Act 2004.\ndonation means any disposition of property made by a person or\nentity to someone else without consideration in money or money's\n\nLocal Government Act 2019 89\nworth or with inadequate consideration, and includes providing a\nservice for no consideration or for inadequate consideration, but\ndoes not include:\n(a) a disposition of property by will; or\n(b) volunteer labour provided by a person that is:\n(i) conducted outside the person's normal working hours or\nwhile the person is on leave; and\n(ii) not remunerated; or\n(c) such a disposition of property or service provided to a\ncandidate for election:\n(i) that is made in a private capacity to the candidate for the\ncandidate's personal use; and\n(ii) that the candidate has not used, and will not use, solely\nor substantially for a purpose related to an election.\nentity, see section 176 of the Electoral Act 2004.\nloan, see section 176 of the Electoral Act 2004.\n(2) For this Part, the regulations may:\n(a) prescribe matters relating to methods or processes for\ndetermining the value of a donation; and\n(b) broaden or narrow the definition of donation.\n","sortOrder":155},{"sectionNumber":"148","sectionType":"section","heading":"Campaign donation return","content":"148 Campaign donation return\n(1) Each candidate for election who received a donation or loan during\nthe disclosure period for that election must give a campaign\ndonation return for the disclosure period to the Electoral\nCommission within 40 days after the expiry of the disclosure period.\n(2) The campaign donation return must be in the form approved by the\nElectoral Commission.\n(3) Despite subsection (1), a candidate for election is not required to\ngive a campaign donation return for:\n(a) a donation from a person or entity if the amount or value of the\ndonation and the sum of all other donations made by the\nperson or entity to the candidate during the disclosure period\nfor the election is less than $200; or\n\nLocal Government Act 2019 90\n(b) a loan from a person or entity (the lender) to the candidate if:\n(i) the lender is an ADI; or\n(ii) the amount or value of the loan is less than $1 500.\n","sortOrder":156},{"sectionNumber":"149","sectionType":"section","heading":"Disclosure period","content":"149 Disclosure period\n(1) The disclosure period for a periodic general election held under\nsection 135 is the period beginning on 1 July in the year before the\nyear in which the election is to be held and ending 30 days after the\nelection day for the election.\n(2) The disclosure period for a general election held under\nsection 134 or 319 is:\n(a) if the general election is to be held in the same year that a\nperiodic general election is scheduled to be held under\nsection 135 – the period beginning on 1 July in the year before\nthe year in which the election is to be held and ending 30 days\nafter the election day for the election; or\n(b) otherwise – the period beginning on 1 July preceding the day\non which the general election is to be held and ending 30 days\nafter the election day for the election.\n(3) The disclosure period for a by-election is the period beginning on\n1 July preceding the day on which the by-election is to be held and\nending 30 days after the election day for the election.\n","sortOrder":157},{"sectionNumber":"150","sectionType":"section","heading":"Candidate to know details for donation or loan","content":"150 Candidate to know details for donation or loan\nA candidate must not accept a donation or loan from a person or\nentity during the disclosure period unless the candidate knows the\ndetails for the campaign donation return for the donation or loan.\n","sortOrder":158},{"sectionNumber":"151","sectionType":"section","heading":"Contents of return","content":"151 Contents of return\n(1) A campaign donation return must include the following information\nfor the disclosure period:\n(a) the amounts or values of each donation made, directly or\nindirectly, to the candidate;\n(b) the dates each donation was made;\n(c) the details of the donors;\n(d) the amounts and terms of any loan to the candidate;\n(e) the details of the lenders of the loan.\n\nLocal Government Act 2019 91\n(3) A copy of the campaign donation return must be made available for\npublic inspection by the Electoral Commissioner 30 days after the\ncandidate was required to give the campaign donation return and\nfor 4 years from that date.\n(4) The candidate must keep and maintain records in relation to the\ndonations or loans specified in the campaign donation return for a\nperiod of 4 years.\n","sortOrder":159},{"sectionNumber":"152","sectionType":"section","heading":"Incomplete campaign donation return","content":"152 Incomplete campaign donation return\nIf a candidate cannot complete a campaign donation return, the\ncandidate may:\n(a) prepare the campaign donation return to the extent possible;\nand\n(ab) give the Electoral Commission the campaign donation return\nso prepared; and\n(b) give the Electoral Commission a notice stating:\n(i) the return is incomplete; and\n(ii) the information the candidate cannot obtain; and\n(iii) the reasons why the candidate cannot obtain the\ninformation; and\n(iv) if the candidate believes on reasonable grounds that\nanother person can provide the information, the name\nand address of the person.\n","sortOrder":160},{"sectionNumber":"153","sectionType":"section","heading":"Permission to amend campaign donation return","content":"153 Permission to amend campaign donation return\n(1) A candidate may request permission from the Electoral\nCommission:\n(a) to personally amend a campaign donation return to correct an\nomission or an error; or\n(b) for the Electoral Commission to amend a campaign donation\nreturn to correct an omission or an error.\n(2) The amendment of a campaign donation return under this section\ndoes not affect the liability of a candidate for an offence against\nsection 154(2).\n\nLocal Government Act 2019 92\n","sortOrder":161},{"sectionNumber":"154","sectionType":"section","heading":"Offences","content":"154 Offences\n(1) A candidate commits an offence if:\n(aa) the candidate is required to give the Electoral Commission a\ncampaign donation return for the disclosure period under\nsection 148; and\n(a) the candidate engages in conduct; and\n(b) the conduct results in a failure to give the Electoral\nCommission a campaign donation return within the time\nrequired under section 148(1).\n(2) A candidate, except a candidate who complies with section 152,\ncommits an offence if:\n(aa) the candidate is required to give the Electoral Commission a\ncampaign donation return for the disclosure period under\nsection 148; and\n(a) the candidate engages in conduct; and\n(b) the conduct results in the giving of an incomplete campaign\ndonation return to the Electoral Commission.\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n","sortOrder":162},{"sectionNumber":"155","sectionType":"section","heading":"Time limit for starting prosecutions","content":"155 Time limit for starting prosecutions\nDespite section 52 of the Local Court (Criminal Procedure)\nAct 1928 and section 329(4) of this Act, a prosecution for an\noffence against section 154(1) or (2) may be started at any time\nwithin 4 years after commission of the offence.\n","sortOrder":163},{"sectionNumber":"156","sectionType":"section","heading":"Investigation by Electoral Commission","content":"156 Investigation by Electoral Commission\nSections 216 to 219 of the Electoral Act 2004 apply to this Part.\n\nLocal Government Act 2019 93\n","sortOrder":164},{"sectionNumber":"157","sectionType":"section","heading":"Definitions","content":"157 Definitions\ncampaign material, see section 158.\nelectoral matter, see section 159.\n","sortOrder":165},{"sectionNumber":"158","sectionType":"section","heading":"Meaning of campaign material","content":"158 Meaning of campaign material\n(1) Campaign material is an advertisement, document or any other\nthing that is intended to promote the electoral prospect of a\nparticular candidate or group of candidates for an election.\n(2) Without limiting subsection (1), campaign material includes the\n(a) an electoral advertisement;\n(b) a printed document containing an electoral matter (for\nexample, a handbill, pamphlet or how-to-vote card);\n(c) a message containing an electoral matter that is sent by\ntelephone or otherwise broadcast by electronic means;\n(d) material containing an electoral matter that is published.\n(3) The returning officer for an election may, in writing, declare a thing\nmentioned in subsection (1) or (2) is not campaign material.\n(4) The returning officer may do so only if the returning officer is\nsatisfied the declaration is warranted having regard to all of the\n(a) any information contained in the thing and the way in which\nthe information is presented;\n(b) the person for whom the thing is created;\n(c) the way in which the thing is intended to be used or\ndistributed;\n(d) any other matters as the returning officer considers\nappropriate.\n\nLocal Government Act 2019 94\n","sortOrder":166},{"sectionNumber":"159","sectionType":"section","heading":"Meaning of electoral matter","content":"159 Meaning of electoral matter\n(1) Electoral matter is matter, in printed or electronic form, that is\nintended or likely to affect voting at an election.\n(2) Without limiting subsection (1), matter is taken to be intended or\nlikely to affect voting at an election if it contains an express or\nimplicit reference to or comment on:\n(a) the election; or\n(b) a candidate for the election; or\n(c) the performance of a member, or former member, of a council;\nor\n(d) an issue submitted to, or otherwise before, the electors in\nrelation to the election.\n","sortOrder":167},{"sectionNumber":"160","sectionType":"section","heading":"Minister's powers in relation to election","content":"160 Minister's powers in relation to election\nThe Minister may, before or after the expiration of a relevant time\nlimit, extend the time for holding an election, or for taking any step\nin relation to the holding of an election.\n","sortOrder":168},{"sectionNumber":"161","sectionType":"section","heading":"Caretaker policy during general election","content":"161 Caretaker policy during general election\n(1) A council must, by resolution, adopt a caretaker policy governing\nthe conduct of the council and its staff during the period that:\n(a) commences on the nomination day for a general election as\nprescribed by regulation; and\n(b) ends when the result of the general election is declared in\naccordance with the regulations.\n(2) The caretaker policy must be published on the council's website.\n","sortOrder":169},{"sectionNumber":"162","sectionType":"section","heading":"Interference with proper conduct of election or poll","content":"162 Interference with proper conduct of election or poll\n(b) the conduct results in the obstruction or interference with the\nproper conduct of an election or poll of electors; and\n\nLocal Government Act 2019 95\n(c) the person is reckless in relation to the result.\n(b) the conduct is violence or intimidation; and\n(c) the conduct results in the influence of the vote of an elector at\nan election or poll of electors; and\n(d) the person is reckless in relation to the result.\n(3) Strict liability applies to subsection (2)(b).\n","sortOrder":170},{"sectionNumber":"163","sectionType":"section","heading":"Secrecy of vote","content":"163 Secrecy of vote\n(a) the person is acting in an official capacity in relation to an\nelection or poll of electors or is assisting a person to vote; and\n(b) the person finds out how a voter voted; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the voter's vote and the\nperson is reckless in relation to the result.\nMaximum penalty: 200 penalty units or imprisonment for\n12 months.\n(2) Strict liability applies to subsection (1)(a) and (b).\n","sortOrder":171},{"sectionNumber":"164","sectionType":"section","heading":"Offences relating to campaign material","content":"164 Offences relating to campaign material\n(b) the conduct results in the publication or distribution of\ncampaign material and the person is reckless in relation to\nthat result.\n\nLocal Government Act 2019 96\n(2) Subsection (1) does not apply if:\n(a) the publication is the announcement on the council's website\nof the holding of a meeting; or\n(b) the campaign material:\n(i) clearly states, in a sufficient font size to be read by the\nintended audience for the material and given the type of\nmaterial, the name and address of the person\nauthorising the publication or distribution; and\n(ii) clearly identifies, in a sufficient font size to be read by\nthe intended audience for the material and given the\ntype of material, the source of the funding for that\nmaterial; and\n(iii) if the material is a printed document – includes the name\nand address of the printer who printed the document;\nand\n(iv) if the material is intended to be viewed from 2 sides –\nincludes the information mentioned in this paragraph on\nboth sides.\n(b) the conduct results in the publication or distribution of\ncampaign material and the person is reckless in relation to\nthat result; and\n(c) the campaign material:\n(i) is likely to mislead a voter casting a vote; or\n(ii) is likely to deceive a voter casting a vote; or\n(iii) is likely to improperly interfere with a voter casting a\nvote; or\n(iv) contains an untrue or incorrect statement; and\n(d) the person has knowledge of the circumstance mentioned in\nparagraph (c).\n\nLocal Government Act 2019 97\n165 CEO\n(1) A council must appoint an individual to be the CEO.\n(2) The CEO may, in writing, appoint a Deputy CEO for the period (not\nexceeding 2 years) specified in the appointment, and is eligible for\nreappointment.\n(3) If the CEO is on leave:\n(a) if there is a Deputy CEO who is available to act – the Deputy\nCEO acts as CEO; and\n(b) if there is no Deputy CEO, or the Deputy CEO is absent or\nunavailable to act – a person nominated by the CEO to act in\nthat situation acts as CEO.\n(4) The CEO must notify the principal member of the council of a\nnomination made by the CEO under subsection (3)(b).\n(5) The CEO must notify all members of the council if the CEO will be\non leave.\n(6) Appointments to the office of CEO are to be made, as occasion\nrequires, by the council in accordance with:\n(a) the requirements prescribed by regulation; and\n(b) any relevant guidelines the Minister may make.\n","sortOrder":172},{"sectionNumber":"166","sectionType":"section","heading":"Eligibility for CEO and Deputy CEO","content":"166 Eligibility for CEO and Deputy CEO\n(1) A person is not eligible to be the CEO or the Deputy CEO if:\n(a) the person is disqualified from managing a corporation under\nthe Corporations Act 2001 or the Corporations (Aboriginal and\n(b) the person is disqualified under section 40 of the Associations\nAct 2003; or\n(c) the person is bankrupt.\n\nLocal Government Act 2019 98\n(2) However, a person mentioned in subsection (1) becomes eligible to\nbe the CEO or the Deputy CEO if the circumstances in that\nsubsection no longer apply to the person.\n","sortOrder":173},{"sectionNumber":"167","sectionType":"section","heading":"Role and functions of CEO","content":"167 Role and functions of CEO\nThe CEO is responsible to the council:\n(a) to ensure that the council's policies, plans and lawful decisions\nare implemented and to ensure council reviews council's\npolicies, plans and decisions in a timely manner; and\n(b) to undertake the day-to-day management of the council's\noperations, including the management of the council's staff;\nand\n(c) to ensure that the appointment of the council's staff is properly\nmanaged within the budget allocated to staffing expenditure\napproved by the council; and\n(d) to ensure that the management of the council's operations are\nproperly managed within the budget allocated to non-staffing\nexpenditure approved by the council; and\n(e) to provide or obtain for the council the information and advice\nthe council reasonably requires for effectively carrying out its\nfunctions; and\n(f) to ensure that the council's constituency is kept properly\ninformed about council policies, programs and decisions and\nto ensure that appropriate and prompt responses are given to\nspecific requests for information; and\n(g) to ensure that the council's assets and resources are properly\nmanaged and maintained; and\n(h) to ensure that proper standards of financial management are\nmaintained, including proper controls over revenue and\nexpenditure; and\n(i) to ensure that financial and other records are properly made\nand maintained; and\n(j) to appoint, manage and, if necessary, terminate the\nappointment of the council's staff (other than the CEO); and\n(k) to ensure that the council's policies on human resource\nmanagement comply with section 172; and\n\nLocal Government Act 2019 99\n(l) to carry out other functions delegated to the CEO by the\ncouncil or assigned to the CEO under this Act or another Act.\n","sortOrder":174},{"sectionNumber":"168","sectionType":"section","heading":"Delegation by CEO","content":"168 Delegation by CEO\n(1) The CEO may delegate the CEO's powers and functions under this\nAct or another Act.\n(2) A delegation may be made to an individual or a committee.\n(3) Despite subsections (1) and (2):\n(a) the power to authorise a staff member in relation to a conflict\nof interest under section 179(6) cannot be delegated; and\n(b) a power or function under the Burial and Cremation Act 2022\ncan only be delegated to an individual.\n(4) Despite subsection (2), the CEO must not delegate a power or\nfunction to the following:\n(a) an audit committee;\n(b) a council committee;\n(c) a local authority;\n(d) a local government subsidiary.\n","sortOrder":175},{"sectionNumber":"169","sectionType":"section","heading":"Vacancy","content":"169 Vacancy\n(1) If there is a vacancy in the office of the CEO, the council must\nadvertise the vacancy:\n(a) within 8 weeks of the vacancy occurring; and\n(b) in accordance with the requirements prescribed by regulation.\n(2) The CEO of the Agency may, in writing, extend the period\nmentioned in subsection (1)(a) for a further specified period if the\nCEO is satisfied that there are exceptional circumstances justifying\nthe extension.\n","sortOrder":176},{"sectionNumber":"170","sectionType":"section","heading":"Other staff of council","content":"170 Other staff of council\nThe CEO is responsible for the appointment of the council's staff in\naccordance with a budget allocated to staffing expenditure\napproved by the council.\n\nLocal Government Act 2019 100\n","sortOrder":177},{"sectionNumber":"171","sectionType":"section","heading":"CEO to notify council of change in staff","content":"171 CEO to notify council of change in staff\nThe CEO must notify each member of the council if any of the\nfollowing occurs:\n(a) the CEO appoints a person to be a council senior staff\nmember;\n(b) a council senior staff member resigns;\n(c) a council senior staff member's appointment is terminated;\n(d) a council senior staff member's contract expires and is not\nrenewed.\n","sortOrder":178},{"sectionNumber":"172","sectionType":"section","heading":"Principles of human resource management","content":"172 Principles of human resource management\nA council must adopt policies on human resource management and\nensure that those policies give effect to the following principles:\n(a) selection processes for appointment or promotion:\n(i) must be based on merit; and\n(ii) must be fair and equitable;\n(b) the council's staff must have reasonable access to training\nand development and opportunities for advancement and\npromotion;\n(c) the council's staff must be treated fairly and consistently and\nmust not be subjected to arbitrary or capricious decisions;\n(d) there must be suitable processes for dealing with\nemployment-related grievances;\n(e) working conditions must be safe and healthy;\n(f) there must be:\n(i) no unlawful discrimination against a member, or\npotential member of the council's staff on the ground of\nsex, sexuality, marital status, pregnancy, race, physical\nor intellectual impairment, age or any other ground; and\n(ii) no other form of unreasonable or otherwise unjustifiable\ndiscrimination against a member or potential member of\nthe council's staff.\n\nLocal Government Act 2019 101\n","sortOrder":179},{"sectionNumber":"173","sectionType":"section","heading":"Employment policies","content":"173 Employment policies\n(1) The CEO must maintain up-to-date employment policies.\n(2) The employment policies:\n(a) must cover:\n(i) recruitment; and\n(ii) probation and performance assessment; and\n(iii) opportunities for advancement that are based on merit\nand are fair and equitable; and\n(iv) access to training and development; and\n(v) access to employment-related benefits; and\n(vi) resolution of employment-related grievances; and\n(b) may cover other employment-related subjects.\n(3) The employment policies must be consistent with the principles of\nhuman resource management specified in section 172.\n","sortOrder":180},{"sectionNumber":"174","sectionType":"section","heading":"Allowances and other benefits policy","content":"174 Allowances and other benefits policy\n(1) A council must, by resolution, adopt a policy in relation to\nallowances and any other benefits for the CEO.\n(2) The CEO must determine a policy in relation to allowances and any\nother benefits for the council's staff.\n(3) The policies:\n(a) must cover:\n(i) allowances; and\n(ii) vehicles; and\n(iii) accommodation; and\n(b) may cover other subjects related to allowances and other\nbenefits.\n","sortOrder":181},{"sectionNumber":"175","sectionType":"section","heading":"Code of conduct for CEO and staff","content":"175 Code of conduct for CEO and staff\n(1) A council must, by resolution, adopt a code of conduct for the CEO.\n\nLocal Government Act 2019 102\n(2) The CEO must determine the code of conduct for the council's staff.\n","sortOrder":182},{"sectionNumber":"Part 9","sectionType":"part","heading":"4 Local government subsidiary","content":"Part 9.4 Local government subsidiary\n","sortOrder":183},{"sectionNumber":"176","sectionType":"section","heading":"Application to local government subsidiary","content":"176 Application to local government subsidiary\n(1) This Chapter, except Parts 9.1 and 9.7, apply to a local government\nsubsidiary as if:\n(a) a reference to a council were a reference to a local\ngovernment subsidiary; and\n(b) a reference to a CEO were a reference to a chief executive.\n(2) In relation to the application of Part 9.3, the local government\nsubsidiary may:\n(a) create its own policies or code of conduct; or\n(b) adopt the policies or code of conduct of its constituent council\nor one of its constituent councils.\n(3) The policies and code of conduct of the local government\nsubsidiary must be approved by the constituent council or councils.\n","sortOrder":184},{"sectionNumber":"177","sectionType":"section","heading":"Standards to be observed by council's staff and local","content":"177 Standards to be observed by council's staff and local\ngovernment subsidiary's staff\nThe CEO and other members of a council's staff and the chief\nexecutive and other members of a local government subsidiary's\nstaff must maintain proper standards of integrity, diligence and\nconcern for the public interest.\n","sortOrder":185},{"sectionNumber":"178","sectionType":"section","heading":"Annual return of interests – staff","content":"178 Annual return of interests – staff\n(1) The following persons must submit an annual return to the council\n(a) a CEO;\n(b) a council senior staff member.\n\nLocal Government Act 2019 103\n(2) The following persons must submit an annual return to the\nconstituent council or councils of a local government subsidiary\n(a) a chief executive;\n(b) a local government subsidiary senior staff member.\n(3) Each person mentioned in subsection (1) or (2) must submit the\nannual return of interests:\n(a) within 14 days of the commencement of the person's\nemployment; and\n(b) by no later than 30 September each year for the duration of\nthe person's employment.\n(4) However, if the person has submitted an annual return of interests\nafter 31 March in a calendar year, the person is not required to\nsubmit another return before 30 September in that year.\n(5) The council and the constituent council or councils of the local\ngovernment subsidiary must keep a register of annual returns of\ninterest submitted under this section.\n(6) A person commits an offence if:\n(a) the person engages in conduct; and\n(b) the conduct results in a failure to submit an annual return of\ninterests in accordance with this section.\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant has a reasonable excuse.\n(9) In this section:\nlocal government subsidiary senior staff member means a\nmember of staff of the local government subsidiary:\n(a) employed in a position in the management level immediately\nbeneath the chief executive of the local government subsidiary\nin the local government subsidiary's organisational structure;\nand\n\nLocal Government Act 2019 104\n(b) directly reporting to the chief executive of the local\n","sortOrder":186},{"sectionNumber":"179","sectionType":"section","heading":"Offences for conflict of interest","content":"179 Offences for conflict of interest\n(b) the person has a personal or financial interest in a matter in\nregard to which the staff member is required or authorised to\nact or give advice; and\n(c) the person does not disclose the interest:\n(i) if the person is the CEO – to the council; or\n(ii) in any other case – to the CEO.\n(b) the person has a personal or financial interest in a matter in\nregard to which the staff member is required or authorised to\nact or give advice; and\n(c) the person acts in the matter in a way other than as authorised\nby the CEO or the council (as the case requires).\nsubsection (1) or (2) if the defendant was unaware of the personal\nor financial interest.\n(5) The council may, by resolution, provide the authorisation mentioned\nin subsection (2)(c) to the CEO.\n(6) The CEO may, in writing, provide the authorisation mentioned in\nsubsection (2)(c) to a staff member.\n(7) A separate authorisation under subsection (2)(c), (5) or (6) is\nrequired for each instance in which a conflict arises.\n\nLocal Government Act 2019 105\n(8) In this section:\n(a) a person who is not an employee but works for, or provides\nservices to, the council on a contract basis; or\n(b) a person who works for the council under an arrangement with\na labour hire agency; or\n(c) a person (other than a member of the council, a council\ncommittee or a local authority) acting under powers of the\ncouncil conferred by delegation.\n","sortOrder":187},{"sectionNumber":"180","sectionType":"section","heading":"Portability of long service leave rights","content":"180 Portability of long service leave rights\n(1) A person (the applicant), who leaves the employment of one\nemployer to which this section applies (the former employer) and\nenters the employment of another employer to which this section\nalso applies (the later employer) within 3 months, may elect, in\naccordance with this section, to transfer accrued and accruing\nrights to long service leave to the later employment.\n(2) An employer must, as soon as practicable after an employee enters\ninto employment, require the employee to provide to the employer,\nnot later than 28 days after the requirement, a written declaration\nstating:\n(a) whether the employee was employed by another employer\nwithin the 3 months immediately preceding the entering into\nemployment; and\n(b) if the employee was employed by another employer within\nthose 3 months – whether the employee elects to transfer\naccrued and accruing rights to long service leave to the later\n(3) The requirement under subsection (2) is to be given to the\nemployee not later than 5 days after the employee enters into\nemployment, but failure to do so within those 5 days does not affect\nthe validity of the requirement.\n(4) An employee who does not provide a declaration under\nsubsection (2) is considered to have decided not to elect to transfer\nany accrued and accruing rights to long service leave to the later\n\nLocal Government Act 2019 106\n(5) If the declaration under subsection (2) states that the employee\nelects to transfer accrued and accruing rights to long service leave\nto the later employment:\n(a) the later employer must, not later than 3 months after the\nemployee enters into employment, notify the former employer,\nin writing, that the employee has made an election under this\nsection; and\n(b) the former employer must, not later than 30 days after\nreceiving a notification under paragraph (a):\n(i) notify the later employer, in writing, of the applicant's\naccrued and accruing rights to long service leave as\nappear from the former employer's records; and\n(ii) pay to the later employer the amount of the provision for\nlong service leave in the former employer's accounts.\n(6) An amount mentioned in subsection (5)(b)(ii) that remains unpaid\nafter the 30 days may be recovered as a debt due to the later\nemployer from the former employer by action in a court of\ncompetent jurisdiction.\n(7) This section applies to the following employers:\n(a) a council for an area within the Territory;\n(b) a local government subsidiary formed with the Minister's\napproval under this Act;\n(c) the prescribed corporation.\n","sortOrder":188},{"sectionNumber":"181","sectionType":"section","heading":"Resignation to contest election – staff members","content":"181 Resignation to contest election – staff members\n(1) This section applies if the following persons resign in order to stand\nas a candidate for election to a council, the Legislative Assembly,\nthe Commonwealth House of Representatives or the Senate:\n(a) a CEO;\n(b) a chief executive;\n(c) a staff member of a council;\n(d) a staff member of a local government subsidiary.\n\nLocal Government Act 2019 107\n(2) However, this section does not apply if a person mentioned in\nsubsection (1) resigns in order to stand as a candidate for election\nto a council that is not:\n(a) in the case of a CEO or a staff member of a council – the\ncouncil the CEO or staff member is employed by; or\n(b) in the case of a chief executive or a staff member of a local\ngovernment subsidiary – the constituent council or councils for\nthe local government subsidiary the chief executive or staff\nmember is employed by.\n(3) The person must give the following written notice at the time of\nresignation that the person claims the benefit of this section:\n(a) for a CEO – the principal member of the council;\n(b) for a subsidiary chief executive – the constituent council or\ncouncils of the local government subsidiary;\n(c) for a staff member of a council – the CEO of the council;\n(d) for a staff member of a local government subsidiary – the\nsubsidiary chief executive for the local government subsidiary.\n(4) The person's resignation must take effect not more than 28 days\nbefore the close of nominations for the relevant election.\n(5) If the person is not elected, and applies to the person mentioned in\nsubsection (3) to be reinstated within 7 days after the result of the\nelection is declared, the person must be reinstated to the person's\nformer position or an equivalent position.\n(6) A person reinstated under subsection (5) is to be treated as having\nbeen on unpaid leave between the date of resignation and the date\nof reinstatement.\n","sortOrder":189},{"sectionNumber":"182","sectionType":"section","heading":"Protection from liability","content":"182 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as a member of staff of a council.\n(2) Any civil liability that would, but for this section, attach to a member\nof staff of a council, attaches instead to the council.\n\nLocal Government Act 2019 108\n","sortOrder":190},{"sectionNumber":"183","sectionType":"section","heading":"Appointment of authorised persons","content":"183 Appointment of authorised persons\n(1) A council may, in writing, appoint a person (other than a member of\nthe council) to be an authorised person.\n(2) The council may, by written notice to the authorised person:\n(a) add to, or vary, any limitations and conditions of\nappointment; or\n(b) revoke the appointment.\n","sortOrder":191},{"sectionNumber":"184","sectionType":"section","heading":"Powers of authorised persons","content":"184 Powers of authorised persons\nAn authorised person is, subject to any limitations and conditions of\nappointment, authorised to exercise the powers conferred on an\nauthorised person by or under this Act.\n","sortOrder":192},{"sectionNumber":"185","sectionType":"section","heading":"Identity card","content":"185 Identity card\n(1) The council must give an authorised person an identity card stating\nthe person's name and that the person is an authorised person.\n(2) The identity card must:\n(a) display a recent photograph of the authorised person; and\n(b) state the card's date of issue and expiry; and\n(c) be signed by the authorised person.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":193},{"sectionNumber":"186","sectionType":"section","heading":"Return of identity card","content":"186 Return of identity card\n(1) A person who ceases to be an authorised person must return the\nperson's identity card to the council within 21 days after the\ncessation.\n\nLocal Government Act 2019 109\n","sortOrder":194},{"sectionNumber":"187","sectionType":"section","heading":"Power to require statement of name and address","content":"187 Power to require statement of name and address\n(1) If an authorised person reasonably suspects a person of having\ncommitted an offence against this Act or the council's by-laws, the\nauthorised person may require the person:\n(a) to state the person's name and address; and\n(b) if the authorised person considers further evidence of identity\nnecessary – to provide further evidence of a specified kind of\nidentity.\n(b) the person fails to comply with the requirement.\n(3) An offence against subsection (2) is an offence of strict liability.\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":195},{"sectionNumber":"188","sectionType":"section","heading":"Power to enter land or premises","content":"188 Power to enter land or premises\n(1) An authorised person may, with the necessary authority, enter land\nor premises for an authorised purpose and remain on the land or\npremises for as long as may be necessary for that purpose.\n(2) The necessary authority is:\n(a) the consent of the occupier; or\n(b) a warrant issued by a justice of the peace; or\n(c) in an emergency – the CEO's authorisation.\n(3) A justice of the peace may, if satisfied by information verified by\noath, that there are reasonable grounds on which an authorised\nperson should be authorised to enter land or premises to carry out\nan authorised purpose, issue a warrant accordingly.\n\nLocal Government Act 2019 110\n(4) An authorised purpose is any one or more of the following:\n(a) investigating a suspected offence against this Act or a by-law;\n(b) taking necessary action in an emergency:\n(i) to protect the health of, or prevent injury to, a person or\nanimal; or\n(ii) to relieve the suffering of an animal; or\n(iii) to seize or destroy a savage, diseased or injured animal;\n(c) destroying a dog that has, within the preceding 24 hours,\nattacked and injured a person in a public place;\n(d) exercising any other power conferred on an authorised person\nby this Act or a by-law.\n","sortOrder":196},{"sectionNumber":"189","sectionType":"section","heading":"Assistance of police","content":"189 Assistance of police\nAn authorised person may call a police officer for assistance in the\nexercise of powers under this Act or a by-law.\n","sortOrder":197},{"sectionNumber":"190","sectionType":"section","heading":"Obstruction of authorised person","content":"190 Obstruction of authorised person\n(a) the person intentionally obstructs another person; and\n(b) the other person is an authorised person; and\n(c) the authorised person is acting in an official capacity and the\nperson has knowledge of that circumstance.\n(2) Strict liability applies to subsection (1)(b).\nobstruct includes hinder and resist.\n\nLocal Government Act 2019 111\nPart 10.1 Receipt and expenditure of money\n191 Definition\nauthorised deposit account means an account with an ADI.\n192 Authorised deposit accounts\n(1) A council or local government subsidiary may establish as many\nauthorised deposit accounts as may be necessary for proper\nfinancial administration.\n(2) All money received by a council or local government subsidiary\nmust be paid into an authorised deposit account.\n(3) All expenditure made by a council or local government subsidiary\nmust be made from an authorised deposit account.\n","sortOrder":198},{"sectionNumber":"193","sectionType":"section","heading":"Segregation of certain money","content":"193 Segregation of certain money\n(1) Trust money must be kept separate from the general funds of the\ncouncil or local government subsidiary but money subject to\ndifferent trusts may be kept together in a common authorised\ndeposit account (to be designated as a trust account).\n(2) If a council or local government subsidiary receives funds for a\nparticular purpose, the funds must not be used for any other\npurpose unless the provider of the funds authorises use of the\nfunds for another purpose.\nNote for section 193\nIf money is given on trust, this provision is not intended to limit the power of the\nSupreme Court to vary the terms of trust (see section 266).\n","sortOrder":199},{"sectionNumber":"194","sectionType":"section","heading":"Investment","content":"194 Investment\n(1) A council or local government subsidiary may invest money not\nimmediately required for the purposes of the council or local\n(2) The Minister may, after consultation with the Treasurer, issue\ninvestment guidelines.\n\n","sortOrder":200},{"sectionNumber":"Part 10","sectionType":"part","heading":"3 Council or local government subsidiary borrowing","content":"Part 10.3 Council or local government subsidiary borrowing\nLocal Government Act 2019 112\n(3) A council may, by resolution, adopt a policy for investing money\nthat is consistent with this Act and the Minister's guidelines.\n(4) A local government subsidiary may adopt a policy for investing\nmoney, approved by the constituent council or councils, that is\nconsistent with this Act and the Minister's guidelines.\n(5) An investment must be in accordance with the council's policy or\nthe local government subsidiary's policy for investing money.\n(6) If the council or local government subsidiary do not have a policy\nfor investing money, the council or local government subsidiary may\nonly invest money by banking money in an interest bearing account\nwith an ADI.\nPart 10.3 Council or local government subsidiary\nborrowing\n195 Definition\nborrowing, see section 196.\n196 Meaning of borrowing\nA council or local government subsidiary borrows money if the\ncouncil or local government subsidiary obtains any form of financial\naccommodation.\nExamples for section 196\n1 The financial accommodation might take the form of an overdraft or a loan of\nsome other kind.\n2 If a council or local government subsidiary acquires possession of goods\nunder a hire-purchase agreement, a lease or an instalment purchase\narrangement, the council or local government subsidiary is taken to borrow\nmoney equivalent to the present value of the future consideration to be paid\nby the council or local government subsidiary under the agreement, lease or\narrangement.\n","sortOrder":201},{"sectionNumber":"197","sectionType":"section","heading":"Council's or local government subsidiary's power to borrow","content":"197 Council's or local government subsidiary's power to borrow\n(1) Subject to subsection (2), the Minister's approval, to be given after\nconsultation with the Treasurer, is required before a council or local\ngovernment subsidiary borrows money.\n\nPart 10.3 Council or local government subsidiary borrowing\nLocal Government Act 2019 113\n(2) However, the Minister's approval is not required for the following:\n(a) an advance on overdraft if:\n(i) the term of the advance does not exceed 2 months; and\n(ii) the amount of the advance does not exceed 2% of the\ncouncil's total revenue for the last financial year for\nwhich the council has an audited financial statement;\n(b) a transaction classified as a minor transaction under\nguidelines issued by the Minister.\n(3) Subject to subsection (4), the council or local government\nsubsidiary may borrow money if:\n(a) for the council – council has, by resolution, sought the\nMinister's approval to borrow money; and\n(b) for the local government subsidiary – the local government\nsubsidiary has obtained written authorisation from each of its\nconstituent councils to seek the Minister's approval to borrow\nmoney; and\n(c) if the Minister's approval is required for the borrowing – the\nMinister has approved the borrowing of the money.\n(4) If subsection (2) applies, the council or local government subsidiary\nmay borrow money if:\n(a) for the council – the council has, by resolution, decided to\nborrow money; and\n(b) for the local government subsidiary – the local government\nsubsidiary has obtained written authorisation from each of its\nconstituent councils to borrow money.\n(5) A council resolution or written authorisation under subsection (3)(a)\nor (b) or (4)(a) or (b) must specify the following:\n(a) the amount to be borrowed;\n(b) the proposed lender or provider of financial accommodation;\n(c) the purpose of the loan or financial accommodation;\n(d) the terms of the loan or financial accommodation.\n\nLocal Government Act 2019 114\n","sortOrder":202},{"sectionNumber":"198","sectionType":"section","heading":"Security for borrowing","content":"198 Security for borrowing\n(1) A council or local government subsidiary may, with the Minister's\napproval, give security for a borrowing in the nature of a mortgage\nor charge over property of the council or local government\n(2) The property over which a security is granted may consist of or\ninclude (present and future) general revenue of the council or local\n(3) The Minister must not approve a security over property if, in the\nMinister's opinion, it is essential that the property be retained in the\nownership of the council or local government subsidiary.\n(4) The Minister must consult with the Treasurer before approving a\nsecurity under this section.\n","sortOrder":203},{"sectionNumber":"199","sectionType":"section","heading":"Security over general revenue","content":"199 Security over general revenue\n(1) If a council or local government subsidiary defaults on an obligation\nsecured on the general revenue of the council or local government\nsubsidiary, the Supreme Court may, on application by the holder of\nthe security or a trustee for holders of the security:\n(a) make one or both of the following orders:\n(i) an order requiring the council or local government\nsubsidiary to appropriate a specified portion of its\nrevenue to the satisfaction of its obligations;\n(ii) an order requiring the council to raise a specified amount\nby way of rates and directing that the amount raised be\napplied towards satisfaction of the council's or local\ngovernment subsidiary's obligations; and\n(b) give incidental or ancillary directions.\n(2) The rights conferred by subsection (1) are in addition to other rights\n(if any) conferred by the security.\n","sortOrder":204},{"sectionNumber":"200","sectionType":"section","heading":"Long-term financial plan","content":"200 Long-term financial plan\n(1) A council must prepare and keep up-to-date a long-term financial\nplan.\n\nLocal Government Act 2019 115\n(2) A long-term financial plan must relate to a period of at least\n4 financial years.\n(3) A long-term financial plan must contain:\n(a) a statement of the major initiatives the council proposes to\nundertake during the period to which the plan relates; and\n(b) the projected statement of income and expenditure for each\nfinancial year of the period to which the plan relates; and\n(c) any other matters prescribed by regulation.\n(4) The council must provide the Agency with a copy of its long-term\nfinancial plan by 30 June in the year preceding the first financial\nyear to which the plan relates.\n","sortOrder":205},{"sectionNumber":"201","sectionType":"section","heading":"Annual budgets","content":"201 Annual budgets\n(1) A council must prepare a budget for each financial year.\n(2) The budget for a particular financial year must:\n(a) outline:\n(i) the council's objectives for the relevant financial year;\nand\n(ii) the measures the council proposes to take, during the\nfinancial year, towards achieving those objectives; and\n(iii) the indicators the council intends to use as a means of\nassessing its efficiency in achieving its objectives; and\n(b) contain the projected statement of income and expenditure for\nthe financial year, differentiating between operating and\ncapital expenditure; and\n(c) list the council's fees for services and the estimates of\nrevenue from each of those fees; and\n(d) state the amount to be allocated to the development and\nmaintenance of infrastructure for the financial year; and\n(e) state the amount the council proposes to raise by way of\nrates, and set out the rates structure, for the financial year;\nand\n\nLocal Government Act 2019 116\n(f) include an assessment of the social and economic effects of\nits rating policies; and\n(g) state the allowances for members of the council for the\nfinancial year and the amount budgeted to cover payment of\nthose allowances; and\n(h) separately provide for a budget for each local authority\nestablished by the council (if any); and\n(ha) include any other information required by any guidelines that\nthe Minister may make or as prescribed by regulation; and\n(i) be in a form required by any guidelines that the Minister may\nmake or as prescribed by regulation.\n","sortOrder":206},{"sectionNumber":"202","sectionType":"section","heading":"Budget not to be for deficit","content":"202 Budget not to be for deficit\nA council must not budget for a deficit except in accordance with\nthe regulations.\n","sortOrder":207},{"sectionNumber":"203","sectionType":"section","heading":"Adoption of budget or amended budget","content":"203 Adoption of budget or amended budget\n(1) A council must adopt its budget for a particular financial year on or\nbefore 30 June in the previous financial year.\n(2) Subject to subsection (3), a council may, after adopting its budget\nfor a particular financial year, adopt an amended budget.\n(3) An amended budget must not have the effect of:\n(a) increasing the amount of an allowance for the financial year\nfor the members of the council; or\n(b) changing the amount of an allowance for the financial year for\nmembers of a local authority established by the council except\nin accordance with any guidelines made by the Minister.\n(4) As soon as practicable after adopting its budget or an amended\nbudget for a particular financial year a council must:\n(a) publish the budget or amended budget as adopted on the\ncouncil's website; and\n(b) notify the Agency in writing of the adoption of the budget or\namended budget.\n\nLocal Government Act 2019 117\n(5) If an amended budget is published on the council's website, the\nbudget as previously adopted must remain published on the\ncouncil's website clearly indicating that the budget has been\nsuperseded by an amended budget.\n(6) The council's budget and any amended budget forms part of the\ncouncil's municipal, regional or shire plan.\n","sortOrder":208},{"sectionNumber":"204","sectionType":"section","heading":"Allocation of money not in budget","content":"204 Allocation of money not in budget\n(1) A council must not allocate money unless provision for the\nallocation is made in the budget for the relevant financial year.\n(2) However, a council may allocate money that is not provided for in\nthe budget if the allocation is:\n(a) authorised by resolution of the council; or\n(b) either:\n(i) within the terms of a grant accepted by council; or\n(ii) covered by revenue that compensates the expenditure.\nExample for subsection (2)(b)(ii)\nThe council enters a contract to provide civil works. The council purchases\nequipment and materials to perform the works. The cost of the equipment and\nmaterials is within the amount the council is to be paid under the contract.\n(3) If a council allocates money under subsection (2)(b), any spending\nof the allocation that will have a material effect on the council's\nbudget must be reported to the next ordinary meeting of the council.\n(4) An allocation of money under subsection (2) must be included in\nany subsequent amended budget for the council.\nmaterial has the same meaning as in Accounting Standard\nAASB 1031 of the Australian Accounting Standards.\n","sortOrder":209},{"sectionNumber":"205","sectionType":"section","heading":"Accounting records","content":"205 Accounting records\n(1) A council must keep accounting records that give a true and fair\nview of:\n(a) the council's revenue and expenditure; and\n\nLocal Government Act 2019 118\n(b) the council's assets and liabilities.\n(2) The records must be kept in accordance with the requirements\nprescribed by regulation.\n","sortOrder":210},{"sectionNumber":"206","sectionType":"section","heading":"Availability of records for inspection","content":"206 Availability of records for inspection\n(1) The accounting records must be available for inspection at any\nreasonable time by:\n(a) the council's auditor; or\n(b) an inspector.\n(2) Subject to the council's privacy policy, the accounting records must\nalso be available for inspection at any reasonable time by a\nmember of the council.\n(3) A council must, by resolution, adopt a privacy policy protecting\nmembers and staff of the council from undue intrusion into their\nprivate affairs.\n(4) A local government subsidiary must adopt a privacy policy\nprotecting the local government subsidiary's staff from undue\nintrusion into their private affairs.\nThe privacy policy might limit the inspection of payroll records by members of a\n(5) The local government subsidiary adopts the policy:\n(a) for a local government subsidiary with one constituent\ncouncil – by resolution of the council; or\n(b) for a local government subsidiary with more than one\nconstituent council – by resolution of the local government\n","sortOrder":211},{"sectionNumber":"207","sectionType":"section","heading":"Annual financial statement","content":"207 Annual financial statement\n(1) A council must prepare a financial statement for each financial year.\n(2) The annual financial statement must conform with:\n(a) the Australian Accounting Standards; and\n(b) any other requirements prescribed by regulation; and\n\nLocal Government Act 2019 119\n(c) any guidelines that the Minister may make.\n","sortOrder":212},{"sectionNumber":"208","sectionType":"section","heading":"Reference of annual financial statement for audit","content":"208 Reference of annual financial statement for audit\nThe annual financial statement must be prepared, and referred to\nthe council's auditor for audit:\n(a) as soon as reasonably practicable after the end of the relevant\nfinancial year; and\n(b) in any event – in time to ensure that the audited statement is\navailable no later than 15 November in the calendar year in\nwhich the financial year ends.\n","sortOrder":213},{"sectionNumber":"209","sectionType":"section","heading":"Auditor","content":"209 Auditor\n(1) A council must, by resolution, appoint an auditor.\n(2) The auditor must be:\n(a) the Auditor-General; or\n(b) a registered company auditor or an authorised audit company;\nor\n(c) a firm whose members include a registered company auditor.\n(3) A person is not eligible to be the auditor if the person:\n(a) is a member or a candidate for election as a member of the\ncouncil; or\n(b) holds any other office or position with the council.\n(4) The council must, in the auditor's appointment:\n(a) fix the term of appointment, which must be between 2 and\n5 years; and\n(b) fix the basis of the auditor's remuneration.\n(5) The office of auditor becomes vacant if:\n(a) the auditor dies; or\n(b) the auditor resigns by written notice to the CEO; or\n\nLocal Government Act 2019 120\n(c) the auditor becomes a candidate for election as a member of\nthe council or accepts some other remunerated office or\nposition with the council; or\n(d) the auditor's term of office comes to an end and the auditor is\nnot reappointed; or\n(e) the auditor is removed from office by the council with the\nMinister's consent.\nauthorised audit company, see section 9 of the Corporations\nAct 2001.\n","sortOrder":214},{"sectionNumber":"210","sectionType":"section","heading":"Appointment by the Minister","content":"210 Appointment by the Minister\n(1) If a council fails to appoint an auditor, the Minister may make an\nappointment on behalf of the council.\n(2) An auditor appointed under subsection (1) is to be paid fees fixed\nby the Minister.\n","sortOrder":215},{"sectionNumber":"211","sectionType":"section","heading":"Annual audit","content":"211 Annual audit\n(1) The auditor must, as soon as practicable after the council's annual\nfinancial statement is referred to the auditor for audit:\n(a) audit the statement; and\n(b) report to the council on the results of the audit and, in\nparticular, on any material irregularity in the council's\naccounting practices or the management of the council's\nfinancial affairs identified in the course of the audit; and\n(c) report to the Minister and the ICAC on any evidence found in\nthe course of the audit of a contravention of the law or serious\nfinancial irregularity; and\n(d) if the results of the audit provide for a disclaimer of opinion –\nprovide a copy of the report of the results of the audit to the\nMinister.\n(2) The audit is to be carried out in accordance with the Australian\nauditing standards and requirements prescribed by regulation.\n(3) The auditor's report mentioned in subsection (1)(b) must be tabled\nat the next meeting of the council.\n\nLocal Government Act 2019 121\n(4) The CEO must prepare a report on any action to be taken to\nimplement any of the auditor's recommendations as a result of the\naudit and table the report at the next meeting of the council.\nAustralian auditing standards means the auditing standards in\nforce under section 336 of the Corporations Act 2001.\n","sortOrder":216},{"sectionNumber":"212","sectionType":"section","heading":"Other audits","content":"212 Other audits\nThe auditor must carry out any other audits of the council's financial\naffairs that may be required by regulation.\n","sortOrder":217},{"sectionNumber":"213","sectionType":"section","heading":"Assistance to be provided to auditor","content":"213 Assistance to be provided to auditor\n(1) The auditor may ask the CEO or another member of the council's\nstaff:\n(a) to produce financial records; or\n(b) to answer questions relevant to the council's financial affairs.\n(b) the person fails to comply with the requirement.\n(3) An offence against subsection (2) is an offence of strict liability.\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":218},{"sectionNumber":"214","sectionType":"section","heading":"Power of Minister to make rectification order","content":"214 Power of Minister to make rectification order\n(1) If the Minister is of the opinion that an irregularity has occurred, or\nis occurring, in the administration of a council's financial affairs, the\nMinister may, by order (a rectification order) given in writing to the\ncouncil, require the council to take specified action to correct the\nirregularity or to guard against the recurrence of irregularities (or\nboth).\n(2) A rectification order must fix a date for compliance (the compliance\ndate).\n\nLocal Government Act 2019 122\n(3) On application by the council, the Minister may postpone the\ncompliance date.\n","sortOrder":219},{"sectionNumber":"215","sectionType":"section","heading":"Non-compliance with rectification order","content":"215 Non-compliance with rectification order\n(a) the person is a member of a council; and\n(b) the council fails to comply with a rectification order by the\ncompliance date.\nsubsection (1) if the defendant acted with reasonable diligence to\nsecure compliance by the council.\nPart 10.10 Shared services\n","sortOrder":220},{"sectionNumber":"216","sectionType":"section","heading":"Shared services policy","content":"216 Shared services policy\n(1) A council must, by resolution, adopt a policy for shared services.\n(2) A policy for shared services may deal with the following matters:\n(a) sharing the delivery of a council service with another council;\n(b) the council jointly procuring from a third party the delivery of a\nservice with another council.\n","sortOrder":221},{"sectionNumber":"217","sectionType":"section","heading":"Categorisation of land","content":"217 Categorisation of land\nThe land in a local government area is divided into 3 basic\ncategories:\n(a) rateable land under section 218; and\n(b) conditionally rateable land under section 219; and\n(c) land that is exempt from rates under section 222.\n\nLocal Government Act 2019 123\n","sortOrder":222},{"sectionNumber":"218","sectionType":"section","heading":"Rateable land","content":"218 Rateable land\nAll land within a local government area is rateable unless it is:\n(a) conditionally rateable land that is not within the ambit of a\nnotice published under section 219 that is in force; or\n(b) exempt land.\n","sortOrder":223},{"sectionNumber":"219","sectionType":"section","heading":"Conditionally rateable land","content":"219 Conditionally rateable land\n(1) The following land is conditionally rateable:\n(a) land held under a pastoral lease;\n(b) land occupied under a mining tenement;\n(c) other land that is prescribed by regulation as conditionally\nrateable.\n(2) Conditionally rateable land is only rateable in accordance with a\nGazette notice made by the Minister at least 2 months before the\ncommencement of the financial year for which the rates are\n(3) The council for the area may make submissions to the Minister in\nrelation to conditionally rateable land.\n(4) Before publishing the notice, the Minister must:\n(a) if the submission is received by the Minister by 31 December\nin the year before the beginning of the relevant financial year –\nconsider a submission made under subsection (3); and\n(b) consult with the Minister responsible for the administration of\npastoral matters and the Minister responsible for the\nadministration of mining matters.\n(5) As soon as practicable after the Gazette notice is published:\n(a) the council must publish the notice on its website; and\n(b) the Agency must publish the notice on the Agency's website.\npastoral lease means a pastoral lease granted under the Pastoral\nLand Act 1992.\n\nLocal Government Act 2019 124\n","sortOrder":224},{"sectionNumber":"220","sectionType":"section","heading":"Council to rate all rateable land","content":"220 Council to rate all rateable land\nA council must rate all rateable and conditionally rateable land in\nthe council area.\n","sortOrder":225},{"sectionNumber":"221","sectionType":"section","heading":"Urban farm land","content":"221 Urban farm land\n(1) The owner or occupier of land within a council area may apply to\nthe council for classification of the land as urban farm land.\n(2) Land is not eligible for classification as urban farm land unless:\n(a) its area is more than 0.8 of a hectare; and\n(b) it is used by the occupier for carrying on a prescribed business\nor industry; and\n(c) the occupier derives a substantial part of the occupier's\nlivelihood from carrying on that business or industry.\n","sortOrder":226},{"sectionNumber":"222","sectionType":"section","heading":"Exempt land","content":"222 Exempt land\n(1) The following land (exempt land) is exempt from rates:\n(a) Crown land that is:\n(i) vacant and not the subject of a lease; or\n(ii) occupied by the Territory for a public purpose (other than\nthe provision of public housing);\n(b) land of the council, other than such land leased for a purpose\nthat does not give rise to an exemption under some other\nprovision of this section;\n(c) a public place consisting of:\n(i) a park, garden or reserve; or\n(ii) a playground or sports ground; or\n(iii) a cemetery; or\n(iv) a road;\n(d) land belonging to a religious body consisting of:\n(i) a church or other place of public worship; or\n(ii) a place of residence for a minister of religion associated\nwith a church or other place of public worship; or\n\nLocal Government Act 2019 125\n(iii) a place of residence for the official head in the Territory\nof the religious body; or\n(iv) an institution for religious teaching or training;\n(e) a hospital conducted by the Territory;\n(f) a medical clinic or health centre conducted by the Territory;\n(g) subject to subsections (3) and (4), land used for a\nnon-commercial purpose by a public benevolent institution or\na public charity that is registered with the Australian Charities\nand Not-for-profits Commission established under the\nAustralian Charities and Not-for-profits Commission\nAct 2012 (Cth);\n(h) a kindergarten, a Government school, a non-Government\nschool, a university or other tertiary educational institution or\nan early childhood service owned or operated by the Territory\nor owned or operated by a non-Government school;\n(i) land recognised by the council as a youth centre;\n(j) a public library or public museum;\n(k) the common property:\n(i) in a units plan or building development plan registered\nunder the Real Property (Unit Titles) Act 1975; or\n(ii) of a scheme formed under the Unit Title Schemes\nAct 2009;\n(l) land owned by a Land Trust or an Aboriginal community living\narea association except:\n(i) land subject to a lease or a licence conferring a right of\noccupancy; or\n(ii) land used for a commercial purpose;\n(m) land exempted from rates by another Act.\n\nLocal Government Act 2019 126\n(2) If land is used for 2 or more different purposes, and one or more but\nnot all the purposes are exempt, the land is not exempt from rates\nunless the non-exempt purpose is merely incidental to the exempt\npurpose.\nExample for subsection (2)\nAn allotment consists of a public museum containing a cafeteria. The allotment is\nexempt from rates despite the existence of the cafeteria. However, if the\nallotment were a restaurant attracting customers in its own right, the allotment\nwould not be exempt from rates.\n(3) Subject to subsection (4), in deciding whether land is used for a\ncommercial or non-commercial purpose, the fact that the user is a\npublic benevolent institution or a public charity is irrelevant and the\nquestion is to be decided according to the nature of the use and not\nthe nature of the user.\n(4) However, a non-commercial purpose does not include the land\nbeing used for a residential purpose for employees or contractors of\nthe institution or charity.\nGovernment school, see section 5 of the Education Act 2015.\nnon-Government school means a non-Government school\nregistered under the Education Act 2015.\n","sortOrder":227},{"sectionNumber":"223","sectionType":"section","heading":"Special cases","content":"223 Special cases\n(1) Land of the Commonwealth is only rateable if the Commonwealth\nagrees and, in that event, it is rateable on conditions agreed by the\nCommonwealth.\nExample for subsection (1)\nThe Commonwealth might agree that an occupier of land under a lease from the\nCommonwealth is to be liable for rates.\n(2) A Land Trust is not liable to rates but:\n(a) an occupier of land owned by the Land Trust (other than the\nTrust itself) is liable to rates; and\n(b) if land owned by the Trust is held under a lease from the\nTrust – the leasehold estate constitutes the rateable land for\nthe purposes of this Act.\nThis subsection applies to land of a Land Trust that is not fully exempt from rates\nunder section 222(1)(l).\n\nLocal Government Act 2019 127\n(3) An Aboriginal community living area association is not liable to\nrates but:\n(a) an occupier of land owned by the association (other than the\nassociation itself) is liable to rates; and\n(b) if land owned by the association is held under a lease from the\nassociation – the leasehold estate constitutes the rateable\nland for the purposes of this Act.\nThis subsection applies to land of an Aboriginal community living area that is not\nfully exempt from rates under section 222(1)(l).\n(4) Land owned by a Land Trust or an Aboriginal community living area\nassociation:\n(a) is not subject to the provisions of this Chapter under which\noverdue rates become a charge on the land to which the rates\nrelate; and\n(b) is not liable to be sold for non-payment of rates.\nNote for subsection (4)\nHowever, this subsection does not protect a leasehold estate from such a charge\nor from being sold for non-payment of rates.\n","sortOrder":228},{"sectionNumber":"224","sectionType":"section","heading":"Apportionment if land rateable for part only of financial year","content":"224 Apportionment if land rateable for part only of financial year\n(1) If land becomes rateable during the course of a financial year, or\nceases to be rateable during the course of a financial year:\n(a) the land is liable to rates for the financial year; but\n(b) the amount of the liability is reduced to a proportion of the\nrates that would have been payable if the land had been\nrateable for the whole of the financial year.\n(2) The proportion is the proportion between the period for which the\nland is rateable (expressed in days) and the number of days in the\n(3) A council must make any refund or remission of rates necessary to\ngive effect to this section.\n\nLocal Government Act 2019 128\n","sortOrder":229},{"sectionNumber":"225","sectionType":"section","heading":"Allotments","content":"225 Allotments\n(1) An allotment is a parcel of land or part of a parcel of land for which\na council proposes to make a separate assessment of rates.\n(2) A parcel of land includes the following:\n(a) a unit or lot created by registration of a plan under the Real\nProperty (Unit Titles) Act 1975 or the Unit Titles Act 1975;\n(b) a unit created by the registration of a unit title scheme under\nthe Unit Title Schemes Act 2009.\n(3) A council may only divide a parcel of land that is subject to the\nsame ownership into separate allotments if:\n(a) the allotments are subject to separate occupation; or\n(b) the allotments fall within different zones; or\n(c) there is some other good reason for disaggregating the parcel\ninto separate allotments.\nExample for subsection (3)\nIf land consists of a block of flats in the same ownership but separately occupied,\nthe council could either treat the block of flats as a single allotment and\ndetermine rates for the whole, or disaggregate it into the separate flats and\ndetermine rates for each flat.\nparcel of land, see section 4 of the Valuation of Land Act 1963.\n","sortOrder":230},{"sectionNumber":"226","sectionType":"section","heading":"Basis of rates","content":"226 Basis of rates\n(1) Rates may be set as:\n(a) a fixed amount (a fixed amount) for each allotment; or\n(b) an amount (a valuation-based amount) calculated as a\nproportion of the assessed value of each allotment; or\n(c) a combination of a fixed amount and a valuation-based\namount.\n\nLocal Government Act 2019 129\n(2) If rates consist of, or include, a valuation-based amount, the\namount may be subject to a specified minimum (a minimum\namount).\nExample for subsection (2)\nA valuation-based amount might be expressed as a specified proportion of\nassessed value or $100 (whichever is the greater amount).\n(3) Different fixed amounts, different valuation-based amounts, and\ndifferent minimum amounts may be set for:\n(a) allotments within different parts of the local government\narea; or\n(b) different classes of allotments; or\n(c) a combination of both paragraphs (a) and (b).\nExample for subsection (3)(a)\nThe rates for land within different planning zones might be based on different\ncomponents.\nExample for subsection (3)(b)\nIf land is divided into small allotments (such as self-storage units or marina\nberths) because of a subdivision for the purposes of the Unit Titles Act 1975 or\nUnit Title Schemes Act 2009, and the council considers it inequitable to apply the\nminimum amount otherwise applicable to land within the area to the small\nallotments, the council could set a different and lesser minimum for the small\nallotments.\n(4) However, different amounts must not be set on the basis of who the\nowner or occupier of the allotment is.\n(5) If an allotment is divided into separate parts or units that are\nadapted for separate occupation or use, a minimum amount may\nconsist of a set amount to be multiplied by the number of separate\nparts or units.\nExample for subsection (5)\nIf an allotment consists of a block of flats in separate occupation, the minimum\namount could consist of a set amount to be multiplied by the number of flats\ncomprised in the complex.\n","sortOrder":231},{"sectionNumber":"227","sectionType":"section","heading":"Basis of assessed value","content":"227 Basis of assessed value\n(1) A council may adopt unimproved capital value, improved capital\nvalue, or annual value as the basis of the assessed value of\nallotments within its area or part of its area.\n\nLocal Government Act 2019 130\n(2) The assessed value of land is the unimproved capital value, the\nimproved capital value or the annual value of the land (according to\nwhichever basis of valuation has been adopted by the council for\nthe land) as it appears from the valuation roll.\n(3) However:\n(a) the unimproved value of a mining tenement is its assessed\nvalue; and\n(b) the unimproved value is taken to be 20 times the annual rental\npayable under the tenement.\nannual value, of land, see section 8A of the Valuation of Land\nAct 1963.\nimproved capital value, of land, see section 8 of the Valuation of\nLand Act 1963.\nunimproved capital value, of land, see section 9 of the Valuation\nof Land Act 1963.\n","sortOrder":232},{"sectionNumber":"228","sectionType":"section","heading":"Joint and several liability","content":"228 Joint and several liability\n(1) The owner and the occupier (if not the owner) of an allotment are\njointly and severally liable for rates payable in respect of an\nallotment.\n(2) However, an occupier of an allotment (if not an owner) does not\nbecome liable for rates in respect of the allotment unless:\n(a) the occupier's name is entered in the assessment record, on\nthe occupier's own application, as the principal ratepayer for\nthe allotment; or\n(b) the council gives the occupier written notice that it proposes to\nseek recovery of rates from the occupier.\n(3) If notice is given under subsection (2)(b) in the course of a financial\nyear, the occupier is only liable for a proportionate part of the rates\nfor that financial year.\n\nLocal Government Act 2019 131\n","sortOrder":233},{"sectionNumber":"229","sectionType":"section","heading":"Principal ratepayer for an allotment","content":"229 Principal ratepayer for an allotment\n(1) The owner of an allotment is the principal ratepayer for the\nallotment.\n(2) However, the occupier of the allotment is the principal ratepayer if\nthe owner is not liable to rates for any reason.\nIn the case of an allotment owned by a Land Trust, the Trust itself is not liable to\nrates so the lessee (if there is a lessee) is treated under this Act as the owner\nand hence the principal ratepayer for the allotment. If there is no lessee, the\noccupier may be liable for rates (see section 228(2)) and, if so, would be the\nprincipal ratepayer for the allotment.\n(3) Subsections (1) and (2) are subject to the following qualifications:\n(a) the CEO may, on the application of an occupier who would not\nbe the principal ratepayer in accordance with subsection (2),\ndesignate the ratepayer in the assessment record as the\nprincipal ratepayer for an allotment;\n(b) if 2 or more ratepayers would, in accordance with\nsubsection (1) or (2), be the principal ratepayer for an\nallotment, the CEO may designate one or more of the\nratepayers in the assessment record as the principal ratepayer\nfor the allotment.\n(4) A ratepayer designated under subsection (1) or (2) as the principal\nratepayer for an allotment is the principal ratepayer to the exclusion\nof others.\n(5) If rates are paid by, or recovered from, a ratepayer who is not the\nprincipal ratepayer for an allotment, the ratepayer may, subject to\nany relevant agreement, recover the amount from the principal\nratepayer or set the amount off against any liability owed to the\nprincipal ratepayer.\n","sortOrder":234},{"sectionNumber":"230","sectionType":"section","heading":"Assessment record","content":"230 Assessment record\n(1) The council must maintain an assessment record.\n(2) The assessment record must contain:\n(a) a brief description of each allotment within the area and a\nstatement of its assessed value; and\n\nLocal Government Act 2019 132\n(b) if a charge is imposed on non-rateable land in the area – a\nbrief description of the land; and\n(c) the name and address of the owner of the land; and\n(d) if the owner is not the principal ratepayer for the land – the\nname and address of the principal ratepayer; and\n(e) if the land is subject to a different rate on the basis of its use –\nthe land use; and\n(f) other information the council directs to be included in the\nrecord.\n(3) The assessment record must be kept in an electronic form.\n(4) A person with sufficient interest in the assessment record may\ninspect or copy the assessment record, at a fee fixed by the\ncouncil, at the council's public office.\n(5) A council may, by resolution, adopt a policy to provide for what\nconstitutes a sufficient interest in the assessment record.\n(6) However, the following may inspect or copy the assessment record\nfree of charge:\n(a) in relation to the part of the record for particular land – an\nowner, occupier or lessee of the land or the adjoining land or\nan agent of the owner, occupier or lessee of the land or the\nadjoining land;\n(b) the CEO of an Agency.\n(7) The CEO must, at the request of a person to whom an entry in the\nassessment record relates, suppress the person's contact details\nfrom the publicly accessible copy of the record.\n","sortOrder":235},{"sectionNumber":"231","sectionType":"section","heading":"Notifications to be given by ratepayers","content":"231 Notifications to be given by ratepayers\n(a) the person becomes the principal ratepayer for a particular\nallotment within a council area; and\n(b) the person does not, within 28 days of doing so, give the CEO\nwritten notice of that fact and of the person's postal address.\n\nLocal Government Act 2019 133\n(a) the person is the principal ratepayer for a particular allotment\nwithin a council area; and\n(b) the person's postal address changes; and\n(c) the person does not, within 28 days of the change, give the\nCEO written notice of the new address.\n(a) the person ceases to be the principal ratepayer for a particular\nallotment within a council area; and\n(b) the person does not, within 28 days of doing so, give the CEO\nwritten notice of that fact.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\n","sortOrder":236},{"sectionNumber":"232","sectionType":"section","heading":"Correction of record by council","content":"232 Correction of record by council\n(1) The council may, on its own initiative, change an entry in the\nassessment record.\n(2) If the council changes an entry under subsection (1), the council\nmust give a decision notice to the person to whom the entry relates\nwithin 14 days of changing the entry.\n(3) Subsection (2) does not apply if the council changes the entry to\ncorrect a typographical error.\n(4) A decision under subsection (1) is reviewable.\n","sortOrder":237},{"sectionNumber":"233","sectionType":"section","heading":"Correction of record by application","content":"233 Correction of record by application\n(1) A person may apply to the council, free of charge, for the correction\nof an entry in the assessment record.\n(2) The application may be made on any one or more of the following\ngrounds:\n(a) the entry wrongly classifies an allotment that is not rateable as\nrateable land;\n\nLocal Government Act 2019 134\n(b) the entry should, but does not, classify an allotment as urban\nfarm land;\n(c) the entry wrongly records the use of an allotment;\n(d) the entry contains some other relevant misclassification or\nmisdescription of an allotment;\n(e) the entry wrongly records ownership or occupation of an\nallotment;\n(f) the entry wrongly designates the applicant as principal\nratepayer for an allotment;\n(g) the entry takes effect from the wrong date;\n(h) the entry contains some other relevant error.\n(3) The application:\n(b) must state the applicant's interest in the allotment to which the\napplication relates; and\n(c) must state the nature of the amendment that should, in the\napplicant's opinion, be made, including when the effect of the\namendment should take place.\n(4) If the application is uncontroversial, the CEO may decide the\napplication on behalf of the council but, if it raises matters of\npossible controversy, the application is to be decided by the council\nor a council committee.\n(5) The CEO, council or council committee (the decision maker) may,\nin writing, request further information from the applicant in relation\nto the application.\n(6) The request under subsection (5) must be made as soon as\npracticable but no later than 90 days of receiving the application.\n(7) The CEO must give the applicant a decision notice for the\napplication and notify the applicant of the date the decision takes\neffect:\n(a) as soon as practicable but no later than 90 days after\nreceiving the application; or\n\nLocal Government Act 2019 135\n(b) if the decision maker has requested further information under\nsubsection (5) – as soon as practicable but no later than\n90 days after receiving the information or notification that the\napplicant cannot provide the information.\n(8) A decision under subsection (7) is reviewable.\n","sortOrder":238},{"sectionNumber":"234","sectionType":"section","heading":"Liability for rates","content":"234 Liability for rates\nA principal ratepayer for a particular allotment in a council area\ncontinues to be liable for the payment of rates for the allotment\ndespite the lodging of the following:\n(a) an application for a correction of the assessment record under\nsection 233(1);\n(b) an application for review of the decision under section 323;\n(c) an application for review of the decision by NTCAT under\nsection 327;\n(d) any other application for review or appeal available to the\nprincipal ratepayer.\n","sortOrder":239},{"sectionNumber":"235","sectionType":"section","heading":"Correction of record for misclassification","content":"235 Correction of record for misclassification\n(a) a person makes an application to the council for a correction\nto an entry in the assessment record on the grounds that the\nentry contains a misclassification of an allotment; and\n(b) the decision maker or NTCAT decides to correct the record.\n(2) The correction of the record must not take effect from a\nretrospective date if the correction results in the ratepayer for the\nallotment being liable for a higher amount of rates or charges.\n","sortOrder":240},{"sectionNumber":"236","sectionType":"section","heading":"Entitlement to difference in rates","content":"236 Entitlement to difference in rates\n(1) This section applies if an entry on the assessment record is\ncorrected and the correction takes effect from a retrospective date.\n(2) The person to whom the entry relates, as a result of the correction:\n(a) if the difference in rates amounts to an entitlement – is entitled\nto the difference in rates; and\n(b) may be entitled to interest on the difference.\n\nLocal Government Act 2019 136\n(3) The person is entitled to interest on the difference only if the person\ncommenced proceedings to review an original decision of the\ncouncil (whether the review was by the council or by NTCAT) to\nchange an entry in the assessment record and the proceedings\nresulted in the revocation or amendment of the decision of the\n(4) If a person is entitled to interest on the difference, the interest:\n(a) accrues on any overpayments; and\n(b) accrues:\n(i) if the original decision being reviewed was a decision of\nthe council under section 232 – from the date the council\nchanged the entry; or\n(ii) if the original decision being reviewed was a decision of\nthe council under section 233 – from the date the person\nmade the application under section 233; and\n(c) is subject to the relevant interest rate (or rates if the relevant\ninterest rate changes during the period when the interest\naccrues under paragraph (b)).\n(5) A person's entitlement, and any interest on the entitlement, is\nimmediately payable on the date the entry in the assessment record\nis corrected.\nreview includes the making of a decision by NTCAT because\nsection 326 applies.\n","sortOrder":241},{"sectionNumber":"237","sectionType":"section","heading":"General rates","content":"237 General rates\n(1) On or before 30 June in the financial year preceding a financial year\nfor which rates are imposed, a council must, by resolution, declare\nrates (general rates) on allotments throughout the area to raise the\namount the council intends to raise for general purposes for the\n(2) The council may, at the same time, raise an amount towards a\nspecial purpose.\n\nLocal Government Act 2019 137\n(3) The declaration must state:\n(a) the amount:\n(i) to be raised for general purposes; and\n(ii) if an amount is to be raised for a special purpose – to be\nraised for the special purpose; and\n(b) the basis or bases of the rates; and\n(c) if the rates are to be payable in instalments – the number of\ninstalments and when the instalments are payable; and\n(d) the relevant interest rate that accrues on any unpaid rates for\nthe financial year.\n","sortOrder":242},{"sectionNumber":"238","sectionType":"section","heading":"Special rates","content":"238 Special rates\n(1) Subject to this section, a council may, on or before 30 June in the\nfinancial year preceding the financial year for which the rates are\nimposed, declare rates for a particular purpose (special rates).\n(2) Before declaring special rates under this section, the council must:\n(a) publish a notice on its website inviting written submissions on\nthe proposed special rates within a period (at least 21 days)\nfrom the date of the notice; and\n(b) give the principal ratepayer for each allotment to which the\nspecial rates are proposed to be imposed a notice of intention\nto declare special rates; and\n(c) consider the submissions made in response to the invitation\nand make any revisions to the rates the council considers\nappropriate in the light of the submissions.\n(3) The notice under subsection (2)(a) must contain the following\nparticulars:\n(a) the purpose for which the council proposes to impose the\nspecial rates;\n(b) the total amount that is proposed to be raised by the special\nrates;\n(c) the basis of the proposed special rates;\n\nLocal Government Act 2019 138\n(d) whether the proposed special rates would be imposed on\nrateable property generally or on rateable property in a\nparticular part of the council area and an identification of the\nparticular part;\n(e) that a person may make submissions to the council about the\nproposed special rates before the date of the meeting in\nrelation to the special rates specified in the notice;\n(f) how a person can obtain further information about the\nproposed special rates from the council.\n(4) After considering any submissions made, the council may:\n(a) by special resolution, declare special rates that are:\n(i) consistent with the proposed special rates specified in\nthe notices under subsection (2); or\n(ii) reduced for one or more of the allotments for which the\nspecial rates were proposed; or\n(iii) reduced for all of the allotments for which the special\nrates were proposed; or\n(b) not declare special rates.\n(5) If special rates are imposed for the benefit of a particular part of the\narea, the special rates may be limited to allotments within the\nrelevant part of the area.\n(6) A declaration under this section must:\n(a) state the purpose for which the special rates are imposed; and\n(b) state the amount to be raised; and\n(c) state the basis of the special rates; and\n(d) state:\n(i) whether the special rates are imposed on rateable\nproperty generally or on rateable property within a\nparticular part of the area; and\n(ii) if the special rates are limited to a particular part of the\narea – identify the relevant part.\n\nLocal Government Act 2019 139\n","sortOrder":243},{"sectionNumber":"239","sectionType":"section","heading":"Imposition of charges","content":"239 Imposition of charges\n(1) A council may, by resolution, declare a charge on land within its\narea if the council carries out work or provides services for the\nbenefit of the land or the occupiers of the land.\n(2) The declaration of the charge does not cease to have effect only\nbecause the occupier of the land does not accept the work or\nservices.\n(3) A declaration of a charge must:\n(a) state the amount or basis of the charge; and\n(b) identify the land to which the charge applies; and\n(c) state the purpose of the charge.\n(4) The amount of a charge need not be limited to the cost of providing\nthe service, however the amount of the charge must not exceed a\nreasonable expectation of the cost of service.\n(5) Subject to subsections (6) and (7), the provisions of this Chapter\napplicable to rates apply with necessary adaptations and\nmodifications to charges imposed under this section.\n(6) A charge:\n(a) may be imposed on land that is not liable to rates, including\nland that is exempt from rates; and\n(b) may have a reasonable basis that differs from rates; and\n(c) may only consist of payments that are compulsory in respect\nof an allotment and its improvements; and\n(d) must not consist of any payments for an optional service.\nExample for subsection (6)(b)\nA charge to recover the cost of kerbing might consist of an amount per metre of\nthe frontage of an allotment.\nExamples for subsection (6)(c) and (d)\n1 A council that provides sewerage services to an allotment may impose a\ncharge for this service, and may impose different charges with reference to\nthe number of toilets installed at the allotment. However, if the council\nprovided the service of connecting a toilet to a sewerage network, it could\nimpose a fee for service but not a charge for the work.\n\nLocal Government Act 2019 140\n2 A council may impose a charge for rubbish bin collection that provides for an\nallotment to receive a specified number of rubbish bin collections. However,\nif the council provided the service of additional rubbish bin collections, it\ncould impose a fee for service but not a charge for the work.\n(7) The provisions for rate concessions do not apply to charges.\n","sortOrder":244},{"sectionNumber":"Div 3","sectionType":"division","heading":"Parking rate for council for municipality","content":"Division 3 Parking rate for council for municipality\n","sortOrder":245},{"sectionNumber":"240","sectionType":"section","heading":"Imposition of parking rate","content":"240 Imposition of parking rate\n(1) Subject to subsection (3), a council for a municipality may, by\nresolution, impose a parking rate for the municipality (a municipal\nparking rate) in accordance with any requirements prescribed by\nregulation.\n(2) A municipal parking rate imposed is notified in a rates declaration\non or before 30 June and applies for the next financial year.\n(3) The regulations may prescribe the municipalities for which a\nmunicipal parking rate may be imposed.\n","sortOrder":246},{"sectionNumber":"241","sectionType":"section","heading":"Public notice","content":"241 Public notice\n(1) Within 21 days after declaring rates, the council must publish notice\nof the rates on its website.\n(2) The notice must:\n(a) give details of the rates, including the relevant interest rate\nthat accrues on any unpaid rates for the financial year; and\n(b) state the date on which payment of the rates fall due; and\n(c) if the council has resolved to allow payment by instalment –\nstate the date on which each instalment falls due for payment;\nand\n(d) give details of any discount or other concession or benefit the\ncouncil has resolved to allow for prompt payment of the rates\nin full.\n(3) Failure to publish the notice within the time limit fixed by\nsubsection (1) does not invalidate the declaration.\n\nLocal Government Act 2019 141\n","sortOrder":247},{"sectionNumber":"242","sectionType":"section","heading":"Rates notice","content":"242 Rates notice\n(1) At least 28 days before the payment of the rates (or the first\ninstalment of the rates) falls due, the council must issue an account\nfor the payment of rates (a rates notice) for each allotment.\n(2) The rates notice must be given if practicable to the principal\nratepayer for an allotment or, if it is not practicable to do so, to any\nother ratepayer for the allotment.\n(3) The rates notice must:\n(a) state the due date for payment of the rates and;\n(b) if payment by instalment is allowed – state the due date for\npayment of each instalment; and\n(c) must be given at least 28 days before the due date for\npayment of the rates or the first instalment of the rates.\n(4) Non-compliance with subsection (3)(c) does not invalidate the rates\nnotice.\n","sortOrder":248},{"sectionNumber":"243","sectionType":"section","heading":"Discount for prompt payment","content":"243 Discount for prompt payment\n(1) A council may, by resolution, allow a discount, or some other form\nof concession or benefit, for prompt payment of rates in full.\n(2) If the council resolves to allow a discount, or some other\nconcession or benefit, for prompt payment of rates in full, the rates\nnotice must:\n(a) state the amount of the discount, concession or benefit; and\n(b) the conditions on which the discount, concession or benefit is\nto be allowed, and\n(c) both the discounted and the undiscounted amount\npayable; and\n(d) the date for which payment of the rates in full must be made in\norder to be entitled to the discount, concession or benefit.\n","sortOrder":249},{"sectionNumber":"244","sectionType":"section","heading":"Payment by instalment","content":"244 Payment by instalment\n(1) If a council allows payment of rates by instalment, it does so on\ncondition that each instalment is paid by the due date.\n(2) If a ratepayer defaults in payment of an instalment by the due date,\nall remaining instalments become immediately due and payable.\n\nLocal Government Act 2019 142\n(3) However, a council may relieve a ratepayer, or ratepayers\ngenerally, from the consequences of default to an extent decided by\n(4) At least 28 days before the payment of the second and subsequent\ninstalments falls due, the council must issue a notice for the\npayment of the instalment (a reminder notice), if practicable, to the\nprincipal ratepayer or, if it is not practicable to do so, to any other\nratepayer for the allotment.\n(5) The reminder notice must:\n(a) state the due date for payment of the instalment; and\n(b) be given at least 28 days before the due date for payment of\nthe instalment.\n","sortOrder":250},{"sectionNumber":"Part 11","sectionType":"part","heading":"7 Interest on unpaid rates","content":"Part 11.7 Interest on unpaid rates\n","sortOrder":251},{"sectionNumber":"245","sectionType":"section","heading":"Accrual of interest on overdue rates","content":"245 Accrual of interest on overdue rates\n(1) If rates are not paid by the due date, interest accrues on the\namount of the unpaid rates at the relevant interest rate.\nIf the ratepayer defaults in payment, all remaining instalments become due and\npayable. Interest therefore accrues on the total amount of the unpaid rates and\nnot merely the amount of the instalment (see section 244(2)).\n(2) Interest is calculated on a daily basis on the amount in default\n(exclusive of interest) from the due date until the date of payment.\n(3) A council may fix a rate of interest as the relevant interest rate for a\n(4) However, a council must not vary a rate of interest previously fixed\nas the relevant interest rate.\n","sortOrder":252},{"sectionNumber":"246","sectionType":"section","heading":"Remission of interest","content":"246 Remission of interest\nA council may remit interest wholly or in part.\n","sortOrder":253},{"sectionNumber":"247","sectionType":"section","heading":"Rate concessions","content":"247 Rate concessions\n(1) A rate concession is one or more of the following:\n(a) a waiver in whole or part of rates or a component of rates;\n\nLocal Government Act 2019 143\n(b) a deferment in whole or part of an obligation to pay rates or a\ncomponent of rates.\n(2) A council must, by resolution, adopt a policy for rate concessions\nand publish the policy on its website.\n(3) A council may grant a rate concession under section 248, 249 or\n250:\n(a) in accordance with this Part and the council's policy for rate\nconcessions; and\n(b) on any conditions the council considers appropriate.\n(4) If a council grants a rate concession under section 248, 249 or 250\non any conditions the council considers appropriate and the\nratepayer fails to comply with a condition, the council may by notice\nto the ratepayer:\n(a) withdraw the concession; and\n(b) require the ratepayer to pay an amount, on or before a date\nspecified in the notice, to neutralise any benefit to the\nratepayer of the rate concession.\n","sortOrder":254},{"sectionNumber":"248","sectionType":"section","heading":"Rate concession to alleviate financial hardship","content":"248 Rate concession to alleviate financial hardship\n(1) A council may grant a rate concession to alleviate financial\nhardship.\n(2) A rate concession may be granted on application by a person who\nestablishes to the council's satisfaction that the person will suffer\nfinancial hardship if the concession is not granted.\n","sortOrder":255},{"sectionNumber":"249","sectionType":"section","heading":"Correction of anomalies in operation of rating system","content":"249 Correction of anomalies in operation of rating system\n(1) A council may grant a rate concession to a particular ratepayer or to\nratepayers of a particular class if satisfied that it is necessary to do\nso in order to correct anomalies in the operation of the rating\nsystem.\n(2) A council may grant a rate concession under this section on:\n(a) the council's own initiative; or\n(b) application by an affected ratepayer.\n\nLocal Government Act 2019 144\n","sortOrder":256},{"sectionNumber":"250","sectionType":"section","heading":"Public benefit concessions","content":"250 Public benefit concessions\n(1) A council may grant a rate concession if satisfied that the\nconcession would advance one or more of the following purposes:\n(a) securing the proper development of its area;\n(b) preserving buildings or places of historical interest;\n(c) protecting the environment;\n(d) encouraging cultural activities;\n(e) promoting community health or welfare;\n(f) encouraging agriculture;\n(g) providing recreation or amusement for the public.\n(2) A council may grant a rate concession under this section on:\n(a) the council's own initiative; or\n(b) application by an affected ratepayer.\n","sortOrder":257},{"sectionNumber":"251","sectionType":"section","heading":"Rate concession not to exceed term of council","content":"251 Rate concession not to exceed term of council\nA council must not agree to grant a rate concession for a financial\nyear that does not fall wholly or partly within the current term of the\n","sortOrder":258},{"sectionNumber":"252","sectionType":"section","heading":"Extended meaning of rates in this Part","content":"252 Extended meaning of rates in this Part\nrates includes:\n(a) a charge; and\n(b) if the rates (or charge) are overdue:\n(i) accrued interest; and\n(ii) costs reasonably incurred by the council in recovering,\nor attempting to recover, the rates (or charge).\n\nLocal Government Act 2019 145\nDivision 2 Application of payments\n","sortOrder":259},{"sectionNumber":"253","sectionType":"section","heading":"Application of payments","content":"253 Application of payments\nAny money paid to a council in respect of rates or charges is,\ndespite a direction by the person paying the money, to be applied\ntowards payment of those rates and charges in the order in which\nthe rates and charges became due.\nDivision 3 Recovery by action\n","sortOrder":260},{"sectionNumber":"254","sectionType":"section","heading":"Recovery by action","content":"254 Recovery by action\n(1) Rates may be recovered as a debt due to the council from the\nprincipal ratepayer or any other ratepayer by action in a court of\ncompetent jurisdiction.\n(2) A proceeding may be commenced at any time within 6 years after\nthe rates are imposed.\n","sortOrder":261},{"sectionNumber":"255","sectionType":"section","heading":"Overdue rates to be charge on land","content":"255 Overdue rates to be charge on land\n(1) Subject to subsection (2), if rates are not paid by the due date, the\nrates become a charge on the land to which the rates relate.\n(2) Rates do not become a charge over land:\n(a) unless the owner of the land is a ratepayer who is liable for the\nrates that are in arrears; or\n(b) within an Aboriginal community living area.\n","sortOrder":262},{"sectionNumber":"256","sectionType":"section","heading":"Registration of charge","content":"256 Registration of charge\n(1) After rates have been in arrears for at least 6 months, the council\nmay apply to the appropriate registration authority for registration of\nthe charge over the land to which the charge relates.\n(2) The registration authority must, on payment of the appropriate fee\nby the council:\n(a) register the charge as an overriding statutory charge; and\n(b) notify all persons with a registered interest in or over the land\nof the registration of the charge.\n(3) Failure to give notice of the registration of the charge under\nsubsection (2)(b) does not invalidate the registration of the charge.\n\nLocal Government Act 2019 146\n(4) A registration authority must cancel the registration of a charge if\nthe council applies for the cancellation.\n(5) The council:\n(a) if the liability to which the charge relates is fully satisfied –\nmust apply for the cancellation of the registration of the\ncharge; and\n(b) may apply for a cancellation for any other reason.\n","sortOrder":263},{"sectionNumber":"257","sectionType":"section","heading":"Effect of registered charge","content":"257 Effect of registered charge\nIf a charge is registered as an overriding statutory charge under this\nDivision, it has priority over all other registered and unregistered\nmortgages, charges and encumbrances except a previously\nregistered overriding statutory charge.\n","sortOrder":264},{"sectionNumber":"258","sectionType":"section","heading":"Power to sell land for non-payment of rates","content":"258 Power to sell land for non-payment of rates\nThe council may sell the land if:\n(a) rates have been in arrears for at least 3 years; and\n(b) an overriding statutory charge securing liability for the rates\nhas been registered for at least 6 months.\n","sortOrder":265},{"sectionNumber":"259","sectionType":"section","heading":"Pre-conditions of sale","content":"259 Pre-conditions of sale\n(1) Before the council sells land for non-payment of rates, it must give\na notice to the principal ratepayer for the land at the address\nappearing in the assessment record:\n(a) stating the period for which rates have been in arrears; and\n(b) stating the total amount currently outstanding on the land; and\n(c) warning that if that amount is not paid in full within a stated\nperiod (at least 1 month) after the date of the notice, the\ncouncil intends to sell the land for non-payment of rates.\n(2) A copy of the notice must be given to:\n(a) any other person with a registered interest in the land; and\n\nLocal Government Act 2019 147\n(b) if the land is a pastoral lease or other lease granted by the\nTerritory, or a mining tenement – the Minister administering\nthe legislation under which the lease or mining tenement was\ngranted.\n(3) If the whereabouts of a person to whom a notice (or copy) is not\nascertained by the council after reasonable inquiries, the notice\nmay be given by:\n(a) publishing it in a newspaper circulating generally throughout\nthe Territory; and\n(b) leaving a copy of the notice in a conspicuous place on the\nland.\n","sortOrder":266},{"sectionNumber":"260","sectionType":"section","heading":"Sale of land","content":"260 Sale of land\n(1) If the full amount of the outstanding rates is not paid within the time\nallowed in the warning notice given under section 259(1), the\ncouncil may sell the land.\n(2) Subject to subsection (3), the sale must be by public auction.\n(3) If the land is:\n(a) a pastoral lease or other lease granted by the Territory, or a\nmining tenement, the sale must be made as approved by the\nMinister administering the legislation under which the lease or\nmining tenement was granted; and\n(b) a leasehold estate granted by a Land Trust, the sale must be\nmade as approved by the relevant Land Council.\n(4) A public auction must be advertised:\n(a) on the council's website no later than 21 days before the\nauction; and\n(b) on at least 2 separate occasions in a newspaper circulating\ngenerally throughout the Territory.\n(5) If before the date of the sale, the outstanding rates (including costs\nincurred by the council with a view to the sale of the land) are paid,\nthe council must cancel the sale.\n(6) If an auction fails, the council may sell the land by private contract\nfor the best price that it can reasonably obtain.\n(7) If a council sells land under this section, the council may execute a\nconveyance of the land under its common seal.\n\nLocal Government Act 2019 148\n(8) On registration of the conveyance, title to the land vests in the\npurchaser freed and discharged from all mortgages, charges and\nencumbrances securing the payment of money.\n","sortOrder":267},{"sectionNumber":"261","sectionType":"section","heading":"Proceeds of sale","content":"261 Proceeds of sale\n(1) The council must apply the proceeds of the sale of the land as\n(a) first – in the payment of the costs incurred in selling the land\nunder this Division;\n(b) second – in the payment of all liabilities secured on the land\n(including the liability to the council) in the order of their\npriority;\n(c) third – in payment to the person who owned the land prior to\nthe sale of the land.\n(2) If the council fails, after reasonable inquiry, to discover the identity\nor whereabouts of a person entitled to payment under this section,\nthe council may make the payment to the Public Trustee as\nunclaimed property.\n(3) A payment made to the Public Trustee under subsection (2) vests\nin the Public Trustee under, and for the purposes of, section 59A of\nthe Public Trustee Act 1979.\n","sortOrder":268},{"sectionNumber":"262","sectionType":"section","heading":"Correction of errors","content":"262 Correction of errors\n(1) The Minister may, by Gazette notice, declare that rates have been\nvalidly declared, or declared and levied, by a council despite a\nparticular procedural non-compliance or some other irregularity or\nerror of a minor or technical nature.\n(2) The declaration validates the rates from the date of the rates\npurported declaration.\n\nLocal Government Act 2019 149\n","sortOrder":269},{"sectionNumber":"263","sectionType":"section","heading":"Acquisition of property","content":"263 Acquisition of property\n(1) A council may acquire real or personal property (including\nintellectual property) by agreement.\n(2) The Minister administering the Lands Acquisition Act 1978 may, by\narrangement with a council, compulsorily acquire land for the\ncouncil under that Act.\n(3) The council must reimburse the relevant Minister for compensation\nand other costs associated with the acquisition.\n","sortOrder":270},{"sectionNumber":"264","sectionType":"section","heading":"Assumption of care, control and management of land","content":"264 Assumption of care, control and management of land\n(1) A council may, at the request or with the consent of each interested\nperson, assume the care, control and management of land within its\narea.\n(2) However, if the land is subject to a trust, the consent of the trustee\nis required, but the consent of the equitable owners is not required.\n(3) The consent of the following is not required:\n(a) a person who cannot be found after reasonable inquiry;\n(b) a body that has become defunct.\n(4) When a council assumes the care, control and management of\nland, it must publish notice of that fact on its website.\ninterested person means any of the following:\n(a) the owner;\n(b) a person (other than the owner) with a registered estate or\ninterest in the land;\n(c) if a person claims an interest in the land and the interest is\nprotected by a registered caveat – the caveator.\n\nLocal Government Act 2019 150\n","sortOrder":271},{"sectionNumber":"265","sectionType":"section","heading":"Power to develop and improve land","content":"265 Power to develop and improve land\nA council may develop and improve land in its ownership or under\nits care, control and management.\n","sortOrder":272},{"sectionNumber":"266","sectionType":"section","heading":"Power to act as trustee","content":"266 Power to act as trustee\n(1) A council may act as a trustee of land or other property.\n(2) However, a council cannot assume an obligation to promote a\nparticular religion.\n(3) Subsection (2) does not prevent a council from accepting a gift on\nconditions requiring the council to maintain a particular portion of a\ncemetery set apart for the members or adherents of a particular\nreligious or cultural group.\n(4) A council may apply to the Supreme Court for an order varying the\nterms of a trust of which the council is a trustee.\n(5) Notice of an application describing the nature of the variation\nsought must be given:\n(b) by notice published in a newspaper circulating generally in the\nTerritory; and\n(c) in any other way directed by the Supreme Court.\n(6) If the Supreme Court is satisfied that it is not practicable for the\ncouncil to give effect to the trust in its present form, the Court may\nvary the terms of the trust.\n(7) The council must publish notice of the making and effect of the\norder on its website.\n","sortOrder":273},{"sectionNumber":"267","sectionType":"section","heading":"Power to deal with and dispose of property","content":"267 Power to deal with and dispose of property\n(1) Subject to the Minister's guidelines, a council may deal with or\ndispose of property of which the council is the owner.\n(2) This section does not authorise a council to act in contravention of\ntrust or in contravention of conditions on which the property was\naccepted by the council.\n\nLocal Government Act 2019 151\n","sortOrder":274},{"sectionNumber":"Part 12","sectionType":"part","heading":"2 Reserves, cemeteries and facilities","content":"Part 12.2 Reserves, cemeteries and facilities\n","sortOrder":275},{"sectionNumber":"268","sectionType":"section","heading":"Reserves","content":"268 Reserves\n(1) If a council agrees, the Minister may, by Gazette notice, place a\nreserve in the council's area under the care, control and\nmanagement of the council.\n(2) The council has, in relation to the reserve, the powers and functions\nof trustees appointed under section 79 of the Crown Lands\nAct 1992.\n","sortOrder":276},{"sectionNumber":"269","sectionType":"section","heading":"Public cemeteries, community cemeteries and facilities","content":"269 Public cemeteries, community cemeteries and facilities\n(1) A council is the responsible entity for a public cemetery or a\ncommunity cemetery that is located in the council's area.\n(2) If a council is the responsible entity for a public cemetery or a\ncommunity cemetery, the council may make by-laws for the\nmanagement and control of that cemetery.\n(3) A council is the responsible entity for a facility that is located in a\npublic cemetery in the council's area.\n","sortOrder":277},{"sectionNumber":"270","sectionType":"section","heading":"Roads","content":"270 Roads\n(1) A road is:\n(a) land vested in a council at the commencement of this Act as a\nroad or a road reserve; and\n(b) land vested in or placed under the care, control and\nmanagement of a council as a road or a road reserve after the\ncommencement of this Act, under this or another Act; and\n(c) land reserved, dedicated or resumed, with the council's\nagreement, as a public street, road or thoroughfare; and\n(d) land transferred to the council in fee simple, and accepted by\nthe council, as a public road; and\n(e) land declared by the council, by Gazette notice, to be a road\nwith the consent of the owner of the land; and\n(f) land vested in the council, with the council's agreement, by\nnotice under subsection (2).\n\nLocal Government Act 2019 152\n(2) If a council agrees, the Minister may, by Gazette notice, vest Crown\nland in, or place Crown land under the care, control and\nmanagement of, the council as a road or a road reserve.\n(3) Land ceases to be a road if the road is permanently closed under\nthis Act or another Act.\n","sortOrder":278},{"sectionNumber":"271","sectionType":"section","heading":"Care, control and management of roads","content":"271 Care, control and management of roads\n(1) Subject to this section, all roads within a council area are under the\ncare, control and management of the council.\n(2) After consulting with a council, the Minister may, by Gazette notice,\nwithdraw a road from the care, control and management of the\ncouncil and place it under the care control and management of the\n(3) Subject to any contrary agreement between the council and the\nMinister, if a road is vested in the council, a notice under\nsubsection (2) divests the road from the council and vests it in the\n(4) If a council has the care, control and management of a road that is\nvested in someone else, then, subject to any contrary agreement\nbetween the council and the owner, the powers of the council to\ncare, control and manage the road are exclusive of those of the\nowner.\n(5) While a road remains under the care, control and management of a\ncouncil, the following belongs to the council:\n(a) all vegetation growing on the road;\n(b) anything erected on, or affixed to, the road except\ninfrastructure or equipment belonging to the Commonwealth\nor the Territory or a statutory authority of the Commonwealth\nor the Territory.\n","sortOrder":279},{"sectionNumber":"272","sectionType":"section","heading":"Closing of roads","content":"272 Closing of roads\n(1) A council may temporarily or permanently close a road, or part of a\nroad, under its care, control and management.\n(2) However, a road or part of a road is not to be permanently closed\nunder subsection (1) unless:\n(a) any relevant procedural requirements prescribed by regulation\nhave been satisfied; and\n\nLocal Government Act 2019 153\n(b) the following Ministers consent:\n(i) the Minister;\n(ii) the Minister responsible for the administration of the\nControl of Roads Act 1953.\n(3) Subject to any contrary agreement between a council and the\nMinister, if a road under the care, control and management of a\ncouncil is vested in the Territory and the road is permanently\nclosed, the land comprising the road vests in the council in fee\nsimple.\n","sortOrder":280},{"sectionNumber":"273","sectionType":"section","heading":"Establishment of new road","content":"273 Establishment of new road\n(1) Before a council establishes a new road in its area, it must give\npublic notice of the proposal to do so.\n(2) The proposal (which must include a plan delineating the proposed\nnew road with reasonable accuracy and detail):\n(a) must be accessible on the council's website; and\n(b) must be available for inspection by interested members of the\npublic at the council's public office.\n(3) The notice must include an invitation to any person who may object\nto the proposal to lodge a written objection to the proposal within a\nreasonable period (at least 28 days) stated in the notice.\n(4) The council must consider any written objections lodged in\naccordance with the invitation in subsection (3).\n(5) If, after publishing a notice under this section, the council\nsubstantially modifies its proposal, either as a result of objections or\nfor some other reason, the council must publish a fresh notice\nunder this section of the modified proposal.\n(6) This section does not apply to the establishment of a road on a\ntemporary basis.\n","sortOrder":281},{"sectionNumber":"274","sectionType":"section","heading":"Substantial temporary road closure","content":"274 Substantial temporary road closure\n(1) If a council proposes to close a road temporarily but for a\nsubstantial period (at least 1 month), the council must, before\nproceeding with its proposal, consult with the Minister (or the\nMinister's nominee) and the MLA for the electoral division in which\nthe road is situated.\n\nLocal Government Act 2019 154\n(2) The council:\n(a) must carefully consider written submissions made by the\nMinister (or the Minister's nominee) and the MLA in the course\nof the consultation; and\n(b) must not proceed with the closure unless satisfied that the\nreasons for the closure justify the disruption to traffic resulting\nfrom the closure.\n(3) Subsections (1) and (2) do not apply in relation to the following:\n(a) the closure of a road that is a laneway;\n(b) the closure of a newly created road that has not yet been\nopened to the public;\n(c) a road closure that is urgently necessary in the interests of\npublic safety;\n(d) any other road closure prescribed by regulation.\n\nLocal Government Act 2019 155\n","sortOrder":282},{"sectionNumber":"275","sectionType":"section","heading":"Power to make by-laws","content":"275 Power to make by-laws\n(1) Subject to this Part, a council may make by-laws for the good\ngovernance of its area.\n(2) The regulations may:\n(a) prescribe the subject matter that falls within the ambit of a\ncouncil's power to make by-laws; or\n(b) exclude subject matter from the ambit of a council's power to\nmake by-laws.\n(3) A by-law may be of general or limited application.\n(4) A by-law binds the Territory and all its instrumentalities.\n(5) A by-law may impose a penalty, not exceeding 100 penalty units for\nan individual or 500 penalty units for a body corporate, for\ncontravention of the by-law.\n(6) A by-law may also provide for a daily penalty, not exceeding\n5 penalty units for an individual or 25 penalty units for a body\ncorporate, for each day a contravention of the by-law continues.\n","sortOrder":283},{"sectionNumber":"276","sectionType":"section","heading":"Principles applying to by-laws","content":"276 Principles applying to by-laws\n(1) A by-law must conform with the following principles:\n(a) a by-law must not exceed the power under which it is\npurportedly made;\n(b) a by-law must not:\n(i) operate retrospectively; or\n(ii) impose a tax;\n(c) a by-law must not shift the legal or evidential burden of proof\nto the accused in criminal proceedings unless:\n(i) the offence is a parking offence or other minor traffic\ninfringement; or\n\nLocal Government Act 2019 156\n(ii) the shift of onus concerns only formal matters or matters\nperipheral to the substance of the offence; or\n(iii) there is clear authority in the authorising legislation to\nshift the onus of proof to the accused;\n(d) a by-law must not infringe personal rights in an unreasonable\nway or to an unreasonable extent;\n(e) a by-law must be consistent with basic principles of justice and\nfairness.\n(2) A by-law should reflect the following principles:\n(a) a by-law should not impose unreasonable burdens on the\ncommunity;\n(b) a by-law should not restrict competition unless the benefits of\nthe restriction clearly outweigh the detriments;\n(c) a by-law should be expressed in plain language as far as\npossible (and in gender neutral language).\n(3) If a by-law infringes one or more principles stated in subsection (2)\nit is not necessarily invalid on that ground, but a court, in\nconsidering whether the by-law represents a reasonable exercise of\nthe power under which the by-law was made, must take the\ninfringement into account.\n(4) A by-law should be consistent with other legislation applying in the\ncouncil's area.\n(5) A by-law should avoid duplication of, or overlap with, other\nlegislation.\n(6) This section does not affect the validity of a by-law made before the\ncommencement of this Act.\n","sortOrder":284},{"sectionNumber":"277","sectionType":"section","heading":"By-laws for animal management","content":"277 By-laws for animal management\nWithout limiting section 275, the power of a council to make by-laws\nextends to the making of by-laws providing for:\n(a) the seizure of an apparently diseased, injured, savage,\ndestructive, stray or unregistered animal or an animal at large;\nand\n(b) the destruction of a diseased, injured, savage, destructive,\nunclaimed, unregistered or unwanted animal.\n\nLocal Government Act 2019 157\n","sortOrder":285},{"sectionNumber":"278","sectionType":"section","heading":"Making by-laws","content":"278 Making by-laws\n(1) Before a council makes a by-law:\n(a) the council must, at least 28 days before the meeting at which\nthe council proposes to make the by-law:\n(i) publish the following on its website:\n(A) the proposed by-law;\n(B) a document explaining the general nature and\neffect of the by-law; and\n(ii) make copies of the proposed by-law available for public\ninspection, without fee, at the council's public office; and\n(b) the council must allow at least 21 days for members of the\npublic to make written submissions to the council about the\nby-law; and\n(c) the council must consider the submissions; and\n(d) the council must obtain a certificate from the CEO of the\nAgency, which specifies that the by-law is consistent with the\nprinciples in this Part.\n(2) A special resolution of the council is required for making a by-law.\nNotes for section 278\n1 Sections 63A to 63C of the Interpretation Act 1978 are relevant to the making\nof by-laws.\n2 Section 63A(1)(a)(ii) provides that by-laws must be signed by a person\nauthorised by the council to sign them and forwarded to the Minister.\n3 Section 63A(2) provides that, where by-laws are forwarded to the Minister,\nthe Minister must cause them to be notified in the Gazette and must lay them\nbefore the Legislative Assembly within 6 sitting days after the Gazette\nnotification. By-laws are then liable to disallowance by the Legislative\nAssembly under section 63C.\n","sortOrder":286},{"sectionNumber":"279","sectionType":"section","heading":"Accessibility of by-laws","content":"279 Accessibility of by-laws\n(1) A council must keep a copy of all by-laws made or adopted by the\n(2) The copy must include the text of each by-law and of any code,\nstandard or other document referred to or incorporated in the\nby-law.\n(3) Each by-law made or adopted by the council must be:\n\nLocal Government Act 2019 158\n(a) accessible on or from the council's website; and\n(b) available for inspection, free of charge, at the council's public\noffice.\n(4) A person is entitled, on payment of a fee fixed by the council, to a\ncertified copy of a by-law.\n","sortOrder":287},{"sectionNumber":"280","sectionType":"section","heading":"Matters of evidence for entries in register","content":"280 Matters of evidence for entries in register\nA statement signed by the CEO in relation to the details contained\nin an entry in a register established by a by-law, including the\nfollowing, is evidence of those details without requiring production\nof the register, unless a court otherwise orders:\n(a) whether the name of a person was entered in a register in\nrelation to an animal, matter or thing;\n(b) whether a licence or registration had been issued in relation to\nan animal or premises.\n","sortOrder":288},{"sectionNumber":"281","sectionType":"section","heading":"Determinations to be published","content":"281 Determinations to be published\nIf a council makes a determination of general application under a\nby-law, the council must publish the determination on its website.\n","sortOrder":289},{"sectionNumber":"282","sectionType":"section","heading":"Regulatory order","content":"282 Regulatory order\nAn order made under this Division is a regulatory order.\n","sortOrder":290},{"sectionNumber":"283","sectionType":"section","heading":"Visual pollution","content":"283 Visual pollution\n(1) If visual pollution exists on land and it detracts significantly from the\namenity of the surrounding neighbourhood, a council may make an\norder requiring the owner or occupier of the land to take specified\naction to remove, or to reduce the impact of, the visual pollution.\n(2) Visual pollution exists on land if:\n(a) the land itself is in an unsightly condition; or\n(b) there is an unsightly structure or object on the land.\n\nLocal Government Act 2019 159\n","sortOrder":291},{"sectionNumber":"284","sectionType":"section","heading":"Mitigation of hazard or nuisance","content":"284 Mitigation of hazard or nuisance\nA council may make an order requiring the owner or occupier of\nland to remove or mitigate a hazard or nuisance or potential hazard\nor nuisance.\nExamples for section 284\n1 The council may require the owner to construct drains to prevent water from\nthe land draining across an adjoining road.\n2 The council may require the owner or occupier to cut back overhanging\nvegetation.\n3 The council may require the owner or occupier to fence the land to prevent\nanimals from running out from the land across a road.\n4 The council may require the owner or occupier to clear away objects or\nmaterials that could prove hazardous to neighbours during a cyclone.\n285 Animals and activities involving animals\nIf an animal or an activity involving an animal is, or is likely to\nbecome, a hazard or nuisance, the council may make an order\nrequiring the owner or occupier of the land on which the animal is\nkept or the activity is carried out, to take specified action to remove\nor mitigate the hazard or nuisance.\nExamples for section 285\n1 The council may require relocation of slaughtering activities to a place where\nthey are less likely to cause offence or a risk to the health of others.\n2 The council may require action to reduce the number of cats kept on a\nproperty.\n3 The council may require action to reduce noise or odours.\n4 The council may require the destruction of a dangerous animal that cannot be\nadequately controlled in its current location.\n286 Review of orders\nA regulatory order is reviewable.\n287 Time for carrying out work under regulatory order\n(1) A regulatory order must fix a reasonable period for taking the action\nrequired by the order.\n(2) The council may extend the time for compliance with the order on\napplication by the person required to comply.\n\nLocal Government Act 2019 160\n","sortOrder":292},{"sectionNumber":"288","sectionType":"section","heading":"Non-compliance with order","content":"288 Non-compliance with order\n(a) the person is subject to a regulatory order; and\n(b) the person fails to comply with the order.\n(4) If a person fails to comply with a regulatory order, a person\nauthorised by the council may, after reasonable notice to the owner\nor occupier of the land, enter the land and carry out work, or take\nother action, required under the order.\n(5) The council may recover the cost of the work, or other action, as\nunpaid rates.\n","sortOrder":293},{"sectionNumber":"289","sectionType":"section","heading":"Fees for services","content":"289 Fees for services\n(1) A council may, by resolution, impose a fee to be charged for a\nservice.\nA council, as the responsible entity for a public cemetery or a community\ncemetery, may charge fees in relation to cemetery services under section 26 of\nthe Burial and Cremation Act 2022.\n(2) The amount of the fee may be fixed in revenue units, however the\ncouncil must show the equivalent dollar value in any publication of\nthe fee on its website or any other material published by the\n(3) Any service for which a fee is charged must be an optional service\nor a service provided on request.\n(4) A council that imposes a fee under subsection (1) may, by\nresolution, provide for the following:\n(a) the exemption from payment of the fee;\n(b) the waiver (wholly or partly) of the fee;\n\nLocal Government Act 2019 161\n(c) the refund (wholly or partly) of the fee.\n\nLocal Government Act 2019 162\n","sortOrder":294},{"sectionNumber":"290","sectionType":"section","heading":"Annual reports","content":"290 Annual reports\n(1) A council must, on or before 15 November in each year, report to\nthe Minister on its work during the financial year ending on the\npreceding 30 June.\n(2) As soon as practicable after the annual report has been delivered to\nthe Minister, the council must:\n(a) publish the report on the council's website; and\n(b) make copies of the report available to be obtained from the\ncouncil's public office; and\n(c) provide a copy of the report to the Agency.\n","sortOrder":295},{"sectionNumber":"291","sectionType":"section","heading":"Content of annual report","content":"291 Content of annual report\n(1) The annual report of a council must include:\n(a) a copy of the council's audited financial statement for the\nrelevant financial year; and\n(b) an assessment of:\n(i) the council's performance against the objectives stated\nin the relevant municipal, regional or shire plan adopted\nfor the relevant financial year (applying indicators of\nperformance set in the plan); and\n(ii) for a council for a region – the activities of any local\nauthority within the council's area for the relevant\nfinancial year; and\n(c) an itemisation of any shared services the council has been\ninvolved with for the relevant financial year; and\n(d) details in relation to any delegations of the council's functions\nand powers to a council committee, local authority or local\ngovernment subsidiary in force for the relevant financial year;\nand\n(e) an itemisation of any amounts of fees or allowances paid to\ncommittee members in the relevant financial year; and\n\nLocal Government Act 2019 163\n(f) a report on the consultations undertaken by the council in the\nrelevant financial year; and\n(g) an assessment of the council's performance of service\ndelivery and projects for the relevant financial year, with\nreference to the advice and recommendations of a local\nauthority or authorities; and\n(h) any other information prescribed by regulation or in\naccordance with guidelines made by the Minister.\n(2) The annual report must be in the approved form.\nNote for section 291\nThe annual report of a constituent council of a local government subsidiary has\nadditional requirements mentioned in section 70(2).\n","sortOrder":296},{"sectionNumber":"292","sectionType":"section","heading":"Information to be publicly available","content":"292 Information to be publicly available\nThe material specified in Schedule 3 is to be available on the\ncouncil's website and at the council's public office, subject to the\ncorresponding conditions specified in Schedule 3.\n","sortOrder":297},{"sectionNumber":"293","sectionType":"section","heading":"Suppression of certain information","content":"293 Suppression of certain information\n(1) The CEO must suppress from publicly available material the\ninformation prescribed by regulation as confidential.\n(2) A person may, in writing, request the CEO to suppress any of the\nfollowing from any publicly available material:\n(a) the person's name;\n(b) the person's address;\n(c) the person's telephone number;\n(d) the person's email address;\n(e) any other personal details.\n(3) The CEO must comply with a request under subsection (2) unless\nthe CEO considers there is good reason for not doing so.\n(4) The CEO must, in writing, notify the person who made the request\nof the result of the request.\n\nLocal Government Act 2019 164\n(5) A decision to refuse suppression under subsection (4) is\nreviewable.\npublicly available material means an assessment record or other\nmaterial (except an electoral roll) that is to be made publicly\navailable under this Part or any other provision of this Act.\n\nLocal Government Act 2019 165\n","sortOrder":298},{"sectionNumber":"294","sectionType":"section","heading":"Inspectors","content":"294 Inspectors\n(1) The Minister may appoint inspectors of local government.\n(2) An appointment may be made on terms and conditions specified in\nthe instrument of appointment.\n(3) The terms and conditions of appointment may limit the\ncircumstances in which the appointee may exercise powers as an\ninspector.\nExample for subsection (3)\nIf an inspector's field of expertise lies in auditing financial records, the\nappointment could limit the inspector to that field.\n","sortOrder":299},{"sectionNumber":"295","sectionType":"section","heading":"Identity card","content":"295 Identity card\n(1) The Agency must give an inspector an identity card stating the\nperson's name and that the person is an inspector.\n(2) The identity card must:\n(a) display a recent photograph of the inspector; and\n(b) state the card's date of issue and expiry; and\n(c) be signed by the inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":300},{"sectionNumber":"296","sectionType":"section","heading":"Return of identity card","content":"296 Return of identity card\n(1) A person who ceases to be an inspector must return the person's\nidentity card to the Agency within 21 days after the cessation.\n\nLocal Government Act 2019 166\n","sortOrder":301},{"sectionNumber":"297","sectionType":"section","heading":"Functions of an inspector","content":"297 Functions of an inspector\nThe functions of an inspector are:\n(a) to carry out compliance reviews; and\n(b) to investigate suspected irregularities in or affecting the\nconduct of a council's or local government subsidiary's affairs.\n","sortOrder":302},{"sectionNumber":"298","sectionType":"section","heading":"Program of compliance reviews","content":"298 Program of compliance reviews\n(1) The Agency must establish a program of compliance reviews for\ncouncils and local government subsidiaries.\n(2) The purpose of a compliance review is to ensure that councils and\nlocal government subsidiaries conduct their business lawfully.\n(3) A local government subsidiary may be subject to a separate\ncompliance review to the compliance review of its constituent\ncouncil or councils.\n","sortOrder":303},{"sectionNumber":"299","sectionType":"section","heading":"Carrying out of compliance review","content":"299 Carrying out of compliance review\nA compliance review is to be carried out by one or more inspectors\nassigned to the review by the Agency.\n","sortOrder":304},{"sectionNumber":"300","sectionType":"section","heading":"Agency must report on results of compliance review","content":"300 Agency must report on results of compliance review\n(1) The Agency must:\n(a) for a compliance review of a council – report to the council on\nthe results of the compliance review; and\n(b) for a compliance review of a local government subsidiary –\nreport to the local government subsidiary and the constituent\ncouncil or councils on the results of the compliance review.\n(2) The report may contain recommendations for administrative or\nregulatory change.\n(3) A copy of the report must be provided to the following:\n(a) for a report related to a council – to the CEO and principal\nmember of the council;\n(b) for a report related to a local government subsidiary – to the\nchief executive of the local government subsidiary and the\nprincipal member of each constituent council or councils.\n\nLocal Government Act 2019 167\n(4) As soon as practicable after receiving a report related to a council\nunder subsection (3)(a), the CEO and the principal member must\nensure a copy of the report is provided to each other member of the\n(5) As soon as practicable after receiving a report related to a local\ngovernment subsidiary under subsection (3)(b):\n(a) the chief executive must ensure that a copy of the report is\nprovided to all members of the constituent council or councils;\nand\n(b) the principal member of each constituent council must ensure\nthat a copy of the report is provided to each other member of\ntheir council.\n","sortOrder":305},{"sectionNumber":"Part 15","sectionType":"part","heading":"3 Investigations","content":"Part 15.3 Investigations\n","sortOrder":306},{"sectionNumber":"301","sectionType":"section","heading":"Investigations","content":"301 Investigations\n(1) The Agency may, at any time, direct an investigation into the affairs\nof a council or a local government subsidiary.\n(2) An investigation is to be carried out by an inspector, or 2 or more\ninspectors, assigned to the investigation by the Agency.\n","sortOrder":307},{"sectionNumber":"302","sectionType":"section","heading":"Power of entry","content":"302 Power of entry\n(1) For the purposes of a compliance review or an investigation, an\ninspector may:\n(a) enter, examine and search land and premises of the council or\nlocal government subsidiary; and\n(b) examine and take copies of any records or other documents of\nthe council or local government subsidiary.\n(2) The CEO, chief executive, or any other member of the council's\nstaff or local government subsidiary's staff must, at the request of\nan inspector, do the following:\n(a) anything reasonably necessary to facilitate the exercise of\npowers under subsection (1);\n(b) answer any question relevant to the compliance review or the\ninvestigation asked by the inspector;\n\nLocal Government Act 2019 168\n(c) produce any specified record or documentary material\nrelevant to the compliance review or the investigation;\n(d) give any other assistance the inspector reasonably requires;\n(e) any combination of the above.\n(3) A request under subsection (2) may be made orally or in writing.\n(4) A person commits an offence if the person fails to comply with a\nrequest under subsection (2).\n(6) Subsection (4) does not apply if the request was not given in writing\nto the person.\n(7) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took reasonable steps to comply\nwith the request.\n","sortOrder":308},{"sectionNumber":"303","sectionType":"section","heading":"Power of formal questioning","content":"303 Power of formal questioning\n(1) For the purposes of a compliance review or investigation, an\ninspector may, by written notice, require a person:\n(a) within the time allowed in the notice, to provide written\nanswers to specific questions or other specified written\ninformation; or\n(b) to attend before the inspector at a specified time and place for\nexamination on a subject stated in the notice; or\n(c) within the time allowed in the notice, to produce specified\nrecords or documents; or\n(d) within the time allowed in the notice, to produce records or\ndocuments of a specified kind.\n(2) A person required under subsection (1)(a) to provide written\nanswers to questions or other written information must verify the\nanswers or information by statutory declaration.\n(3) A person who attends for examination before an inspector must:\n(a) if the inspector so requires – take an oath to answer truthfully\nall questions put to the person by the inspector; and\n(b) answer questions put to the person at the examination.\n\nLocal Government Act 2019 169\n(4) A person commits an offence if the person fails to comply with a\nrequirement under this section.\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant took reasonable steps to comply\nwith the requirement under this section.\n","sortOrder":309},{"sectionNumber":"304","sectionType":"section","heading":"Self-incrimination","content":"304 Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document under this Act is not excused from doing so on\nthe ground that the answer, information or document might tend to\nincriminate the person or make the person liable to a penalty.\n(2) However, the answer, information or document is not admissible in\nevidence against the person in a civil or criminal proceeding except\na proceeding for an offence in which the falsity or misleading nature\nof the answer, information or document is relevant.\n","sortOrder":310},{"sectionNumber":"305","sectionType":"section","heading":"Confidential matters","content":"305 Confidential matters\n(1) A person must not refuse to comply with a requirement under\nsection 302 or 303 because the answer, information, record or\ndocument is confidential.\n(2) However, the person is not required to comply with the requirement\nif it requires the person to disclose legally privileged information.\n","sortOrder":311},{"sectionNumber":"306","sectionType":"section","heading":"Inspector's report","content":"306 Inspector's report\n(1) If an inspector finds evidence of an irregularity in the conduct of a\ncouncil's or local government subsidiary's affairs, the inspector\nmust report the matter to:\n(a) the Agency; and\n(b) the council or constituent council or councils.\n(2) If the irregularity appears to involve improper conduct the inspector\nmust also report the matter to the Minister and the ICAC.\nimproper conduct, see section 4 of the Independent\nCommissioner Against Corruption Act 2017.\n\nLocal Government Act 2019 170\n","sortOrder":312},{"sectionNumber":"307","sectionType":"section","heading":"Power to impose surcharge","content":"307 Power to impose surcharge\n(1) If a council has suffered loss as a result of dishonesty or serious\nillegality, the council may apply to NTCAT to impose a surcharge on\na person whose dishonest or illegal act gave rise to the loss.\n(2) If NTCAT imposes a surcharge on a person, the amount of the\nsurcharge must not exceed the total of the following amounts:\n(a) the amount of the loss suffered by the council;\n(b) the amount incurred by the council to recover the surcharge.\n(3) The surcharge is imposed by giving the person a decision notice.\n","sortOrder":313},{"sectionNumber":"308","sectionType":"section","heading":"Recovery of surcharge","content":"308 Recovery of surcharge\n(1) A surcharge may be recovered as a debt due to the council.\n(2) The council may set off against the amount of a surcharge the\namount of any liability owed by the council to the person liable for\nthe surcharge.\n\nLocal Government Act 2019 171\n","sortOrder":314},{"sectionNumber":"Part 16","sectionType":"part","heading":"1 Establishment of commission","content":"Part 16.1 Establishment of commission\n","sortOrder":315},{"sectionNumber":"309","sectionType":"section","heading":"Establishment of commission of inquiry","content":"309 Establishment of commission of inquiry\n(1) The Minister may establish a commission of inquiry to inquire into:\n(a) the affairs of a particular council; or\n(b) the affairs of a particular local government subsidiary, either\nas part of an inquiry into its constituent council or councils or\nseparately; or\n(c) any other question relevant to local government in the\n(2) The Minister may appoint a person to be a commissioner to\nconstitute the commission of inquiry.\n(3) A commission of inquiry may be constituted by more than one\ncommissioner.\n(4) If the Minister establishes a commission of inquiry to inquire into the\naffairs of a particular council, the Minister must give notice to the\nrelevant council of the reasons for and subject matter of the inquiry.\n","sortOrder":316},{"sectionNumber":"310","sectionType":"section","heading":"Commissioner's terms of office","content":"310 Commissioner's terms of office\n(1) The remuneration and other terms and conditions on which a\ncommissioner holds office are determined by the Minister.\n(2) A commissioner has the same privileges and immunities as a\nSupreme Court Judge in relation to the performance of official\nfunctions.\n","sortOrder":317},{"sectionNumber":"311","sectionType":"section","heading":"Conduct of inquiry","content":"311 Conduct of inquiry\n(1) A commission of inquiry must inquire diligently into the subject\nmatter of the inquiry and report to the Minister on the results of the\ninquiry.\n(2) A commission of inquiry may gather information in any way it\nconsiders appropriate and is not bound by the rules of evidence.\n\nLocal Government Act 2019 172\n(3) Proceedings of a commission of inquiry are to be held in a place\nopen to the public unless the commission considers it desirable, in\nthe public interest, to hold the proceedings in private.\n(4) If a commission of inquiry is appointed to inquire into the affairs of a\nparticular council or local government subsidiary, it must allow the\ncouncil or local government subsidiary a reasonable opportunity to\nmake submissions on the subject matter of the inquiry.\n","sortOrder":318},{"sectionNumber":"312","sectionType":"section","heading":"Evidentiary powers of commission","content":"312 Evidentiary powers of commission\n(1) A commission of inquiry may exercise any of the following\nevidentiary powers:\n(a) it may require a person to appear before it to give evidence;\n(b) it may require a person to provide written answers to\nquestions put to the person by the commission and to verify\nthe answers by statutory declaration;\n(c) it may require a person to produce documents or other\nevidentiary materials in the person's possession or control to\nthe commission.\n(2) A requirement under subsection (1) is made by giving the person\nwhose compliance is required a notice in writing:\n(a) stating the subject matter of the inquiry; and\n(b) setting out the terms of the requirement; and\n(c) fixing or allowing a reasonable time for compliance with the\nrequirement.\n(3) The commission may require a person appearing before it to give\nevidence on oath.\n(4) A person commits an offence if:\n(c) the conduct results in a failure to comply with the requirement\nand the person is reckless in relation to the result.\n(5) Strict liability applies to subsection (4)(a).\n\nLocal Government Act 2019 173\n(6) A person commits an offence if:\n(b) the conduct results in the person's failure or refusal to take an\noath when required to do so by the commission and the\nperson is reckless in relation to the result.\n(7) A person commits an offence if:\n(b) the conduct results in the person's failure or refusal to answer\na question relevant to the subject matter of the inquiry when\nrequired to do so by the commission.\n(8) It is a defence to a prosecution for an offence against\nsubsection (4), (6) or (7) if the defendant has a reasonable excuse.\n(9) A person who gives evidence to a commission of inquiry has the\nsame privileges and immunities as a witness in proceedings before\nthe Supreme Court.\n","sortOrder":319},{"sectionNumber":"313","sectionType":"section","heading":"Legal representation","content":"313 Legal representation\nA council, local government subsidiary or other person whose\nconduct is under investigation by a commission of inquiry is entitled\nto be represented by a legal practitioner in proceedings before the\ncommission.\n","sortOrder":320},{"sectionNumber":"314","sectionType":"section","heading":"Reopening of inquiry","content":"314 Reopening of inquiry\nThe Minister may direct a commission of inquiry to reopen the\ninquiry if fresh evidence comes to light or it appears desirable for\nsome other reason to reopen the inquiry.\n","sortOrder":321},{"sectionNumber":"315","sectionType":"section","heading":"Report of commission of inquiry","content":"315 Report of commission of inquiry\n(1) Publication of a report of a commission of inquiry is absolutely\nprivileged.\n(2) Publication of a fair report of proceedings or findings of a\ncommission of inquiry is protected by qualified privilege.\n\nLocal Government Act 2019 174\n","sortOrder":322},{"sectionNumber":"Part 17","sectionType":"part","heading":"1 Required remedial action","content":"Part 17.1 Required remedial action\n","sortOrder":323},{"sectionNumber":"316","sectionType":"section","heading":"Minister may require action to remedy deficiencies","content":"316 Minister may require action to remedy deficiencies\n(1) If the Minister is satisfied that deficiencies have been identified in\nthe conduct of a council's affairs and that action must be taken to\naddress them, the Minister may:\n(a) require the council to take specified remedial action within a\nspecified period; and\n(b) require the council to report to the Minister, at the end of the\nspecified period, on the action taken to give effect to the\nrequirement.\n(2) The remedial action referred to in subsection (1) must be specified\nin writing and the notice must refer to the offence and maximum\npenalty in subsection (3).\n(a) the person is a member of a council; and\n(b) the council fails to comply with a requirement under this\nsection.\nMaximum penalty: 500 penalty units.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant acted with reasonable diligence to\nsecure compliance by the council.\n","sortOrder":324},{"sectionNumber":"317","sectionType":"section","heading":"Financial controller","content":"317 Financial controller\n(1) The CEO of the Agency may, by Gazette notice, appoint a financial\ncontroller for a council or a local government subsidiary if the CEO\nconsiders the council or local government subsidiary is not:\n(a) performing its financial responsibilities appropriately; or\n(b) complying with this Act.\n\nLocal Government Act 2019 175\n(2) A financial controller is responsible for:\n(a) implementing financial controls as directed by the CEO of the\nAgency; and\n(b) performing other related duties as directed by the CEO of the\nAgency.\n(3) The council or local government subsidiary must cooperate fully\nwith the financial controller.\n(4) If a financial controller is appointed, the council or local government\nsubsidiary must obtain the financial controller's authorisation before\nundertaking any of the following:\n(a) a transaction from an account kept by the council or local\ngovernment subsidiary with a financial institution;\n(b) any other type of expenditure;\n(c) any future financial commitments.\n(5) If the financial controller believes on reasonable grounds that a\ndecision, resolution or order to make a payment is financially\nunsound, the financial controller must:\n(a) refuse to make a payment; and\n(b) advise the CEO of the Agency and the council about why the\ndecision, resolution or order is financially unsound.\nfinancially unsound, in relation to a decision, resolution or order,\nmeans the decision, resolution or order:\n(a) may cause the council or local government subsidiary to\nbecome insolvent; or\n(b) would result in unlawful expenditure by the council or local\ngovernment subsidiary; or\n(c) would result in a disbursement from a fund that is not provided\nfor in the council's or local government subsidiary's budget; or\n(d) would result in expenditure from grant moneys for a purpose\nother than the purpose for which the grant was given.\n\nLocal Government Act 2019 176\n","sortOrder":325},{"sectionNumber":"318","sectionType":"section","heading":"Official management of councils","content":"318 Official management of councils\n(1) If the Minister is satisfied that there are or there may be serious\ndeficiencies identified in the conduct of a council's affairs, the\nMinister may, by Gazette notice, place the council under official\nmanagement.\n(2) When the Minister places a council under official management:\n(a) all members of the council are suspended from office; and\n(ab) a suspended member is not entitled to any remuneration,\nallowances, expenses or benefits during the period of\nsuspension; and\n(b) despite section 135, if a periodic general election is scheduled\nto be held for the period of official management – the council\ndoes not participate in the election; and\n(c) the Minister:\n(i) must appoint a suitable person to manage the affairs of\nthe council (the official manager); and\n(ii) must appoint a suitable person (who may – but need\nnot – be the official manager) to investigate and report\nback to the Minister, within a period allowed by the\nMinister, on the conduct of the suspended members and\nthe affairs and financial position of the council (the\ninvestigator).\n(3) The investigator has the powers of an inspector.\n(4) The Minister may extend the time allowed for the investigator's\nreport.\n(5) When the Minister receives the investigator's report, the Minister\nmust invite written submissions from the following within a\nreasonable period (of at least 21 days) specified in the invitation:\n(a) the suspended members;\n(b) any other person against whom the investigator has made a\nsignificant adverse finding in the report.\n\nLocal Government Act 2019 177\n(6) No later than 12 months after placing the council under official\nmanagement, and after considering any submissions made in\nresponse to an invitation under subsection (5), the Minister must, by\nGazette notice:\n(a) reinstate all of the suspended members; or\n(b) dismiss all of the suspended members from office.\n(7) The investigator ceases to hold office when the Minister reinstates\nor dismisses all of the suspended members under subsection (6).\n","sortOrder":326},{"sectionNumber":"319","sectionType":"section","heading":"General election for council under official management","content":"319 General election for council under official management\n(1) The Minister must, by Gazette notice, immediately call a general\nelection for the council if:\n(a) the Minister dismisses all of the suspended members from\noffice under section 318(6)(b); or\n(b) both of the following apply:\n(i) the Minister reinstates all of the suspended members\nunder section 318(6)(a);\n(ii) a periodic general election was scheduled to be held\nduring the period of official management in which the\ncouncil did not participate.\n(2) If the Minister does not make a decision mentioned in\nsection 318(6) within 12 months after placing the council under\nofficial management, the Minister must, by Gazette notice, call a\ngeneral election for the council within 90 days of the expiry of the\n12 month period.\n(3) If a general election for a council is called by the Minister and is\nheld within 1 year before the date for a periodic general election\nunder section 135:\n(a) no further periodic general election for the area is to be held\non the later date; and\n\nLocal Government Act 2019 178\n(b) the next periodic general election for the area is to be held on\nthe date on which it is scheduled to be held under\nsection 135(1), as if the general election for the council had\nnot been called by the Minister and a periodic general election\nhad been held in the ordinary course.\nNote for section 319\nUnder section 90(3) the first ordinary meeting of a council must be held within\n21 days after the conclusion of the general election.\n","sortOrder":327},{"sectionNumber":"320","sectionType":"section","heading":"Resignation of suspended member","content":"320 Resignation of suspended member\nIf a suspended member resigns during the suspension, the\nresignation:\n(a) if the member is reinstated – takes effect at the time of the\nreinstatement; or\n(b) if the member is dismissed – has no effect; or\n(c) if a general election is called by the Minister under\nsection 319(2) – takes effect at the conclusion of the general\n","sortOrder":328},{"sectionNumber":"321","sectionType":"section","heading":"Official manager","content":"321 Official manager\n(1) The official manager has full power to transact any business of the\ncouncil and to do anything else the council could have done but for\nthe suspension or dismissal of its members.\n(2) The official manager may act in the manager's own name, or in the\nname of the council, and may execute a document under the\ncommon seal of the council.\n(3) The official manager's remuneration and terms and conditions of\noffice are determined by the Minister.\n(4) The official manager's remuneration is payable from the funds of\n(5) The official manager ceases to hold office:\n(a) if the members of the council are reinstated; or\n(b) if the members of the council are dismissed from office – at\nthe conclusion of the general election for the council held\nunder section 319(1)(a); or\n(c) if a general election is called by the Minister under\nsection 319(2) – at the conclusion of the general election.\n\nLocal Government Act 2019 179\n","sortOrder":329},{"sectionNumber":"322","sectionType":"section","heading":"Reviewable decisions","content":"322 Reviewable decisions\n(1) A reviewable decision is a decision that is designated as\nreviewable:\n(a) by this Act (or a by-law under this Act); or\n(b) by resolution of the council.\n(2) A list setting out each category of reviewable decisions must be\naccessible on a council's website.\nNote for section 322\nThe following are designated by this Act as reviewable:\n(a) a decision in relation to the correction of an entry in the assessment record\nunder section 232(1) or 233(7);\n(b) a regulatory order under section 286;\n(c) a decision to refuse to suppress a person's details in publicly available\nmaterial under section 293(5).\n","sortOrder":330},{"sectionNumber":"323","sectionType":"section","heading":"Right to apply for review","content":"323 Right to apply for review\n(1) A person who is adversely affected by a reviewable decision may,\nwithin 28 days after the date of the decision, apply to the CEO for a\nreview of the decision.\n(2) The application must:\n(a) be made in writing; and\n(b) set out in detail the grounds on which the decision should, in\nthe applicant's opinion, be reconsidered.\n(3) The CEO may extend the period for making an application for\nreview if the CEO is satisfied that there are exceptional\ncircumstances justifying the extension.\n","sortOrder":331},{"sectionNumber":"324","sectionType":"section","heading":"Consideration of application by administrative review","content":"324 Consideration of application by administrative review\ncommittee\n(1) The CEO must, on receiving an application for review, refer the\napplication to a committee (an administrative review committee).\n\nLocal Government Act 2019 180\n(2) The administrative review committee may summarily reject an\napplication for review if satisfied that the application is frivolous,\nvexatious or lacking in substance.\n(3) If the administrative review committee summarily rejects an\napplication under subsection (2), the committee must give a\ndecision notice to the applicant as soon as practicable after making\nthe decision.\n(4) The administrative review committee:\n(a) must, unless it rejects the application under subsection (2),\ninquire into the matters raised by the application; and\n(b) must make a recommendation on the application to the\n(5) The recommendation may be:\n(a) to confirm the decision; or\n(b) to amend the decision; or\n(c) to revoke the decision; or\n(d) to make some further decision to mitigate the effect of the\ndecision.\n","sortOrder":332},{"sectionNumber":"325","sectionType":"section","heading":"Council's decision on recommendation","content":"325 Council's decision on recommendation\n(1) After receiving a recommendation from an administrative review\ncommittee, the council must make a final decision on the\n(2) The decision need not be consistent with the administrative review\ncommittee's recommendation.\n(3) The CEO must give a decision notice to the applicant as soon as\npracticable after the council makes a final decision on the\napplication, but no later than 90 days after receiving the application\nfor review under section 324(1).\n","sortOrder":333},{"sectionNumber":"326","sectionType":"section","heading":"No decision by council","content":"326 No decision by council\nIf the CEO does not give a decision notice to the applicant in\naccordance with section 325(3), the applicant may refer the\napplication to NTCAT.\n\nLocal Government Act 2019 181\n","sortOrder":334},{"sectionNumber":"327","sectionType":"section","heading":"Review by NTCAT","content":"327 Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (an NTCAT\nreviewable decision) specified in Schedule 2.\n(2) An affected person, for an NTCAT reviewable decision, is a\nperson specified in Schedule 2 for the decision.\n(3) An affected person for an NTCAT reviewable decision may apply to\nNTCAT for review of the decision.\nNote for section 327\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":335},{"sectionNumber":"328","sectionType":"section","heading":"Review does not affect decisions and orders","content":"328 Review does not affect decisions and orders\n(1) An application for review of an NTCAT reviewable decision to\nNTCAT does not suspend the operation of the decision.\n(2) However, NTCAT may make an order suspending an obligation\narising from a decision to which a review relates, or prohibiting\naction to give effect to the decision, until NTCAT makes its decision\non the matter.\n(3) Section 44(2) of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply to a review of a decision made\nunder this Act.\n\nLocal Government Act 2019 182\n","sortOrder":336},{"sectionNumber":"Part 19","sectionType":"part","heading":"1 Legal proceedings","content":"Part 19.1 Legal proceedings\n","sortOrder":337},{"sectionNumber":"329","sectionType":"section","heading":"Commencement of legal proceedings on behalf of council","content":"329 Commencement of legal proceedings on behalf of council\n(1) Subject to subsection (2), a council must not commence legal\nproceedings (including proceedings for an offence) unless as\nauthorised by resolution.\n(2) Legal proceedings may be commenced under subsection (1) in the\nname of a council by the CEO or some other person authorised by\nthe council to bring the proceedings on its behalf.\n(3) The following legal proceedings may be commenced in the\nabsence of a resolution of the council:\n(a) prosecution of an offence against a by-law;\n(b) debt recovery;\n(c) any other legal proceeding prescribed by regulation.\n(4) Proceedings for an offence against this Act may be commenced at\nany time within 3 years after the date on which the offence is\nalleged to have been committed.\n","sortOrder":338},{"sectionNumber":"330","sectionType":"section","heading":"Service of documents on council or local government","content":"330 Service of documents on council or local government\nA document may be served on a council or a local government\nsubsidiary:\n(a) by handing it to the CEO or chief executive personally; or\n(b) by emailing it to the CEO or chief executive; or\n(c) by leaving it at the council office or local government\nsubsidiary office with a member of the council's staff or local\ngovernment subsidiary's staff; or\n(d) by posting it to the council's postal address or local\ngovernment subsidiary's postal address; or\n\nLocal Government Act 2019 183\n(e) by serving the document in any other way notified on the\ncouncil's website or local government subsidiary's website as\na permissible way to serve the document.\n","sortOrder":339},{"sectionNumber":"331","sectionType":"section","heading":"Service of documents by council or local government","content":"331 Service of documents by council or local government\n(1) A notice, order or other document the council or local government\nsubsidiary is required or permitted to serve under this Act, may be\nserved:\n(a) personally on the person to whom it is addressed; or\n(b) by leaving it for the person at the person's place of residence,\nemployment or business; or\n(c) by posting it, addressed to the person, at the person's last\nknown place of residence, employment or business.\n(2) If a council or local government subsidiary serves a notice, order or\nother document on a person in the person's capacity as owner or\noccupier of land, it binds successors in title or successive occupiers\n(as the case requires).\n","sortOrder":340},{"sectionNumber":"332","sectionType":"section","heading":"Judicial notice to be taken of certain facts","content":"332 Judicial notice to be taken of certain facts\nA court is to take judicial notice of the following:\n(a) the existence of a municipality, shire or region and its\nboundaries;\n(b) the division of a municipality, shire or region into wards and\nthe boundaries of each ward;\n(c) the existence and membership of the council for each\nmunicipality, shire or region;\n(d) the election of members of the council;\n(e) the appointment and signature of the CEO.\n","sortOrder":341},{"sectionNumber":"333","sectionType":"section","heading":"Certified copies of minutes","content":"333 Certified copies of minutes\nThe following extracts are admissible in legal proceedings as\nevidence of proceedings and decisions to which the extract relates:\n(a) an extract from the minutes of a council or council committee\ncertified by the CEO;\n\nPart 19.4 Offences for unauthorised disclosure and misleading information\nLocal Government Act 2019 184\n(b) an extract from the minutes of a local government subsidiary\ncertified by the chief executive.\n","sortOrder":342},{"sectionNumber":"334","sectionType":"section","heading":"Evidence of land ownership","content":"334 Evidence of land ownership\nA certificate signed by the Registrar-General is admissible in legal\nproceedings as evidence of the ownership of an estate in fee\nsimple, or a leasehold estate, in land to which the certificate relates.\nPart 19.4 Offences for unauthorised disclosure and\nmisleading information\n","sortOrder":343},{"sectionNumber":"335","sectionType":"section","heading":"Offence to disclose certain information","content":"335 Offence to disclose certain information\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(e) the person is reckless in relation to the result and\ncircumstance mentioned in paragraph (d).\n(2) Strict liability applies to subsection (1)(a).\n\nPart 19.4 Offences for unauthorised disclosure and misleading information\nLocal Government Act 2019 185\n(3) If the information mentioned in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for section 335\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":344},{"sectionNumber":"336","sectionType":"section","heading":"Misleading information","content":"336 Misleading information\n(a) the person intentionally gives information to another person\n(the local government officer); and\n(b) the information is misleading and the person has knowledge of\nthat circumstance; and\n(c) the local government officer is acting in an official capacity and\nthe person has knowledge of that circumstance.\nMaximum penalty: 200 penalty units or imprisonment for\n(a) the person intentionally gives a document to the local\ngovernment officer; and\n(b) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(c) the local government officer is acting in an official capacity and\nthe person has knowledge of that circumstance.\nsubsection (2) if the person, when giving the document:\n(a) draws the misleading aspect of the document to the local\ngovernment officer's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe local government officer the information necessary to\nremedy the misleading aspect of the document.\n\nLocal Government Act 2019 186\nlocal government officer means:\n(a) a member of an audit committee, a council, a council\ncommittee or a local authority; or\n(b) a staff member of a council or a local government subsidiary;\nor\n(c) a CEO or a chief executive; or\n(d) an inspector; or\n(e) an official manager or investigator; or\n(f) an authorised person; or\n(g) a financial controller.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n(a) a person who is not a member of the staff of, but works for, or\nprovides services to, the council or local government\nsubsidiary on a contract basis; or\n(b) a person who works for the council or local government\nsubsidiary under an arrangement with a labour hire agency; or\n(c) a person (other than a member of the council, a local authority\nor a council committee) acting under powers of the council\nconferred by delegation.\n","sortOrder":345},{"sectionNumber":"337","sectionType":"section","heading":"Occupier entitled to carry out work on land","content":"337 Occupier entitled to carry out work on land\n(1) If an owner of land fails to carry out work on land that the owner is\nrequired under this Act to carry out, the occupier of the land may do\nso instead.\n(2) If the occupier of land carries out work under subsection (1), the\noccupier may recover the reasonable cost of doing so from the\nowner as a debt, or set off the amount against liabilities owed to the\nowner.\n\nLocal Government Act 2019 187\n","sortOrder":346},{"sectionNumber":"338","sectionType":"section","heading":"Owner entitled to enter land to carry out work","content":"338 Owner entitled to enter land to carry out work\n(1) An owner may, after reasonable notice to the occupier, enter land\nto carry out the work if:\n(a) the owner of land is required under this Act to carry out work\non land; and\n(b) the owner is not in occupation of the land.\n(a) the person is an occupier of the land; and\n(b) the occupier intentionally engages in conduct; and\n(c) the conduct results in the owner being obstructed from\nentering the land to carry out work required under this Act and\nthe person is reckless in relation to the result.\n(3) Strict liability applies to subsection (2)(a).\n","sortOrder":347},{"sectionNumber":"339","sectionType":"section","heading":"Certificates","content":"339 Certificates\n(1) A council must, on application by a person with a proper interest in\nland within the council's area, issue a certificate containing:\n(a) details of outstanding rates and charges due to the council in\nrelation to the land; and\n(b) details of statutory notices and orders issued by the council in\nrelation to the land.\n(2) If a person, acting on faith in the certificate, purchases land or lends\nmoney on mortgage over the land, the council is estopped as\nagainst that person from disputing the correctness of the certificate.\n(3) For this section, a person has a proper interest in land if the person\nis:\n(a) an owner or occupier of the land; or\n(b) a purchaser or prospective purchaser of the land; or\n(c) a mortgagee or prospective mortgagee of the land; or\n\nLocal Government Act 2019 188\n(d) a person acting for any of the above.\nPart 19.7 Acquisition on just terms\n","sortOrder":348},{"sectionNumber":"340","sectionType":"section","heading":"Acquisition on just terms","content":"340 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n","sortOrder":349},{"sectionNumber":"341","sectionType":"section","heading":"Approved forms","content":"341 Approved forms\nThe CEO of the Agency may approve forms for this Act.\n","sortOrder":350},{"sectionNumber":"342","sectionType":"section","heading":"Guidelines","content":"342 Guidelines\n(1) The Minister may make, amend or revoke guidelines for the\npurposes of this Act.\n(2) The guidelines must be published on the Agency's website.\n(3) The Minister must table guidelines in the Legislative Assembly\nwithin 6 sitting days after making them.\n(4) The guidelines are not subordinate legislation.\n","sortOrder":351},{"sectionNumber":"343","sectionType":"section","heading":"Regulations","content":"343 Regulations\n(1) The Administrator may make regulations under this Act.\nSee section 65 of the Interpretation Act 1978.\n(2) Without limiting subsection (1), a regulation may provide for the\n(a) provide for an offence against a regulation to be an offence of\nstrict or absolute liability;\n\nLocal Government Act 2019 189\n(b) apply, adopt or incorporate (with or without changes) the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time;\n(c) matters relating to methods or processes for determining a\nperson's entitlement to vote at an election or a poll of electors\nunder section 138(b);\n(d) matters relating to how a person who is entitled to vote at an\nelection or a poll of electors under section 138(b) may vote at\nthe election or poll.\n(3) The regulations may:\n(a) make different provision in relation to:\n(i) different persons or matters; or\n(ii) different classes of persons or matters; and\n(b) apply differently by reference to stated exceptions or factors.\n\nLocal Government Act 2019 190\n","sortOrder":352},{"sectionNumber":"344","sectionType":"section","heading":"Acts repealed","content":"344 Acts repealed\nThe Acts specified in Schedule 4 are repealed.\n\nLocal Government Act 2019 191\n","sortOrder":353},{"sectionNumber":"Part 1","sectionType":"part","heading":"Transitional matters for Local Government","content":"Part 1 Transitional matters for Local Government\nAct 2019\n","sortOrder":354},{"sectionNumber":"345","sectionType":"section","heading":"Definitions","content":"345 Definitions\nIn this Chapter:\ncommencement means the commencement of the new Act.\nLGANT means the Local Government Association of the Northern\nTerritory, continued under section 346.\nnew Act means the Local Government Act 2019.\nformer Act means the Local Government Act 2008, as in force\nimmediately before the commencement.\nrepealed, in relation to a section, means the section of the former\nAct as in force immediately before the commencement.\n","sortOrder":355},{"sectionNumber":"346","sectionType":"section","heading":"Continuation of LGANT","content":"346 Continuation of LGANT\n(1) The Local Government Association of the Northern Territory\ncontinues under the new Act as if section 242 of the former Act had\nnot been repealed:\n(a) for 12 months from the commencement; or\n(b) for the period prescribed by the regulations.\n(2) All property, rights, liabilities and obligations of LGANT are taken to\nbe the property, rights, liabilities and obligations of the prescribed\ncorporation on the date specified by the Minister by Gazette notice.\n","sortOrder":356},{"sectionNumber":"347","sectionType":"section","heading":"LGANT in formation of local government subsidiary","content":"347 LGANT in formation of local government subsidiary\n(1) Subsection (2) applies if LGANT participated with a council or 2 or\nmore councils in the formation of a local government subsidiary\nunder repealed section 27(3) before the commencement.\n(2) LGANT continues to participate with the council or councils to form\nthe local government subsidiary after the commencement, and a\nreference in the new Act to a council or constituent council extends\nto LGANT.\n\nLocal Government Act 2019 192\n(3) The prescribed corporation is to participate with the council or\ncouncils to form the local government subsidiary after the expiry of\nthe period referred to in section 346(1) of the new Act, and a\nreference in the new Act to a council or constituent council extends\nto the prescribed corporation.\n","sortOrder":357},{"sectionNumber":"348","sectionType":"section","heading":"Continuation of existing councils and by-laws","content":"348 Continuation of existing councils and by-laws\n(1) The councils and local government areas for municipalities and\nshires are continued, as constituted immediately before the\n(2) The name of a council mentioned in subsection (1) immediately\nbefore the commencement is the same immediately after\n(3) The members of the council in office immediately before the\ncommencement continue in office until the next general election for\n(4) The title of the principal member of the council under repealed\nsection 42 is the same immediately after the commencement.\n(5) The by-laws of a council that continues under subsection (1) in\nforce immediately before the commencement continue in force for\nthe council subject to variation or revocation by by-laws made\nunder the new Act.\n(6) Anything done by a council after the enactment but before the\ncommencement of the new Act, and in accordance with its\nprovisions, is validly done despite any conflict with the provisions of\nthe former Act.\n(7) Subsection (2) does not prevent the Administrator or the Minister\nfrom changing the name of a council under section 16(1)(h) of the\n","sortOrder":358},{"sectionNumber":"349","sectionType":"section","heading":"Regional councils taken to be local government councils","content":"349 Regional councils taken to be local government councils\n(1) A regional council constituted for a region before the\ncommencement is taken to be a local government council\nconstituted for a region under section 15 of the new Act.\n(2) The name of a council mentioned in subsection (1) immediately\nbefore the commencement is the same immediately after\n(3) The members of the council in office immediately before the\ncommencement continue in office until the next general election for\n\nLocal Government Act 2019 193\n(4) The title of the principal member of the council under repealed\nsection 42 is the same immediately after the commencement.\n(5) The by-laws of a council mentioned in subsection (1) in force\nimmediately before the commencement continue in force for the\nrespective local government council, subject to variation or\nrevocation by by-laws made under the new Act.\n(6) Anything done by a council after the enactment but before the\ncommencement of the new Act, and in accordance with its\nprovisions, is validly done despite any conflict with the provisions of\nthe former Act.\n(7) Subsection (2) does not prevent the Administrator or the Minister\nfrom changing the name of a council under section 16(1)(h) of the\n","sortOrder":359},{"sectionNumber":"350","sectionType":"section","heading":"Contents of municipal, regional or shire plan","content":"350 Contents of municipal, regional or shire plan\nDespite section 28 of the new Act, a municipal, regional or shire\nplan for a council must contain the matters mentioned in repealed\nsection 23(1)(c) and (2) until the first general election after the\n","sortOrder":360},{"sectionNumber":"351","sectionType":"section","heading":"Local government subsidiaries","content":"351 Local government subsidiaries\nA local government subsidiary formed under repealed section 27 is\ntaken to be a local government subsidiary under section 67 of the\n","sortOrder":361},{"sectionNumber":"352","sectionType":"section","heading":"Formation, ownership or participation in other bodies","content":"352 Formation, ownership or participation in other bodies\ncorporate before the commencement\n(1) Subsection (2) applies if, before the commencement, a council\nformed or otherwise participated in a corporation, partnership or\nother trading body under the former Act.\n(2) After the commencement, the council is taken to form or otherwise\nparticipate in that corporation, partnership or other trading body as\nif the council had approval from the Minister under section 39 of the\n","sortOrder":362},{"sectionNumber":"353","sectionType":"section","heading":"Continuation of allowances and expenses","content":"353 Continuation of allowances and expenses\nRepealed sections 71 and 72, and the guidelines made under\nrepealed section 71(2), continue in force after the commencement\nuntil the Remuneration Tribunal makes a determination under\nsection 7B of the Assembly Members and Statutory Officers\n\nLocal Government Act 2019 194\n","sortOrder":363},{"sectionNumber":"354","sectionType":"section","heading":"Conflict of interest if interest relates to allowances or","content":"354 Conflict of interest if interest relates to allowances or\nexpenses\n(1) Subsection (2) applies if, after the commencement:\n(a) a member has a conflict of interest in a question arising for\ndecision by the council; and\n(b) the interest is an interest in a question about the level of\nallowances or expenses to be set for members; and\n(c) the Remuneration Tribunal has not made a determination\nunder section 7B of the Assembly Members and Statutory\nOfficers (Remuneration and Other Entitlements) Act 2006 in\nrelation to the members of the council.\n(2) Repealed section 73(2)(a) continues to apply to the interest until the\nRemuneration Tribunal makes the determination.\n","sortOrder":364},{"sectionNumber":"355","sectionType":"section","heading":"Preservation of local government functions of Nhulunbuy","content":"355 Preservation of local government functions of Nhulunbuy\nCorporation Limited\n(1) Subject to this section:\n(a) the Nhulunbuy Corporation Limited continues to have the\nsame local government functions as it had under the former\nAct immediately before the commencement; and\n(b) the Nhulunbuy (Animal Control) By-laws 1998 continue in\nforce (subject to amendment or revocation under the new Act)\nas by-laws under the new Act; and\n(c) the new Act applies to the Nhulunbuy Corporation Limited, in\nrelation to its performance of local government functions as if\nit were a council for a shire constituted under the new Act.\n(2) The Nhulunbuy Corporation Limited has the same functions as that\nof a council under the new Act.\n(3) The Minister may, by Gazette notice:\n(a) withdraw functions from, or add to or modify the local\ngovernment functions of, the Nhulunbuy Corporation Limited\ncontinued under this section; or\n(b) modify the operation of the new Act in its application to the\nNhulunbuy Corporation Limited.\n\nLocal Government Act 2019 195\n","sortOrder":365},{"sectionNumber":"356","sectionType":"section","heading":"Annual review of plans","content":"356 Annual review of plans\n(1) This section applies in relation to a council's municipal, regional or\nshire plan.\n(2) Repealed section 24 applies to the plan for the financial year in\nwhich the new Act commences.\n(3) Section 35 of the new Act applies to the plan for the financial year\nafter the commencement.\n","sortOrder":366},{"sectionNumber":"357","sectionType":"section","heading":"Local authorities","content":"357 Local authorities\n(1) This section applies to:\n(a) the members of a regional council and the principal member of\nthe council that constitute a local authority under repealed\nsection 53C(1)(a) and (2) before the commencement; and\n(b) the members of the community or communities within a local\nauthority's area appointed by the council as members of a\nlocal authority under repealed section 53C(1)(b).\n(2) The members of the local government council for the ward in which\nthe local authority is located are taken to be appointed members of\nthe local authority under section 77(1)(a) of the new Act after the\n(3) The principal member of the local government council for the ward\nin which the local authority is located is taken to be an appointed\nmember of the local authority under section 77(1)(a) of the new Act\nafter the commencement.\n(4) The members of the community or communities within the local\ngovernment authority's area appointed by the council are taken to\nbe appointed by the council as members of the local authority under\nsection 77(1)(b) of the new Act after the commencement.\n","sortOrder":367},{"sectionNumber":"358","sectionType":"section","heading":"Complaints of breach of code of conduct","content":"358 Complaints of breach of code of conduct\n(1) This section applies if a person lodged a complaint under repealed\nsection 79 before the commencement.\n(2) Chapter 7, Part 7.4, Division 2 and Part 7.5 of the former Act\ncontinues to apply in relation to the complaint.\n(3) The new Act applies if a person lodges a complaint under\nsection 120 of the new Act after the commencement.\n\nLocal Government Act 2019 196\n(4) Subsection (3) applies irrespective of whether the alleged breach of\nthe code of conduct that is the subject of the complaint occurred\nbefore or after the commencement.\n","sortOrder":368},{"sectionNumber":"359","sectionType":"section","heading":"Eligibility requirements for CEO, Deputy CEO and chief","content":"359 Eligibility requirements for CEO, Deputy CEO and chief\nexecutive\n(1) This section applies if a CEO, Deputy CEO or chief executive was\nappointed and entered into a contract of employment before the\n(2) Section 166 of the new Act does not apply to the CEO or Deputy\nCEO during the term of the CEO or Deputy CEO's contract of\n(3) Section 71 of the new Act does not apply to the chief executive\nduring the term of the chief executive's contract of employment.\n(4) However:\n(a) section 166 of the new Act applies to the CEO or Deputy CEO\nif the CEO or Deputy CEO is reappointed and enter into a\nrenewal of the CEO or Deputy CEO's contract of employment\nafter the commencement; and\n(b) section 71 of the new Act applies to the chief executive if the\nchief executive is reappointed and enters into a renewal of the\nchief executive's contract of employment after the\n","sortOrder":369},{"sectionNumber":"360","sectionType":"section","heading":"Long-term financial plan","content":"360 Long-term financial plan\n(1) This section applies in relation to a council's long-term financial\nplan.\n(2) Repealed section 126 continues to apply to the plan for the financial\nyear in which the new Act commences.\n(3) Section 200 of the new Act applies to the plan for and from the\nfinancial year after the commencement.\n","sortOrder":370},{"sectionNumber":"361","sectionType":"section","heading":"Land exempt from rates","content":"361 Land exempt from rates\n(1) This section applies if, before the commencement, land was\nexempt from rates under repealed section 144(1)(f).\n(2) Subject to subsection (3), the land continues to be exempt from\nrates under section 222 of the new Act after the commencement\nirrespective of whether the public benevolent institution or public\ncharity is registered with the Australian Charities and Not-for-profits\n\nLocal Government Act 2019 197\nCommission established under the Australian Charities and Not-for-\nprofits Commission Act 2012 (Cth).\n(3) Subsection (2) only applies in the financial year in which the new\nAct commences.\n(4) Section 222 of the new Act applies to land exempt from rates for\nthe financial year after the financial year in which the new Act\ncommences.\n","sortOrder":371},{"sectionNumber":"362","sectionType":"section","heading":"Declaration of general rates","content":"362 Declaration of general rates\n(1) This section applies in relation to a council's declaration of general\nrates.\n(2) Repealed section 155 continues to apply to the declaration of\ngeneral rates for the financial year in which the new Act\ncommences.\n(3) Section 237 of the new Act applies to the declaration of general\nrates for the financial year after the financial year in which the new\nAct commences.\n","sortOrder":372},{"sectionNumber":"363","sectionType":"section","heading":"Official management of councils","content":"363 Official management of councils\n(1) Subsection (2) applies if a council is under official management\nunder repealed section 224 before the commencement.\n(2) The new Act applies to the official management of the council after\nthe commencement and, for section 318(6) of the new Act, the\n12 month period is taken to start from the date of the\n","sortOrder":373},{"sectionNumber":"364","sectionType":"section","heading":"Roads","content":"364 Roads\n(1) Any roads within the area of a council that were, immediately before\nthe commencement, vested in or under the care, control and\nmanagement of the Territory remain, at the commencement, vested\nin, or under the care, control and management of the Territory\ndespite Part 12.3 of the new Act.\n(2) Such a road continues to be vested in the Territory subject to:\n(a) any agreement between the Territory and the council to vest\nthe road in the council; or\n(b) any other proper dealing by the Territory with the road.\n\nLocal Government Act 2019 198\n","sortOrder":374},{"sectionNumber":"365","sectionType":"section","heading":"Adoption of policies by councils","content":"365 Adoption of policies by councils\n(1) Subject to this section, a council must adopt the following under the\nnew Act not later than 12 months after the commencement:\n(a) a policy for filling casual vacancies under section 54(3);\n(b) a policy for gifts and benefits under section 112(1);\n(c) a policy for contravention of the code of conduct under\nsection 121;\n(d) policies on human resource management under section 172;\n(e) a policy for allowances and any other benefits under\nsection 174;\n(f) a code of conduct for the CEO under section 175;\n(g) a policy for investment under section 194(3);\n(h) a policy for shared services under section 216;\n(i) a policy for the assessment record under section 230(5);\n(j) a policy for rates concessions under section 247(2).\n(2) However, if the council is required to act in accordance with a policy\nwithin the period mentioned in subsection (1), the council must\nadopt the policy before taking the action.\n(3) On the commencement, a council that adopted a policy under a\nrepealed section specified in the Table to this section before the\ncommencement is taken to have adopted the policy under the\ncorresponding section of the new Act if the policy has been adopted\nin accordance with the requirements of the new Act.\n(4) On the commencement, a council that adopted a policy mentioned\nin subsection (1) before the commencement is taken to have\nadopted the policy under the section of the new Act specified if the\npolicy has been adopted in accordance with the new Act.\nTable\nRepealed section Section of new Act\nPolicy for co-opting a person to fill\na casual vacancy under\nsection 39(5)\nPolicy for filling a casual vacancy\nunder section 54(2)\n\nLocal Government Act 2019 199\nRepealed section Section of new Act\nPolicy for authorising a council\nunder section 61(4)\nPolicy for authorising a member's\nattendance at a meeting by means\nof an audio or audiovisual\nconferencing system under\nsection 95(3)\nPolicy allowing the Chair of a\ncouncil meeting to exercise a\ncasting vote under section 61(6)\nPolicy allowing the chairperson of\na meeting to exercise a casting\nvote under section 95(5)\nPolicy for authorising a local\nauthority or council committee\nunder section 64(4)\nPolicy for authorising a local\nauthority or council committee\nunder section 98(3)\nCaretaker policy under\nsection 96A\nCaretaker policy under\nsection 161\nPrivacy policy under\nsection 130(3)\nPrivacy policy under\nsection 206(3)\n","sortOrder":375},{"sectionNumber":"366","sectionType":"section","heading":"Adoption of code of conduct and policies by local government","content":"366 Adoption of code of conduct and policies by local government\nsubsidiaries\nA local government subsidiary must adopt the following under the\nnew Act not later than 12 months after the commencement:\n(a) policies on human resource management under section 172;\n(b) a policy for allowances and any other benefits under\nsection 174;\n(c) a code of conduct for the chief executive and staff under\nsection 175;\n(d) a policy for investment under section 194(4);\n(e) a privacy policy under section 206(4).\n\nPart 3 Transitional matters for Local Government Legislation Amendment Act 2025\nLocal Government Act 2019 200\nPart 2 Transitional matters for Local Government\nLegislation Amendment (Remuneration)\nAct 2022\n","sortOrder":376},{"sectionNumber":"368","sectionType":"section","heading":"Local authority guidelines","content":"368 Local authority guidelines\nA guideline referred to in section 107 in force immediately before\nthe commencement of section 11 of the Local Government\nLegislation Amendment (Remuneration) Act 2022 continues in force\nas if it had been made under section 107(4) as in force after that\nPart 3 Transitional matters for Local Government\nLegislation Amendment Act 2025\n","sortOrder":377},{"sectionNumber":"369","sectionType":"section","heading":"Definition","content":"369 Definition\namending Act means the Local Government Legislation\nAmendment Act 2025.\n","sortOrder":378},{"sectionNumber":"370","sectionType":"section","heading":"Application of amendments related to prospective councils","content":"370 Application of amendments related to prospective councils\n(1) The amendments to section 19 of the Act made by section 5 of the\namending Act do not apply to a prospective council established\nbefore the commencement of section 5 of the amending Act.\n(2) Sections 19B and 19C do not apply to a prospective council\nestablished before the commencement of section 6 of the\namending Act.\n","sortOrder":379},{"sectionNumber":"371","sectionType":"section","heading":"Application of section 318","content":"371 Application of section 318\nThe amendments to section 318 made by section 28 of the\namending Act do not apply in relation to a council that is placed\nunder official management before the commencement of section 32\nof the amending Act.\n\nLocal Government Act 2019 201\nsection 119\n1 Honesty and integrity\nA member must act honestly and with integrity in performing official\nfunctions.\n2 Care and diligence\nA member must act with reasonable care and diligence in\nperforming official functions.\n3 Courtesy\nA member must act with courtesy towards other members, council\nstaff, electors and members of the public.\n4 Prohibition on bullying\nA member must not bully another person in the course of\nperforming official functions.\n5 Conduct towards council staff\nA member must not direct, reprimand, or interfere in the\nmanagement of, council staff.\n6 Respect for cultural diversity and culture\n6.1 A member must respect cultural diversity and must not therefore\ndiscriminate against others, or the opinions of others, on the ground\nof their cultural background.\n6.2 A member must act with respect for cultural beliefs and practices in\nrelation to other members, council staff, electors and members of\nthe public.\n7 Conflict of interest\n7.1 A member must avoid any conflict of interest, whether actual or\nperceived, when undertaking official functions and responsibilities.\n7.2 If a conflict of interest exists, the member must comply with any\nstatutory obligations of disclosure.\n\nLocal Government Act 2019 202\n8 Respect for confidences\n8.1 A member must respect the confidentiality of information obtained\nin confidence in the member's official capacity.\n8.2 A member must not make improper use of confidential information\nobtained in an official capacity to gain a private benefit or to cause\nharm to another.\n9 Gifts\n9.1 A member must not solicit, encourage or accept gifts or private\nbenefits from any person who might have an interest in obtaining a\nbenefit from the council.\n9.2 A member must not accept a gift from a person that is given in\nrelation to the person's interest in obtaining a benefit from the\n10 Accountability\nA member must be prepared at all times to account for the\nmember's performance as a member and the member's use of\ncouncil resources.\n11 Interests of municipality, region or shire to be paramount\n11.1 A member must act in what the member genuinely believes to be\nthe best interests of the municipality, region or shire.\n11.2 In particular, a member must seek to ensure that the member's\ndecisions and actions are based on an honest, reasonable and\nproperly informed judgment about what best advances the best\ninterests of the municipality, region or shire.\n12 Training\nA member must undertake relevant training in good faith.\n\n","sortOrder":380},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"NTCAT reviewable decisions and affected persons","content":"Schedule 2 NTCAT reviewable decisions and affected persons\nLocal Government Act 2019 203\nSchedule 2 NTCAT reviewable decisions and affected\npersons\nsection 327\nNTCAT reviewable decision Affected person\nA decision of the prescribed\ncorporation panel in relation to a\ncontravention of the code of\nconduct under section 127\nThe complainant and the\nrespondent mentioned in\nsection 120(1)\nA decision of the prescribed\ncorporation panel to summarily\nreject a complaint or an\napplication for consideration of a\ncomplaint under section 128(1)(b)\nThe complainant mentioned in\nsection 120(1)\nA decision of an administrative\nreview committee to summarily\nreject an application under\nsection 324(2)\nA decision from the review of a\nreviewable decision made by a\ncouncil under section 325(1)\nA reviewable decision under\nsection 326\n\nLocal Government Act 2019 204\nsection 292\nThe council's draft and final\nmunicipal, regional or shire plans\n(section 34(2)).\nA draft plan must be available on\nthe website until the final plan is\nmade available on the website.\nA final plan need not be available\non the website after 3 years from\nthe last day of the period to which\nthe plan relates.\nThe constitution of a local\ngovernment subsidiary for which\nthe council is a constituent council\n(section 69).\nThe constitution need not be\navailable if:\n(a) 3 years have elapsed since\nthe day on which the\nsubsidiary ceased to exist;\nand\n(b) during the 3 years when the\nmaterial was available on\nthe website after the\nsubsidiary ceased to exist,\nthe material was\naccompanied by a note\nindicating the day on which\nthe subsidiary ceased to\nexist.\nThe notices and minutes of\nmeetings of the council, local\nauthorities, council committees\nand electors (sections 93(1),\n97(3), 102(2) and 103(3)).\nday on which the meeting was\nscheduled, or if later, was held.\nThe amounts of allowances\npayable by the council to its\nmembers and a statement of the\nexpenses to be paid to members\nunder this Act (sections 106(3)\nand 109).\nlast day of the relevant financial\nyear.\n\nLocal Government Act 2019 205\nThe register of annual returns of\ninterest, the register of declared\nconflicts and the register of\ndeclared gifts and benefits\n(section 117).\nconclusion of the next general\nelection after the entry was made.\nThe council's code of conduct\n(section 119(2)).\nThe council's budget and any\namended budget (section 203(4)\nand (5)).\nlast day of the financial year for\nwhich the budget or amended\nbudget was adopted.\nA notice in relation to conditionally\nrateable land (section 219(5)).\nduring which the notice was\npublished.\nNotice of the declaration of rates\nfor the current financial year\n(section 241(1)).\nduring which the notice was\npublished.\nNotice of the council's intention to\nsell land, by auction, for\nnon-payment of rates\n(section 260(4)).\navailable if the land has been sold\nor the sale has been cancelled.\nNotice of the council's assumption\nof the care, control and\nmanagement of land\n(section 264(4)).\nduring which the council published\nthe notice on the website.\nNotice of an application by the\ncouncil to the Supreme Court for\nvariation of a trust (see\nsection 266(5)) and notice of an\norder made on such an\napplication (section 266(7)).\nIf an order has been made, the\nmaterial need not be available\nafter 3 years from the last day of\nthe financial year during which the\norder was made.\n\nLocal Government Act 2019 206\nNotice of a proposed by-law the\ncouncil intends to make\n(section 278(1)).\navailable after the by-law is made\nor the proposed by-law is\ndefeated.\nEach by-law made or adopted by\nthe council (section 279(3)).\nThe council's annual reports\n(section 290(2)).\nlast day of the relevant financial\nyear.\nA list setting out each category of\nreviewable decisions\n(section 322(2)).\nAn invitation notice for\nnominations of candidates for an\nthe day that is 6 months\nbefore the election day for\nthe periodic general election\nnext following the election to\nwhich the material relates\n(see any other material\nprescribed by regulation);\nand\n\nLocal Government Act 2019 207\nA declaration of the results of an\nthe day that is 6 months\nbefore the election day for\nthe periodic general election\nnext following the election to\nwhich the material relates\n(see any other material\nprescribed by regulation);\nand\nA declaration of the names of the\nduly nominated candidates for an\nthe day on which the results\nof the election are declared;\nand\nA public notice of voting centres\nfor an election (any other material\nthe day on which the results\nof the election are declared;\nand\n\nLocal Government Act 2019 208\nsection 344\nLocal Government Act 2008 Act No. 12 of 2008\nLocal Government (Consequential\nAmendments) Act 2008\nAct No. 28 of 2008\nLocal Government Amendment Act 2013 Act No. 28 of 2013\nLocal Government Amendment (Restructuring)\nAct 2013\nAct No. 34 of 2013\nLocal Government Amendment Act 2014 Act No. 19 of 2014\nLocal Government Legislation Amendment\nAct 2015\nAct No. 8 of 2015\n\nLocal Government Act 2019 209\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nInterpretation Amendment Act 2021 (Act No. 28, 2021)\nAssent date 15 December 2021\nCommenced 1 January 2022 (s 2)\nJabiru Town Development Repeal Act 2021 (Act No. 29, 2021)\nAssent date 15 December 2021\nCommenced 16 December 2021 (s 2)\nLocal Government Legislation Amendment (Remuneration) Act 2022 (Act No. 4, 2022)\nAssent date 14 April 2022\nCommenced 15 April 2022 (s 2)\nBurial and Cremation Act 2022 (Act No. 16, 2022)\nAssent date 9 August 2022\nCommenced 28 November 2022 (Gaz , 2022, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\n\nLocal Government Act 2019 210\nLocal Government and Place Names Amendment Act 2024 (Act No. 2, 2024)\nAssent date 1 March 2024\nCommenced 2 March 2024 (s 2)\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pts 4 and 8: nc; pts 9 and 10: 1 July 2024 (s 2(3));\nrem: 25 May 2024 (s 2(1))\nLocal Government Legislation Amendment Act 2025 (Act No. 15, 2025)\nAssent date 6 June 2025\nCommenced 14 July 2025 (Gaz S45, 4 July 2025)\n3 LIST OF AMENDMENTS\ns 7 amd No. 15, 2021, s 4; No. 4, 2022, s 8; No. 16, 2022, s 214; No. 4, 2023,\ns 23; No. 15, 2025, s 4\ns 19 amd No. 15, 2025, s 5\nss 19A – 19C ins No. 15, 2025, s 6\ns 28 amd No. 15, 2025, s 7\ns 30 amd No. 15, 2021, s 5; No. 15, 2025, s 30\ns 31 amd No. 15, 2025, s 30\ns 32 amd No. 15, 2025, s 30\ns 35 amd No. 15, 2025, s 8\ns 37 amd No. 9, 2024, s 42\ns 40 amd No. 16, 2022, s 215\ns 54 amd No. 15, 2025, s 9\ns 55 amd No. 15, 2025, s 10\ns 56 amd No. 4, 2022, s 9\ns 58 amd No. 4, 2023, s 23\ns 65 amd No. 15, 2025, s 11\ns 78 amd No. 16, 2022, s 216\ns 81 amd No. 16, 2022, s 217\ns 93 amd No. 15, 2025, s 12\ns 97 amd No. 15, 2025, s 13\ns 100 amd No. 15, 2025, s 14\ns 103 amd No. 15, 2025, s 15\ns 106 amd No. 4, 2022, s 10\ns 107 sub No. 4, 2022, s 11\ns 108 rep No. 4, 2022, s 11\ns 136 amd No. 15, 2021, s 6; No. 15, 2025, s 16\ns 137 amd No. 15, 2021, s 7\ns 138 sub No. 15, 2021, s 8\ns 147 amd No. 15, 2021, s 9\ns 148 amd No. 15, 2021, s 10\ns 149 sub No. 15, 2021, s 11\ns 150 amd No. 15, 2021, s 12\ns 151 amd No. 15, 2021, s 13\ns 152 amd No. 15, 2021, s 14\ns 153 amd No. 15, 2021, s 15\ns 154 amd No. 15, 2021, s 16\ns 164 amd No. 15, 2025, s 17\ns 168 amd No. , 2022, s 218\ns 169 amd No. 15, 2025, s 18\ns 179 amd No. 15, 2021, s 17\ns 186 amd No. 15, 2021, s 18\ns 201 amd No. 15, 2025, s 30\n\nLocal Government Act 2019 211\ns 203 amd No. 15, 2025, s 19\ns 223 amd No. 26, 2020, s 3\ns 237 amd No. 15, 2025, s 20\ns 238 amd No. 15, 2025, s 21\ns 239 amd No. 15, 2025, s 22\ns 241 amd No. 15, 2025, s 23\ns 260 amd No. 15, 2025, s 24\nch 12\npt 12.2 amd No. 16, 2022, s 219\ns 269 sub No. 16, 2022, s 220\ns 274 amd No. 2, 2024, s 4\ns 278 amd No. 28, 2021, s 20; No. 15, 2025, s 25\ns 289 amd No. 16, 2022, s 221\ns 290 amd No. 15, 2025, s 26\ns 291 amd No. 15, 2021, s 19\ns 300 amd No. 15, 2025, s 27\ns 318 amd No. 15, 2025, s 28\ns 336 amd No. 15, 2021, s 20\ns 343 amd No. 15, 2021, s 21\ns 349 amd No. 29, 2021, s 10\ns 357 amd No. 15, 2021, s 22\ns 365 amd No. 15, 2021, s 23\nch 21 hdg sub No. 4, 2022, s 12\npt 1 hdg ins No. 4, 2022, s 12\ns 367 rep No. 39, 2019, s 367(6)\npt 2 hdg ins No. 4, 2022, s 13\ns 368 exp No. 39, 2019, s 371\nins No. 4, 2022, s 13\npt 3 hdg ins No. 15, 2025, s 29\nss 369 – 371 ins No. 15, 2025, s 29\nch 22 hdg exp No. 39, 2019, s 371\npt 22.1 hdg exp No. 39, 2019, s 371\ns 369 exp No. 39, 2019, s 371\npt 22.2 hdg exp No. 39, 2019, s 371\ns 370 exp No. 39, 2019, s 371\npt 22.3 hdg exp No. 39, 2019, s 371\ns 371 exp No. 39, 2019, s 371\nsch 3 amd No. 15, 2021, s 24\nsch 5 amd No. 15, 2021, s 25\nexp No. 39, 2019, s 371","sortOrder":381}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act as in force on 14 July 2025 has grown beyond a basic framework for local government into a detailed regulatory and supervisory regime. Since the original Local Government Act 2019, amendments and insertions have added: (a) stronger Territory‑level oversight tools — rectification orders (s 214), financial controllers (s 317) and official management powers (s 318) that allow the Agency and Minister to intervene in councils' operations; (b) expanded compliance and investigatory powers for inspectors (ss 294–306) and clearer reporting pathways to the ICAC and Minister (s 306); (c) more detailed election and donation‑disclosure rules (ch 8, ss 147–156) and offences for electoral interference (ss 162–164); (d) stricter constraints on commercial activities by councils (s 39) and tighter borrowing/security controls (ss 197–199); and (e) new procedural layers for conduct complaints and external review (ss 120–131, 127 and sch 2). These additions have shifted the balance toward central supervision and compliance enforcement, increasing the Act's regulatory reach compared with its original, more discretionary local governance emphasis."},"complexity_factors":["Length and scale: the Act in force contains approximately 371 sections and 4 schedules, covering formation, governance, finance, elections, enforcement and transition (full act structure visible in table of provisions).","Extensive definitions: a large interpretation section with dozens of defined terms (see s 7 plus definitions in ss 8–11 and cross‑references throughout).","Many cross‑references to other statutes and instruments: Electoral Act 2004, Valuation of Land Act 1963, Corporations Act 2001, Aboriginal Land Rights (NT) Act 1976, Burial and Cremation Act 2022, and regulations/guidelines (multiple parts, e.g. ch 8, ch 11, ss 69, 147, 343).","Nested conditional logic and exceptions: frequent 'if/then/unless' rules (e.g. delegation limits at s 40 with subsections 3–6; borrowing rules s 197 with multiple exceptions; rate recovery and sale of land ss 255–261).","Multiple decision pathways and actors: decisions allocated among councils, CEOs, Minister, Agency, prescribed corporation panels, NTCAT, inspectors, auditors and the Supreme Court (see ss 16, 19, 27, 127, 327, 302, 209, 199).","Transitional and amendment complexity: extensive transitional provisions in ch 21, and many post‑enactment amendments (noted in endnotes) creating versioning issues and differing application dates (see ss 369–371 and endnotes).","Numerous offences with mixed mens rea and strict liability: a broad set of criminal and civil penalties, some strict liability, across governance, elections, disclosure and obstruction (e.g. ss 49, 115, 154, 302–304, 335–336).","Significant administrative procedural requirements: public notice, consultation windows, publication and inspection rules (e.g. ss 278, 33–35, 93, 241–242, sch 3) increase operational steps and timing constraints.","Multiple review and appeal routes: internal administrative review committees, prescribed corporation panels and NTCAT reviews with overlapping jurisdictions and timetables (chs 7, 18 and sch 2)."],"plain_english_summary":"The Act creates the Northern Territory’s local government framework—constituting municipalities, regions and shires and setting councils’ legal form, powers, duties, governance rules, planning, budgets, elections, rates/finance and enforcement/oversight mechanisms.  \n\nIt affects councils, elected members, CEOs/staff, ratepayers and the Minister/Agency (plus electoral and tribunal bodies). It matters because it increases transparency and financial/accountability controls, centralises remedial powers for the Territory, and shifts compliance costs and decision constraints onto councils and ratepayers."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":809},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive local government framework. The 2025 amendments added procedural refinements (prospective councils, official management processes) and transitional provisions, but did not fundamentally expand beyond the original purpose of establishing and regulating local government in the Northern Territory."},"complexity_factors":["Extensive cross-referencing between Parts and Chapters (e.g., definitions in s.7 used throughout)","Multiple layers of delegated legislation (regulations, guidelines, by-laws)","Nested conditional logic (e.g., s.54 casual vacancy filling depends on timing before next election)","47+ defined terms in the interpretation section (s.7)","Complex transitional provisions spanning three separate amending Acts","Detailed procedural requirements with multiple steps and time limits (e.g., code of conduct complaints in Part 7.4)","Overlapping jurisdictions between councils, local government subsidiaries, local authorities and the Minister","Schedules containing substantive law (code of conduct, reviewable decisions, public information requirements)","Conditional rateability and complex rating calculations (Part 11)","Multiple review pathways (internal, NTCAT, prescribed corporation panels)"],"plain_english_summary":"This is the **Local Government Act 2019** for the **Northern Territory of Australia** — the main law that sets up and governs how local councils operate.\n\n**What it does:**\n- **Establishes the system of local government** — dividing the Territory into municipalities, regions and shires, each with its own elected council\n- **Creates councils as independent bodies** — each council is a separate legal entity (like a company) that can own property, enter contracts and be sued\n- **Sets out how councils make decisions** — through elected members, public meetings, committees and delegated officers\n- **Provides powers to raise money** — mainly through rates (property taxes) and charges for services\n- **Requires transparency and accountability** — public reporting, audited financial statements, registers of interests, and public access to meetings and documents\n- **Protects against corruption** — codes of conduct for members and staff, conflict of interest rules, and investigation powers\n- **Allows community involvement** — through local authorities (in regional areas), public submissions on plans and budgets, and meetings of electors\n\n**Who it affects:**\n- **Residents and ratepayers** — anyone living in or owning property in a council area\n- **Council members** — the elected representatives (Mayors, Presidents and ordinary members)\n- **Council staff** — led by a Chief Executive Officer (CEO)\n- **Local businesses and property owners** — who pay rates and interact with council services\n\n**Why it matters:**\nThis Act is the rulebook for how your local council operates — from fixing roads and collecting rubbish to planning for future development. It balances giving councils flexibility to serve their communities with strong checks and balances to prevent misuse of power and public money. It also recognises Aboriginal traditional owners' rights and requires councils to work in harmony with land rights legislation.\n\n**Key features:**\n- Councils must adopt 4-year **municipal, regional or shire plans** with budgets and service delivery commitments\n- **Rates** are the main funding source, with detailed rules about what land is rateable, how rates are calculated, and how unpaid rates can be recovered (including selling land in extreme cases)\n- **Strict ethical rules** — members must disclose conflicts of interest, can't use confidential information improperly, and can be removed from office for serious misconduct\n- **Elections every 4 years** — with compulsory voting, donation disclosure rules, and disputes handled by the Northern Territory Civil and Administrative Tribunal (NTCAT)\n- **Emergency powers** — the Minister can step in if a council is failing badly, including appointing an \"official manager\" to take over"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/local-government-act-2019","history":"/api/acts/local-government-act-2019/history","analysis":"/api/acts/local-government-act-2019/analysis","conflicts":"/api/acts/local-government-act-2019/conflicts","importantCases":"/api/acts/local-government-act-2019/important-cases","documents":"/api/acts/local-government-act-2019/documents"}}