{"id":"qld:sl-2012-0236","name":"Local Government Regulation 2012","slug":"local-government-regulation-2012","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"236 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175664,"registerId":"qld-qld:sl-2012-0236-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Local government areas, names and representation","content":"# Local government areas, names and representation","sortOrder":0},{"sectionNumber":"sec.3","sectionType":"section","heading":"What pt 1 is about","content":"### sec.3 What pt 1 is about\n\nFor section 8 (4) of the Act , this part—\ndescribes the boundaries of local government areas; and\ndescribes the boundaries of any divisions; and\nfixes the number of councillors for local governments and any divisions of local government areas; and\nnames local government areas; and\nclassifies local government areas as a city, town, shire or region.\n- (a) describes the boundaries of local government areas; and\n- (b) describes the boundaries of any divisions; and\n- (c) fixes the number of councillors for local governments and any divisions of local government areas; and\n- (d) names local government areas; and\n- (e) classifies local government areas as a city, town, shire or region.","sortOrder":1},{"sectionNumber":"sec.4","sectionType":"section","heading":"Names of local government areas","content":"### sec.4 Names of local government areas\n\nThe name of each local government area is mentioned in schedule 1 , column 1.\nA local government may be called either—\n‘Council of the …( insert City/Town/Shire/Region) of …( insert name of local government area)’; or\n‘… ( insert name of local government area) …( insert City/Town/Shire/Regional) Council’.\nAlso, a local government mentioned in schedule 2 may be called ‘…( insert name of local government area) …Aboriginal Shire Council’.\n(sec.4-ssec.1) The name of each local government area is mentioned in schedule 1 , column 1.\n(sec.4-ssec.2) A local government may be called either— ‘Council of the …( insert City/Town/Shire/Region) of …( insert name of local government area)’; or ‘… ( insert name of local government area) …( insert City/Town/Shire/Regional) Council’.\n(sec.4-ssec.3) Also, a local government mentioned in schedule 2 may be called ‘…( insert name of local government area) …Aboriginal Shire Council’.\n- (a) ‘Council of the …( insert City/Town/Shire/Region) of …( insert name of local government area)’; or\n- (b) ‘… ( insert name of local government area) …( insert City/Town/Shire/Regional) Council’.","sortOrder":2},{"sectionNumber":"sec.5","sectionType":"section","heading":"Classifications of local government areas","content":"### sec.5 Classifications of local government areas\n\nThe classification of each local government area is mentioned in schedule 1 , column 2.\nThe classifications of local government areas are—\ncity\ntown\nshire\nregion.\n(sec.5-ssec.1) The classification of each local government area is mentioned in schedule 1 , column 2.\n(sec.5-ssec.2) The classifications of local government areas are— city town shire region.\n- • city\n- • town\n- • shire\n- • region.","sortOrder":3},{"sectionNumber":"sec.6","sectionType":"section","heading":"Boundaries of local government areas and any divisions","content":"### sec.6 Boundaries of local government areas and any divisions\n\nThe boundaries of each local government area, and any divisions of the area, are shown on its area map mentioned in schedule 1 , column 3.\nTo remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of a local government area is part of the local government area.\nA watercourse includes a canal, lake or river.\nEach area map is identified by a map number marked on the map.\nThe department’s chief executive must ensure—\nthe department’s website states a place or places where a copy of the area maps may be inspected by the public; and\na copy of the area maps may be inspected by the public at the place or places; and\neach local government has a copy of its area map.\nEach local government must ensure the public may inspect a copy of its area map at the local government’s public office.\n(sec.6-ssec.1) The boundaries of each local government area, and any divisions of the area, are shown on its area map mentioned in schedule 1 , column 3.\n(sec.6-ssec.2) To remove any doubt, it is declared that any part of a watercourse, including the land below the high-water mark of the watercourse, that is within the boundary of a local government area is part of the local government area.\n(sec.6-ssec.3) A watercourse includes a canal, lake or river.\n(sec.6-ssec.4) Each area map is identified by a map number marked on the map.\n(sec.6-ssec.5) The department’s chief executive must ensure— the department’s website states a place or places where a copy of the area maps may be inspected by the public; and a copy of the area maps may be inspected by the public at the place or places; and each local government has a copy of its area map.\n(sec.6-ssec.6) Each local government must ensure the public may inspect a copy of its area map at the local government’s public office.\n- (a) the department’s website states a place or places where a copy of the area maps may be inspected by the public; and\n- (b) a copy of the area maps may be inspected by the public at the place or places; and\n- (c) each local government has a copy of its area map.","sortOrder":4},{"sectionNumber":"sec.7","sectionType":"section","heading":"Number of councillors for a local government and any divisions of the local government area","content":"### sec.7 Number of councillors for a local government and any divisions of the local government area\n\nThe total number of councillors for each local government area is mentioned in schedule 1 , column 5.\nThe number of councillors for each division of a local government area is mentioned in schedule 1 , column 4.\n(sec.7-ssec.1) The total number of councillors for each local government area is mentioned in schedule 1 , column 5.\n(sec.7-ssec.2) The number of councillors for each division of a local government area is mentioned in schedule 1 , column 4.","sortOrder":5},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Changing a local government area, name or representation","content":"# Changing a local government area, name or representation","sortOrder":6},{"sectionNumber":"ch.2-pt.2-div.1","sectionType":"division","heading":"Changing boundaries of a local government","content":"## Changing boundaries of a local government","sortOrder":7},{"sectionNumber":"sec.8","sectionType":"section","heading":"What div 1 is about","content":"### sec.8 What div 1 is about\n\nThis division prescribes, for section 19 (2) (c) of the Act , the other matters to be considered by the change commission if a proposed local government change relates to a change of the boundaries of a local government area.","sortOrder":8},{"sectionNumber":"sec.9","sectionType":"section","heading":"Communities of interest","content":"### sec.9 Communities of interest\n\nThe external boundaries of a local government area should be drawn in a way that has regard to communities of interest, including that the local government area should generally—\nreflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and\nhave a centre, or centres, of administration and service easily accessible to its population; and\nensure effective elected representation for residents and ratepayers; and\nhave external boundaries that—\ndo not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and\nsubject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and\ndo not dissect properties.\nThe water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.\n(sec.9-ssec.1) The external boundaries of a local government area should be drawn in a way that has regard to communities of interest, including that the local government area should generally— reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and have a centre, or centres, of administration and service easily accessible to its population; and ensure effective elected representation for residents and ratepayers; and have external boundaries that— do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and do not dissect properties.\n(sec.9-ssec.2) The water catchment principle is the principle that water catchment areas should generally be included in the local government area they service.\n- (a) reflect local communities, for example, the geographical pattern of human activities (where people live, work and engage in leisure activities), and the linkages between local communities; and\n- (b) have a centre, or centres, of administration and service easily accessible to its population; and\n- (c) ensure effective elected representation for residents and ratepayers; and\n- (d) have external boundaries that— (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and (iii) do not dissect properties.\n- (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and\n- (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and\n- (iii) do not dissect properties.\n- (i) do not divide local neighbourhoods or adjacent rural and urban areas with common interests or interdependencies, including, for example, economic, cultural and ethnic interests or interdependencies; and\n- (ii) subject to the water catchment principle—follow the natural geographical features and non-natural features separating different communities; and\n- (iii) do not dissect properties.","sortOrder":9},{"sectionNumber":"sec.10","sectionType":"section","heading":"Joint arrangements","content":"### sec.10 Joint arrangements\n\nRegard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of a local government area.\nA joint arrangement includes the following—\na joint local government;\na joint standing committee;\njoint action by agreement;\nthe joint exercise of local government jurisdiction or the joint operation of an activity, facility or service;\nan agreement on, or extension of, an activity, facility or service outside a local government area;\na contribution for the operation of an activity, facility or service outside a local government area;\nresource sharing by local governments;\nany other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .\n(sec.10-ssec.1) Regard should be had to whether or not a joint arrangement should be established instead of, or in combination with, a change to the external boundaries of a local government area.\n(sec.10-ssec.2) A joint arrangement includes the following— a joint local government; a joint standing committee; joint action by agreement; the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service; an agreement on, or extension of, an activity, facility or service outside a local government area; a contribution for the operation of an activity, facility or service outside a local government area; resource sharing by local governments; any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .\n- (a) a joint local government;\n- (b) a joint standing committee;\n- (c) joint action by agreement;\n- (d) the joint exercise of local government jurisdiction or the joint operation of an activity, facility or service;\n- (e) an agreement on, or extension of, an activity, facility or service outside a local government area;\n- (f) a contribution for the operation of an activity, facility or service outside a local government area;\n- (g) resource sharing by local governments;\n- (h) any other type of arrangement of a joint nature the change commission considers appropriate, including an arrangement not dealt with under the Act .","sortOrder":10},{"sectionNumber":"sec.11","sectionType":"section","heading":"Planning","content":"### sec.11 Planning\n\nThe external boundaries of a local government area should be drawn in a way that—\nhelps in—\nthe planning and development for the benefit of the local government area; and\nthe efficient and effective operation of its facilities, services and activities; and\nhas regard to existing and expected population growth.\n- (a) helps in— (i) the planning and development for the benefit of the local government area; and (ii) the efficient and effective operation of its facilities, services and activities; and\n- (i) the planning and development for the benefit of the local government area; and\n- (ii) the efficient and effective operation of its facilities, services and activities; and\n- (b) has regard to existing and expected population growth.\n- (i) the planning and development for the benefit of the local government area; and\n- (ii) the efficient and effective operation of its facilities, services and activities; and","sortOrder":11},{"sectionNumber":"sec.12","sectionType":"section","heading":"Resource base sufficiency","content":"### sec.12 Resource base sufficiency\n\nA local government should have a sufficient resource base—\nto be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and\nto be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.\n- (a) to be able to efficiently and effectively exercise its jurisdiction and operate facilities, services and activities; and\n- (b) to be flexible and responsive in the exercise of its jurisdiction and the operation of its activities, facilities and services.","sortOrder":12},{"sectionNumber":"ch.2-pt.2-div.2","sectionType":"division","heading":"Changing classification of a local government area","content":"## Changing classification of a local government area","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"Changing classification of a local government area","content":"### sec.13 Changing classification of a local government area\n\nThis section prescribes, for section 19 (2) (c) of the Act , the other matters to be considered by the change commission if a proposed local government change relates to a change of the classification of a local government area.\nThe criteria for a local government area to be declared a city are that—\nthe area is the centre of a region providing commercial, industrial, health and public sector services for the region; and\nthe area has, for the 3 years immediately before the declaration, had—\na population of at least 25,000; and\na population of at least 15,000 in its urban centre; and\na population density of at least 150 people for each square kilometre of its urban centre.\nThe criteria for a local government area to be declared a town are that the area does not meet the criteria for being declared a city but is urban in character.\nThe criterion for a local government area to be declared a shire is that the area is not urban in character.\nThe criterion for a local government area to be declared a region is that the area be created as a result of the amalgamation of 2 or more local government areas of any class.\n(sec.13-ssec.1) This section prescribes, for section 19 (2) (c) of the Act , the other matters to be considered by the change commission if a proposed local government change relates to a change of the classification of a local government area.\n(sec.13-ssec.2) The criteria for a local government area to be declared a city are that— the area is the centre of a region providing commercial, industrial, health and public sector services for the region; and the area has, for the 3 years immediately before the declaration, had— a population of at least 25,000; and a population of at least 15,000 in its urban centre; and a population density of at least 150 people for each square kilometre of its urban centre.\n(sec.13-ssec.3) The criteria for a local government area to be declared a town are that the area does not meet the criteria for being declared a city but is urban in character.\n(sec.13-ssec.4) The criterion for a local government area to be declared a shire is that the area is not urban in character.\n(sec.13-ssec.5) The criterion for a local government area to be declared a region is that the area be created as a result of the amalgamation of 2 or more local government areas of any class.\n- (a) the area is the centre of a region providing commercial, industrial, health and public sector services for the region; and\n- (b) the area has, for the 3 years immediately before the declaration, had— (i) a population of at least 25,000; and (ii) a population of at least 15,000 in its urban centre; and (iii) a population density of at least 150 people for each square kilometre of its urban centre.\n- (i) a population of at least 25,000; and\n- (ii) a population of at least 15,000 in its urban centre; and\n- (iii) a population density of at least 150 people for each square kilometre of its urban centre.\n- (i) a population of at least 25,000; and\n- (ii) a population of at least 15,000 in its urban centre; and\n- (iii) a population density of at least 150 people for each square kilometre of its urban centre.","sortOrder":14},{"sectionNumber":"ch.2-pt.2-div.3","sectionType":"division","heading":"Implementing particular local government changes","content":"## Implementing particular local government changes","sortOrder":15},{"sectionNumber":"sec.13A","sectionType":"section","heading":"What div 3 is about","content":"### sec.13A What div 3 is about\n\nThis division provides for the following—\nimplementing, under section 20 of the Act , local government changes relating to a change of the boundaries of a local government area;\nfacilitating the implementation of the local government changes mentioned in paragraph (a) .\ns 13A ins 2013 SL No. 86 s 5\n- (a) implementing, under section 20 of the Act , local government changes relating to a change of the boundaries of a local government area;\n- (b) facilitating the implementation of the local government changes mentioned in paragraph (a) .","sortOrder":16},{"sectionNumber":"sec.13B","sectionType":"section","heading":"Implementing local government changes relating to changes of the boundaries of local government areas","content":"### sec.13B Implementing local government changes relating to changes of the boundaries of local government areas\n\nSchedule 3 , part 1 implements the local government changes mentioned in it.\nSchedule 3 , part 2 makes provision for facilitating the implementation of each local government change mentioned in schedule 3 , part 1 .\ns 13B ins 2013 SL No. 86 s 5\n(sec.13B-ssec.1) Schedule 3 , part 1 implements the local government changes mentioned in it.\n(sec.13B-ssec.2) Schedule 3 , part 2 makes provision for facilitating the implementation of each local government change mentioned in schedule 3 , part 1 .","sortOrder":17},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Local laws","content":"# Local laws","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Local law register— Act , s 31","content":"### sec.14 Local law register— Act , s 31\n\nFor section 31 (1) of the Act , a local government’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect.\nA person may, on payment of a fee decided by the local government, request an extract or a certified copy of a local law from the register of its local laws.\nThe fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy.\nThe local government must publish the register of its local laws on its website.\n(sec.14-ssec.1) For section 31 (1) of the Act , a local government’s register of its local laws must contain, for each local law, the local law’s name, purposes and general effect.\n(sec.14-ssec.2) A person may, on payment of a fee decided by the local government, request an extract or a certified copy of a local law from the register of its local laws.\n(sec.14-ssec.3) The fee mentioned in subsection (2) must be no more than the reasonable cost of providing the extract or copy.\n(sec.14-ssec.4) The local government must publish the register of its local laws on its website.","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Anti-competitive provisions and review procedures","content":"### sec.15 Anti-competitive provisions and review procedures\n\nFor the Act , schedule 4 , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers.\nFor section 38 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines.\nThe competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department.\nA copy of the competition policy guidelines is available on the department’s website.\ns 15 sub 2013 SL No. 273 s 17\n(sec.15-ssec.1) For the Act , schedule 4 , definition anti-competitive provision , a provision is identified as creating a barrier to entry to a market or competition within a market if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers.\n(sec.15-ssec.2) For section 38 (1) of the Act , the procedures prescribed are the procedures mentioned in the competition policy guidelines.\n(sec.15-ssec.3) The competition policy guidelines is the document called ‘National Competition Policy Guidelines for conducting reviews on anti-competitive provisions in local laws’, version 1, made by the department. A copy of the competition policy guidelines is available on the department’s website.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":null,"content":"### Section sec.16\n\ns 16 om 2013 SL No. 273 s 17","sortOrder":21},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Business reform, including competitive neutrality","content":"# Business reform, including competitive neutrality","sortOrder":22},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"What pt 2 is about","content":"### sec.17 What pt 2 is about\n\nThis part is about reforming a local government’s significant business activity in accordance with the competitive neutrality principle.\nSee sections 43 and  44 of the Act .","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Reforming a significant business activity","content":"### sec.18 Reforming a significant business activity\n\nThe local government must identify and assess each new significant business activity for possible reform.\nIf the local government decides to reform the significant business activity, the reform must involve—\napplying full cost pricing to the activity; or\ncommercialising the activity; or\ncorporatising the activity by creating a corporatised business entity to conduct the activity.\n(sec.18-ssec.1) The local government must identify and assess each new significant business activity for possible reform.\n(sec.18-ssec.2) If the local government decides to reform the significant business activity, the reform must involve— applying full cost pricing to the activity; or commercialising the activity; or corporatising the activity by creating a corporatised business entity to conduct the activity.\n- (a) applying full cost pricing to the activity; or\n- (b) commercialising the activity; or\n- (c) corporatising the activity by creating a corporatised business entity to conduct the activity.","sortOrder":25},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Identifying significant business activities for reform","content":"## Identifying significant business activities for reform","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Thresholds for significant business activities— Act , s 43","content":"### sec.19 Thresholds for significant business activities— Act , s 43\n\nThis section prescribes, for section 43 (4) (b) of the Act , the threshold that a business activity must meet to be a significant business activity for a financial year (the current financial year ).\nIf the business activity is the provision of combined water and sewerage services, the threshold is 10,000 or more premises being connected to a water service as at 30 June of the financial year ending immediately before the current financial year.\nSee, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\nFor a business activity of a type other than the activity mentioned in subsection (2) , the threshold is expenditure of at least $9.7m for the financial year ending immediately before the current financial year.\nThe Minister must consult with LGAQ Ltd. about a proposed amendment to a threshold mentioned in this section.\nIn this section—\ncombined water and sewerage service means a service that is the supply of a water service and a sewerage service.\nsewerage service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\ns 19 amd 2013 SL No. 273 s 18 ; 2014 SL No. 290 s 18 ; 2015 SL No. 173 s 10 ; 2016 SL No. 217 s 6\nsub 2019 SL No. 39 s 9\n(sec.19-ssec.1) This section prescribes, for section 43 (4) (b) of the Act , the threshold that a business activity must meet to be a significant business activity for a financial year (the current financial year ).\n(sec.19-ssec.2) If the business activity is the provision of combined water and sewerage services, the threshold is 10,000 or more premises being connected to a water service as at 30 June of the financial year ending immediately before the current financial year. See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\n(sec.19-ssec.3) For a business activity of a type other than the activity mentioned in subsection (2) , the threshold is expenditure of at least $9.7m for the financial year ending immediately before the current financial year.\n(sec.19-ssec.4) The Minister must consult with LGAQ Ltd. about a proposed amendment to a threshold mentioned in this section.\n(sec.19-ssec.5) In this section— combined water and sewerage service means a service that is the supply of a water service and a sewerage service. sewerage service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Identifying significant business activities for report","content":"### sec.20 Identifying significant business activities for report\n\nThis section states the information that a local government must use to identify significant business activities in its annual report for a financial year (the current financial year ) under section 45 (b) of the Act .\nThe local government must use the following information—\nif the business activity is the provision of combined water and sewerage services—the information about the number of premises connected to a water service stated in the local government’s performance report for the financial year ending immediately before the current financial year;\nfor another business activity—the information presented to the local government’s budget meeting for the financial year ending immediately before the current financial year.\nIn this section—\nperformance report , of a local government, means a performance report given to the regulator by the local government under the Water Supply (Safety and Reliability) Act 2008 , section 142A .\ns 20 sub 2019 SL No. 39 s 9\n(sec.20-ssec.1) This section states the information that a local government must use to identify significant business activities in its annual report for a financial year (the current financial year ) under section 45 (b) of the Act .\n(sec.20-ssec.2) The local government must use the following information— if the business activity is the provision of combined water and sewerage services—the information about the number of premises connected to a water service stated in the local government’s performance report for the financial year ending immediately before the current financial year; for another business activity—the information presented to the local government’s budget meeting for the financial year ending immediately before the current financial year.\n(sec.20-ssec.3) In this section— performance report , of a local government, means a performance report given to the regulator by the local government under the Water Supply (Safety and Reliability) Act 2008 , section 142A .\n- (a) if the business activity is the provision of combined water and sewerage services—the information about the number of premises connected to a water service stated in the local government’s performance report for the financial year ending immediately before the current financial year;\n- (b) for another business activity—the information presented to the local government’s budget meeting for the financial year ending immediately before the current financial year.","sortOrder":28},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Full cost pricing","content":"## Full cost pricing","sortOrder":29},{"sectionNumber":"sec.21","sectionType":"section","heading":"What div 3 is about","content":"### sec.21 What div 3 is about\n\nThis division explains how a local government applies full cost pricing to a significant business activity as part of the reform of the activity.\nThis division applies whether the reform is done by—\nfull cost pricing; or\ncommercialisation; or\ncorporatisation.\nThis division expands on section 44 of the Act .\n(sec.21-ssec.1) This division explains how a local government applies full cost pricing to a significant business activity as part of the reform of the activity.\n(sec.21-ssec.2) This division applies whether the reform is done by— full cost pricing; or commercialisation; or corporatisation.\n(sec.21-ssec.3) This division expands on section 44 of the Act .\n- (a) full cost pricing; or\n- (b) commercialisation; or\n- (c) corporatisation.","sortOrder":30},{"sectionNumber":"sec.22","sectionType":"section","heading":"Full cost pricing","content":"### sec.22 Full cost pricing\n\nA local government applies full cost pricing to a significant business activity by charging for goods or services at the full cost of providing the goods or services, subject to the following—\nthe pricing provisions;\nthe removal of any competitive advantage or disadvantage, whenever possible and appropriate;\nif a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services.\nFor subsection (1) —\na local government applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and\nit is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service.\nA competitive advantage is an advantage a business entity conducting a significant business activity has over a private sector business because the local government owns the activity.\nFor example, a competitive advantage includes—\na financial advantage; and\na procedural advantage; and\na regulatory advantage.\nA business entity conducting a significant business activity has a financial advantage if the business entity—\nis exempt from paying a local government tax a private sector business must pay; or\nis charged a different government tax from the government tax a private sector business is charged; or\nis charged a lower rate of interest on a bank loan because the State guarantees the loan.\nA business entity conducting a significant business activity has a procedural advantage if the business entity—\ndoes not have to supply the same amount of information under a government approval process as a private sector business; or\ncan access more information for a government approval process than a private sector business can access.\nA business entity conducting a significant business activity has a regulatory advantage if the business entity is exempt (completely or partly) from a government approval process a private sector business must follow.\nA competitive disadvantage is a disadvantage a business entity conducting a significant business activity suffers over a private sector business because the local government owns the activity.\nFor example, a competitive disadvantage includes a community service obligation.\n(sec.22-ssec.1) A local government applies full cost pricing to a significant business activity by charging for goods or services at the full cost of providing the goods or services, subject to the following— the pricing provisions; the removal of any competitive advantage or disadvantage, whenever possible and appropriate; if a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services.\n(sec.22-ssec.2) For subsection (1) — a local government applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and it is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service.\n(sec.22-ssec.3) A competitive advantage is an advantage a business entity conducting a significant business activity has over a private sector business because the local government owns the activity.\n(sec.22-ssec.4) For example, a competitive advantage includes— a financial advantage; and a procedural advantage; and a regulatory advantage. A business entity conducting a significant business activity has a financial advantage if the business entity— is exempt from paying a local government tax a private sector business must pay; or is charged a different government tax from the government tax a private sector business is charged; or is charged a lower rate of interest on a bank loan because the State guarantees the loan. A business entity conducting a significant business activity has a procedural advantage if the business entity— does not have to supply the same amount of information under a government approval process as a private sector business; or can access more information for a government approval process than a private sector business can access. A business entity conducting a significant business activity has a regulatory advantage if the business entity is exempt (completely or partly) from a government approval process a private sector business must follow.\n(sec.22-ssec.5) A competitive disadvantage is a disadvantage a business entity conducting a significant business activity suffers over a private sector business because the local government owns the activity.\n(sec.22-ssec.6) For example, a competitive disadvantage includes a community service obligation.\n- (a) the pricing provisions;\n- (b) the removal of any competitive advantage or disadvantage, whenever possible and appropriate;\n- (c) if a competitive advantage or disadvantage can not be removed—the taking of the competitive advantage or disadvantage into account when pricing the goods or services.\n- (a) a local government applies full cost pricing to a significant business activity if the total projected revenue from providing all of the activity’s goods and services is enough to cover the projected total costs of conducting the activity; and\n- (b) it is not relevant whether the projected revenue from providing a particular good or service is enough to cover the projected costs incurred in providing that particular good or service.\n- (a) a financial advantage; and\n- (b) a procedural advantage; and\n- (c) a regulatory advantage.\n- • is exempt from paying a local government tax a private sector business must pay; or\n- • is charged a different government tax from the government tax a private sector business is charged; or\n- • is charged a lower rate of interest on a bank loan because the State guarantees the loan.\n- • does not have to supply the same amount of information under a government approval process as a private sector business; or\n- • can access more information for a government approval process than a private sector business can access.","sortOrder":31},{"sectionNumber":"sec.23","sectionType":"section","heading":"Cost of community service obligations","content":"### sec.23 Cost of community service obligations\n\nThis section applies when a local government is deciding what to charge for goods or services provided in conducting a significant business activity.\nThe cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity.\n(sec.23-ssec.1) This section applies when a local government is deciding what to charge for goods or services provided in conducting a significant business activity.\n(sec.23-ssec.2) The cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity.","sortOrder":32},{"sectionNumber":"sec.24","sectionType":"section","heading":"Community service obligations","content":"### sec.24 Community service obligations\n\nA community service obligation is an obligation the local government imposes on a business entity to do something that is not in the commercial interests of the business entity to do.\ngiving a price concession to a particular group of customers, including pensioners, seniors and students","sortOrder":33},{"sectionNumber":"sec.25","sectionType":"section","heading":"Taking account of government taxes","content":"### sec.25 Taking account of government taxes\n\nA commercialised business unit that is applying full cost pricing to a significant business activity must comply with the tax equivalents manual.\nThe tax equivalents manual is a manual, issued by the Treasurer, about how a local government must account for tax equivalents.\nA tax equivalent is an amount that is the equivalent to the advantage gained by a local government by not paying a tax the local government would be liable to pay if it were a private sector business.\nA tax includes any charge, duty, fee, levy or rate payable under an Act of the Commonwealth or the State, including the Act .\nThe tax equivalents manual may, for example, provide for—\nlodging tax returns; and\nassessing tax returns; and\nrulings, including the application of rulings about taxes imposed under a Commonwealth Act; and\nobjections and appeals against assessments and rulings; and\nthe appointment of tax assessors.\nThe Treasurer must table a copy of each amendment of the tax equivalents manual in the Legislative Assembly within 14 sitting days after the amendment is made.\n(sec.25-ssec.1) A commercialised business unit that is applying full cost pricing to a significant business activity must comply with the tax equivalents manual.\n(sec.25-ssec.2) The tax equivalents manual is a manual, issued by the Treasurer, about how a local government must account for tax equivalents.\n(sec.25-ssec.3) A tax equivalent is an amount that is the equivalent to the advantage gained by a local government by not paying a tax the local government would be liable to pay if it were a private sector business.\n(sec.25-ssec.4) A tax includes any charge, duty, fee, levy or rate payable under an Act of the Commonwealth or the State, including the Act .\n(sec.25-ssec.5) The tax equivalents manual may, for example, provide for— lodging tax returns; and assessing tax returns; and rulings, including the application of rulings about taxes imposed under a Commonwealth Act; and objections and appeals against assessments and rulings; and the appointment of tax assessors.\n(sec.25-ssec.6) The Treasurer must table a copy of each amendment of the tax equivalents manual in the Legislative Assembly within 14 sitting days after the amendment is made.\n- (a) lodging tax returns; and\n- (b) assessing tax returns; and\n- (c) rulings, including the application of rulings about taxes imposed under a Commonwealth Act; and\n- (d) objections and appeals against assessments and rulings; and\n- (e) the appointment of tax assessors.","sortOrder":34},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Commercialisation","content":"## Commercialisation","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"What div 4 is about","content":"### sec.26 What div 4 is about\n\nThis division is about the commercialisation of a significant business activity by a local government.\nThis involves the local government ensuring the significant business activity is conducted by a commercial business unit within the local government, as required under this division.\n(sec.26-ssec.1) This division is about the commercialisation of a significant business activity by a local government.\n(sec.26-ssec.2) This involves the local government ensuring the significant business activity is conducted by a commercial business unit within the local government, as required under this division.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Commercial business unit","content":"### sec.27 Commercial business unit\n\nAs part of the commercialisation of a significant business activity, a local government must—\nif the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or\nif the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit.\nA commercial business unit is a business unit that conducts business in accordance with the key principles of commercialisation.\n(sec.27-ssec.1) As part of the commercialisation of a significant business activity, a local government must— if the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or if the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit.\n(sec.27-ssec.2) A commercial business unit is a business unit that conducts business in accordance with the key principles of commercialisation.\n- (a) if the activity is being conducted by a business unit—convert the business unit to a commercial business unit; or\n- (b) if the activity is not being conducted by a business unit—create a commercial business unit and transfer the activity to the commercial business unit.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"What are the key principles of commercialisation","content":"### sec.28 What are the key principles of commercialisation\n\nThe key principles of commercialisation , for a commercial business unit, are—\nclarity of objectives, namely that the local government—\ngives the unit clear and non-conflicting objectives; and\nsets specific financial and non-financial performance targets for the significant business activity; and\nkeeps activities relating to local government policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and\nclearly identifies the nature and extent of the community service obligations the unit must perform; and\nsets performance targets for the unit’s community service obligations; and\nseparately costs the unit’s community service obligations; and\nappropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\nmanagement autonomy and authority, namely that—\nthe unit remains at arms-length to the local government in day-to-day operations; and\nthe local government gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and\nany directions the local government gives the unit to achieve non-commercial objectives are given in an open way; and\nthe unit uses its best endeavours to ensure the unit meets its performance targets; and\naccountability for performance, namely that—\nthe local government monitors the unit’s performance against the performance targets; and\nthe unit must generally be subject to the management framework of the local government; and\nthe unit complies with all laws the local government must comply with; and\ncompetitive neutrality, namely that the unit complies with the competitive neutrality principle by—\nremoving any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\npromoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n- (a) clarity of objectives, namely that the local government— (i) gives the unit clear and non-conflicting objectives; and (ii) sets specific financial and non-financial performance targets for the significant business activity; and (iii) keeps activities relating to local government policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and (iv) clearly identifies the nature and extent of the community service obligations the unit must perform; and (v) sets performance targets for the unit’s community service obligations; and (vi) separately costs the unit’s community service obligations; and (vii) appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\n- (i) gives the unit clear and non-conflicting objectives; and\n- (ii) sets specific financial and non-financial performance targets for the significant business activity; and\n- (iii) keeps activities relating to local government policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and\n- (iv) clearly identifies the nature and extent of the community service obligations the unit must perform; and\n- (v) sets performance targets for the unit’s community service obligations; and\n- (vi) separately costs the unit’s community service obligations; and\n- (vii) appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\n- (b) management autonomy and authority, namely that— (i) the unit remains at arms-length to the local government in day-to-day operations; and (ii) the local government gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and (iii) any directions the local government gives the unit to achieve non-commercial objectives are given in an open way; and (iv) the unit uses its best endeavours to ensure the unit meets its performance targets; and\n- (i) the unit remains at arms-length to the local government in day-to-day operations; and\n- (ii) the local government gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and\n- (iii) any directions the local government gives the unit to achieve non-commercial objectives are given in an open way; and\n- (iv) the unit uses its best endeavours to ensure the unit meets its performance targets; and\n- (c) accountability for performance, namely that— (i) the local government monitors the unit’s performance against the performance targets; and (ii) the unit must generally be subject to the management framework of the local government; and (iii) the unit complies with all laws the local government must comply with; and\n- (i) the local government monitors the unit’s performance against the performance targets; and\n- (ii) the unit must generally be subject to the management framework of the local government; and\n- (iii) the unit complies with all laws the local government must comply with; and\n- (d) competitive neutrality, namely that the unit complies with the competitive neutrality principle by— (i) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and (ii) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n- (i) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\n- (ii) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n- (i) gives the unit clear and non-conflicting objectives; and\n- (ii) sets specific financial and non-financial performance targets for the significant business activity; and\n- (iii) keeps activities relating to local government policy formulation, or that are of a regulatory nature, separate from the unit, wherever possible; and\n- (iv) clearly identifies the nature and extent of the community service obligations the unit must perform; and\n- (v) sets performance targets for the unit’s community service obligations; and\n- (vi) separately costs the unit’s community service obligations; and\n- (vii) appropriately compensates the unit for performing the community service obligations, and discloses details of the compensation to the public; and\n- (i) the unit remains at arms-length to the local government in day-to-day operations; and\n- (ii) the local government gives the unit autonomy in day-to-day operations, subject to overarching monitoring; and\n- (iii) any directions the local government gives the unit to achieve non-commercial objectives are given in an open way; and\n- (iv) the unit uses its best endeavours to ensure the unit meets its performance targets; and\n- (i) the local government monitors the unit’s performance against the performance targets; and\n- (ii) the unit must generally be subject to the management framework of the local government; and\n- (iii) the unit complies with all laws the local government must comply with; and\n- (i) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\n- (ii) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.","sortOrder":38},{"sectionNumber":"sec.29","sectionType":"section","heading":"Converting a business unit to a commercial business unit","content":"### sec.29 Converting a business unit to a commercial business unit\n\nA local government must make the decision to convert a business unit to a commercial business unit by resolution.\nA local government converts a business unit to a commercial business unit by changing the way in which the business unit is conducted to agree with the key principles of commercialisation.\n(sec.29-ssec.1) A local government must make the decision to convert a business unit to a commercial business unit by resolution.\n(sec.29-ssec.2) A local government converts a business unit to a commercial business unit by changing the way in which the business unit is conducted to agree with the key principles of commercialisation.","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Creating a commercial business unit","content":"### sec.30 Creating a commercial business unit\n\nA local government must make the decision to create a commercial business unit by resolution.\nThe decision may be made in the same resolution the local government makes to commercialise a significant business activity.\nA commercial business unit may be created to conduct more than 1 significant business activity.\n(sec.30-ssec.1) A local government must make the decision to create a commercial business unit by resolution.\n(sec.30-ssec.2) The decision may be made in the same resolution the local government makes to commercialise a significant business activity.\n(sec.30-ssec.3) A commercial business unit may be created to conduct more than 1 significant business activity.","sortOrder":40},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Code of competitive conduct","content":"## Code of competitive conduct","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"What div 5 is about","content":"### sec.31 What div 5 is about\n\nThis division is about the code of competitive conduct for section 47 of the Act .","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Elements of code of competitive conduct","content":"### sec.32 Elements of code of competitive conduct\n\nThe code of competitive conduct is all of the following—\nthe application of the competitive neutrality principle under section 33 ;\nthe pricing provisions;\nsections 34 and 35 about financial reporting;\nsections 36 and 37 about the treatment of community service obligations.\n- (a) the application of the competitive neutrality principle under section 33 ;\n- (b) the pricing provisions;\n- (c) sections 34 and 35 about financial reporting;\n- (d) sections 36 and 37 about the treatment of community service obligations.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Applying the competitive neutrality principle","content":"### sec.33 Applying the competitive neutrality principle\n\nIf a local government applies the code of competitive conduct to a business activity, the local government must apply the competitive neutrality principle to the business activity including, for example, by—\nremoving any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\npromoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\nHowever, subsection (3) applies if the local government conducting the business activity enjoys a net advantage over competitors, only because the local government is in competition with the private sector, that can not be eliminated to comply with the competitive neutrality principle.\nFor deciding charges to persons for goods or services provided in conducting the business activity, the individual advantages and disadvantages that make up the net advantage must be taken into account in deciding the required revenue under schedule 4 , section 2 .\ns 33 amd 2013 SL No. 86 s 6\n(sec.33-ssec.1) If a local government applies the code of competitive conduct to a business activity, the local government must apply the competitive neutrality principle to the business activity including, for example, by— removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.\n(sec.33-ssec.2) However, subsection (3) applies if the local government conducting the business activity enjoys a net advantage over competitors, only because the local government is in competition with the private sector, that can not be eliminated to comply with the competitive neutrality principle.\n(sec.33-ssec.3) For deciding charges to persons for goods or services provided in conducting the business activity, the individual advantages and disadvantages that make up the net advantage must be taken into account in deciding the required revenue under schedule 4 , section 2 .\n- (a) removing any competitive advantage or competitive disadvantage, wherever possible and appropriate; and\n- (b) promoting efficiency of the use of resources to ensure markets are not unnecessarily distorted.","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Estimated activity statement","content":"### sec.34 Estimated activity statement\n\nA local government’s budget must, for each business activity, contain an estimated activity statement.\nAn estimated activity statement is a document that states, for the business activity—\nthe estimated revenue that is payable to—\nthe local government; or\nanyone else; and\nthe estimated expenses, including all items taken into account under the pricing provisions (other than return on capital); and\nthe estimated surplus or deficit for the financial year; and\nif community service obligations are to be carried out during the business activity—\na description of the nature of the community service obligations; and\nthe estimated cost of performing the community service obligations, less the estimated revenue for the community service obligations.\nAn estimated activity statement may contain a summary of the information mentioned in subsection (2) , instead of a full statement of the information, if—\nthe estimated activity statement states it is a summary only and that a full statement of the information may be—\ninspected or purchased at the local government’s public office; and\ninspected on the local government’s website; and\na full statement of the information can be—\ninspected or purchased at the local government’s public office; and\ninspected on the local government’s website.\nThe price for purchasing a full statement of the information must be no more than the reasonable cost to the local government of making the statement available for purchase.\n(sec.34-ssec.1) A local government’s budget must, for each business activity, contain an estimated activity statement.\n(sec.34-ssec.2) An estimated activity statement is a document that states, for the business activity— the estimated revenue that is payable to— the local government; or anyone else; and the estimated expenses, including all items taken into account under the pricing provisions (other than return on capital); and the estimated surplus or deficit for the financial year; and if community service obligations are to be carried out during the business activity— a description of the nature of the community service obligations; and the estimated cost of performing the community service obligations, less the estimated revenue for the community service obligations.\n(sec.34-ssec.3) An estimated activity statement may contain a summary of the information mentioned in subsection (2) , instead of a full statement of the information, if— the estimated activity statement states it is a summary only and that a full statement of the information may be— inspected or purchased at the local government’s public office; and inspected on the local government’s website; and a full statement of the information can be— inspected or purchased at the local government’s public office; and inspected on the local government’s website.\n(sec.34-ssec.4) The price for purchasing a full statement of the information must be no more than the reasonable cost to the local government of making the statement available for purchase.\n- (a) the estimated revenue that is payable to— (i) the local government; or (ii) anyone else; and\n- (i) the local government; or\n- (ii) anyone else; and\n- (b) the estimated expenses, including all items taken into account under the pricing provisions (other than return on capital); and\n- (c) the estimated surplus or deficit for the financial year; and\n- (d) if community service obligations are to be carried out during the business activity— (i) a description of the nature of the community service obligations; and (ii) the estimated cost of performing the community service obligations, less the estimated revenue for the community service obligations.\n- (i) a description of the nature of the community service obligations; and\n- (ii) the estimated cost of performing the community service obligations, less the estimated revenue for the community service obligations.\n- (i) the local government; or\n- (ii) anyone else; and\n- (i) a description of the nature of the community service obligations; and\n- (ii) the estimated cost of performing the community service obligations, less the estimated revenue for the community service obligations.\n- (a) the estimated activity statement states it is a summary only and that a full statement of the information may be— (i) inspected or purchased at the local government’s public office; and (ii) inspected on the local government’s website; and\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website; and\n- (b) a full statement of the information can be— (i) inspected or purchased at the local government’s public office; and (ii) inspected on the local government’s website.\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website.\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website; and\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website.","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"Activity statement","content":"### sec.35 Activity statement\n\nA local government’s annual financial statements must contain, for each business activity, an activity statement.\nAn activity statement is a document that states—\nthe revenue from goods and services provided to the local government in conducting the business activity; and\nthe revenue from goods and services provided to persons other than the local government in conducting the business activity; and\nthe expenses for the business activity, including all items required to be taken into account under the pricing provisions (other than return on capital); and\nthe surplus or deficit for the financial year; and\nif community service obligations were carried on during the business activity—\na description of the nature of the community service obligations; and\nthe cost of carrying out the community service obligations, minus the revenue from the community service obligations.\nAn activity statement may contain a summary of the information mentioned in subsection (2) , instead of a full statement of the information, if—\nthe activity statement states it is a summary only and that a full statement of the information may be—\ninspected or purchased at the local government’s public office; and\ninspected on the local government’s website; and\na full statement of the information can be—\ninspected or purchased at the local government’s public office; and\ninspected on the local government’s website.\nThe price for purchasing a full statement of the information must be no more than the cost to the local government of making the statement available for purchase.\ns 35 amd 2013 SL No. 148 s 5\n(sec.35-ssec.1) A local government’s annual financial statements must contain, for each business activity, an activity statement.\n(sec.35-ssec.2) An activity statement is a document that states— the revenue from goods and services provided to the local government in conducting the business activity; and the revenue from goods and services provided to persons other than the local government in conducting the business activity; and the expenses for the business activity, including all items required to be taken into account under the pricing provisions (other than return on capital); and the surplus or deficit for the financial year; and if community service obligations were carried on during the business activity— a description of the nature of the community service obligations; and the cost of carrying out the community service obligations, minus the revenue from the community service obligations.\n(sec.35-ssec.3) An activity statement may contain a summary of the information mentioned in subsection (2) , instead of a full statement of the information, if— the activity statement states it is a summary only and that a full statement of the information may be— inspected or purchased at the local government’s public office; and inspected on the local government’s website; and a full statement of the information can be— inspected or purchased at the local government’s public office; and inspected on the local government’s website.\n(sec.35-ssec.4) The price for purchasing a full statement of the information must be no more than the cost to the local government of making the statement available for purchase.\n- (a) the revenue from goods and services provided to the local government in conducting the business activity; and\n- (b) the revenue from goods and services provided to persons other than the local government in conducting the business activity; and\n- (c) the expenses for the business activity, including all items required to be taken into account under the pricing provisions (other than return on capital); and\n- (d) the surplus or deficit for the financial year; and\n- (e) if community service obligations were carried on during the business activity— (i) a description of the nature of the community service obligations; and (ii) the cost of carrying out the community service obligations, minus the revenue from the community service obligations.\n- (i) a description of the nature of the community service obligations; and\n- (ii) the cost of carrying out the community service obligations, minus the revenue from the community service obligations.\n- (i) a description of the nature of the community service obligations; and\n- (ii) the cost of carrying out the community service obligations, minus the revenue from the community service obligations.\n- (a) the activity statement states it is a summary only and that a full statement of the information may be— (i) inspected or purchased at the local government’s public office; and (ii) inspected on the local government’s website; and\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website; and\n- (b) a full statement of the information can be— (i) inspected or purchased at the local government’s public office; and (ii) inspected on the local government’s website.\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website.\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website; and\n- (i) inspected or purchased at the local government’s public office; and\n- (ii) inspected on the local government’s website.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Cost of community service obligations","content":"### sec.36 Cost of community service obligations\n\nThis section applies when a local government is deciding what to charge for goods or services provided in conducting a business activity.\nThe cost of performing community service obligations, less any revenue received from carrying out those obligations, must be treated as revenue for the business activity.\n(sec.36-ssec.1) This section applies when a local government is deciding what to charge for goods or services provided in conducting a business activity.\n(sec.36-ssec.2) The cost of performing community service obligations, less any revenue received from carrying out those obligations, must be treated as revenue for the business activity.","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Particular roads activities not to include community service obligations","content":"### sec.37 Particular roads activities not to include community service obligations\n\nAn offer or competitive tender for a roads activity on a State-controlled road must not include community service obligations.","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Building certifying activity— Act , s 47","content":"### sec.38 Building certifying activity— Act , s 47\n\nAny business activity conducted by any of the following local governments is prescribed for section 47 (4) (b) of the Act —\nBundaberg Regional Council\nCairns Regional Council\nDouglas Shire Council\nFraser Coast Regional Council\nGladstone Regional Council\nGold Coast City Council\nGympie Regional Council\nIpswich City Council\nLivingstone Shire Council\nLogan City Council\nMackay Regional Council\nMareeba Shire Council\nMoreton Bay City Council\nNoosa Shire Council\nRedland City Council\nRockhampton Regional Council\nScenic Rim Regional Council\nSunshine Coast Regional Council\nTablelands Regional Council\nToowoomba Regional Council\nTownsville City Council\nWhitsunday Regional Council.\ns 38 amd 2013 SL No. 273 s 19 ; 2019 SL No. 39 s 10 ; 2023 SL No. 91 s 3\n- • Bundaberg Regional Council\n- • Cairns Regional Council\n- • Douglas Shire Council\n- • Fraser Coast Regional Council\n- • Gladstone Regional Council\n- • Gold Coast City Council\n- • Gympie Regional Council\n- • Ipswich City Council\n- • Livingstone Shire Council\n- • Logan City Council\n- • Mackay Regional Council\n- • Mareeba Shire Council\n- • Moreton Bay City Council\n- • Noosa Shire Council\n- • Redland City Council\n- • Rockhampton Regional Council\n- • Scenic Rim Regional Council\n- • Sunshine Coast Regional Council\n- • Tablelands Regional Council\n- • Toowoomba Regional Council\n- • Townsville City Council\n- • Whitsunday Regional Council.","sortOrder":49},{"sectionNumber":"sec.39","sectionType":"section","heading":"Prescribed business activities— Act , s 47","content":"### sec.39 Prescribed business activities— Act , s 47\n\nA business activity is prescribed for section 47 (7) of the Act for a financial year if the amount of current expenditure for the business activity for the previous financial year is $340,000 or more.\nThe amount of current expenditure for a business activity for a financial year is the total of the following amounts spent in conducting the activity for the year—\noperational costs;\nadministrative and overhead costs;\ncost of resources;\ndepreciation.\ns 39 amd 2013 SL No. 273 s 20 ; 2014 SL No. 290 s 19 ; 2015 SL No. 173 s 11 ; 2016 SL No. 217 s 7 ; 2019 SL No. 39 s 11\n(sec.39-ssec.1) A business activity is prescribed for section 47 (7) of the Act for a financial year if the amount of current expenditure for the business activity for the previous financial year is $340,000 or more.\n(sec.39-ssec.2) The amount of current expenditure for a business activity for a financial year is the total of the following amounts spent in conducting the activity for the year— operational costs; administrative and overhead costs; cost of resources; depreciation.\n- (a) operational costs;\n- (b) administrative and overhead costs;\n- (c) cost of resources;\n- (d) depreciation.","sortOrder":50},{"sectionNumber":"ch.3-pt.2-div.6","sectionType":"division","heading":"Water and sewerage services","content":"## Water and sewerage services","sortOrder":51},{"sectionNumber":"sec.40","sectionType":"section","heading":"What div 6 is about","content":"### sec.40 What div 6 is about\n\nThis division is about local governments achieving efficiency and sustainability in conducting relevant business activities.\nA relevant business activity of a local government is—\na significant business activity that is the provision of water or sewerage services; or\nan activity of a corporatised business entity that is the provision of water or sewerage services if the provision of the services was a significant business activity.\n(sec.40-ssec.1) This division is about local governments achieving efficiency and sustainability in conducting relevant business activities.\n(sec.40-ssec.2) A relevant business activity of a local government is— a significant business activity that is the provision of water or sewerage services; or an activity of a corporatised business entity that is the provision of water or sewerage services if the provision of the services was a significant business activity.\n- (a) a significant business activity that is the provision of water or sewerage services; or\n- (b) an activity of a corporatised business entity that is the provision of water or sewerage services if the provision of the services was a significant business activity.","sortOrder":52},{"sectionNumber":"sec.41","sectionType":"section","heading":"Full cost recovery for water and sewerage services","content":"### sec.41 Full cost recovery for water and sewerage services\n\nA local government conducting a relevant business activity must—\nconduct a 2-part charge assessment for the providing of water services; and\ndecide whether a 2-part charge is to be applied for water services; and\nif a 2-part charge is to be applied for water services—apply the charge in accordance with the decision; and\napply full cost recovery for water and sewerage services; and\nidentify and disclose cross-subsidies and community service obligations in the providing of water and sewerage services; and\ndisclose a class of consumers who are provided with water and sewerage services at an amount below full cost and the amount.\nA local government applies full cost recovery for a service if the estimated total revenue for the financial year is more than the estimated total costs of providing the service in the financial year.\nA 2-part charge assessment is an assessment of the cost effectiveness of the application of a 2-part charge for a business activity that is the provision of water services.\nA 2-part charge is a utility charge that is made up of the following 2 parts—\na fixed charge for using the infrastructure that supplies water to a person (a consumer ) who is liable to pay the charge;\na variable charge for using the water, based on the amount of water that is actually used by the consumer.\nThe total revenue includes revenue from performing community service obligations, less the cost of performing the obligations.\nThe total costs , of providing a service, include—\nthe operational costs of providing the service; and\na reasonable allocation of the administrative and overhead costs of conducting the local government’s business activities to which this section applies; and\nthe cost of resources used in providing the service, based on—\nif the resources have an identifiable cost—that cost; or\notherwise—the price at which the resources can be obtained on the open market on similar terms; and\ndepreciation of each asset used in providing the service, based on—\nthe depreciable amount for the asset, allocated over its useful life; or\nan amount the local government decides is appropriate in the circumstances; and\nthe return on the capital used in providing the service, based on a positive rate the local government decides.\nThe capital used in providing the service is the total value of the assets used for the service (using an accepted accounting method), less the liabilities attributable to the service.\n(sec.41-ssec.1) A local government conducting a relevant business activity must— conduct a 2-part charge assessment for the providing of water services; and decide whether a 2-part charge is to be applied for water services; and if a 2-part charge is to be applied for water services—apply the charge in accordance with the decision; and apply full cost recovery for water and sewerage services; and identify and disclose cross-subsidies and community service obligations in the providing of water and sewerage services; and disclose a class of consumers who are provided with water and sewerage services at an amount below full cost and the amount.\n(sec.41-ssec.2) A local government applies full cost recovery for a service if the estimated total revenue for the financial year is more than the estimated total costs of providing the service in the financial year.\n(sec.41-ssec.3) A 2-part charge assessment is an assessment of the cost effectiveness of the application of a 2-part charge for a business activity that is the provision of water services.\n(sec.41-ssec.4) A 2-part charge is a utility charge that is made up of the following 2 parts— a fixed charge for using the infrastructure that supplies water to a person (a consumer ) who is liable to pay the charge; a variable charge for using the water, based on the amount of water that is actually used by the consumer.\n(sec.41-ssec.5) The total revenue includes revenue from performing community service obligations, less the cost of performing the obligations.\n(sec.41-ssec.6) The total costs , of providing a service, include— the operational costs of providing the service; and a reasonable allocation of the administrative and overhead costs of conducting the local government’s business activities to which this section applies; and the cost of resources used in providing the service, based on— if the resources have an identifiable cost—that cost; or otherwise—the price at which the resources can be obtained on the open market on similar terms; and depreciation of each asset used in providing the service, based on— the depreciable amount for the asset, allocated over its useful life; or an amount the local government decides is appropriate in the circumstances; and the return on the capital used in providing the service, based on a positive rate the local government decides.\n(sec.41-ssec.7) The capital used in providing the service is the total value of the assets used for the service (using an accepted accounting method), less the liabilities attributable to the service.\n- (a) conduct a 2-part charge assessment for the providing of water services; and\n- (b) decide whether a 2-part charge is to be applied for water services; and\n- (c) if a 2-part charge is to be applied for water services—apply the charge in accordance with the decision; and\n- (d) apply full cost recovery for water and sewerage services; and\n- (e) identify and disclose cross-subsidies and community service obligations in the providing of water and sewerage services; and\n- (f) disclose a class of consumers who are provided with water and sewerage services at an amount below full cost and the amount.\n- (a) a fixed charge for using the infrastructure that supplies water to a person (a consumer ) who is liable to pay the charge;\n- (b) a variable charge for using the water, based on the amount of water that is actually used by the consumer.\n- (a) the operational costs of providing the service; and\n- (b) a reasonable allocation of the administrative and overhead costs of conducting the local government’s business activities to which this section applies; and\n- (c) the cost of resources used in providing the service, based on— (i) if the resources have an identifiable cost—that cost; or (ii) otherwise—the price at which the resources can be obtained on the open market on similar terms; and\n- (i) if the resources have an identifiable cost—that cost; or\n- (ii) otherwise—the price at which the resources can be obtained on the open market on similar terms; and\n- (d) depreciation of each asset used in providing the service, based on— (i) the depreciable amount for the asset, allocated over its useful life; or (ii) an amount the local government decides is appropriate in the circumstances; and\n- (i) the depreciable amount for the asset, allocated over its useful life; or\n- (ii) an amount the local government decides is appropriate in the circumstances; and\n- (e) the return on the capital used in providing the service, based on a positive rate the local government decides.\n- (i) if the resources have an identifiable cost—that cost; or\n- (ii) otherwise—the price at which the resources can be obtained on the open market on similar terms; and\n- (i) the depreciable amount for the asset, allocated over its useful life; or\n- (ii) an amount the local government decides is appropriate in the circumstances; and","sortOrder":53},{"sectionNumber":"ch.3-pt.2-div.7","sectionType":"division","heading":"Competitive neutrality complaints","content":"## Competitive neutrality complaints","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"What div 7 is about","content":"### sec.42 What div 7 is about\n\nThis division prescribes, for section 48 (4) of the Act , the process for resolving competitive neutrality complaints.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.43 Application of sdiv 2\n\nThis subdivision applies to a business activity, conducted by a business entity, to which the competitive neutrality principle applies.\nThe relevant local government for the business activity is—\nif the business entity conducting the activity is the local government—the local government; or\nif the business entity conducting the activity is a corporatised business entity—the local government that owns or controls the corporatised business entity.\n(sec.43-ssec.1) This subdivision applies to a business activity, conducted by a business entity, to which the competitive neutrality principle applies.\n(sec.43-ssec.2) The relevant local government for the business activity is— if the business entity conducting the activity is the local government—the local government; or if the business entity conducting the activity is a corporatised business entity—the local government that owns or controls the corporatised business entity.\n- (a) if the business entity conducting the activity is the local government—the local government; or\n- (b) if the business entity conducting the activity is a corporatised business entity—the local government that owns or controls the corporatised business entity.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Complaints management process","content":"### sec.44 Complaints management process\n\nThe complaints management process adopted by the relevant local government under section 306 applies to a competitive neutrality complaint in relation to the business entity.\ns 44 sub 2026 Act No. 5 s 114","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Making a complaint","content":"### sec.45 Making a complaint\n\nA person who wants to make a competitive neutrality complaint must make the complaint in writing to the relevant local government.\nThe complaint must contain—\ndetails of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and\ninformation that shows—\nthe person (the complainant ) is, or could be, in competition with the business entity; and\nhow the complainant is, or may be, adversely affected by the business entity’s alleged failure.\nSubsection (4) applies if—\nthe relevant local government makes a decision about the complaint; and\nthe complainant tells the local government that the complainant is not satisfied with the decision.\nThe relevant local government must give the following to the competition authority as soon as practicable—\nthe complaint;\nthe local government’s decision about the complaint and the reasons for the decision;\ninformation obtained from any investigation of the complaint.\nThe making of a complaint does not stop the business entity from conducting the business activity.\ns 45 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 115\n(sec.45-ssec.1) A person who wants to make a competitive neutrality complaint must make the complaint in writing to the relevant local government.\n(sec.45-ssec.2) The complaint must contain— details of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and information that shows— the person (the complainant ) is, or could be, in competition with the business entity; and how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n(sec.45-ssec.3) Subsection (4) applies if— the relevant local government makes a decision about the complaint; and the complainant tells the local government that the complainant is not satisfied with the decision.\n(sec.45-ssec.4) The relevant local government must give the following to the competition authority as soon as practicable— the complaint; the local government’s decision about the complaint and the reasons for the decision; information obtained from any investigation of the complaint.\n(sec.45-ssec.5) The making of a complaint does not stop the business entity from conducting the business activity.\n- (a) details of the business entity’s alleged failure to comply with the competitive neutrality principle in conducting the business activity the subject of the competitive neutrality complaint; and\n- (b) information that shows— (i) the person (the complainant ) is, or could be, in competition with the business entity; and (ii) how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n- (i) the person (the complainant ) is, or could be, in competition with the business entity; and\n- (ii) how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n- (i) the person (the complainant ) is, or could be, in competition with the business entity; and\n- (ii) how the complainant is, or may be, adversely affected by the business entity’s alleged failure.\n- (a) the relevant local government makes a decision about the complaint; and\n- (b) the complainant tells the local government that the complainant is not satisfied with the decision.\n- (a) the complaint;\n- (b) the local government’s decision about the complaint and the reasons for the decision;\n- (c) information obtained from any investigation of the complaint.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Competition authority must investigate and report on complaint","content":"### sec.46 Competition authority must investigate and report on complaint\n\nThe competition authority must, subject to this part, investigate and report on a competitive neutrality complaint received under section 45 .\ns 46 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Competition authority requiring further information","content":"### sec.47 Competition authority requiring further information\n\nThe competition authority may, by notice given to a complainant, require the complainant to give the competition authority further information about the complaint (the additional information ) within the reasonable period stated in the notice (the stated period ).\nHowever, the competition authority may only require additional information that is necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint.\nThe competition authority may refuse to investigate a complaint if the complainant fails, without reasonable excuse, to give the competition authority the additional information within the stated period.\ns 47 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.47-ssec.1) The competition authority may, by notice given to a complainant, require the complainant to give the competition authority further information about the complaint (the additional information ) within the reasonable period stated in the notice (the stated period ).\n(sec.47-ssec.2) However, the competition authority may only require additional information that is necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint.\n(sec.47-ssec.3) The competition authority may refuse to investigate a complaint if the complainant fails, without reasonable excuse, to give the competition authority the additional information within the stated period.","sortOrder":60},{"sectionNumber":"sec.48","sectionType":"section","heading":"Competition authority refusing to investigate","content":"### sec.48 Competition authority refusing to investigate\n\nThe competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that—\nthe complainant is not, or will not be, in competition with the relevant local government, after the competition authority considers—\nwhether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and\nthe laws relating to competition that apply to the business activity; or\nthe complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or\nthe complaint is frivolous or vexatious.\nIf the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days—\nthe complainant;\nthe relevant local government.\nA refusal notice is a document that states—\nthat the competition authority has refused to investigate the complaint; and\nthe reasons for the refusal.\ns 48 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6 ; 2026 Act No. 5 s 116\n(sec.48-ssec.1) The competition authority may refuse to investigate a competitive neutrality complaint if the competition authority reasonably believes that— the complainant is not, or will not be, in competition with the relevant local government, after the competition authority considers— whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and the laws relating to competition that apply to the business activity; or the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or the complaint is frivolous or vexatious.\n(sec.48-ssec.2) If the competition authority refuses to investigate the complaint, the competition authority must give each of the following a refusal notice within 14 days— the complainant; the relevant local government.\n(sec.48-ssec.3) A refusal notice is a document that states— that the competition authority has refused to investigate the complaint; and the reasons for the refusal.\n- (a) the complainant is not, or will not be, in competition with the relevant local government, after the competition authority considers— (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and (ii) the laws relating to competition that apply to the business activity; or\n- (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and\n- (ii) the laws relating to competition that apply to the business activity; or\n- (b) the complainant is not, or is unlikely to be, adversely affected if the business activity is not conducted in a way that complies with the competitive neutrality principle; or\n- (c) the complaint is frivolous or vexatious.\n- (i) whether the complainant is, or will be, supplying goods or services that are similar to the goods or services the business activity supplies; and\n- (ii) the laws relating to competition that apply to the business activity; or\n- (a) the complainant;\n- (b) the relevant local government.\n- (a) that the competition authority has refused to investigate the complaint; and\n- (b) the reasons for the refusal.","sortOrder":61},{"sectionNumber":"sec.49","sectionType":"section","heading":"Notice of intention to investigate","content":"### sec.49 Notice of intention to investigate\n\nBefore the competition authority starts to investigate a competitive neutrality complaint, the competition authority must give an investigation notice to—\nthe complainant; and\nthe relevant local government; and\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nThe competition authority may also give an investigation notice to another person the competition authority considers appropriate.\nAn investigation notice is a document that—\nstates the competition authority’s intention to investigate a competitive neutrality complaint; and\nstates the subject matter of the complaint, or has a copy of the complaint attached; and\ninvites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and\nstates a reasonable period within which the submissions may be made; and\nstates the competition authority’s address.\ns 49 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.49-ssec.1) Before the competition authority starts to investigate a competitive neutrality complaint, the competition authority must give an investigation notice to— the complainant; and the relevant local government; and if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.49-ssec.2) The competition authority may also give an investigation notice to another person the competition authority considers appropriate.\n(sec.49-ssec.3) An investigation notice is a document that— states the competition authority’s intention to investigate a competitive neutrality complaint; and states the subject matter of the complaint, or has a copy of the complaint attached; and invites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and states a reasonable period within which the submissions may be made; and states the competition authority’s address.\n- (a) the complainant; and\n- (b) the relevant local government; and\n- (c) if a corporatised business entity is conducting the business activity—the corporatised business entity.\n- (a) states the competition authority’s intention to investigate a competitive neutrality complaint; and\n- (b) states the subject matter of the complaint, or has a copy of the complaint attached; and\n- (c) invites the complainant to make written submissions or, if the competition authority approves, oral submissions about the matter; and\n- (d) states a reasonable period within which the submissions may be made; and\n- (e) states the competition authority’s address.","sortOrder":62},{"sectionNumber":"sec.50","sectionType":"section","heading":"Power to require certain information from relevant local government or corporatised business entity","content":"### sec.50 Power to require certain information from relevant local government or corporatised business entity\n\nWhen investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to—\nthe relevant local government; or\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nAn information requirement notice is a written notice that states the relevant local government or corporatised business entity is required to—\ngive the competition authority stated information relevant to the complaint within a stated period; or\nproduce a stated document relevant to the complaint to the competition authority at a stated time and place.\nThe relevant local government or corporatised business entity must comply with the notice unless—\nthe stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\ngiving the stated information or document to the competition authority is prohibited under an Act; or\ngiving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\nThe relevant local government or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.\ns 50 prev s 50 om 2015 Act No. 29 s 69 sch 2\npres s 50 ins 2021 Act No. 12 s 213\n(sec.50-ssec.1) When investigating a competitive neutrality complaint, the competition authority may give an information requirement notice to— the relevant local government; or if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.50-ssec.2) An information requirement notice is a written notice that states the relevant local government or corporatised business entity is required to— give the competition authority stated information relevant to the complaint within a stated period; or produce a stated document relevant to the complaint to the competition authority at a stated time and place.\n(sec.50-ssec.3) The relevant local government or corporatised business entity must comply with the notice unless— the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or giving the stated information or document to the competition authority is prohibited under an Act; or giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.\n(sec.50-ssec.4) The relevant local government or corporatised business entity is not liable for a breach of a contract, confidence or duty for giving the competition authority a copy of the stated information, or producing the stated document to the authority, in compliance with the notice.\n- (a) the relevant local government; or\n- (b) if a corporatised business entity is conducting the business activity—the corporatised business entity.\n- (a) give the competition authority stated information relevant to the complaint within a stated period; or\n- (b) produce a stated document relevant to the complaint to the competition authority at a stated time and place.\n- (a) the stated information or document is subject to legal professional privilege, parliamentary privilege or public interest immunity; or\n- (b) giving the stated information or document to the competition authority is prohibited under an Act; or\n- (c) giving the stated information or document to the competition authority could reasonably be expected to prejudice the investigation of a contravention, or possible contravention, of a law.","sortOrder":63},{"sectionNumber":"sec.51","sectionType":"section","heading":"Matters competition authority must consider when investigating","content":"### sec.51 Matters competition authority must consider when investigating\n\nThe competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint.\nThe following matters are the competitive neutrality criteria —\nthe need to ensure the competitive neutrality principle is complied with;\nany policies of the relevant local government about the competitive neutrality principle, including, for example—\ndirections the local government gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and\narrangements between the local government and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and\nsocial welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and\npolicies on economic and regional development issues, including, for example, policies on employment and investment growth;\npolicies of the relevant local government, or a law, about—\necologically sustainable development; or\nindustrial relations; or\noccupational health and safety;\nthe need to promote competition;\nthe need to allocate resources efficiently.\nSubsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint.\ns 51 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.51-ssec.1) The competition authority must consider the competitive neutrality criteria when investigating a competitive neutrality complaint.\n(sec.51-ssec.2) The following matters are the competitive neutrality criteria — the need to ensure the competitive neutrality principle is complied with; any policies of the relevant local government about the competitive neutrality principle, including, for example— directions the local government gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and arrangements between the local government and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and policies on economic and regional development issues, including, for example, policies on employment and investment growth; policies of the relevant local government, or a law, about— ecologically sustainable development; or industrial relations; or occupational health and safety; the need to promote competition; the need to allocate resources efficiently.\n(sec.51-ssec.3) Subsection (1) does not limit the matters the competition authority may consider when investigating a competitive neutrality complaint.\n- (a) the need to ensure the competitive neutrality principle is complied with;\n- (b) any policies of the relevant local government about the competitive neutrality principle, including, for example— (i) directions the local government gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and (ii) arrangements between the local government and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;\n- (i) directions the local government gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and\n- (ii) arrangements between the local government and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and\n- (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and\n- (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;\n- (c) policies of the relevant local government, or a law, about— (i) ecologically sustainable development; or (ii) industrial relations; or (iii) occupational health and safety;\n- (i) ecologically sustainable development; or\n- (ii) industrial relations; or\n- (iii) occupational health and safety;\n- (d) the need to promote competition;\n- (e) the need to allocate resources efficiently.\n- (i) directions the local government gives to the business entity conducting the business activity the subject of the competitive neutrality complaint; and\n- (ii) arrangements between the local government and the business entity about a competitive advantage gained, or competitive disadvantage suffered, by the business entity; and\n- (iii) social welfare and equity considerations, including, for example, community service obligations, and the availability of goods and services to consumers; and\n- (iv) policies on economic and regional development issues, including, for example, policies on employment and investment growth;\n- (i) ecologically sustainable development; or\n- (ii) industrial relations; or\n- (iii) occupational health and safety;","sortOrder":64},{"sectionNumber":"sec.52","sectionType":"section","heading":"Competition authority’s report on investigation","content":"### sec.52 Competition authority’s report on investigation\n\nThe competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to—\nthe relevant local government; and\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nThe report must state whether or not the competition authority considers the complaint has been substantiated.\nIf the competition authority decides the business entity has a competitive advantage, the report must include—\nrecommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and\nthe reasons for the recommendations; and\nfor a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.\nThe statutory building functions are the building functions under the Building Act or Planning Act that—\nonly a local government can provide; and\na building certifier under the Building Act relies on.\nproviding site or town planning information to a building certifier\nreceiving and processing documents from a building certifier\nIf the competition authority decides the business entity suffers a competitive disadvantage, the report must include—\nrecommendations on how the business entity can overcome the competitive disadvantage; and\nthe reasons for the recommendations; and\ncomments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.\ns 52 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.52-ssec.1) The competition authority must prepare a report on the results of the competition authority’s investigation of a competitive neutrality complaint, and give it to— the relevant local government; and if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.52-ssec.2) The report must state whether or not the competition authority considers the complaint has been substantiated.\n(sec.52-ssec.3) If the competition authority decides the business entity has a competitive advantage, the report must include— recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and the reasons for the recommendations; and for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.\n(sec.52-ssec.4) The statutory building functions are the building functions under the Building Act or Planning Act that— only a local government can provide; and a building certifier under the Building Act relies on. providing site or town planning information to a building certifier receiving and processing documents from a building certifier\n(sec.52-ssec.5) If the competition authority decides the business entity suffers a competitive disadvantage, the report must include— recommendations on how the business entity can overcome the competitive disadvantage; and the reasons for the recommendations; and comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.\n- (a) the relevant local government; and\n- (b) if a corporatised business entity is conducting the business activity—the corporatised business entity.\n- (a) recommendations on how the business entity can conduct the business activity in a way that complies with the competitive neutrality principle; and\n- (b) the reasons for the recommendations; and\n- (c) for a complaint about a building certifying activity—comments on how carrying out the statutory building functions has resulted in a competitive advantage.\n- (a) only a local government can provide; and\n- (b) a building certifier under the Building Act relies on.\n- • providing site or town planning information to a building certifier\n- • receiving and processing documents from a building certifier\n- (a) recommendations on how the business entity can overcome the competitive disadvantage; and\n- (b) the reasons for the recommendations; and\n- (c) comments about the competitive disadvantage, including comments about the effect of the disadvantage on the business entity.","sortOrder":65},{"sectionNumber":"sec.53","sectionType":"section","heading":"Public access to report","content":"### sec.53 Public access to report\n\nA local government given a report under section 52 must ensure the public can inspect a copy of the report at the local government’s public office as soon as practicable after being given the report.","sortOrder":66},{"sectionNumber":"sec.54","sectionType":"section","heading":"Information to persons given an investigation notice","content":"### sec.54 Information to persons given an investigation notice\n\nThe competition authority must give the following documents to any other person to whom the competition authority gave an investigation notice—\na copy of the recommendations in the report;\nnotice that the person may inspect the report, including recommendations, at the local government’s public office.\ns 54 amd 2015 Act No. 29 s 69 sch 2; 2021 Act No. 12 s 217 sch 6\n- (a) a copy of the recommendations in the report;\n- (b) notice that the person may inspect the report, including recommendations, at the local government’s public office.","sortOrder":67},{"sectionNumber":"sec.55","sectionType":"section","heading":"Local government response to competition authority’s report","content":"### sec.55 Local government response to competition authority’s report\n\nThe relevant local government must decide, by resolution, whether to implement the recommendations in the competition authority’s report.\nThe resolution must state the reasons for the local government’s decision.\nThe local government must make the resolution—\nwithin 1 month after the competition authority gives the report to the local government; or\nif the local government does not ordinarily meet within that month—at the first meeting of the local government after that month.\nThe local government must, within 7 days after making the resolution, give notice of the resolution to—\nthe complainant; and\nthe competition authority; and\nif a corporatised business entity is conducting the business activity—the corporatised business entity.\nIf a corporatised business entity is conducting the business activity, the corporatised business entity must implement the recommendations as soon as practicable.\ns 55 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.55-ssec.1) The relevant local government must decide, by resolution, whether to implement the recommendations in the competition authority’s report.\n(sec.55-ssec.2) The resolution must state the reasons for the local government’s decision.\n(sec.55-ssec.3) The local government must make the resolution— within 1 month after the competition authority gives the report to the local government; or if the local government does not ordinarily meet within that month—at the first meeting of the local government after that month.\n(sec.55-ssec.4) The local government must, within 7 days after making the resolution, give notice of the resolution to— the complainant; and the competition authority; and if a corporatised business entity is conducting the business activity—the corporatised business entity.\n(sec.55-ssec.5) If a corporatised business entity is conducting the business activity, the corporatised business entity must implement the recommendations as soon as practicable.\n- (a) within 1 month after the competition authority gives the report to the local government; or\n- (b) if the local government does not ordinarily meet within that month—at the first meeting of the local government after that month.\n- (a) the complainant; and\n- (b) the competition authority; and\n- (c) if a corporatised business entity is conducting the business activity—the corporatised business entity.","sortOrder":68},{"sectionNumber":"sec.55A","sectionType":"section","heading":"Confidentiality requests","content":"### sec.55A Confidentiality requests\n\nThis section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities.\nThe person may give the competition authority a written notice (a confidentiality request ) that—\nstates the person’s belief; and\nasks the authority not to disclose the information to an external entity without the person’s consent.\nThe competition authority may accept the person’s confidentiality request if the authority is satisfied—\nthe person’s belief is justified; and\ndisclosure of the information would not be in the public interest.\nIf the competition authority accepts the person’s confidentiality request, the authority must not—\ninclude the information in a report about the investigation of a competitive neutrality complaint; or\notherwise disclose the information to an external entity.\nSubsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person.\nIn this section—\ncommercial activities means activities conducted on a commercial basis.\ncontractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority—\nunder a contract between the person and the authority; or\nunder an arrangement between the authority and another person.\nexternal entity , in relation to information, means an entity other than—\nthe Minister; or\na member of the competition authority; or\na member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or\nif the information relates to a local government—the local government.\ninformation includes a document.\nperson includes a local government or business entity.\ns 55A ins 2021 Act No. 12 s 214\n(sec.55A-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the competition authority under this division is likely to damage the person’s commercial activities.\n(sec.55A-ssec.2) The person may give the competition authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent.\n(sec.55A-ssec.3) The competition authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest.\n(sec.55A-ssec.4) If the competition authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity.\n(sec.55A-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person.\n(sec.55A-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the competition authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or a member of the competition authority; or a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or if the information relates to a local government—the local government. information includes a document. person includes a local government or business entity.\n- (a) states the person’s belief; and\n- (b) asks the authority not to disclose the information to an external entity without the person’s consent.\n- (a) the person’s belief is justified; and\n- (b) disclosure of the information would not be in the public interest.\n- (a) include the information in a report about the investigation of a competitive neutrality complaint; or\n- (b) otherwise disclose the information to an external entity.\n- (a) under a contract between the person and the authority; or\n- (b) under an arrangement between the authority and another person.\n- (a) the Minister; or\n- (b) a member of the competition authority; or\n- (c) a member of the competition authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or\n- (d) if the information relates to a local government—the local government.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Register","content":"### sec.56 Register\n\nA local government must establish a register of business activities to which the competitive neutrality principle applies.\nThe register must state the following—\nbusiness activities to which the local government has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity;\nbusiness activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity;\na list of—\ncurrent investigation notices for competitive neutrality complaints; and\nthe business activities to which the complaints relate; and\nthe local government’s responses to the competition authority’s recommendations on the complaints.\ns 56 amd 2015 Act No. 29 s 69 sch 2 ; 2021 Act No. 12 s 217 sch 6\n(sec.56-ssec.1) A local government must establish a register of business activities to which the competitive neutrality principle applies.\n(sec.56-ssec.2) The register must state the following— business activities to which the local government has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity; business activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity; a list of— current investigation notices for competitive neutrality complaints; and the business activities to which the complaints relate; and the local government’s responses to the competition authority’s recommendations on the complaints.\n- (a) business activities to which the local government has applied the competitive neutrality principle, and the date from which the competitive neutrality principle applied to each business activity;\n- (b) business activities to which the code of competitive conduct applies, and the date from which the code applied to each business activity;\n- (c) a list of— (i) current investigation notices for competitive neutrality complaints; and (ii) the business activities to which the complaints relate; and (iii) the local government’s responses to the competition authority’s recommendations on the complaints.\n- (i) current investigation notices for competitive neutrality complaints; and\n- (ii) the business activities to which the complaints relate; and\n- (iii) the local government’s responses to the competition authority’s recommendations on the complaints.\n- (i) current investigation notices for competitive neutrality complaints; and\n- (ii) the business activities to which the complaints relate; and\n- (iii) the local government’s responses to the competition authority’s recommendations on the complaints.","sortOrder":70},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Roads and other infrastructure","content":"# Roads and other infrastructure","sortOrder":71},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Roads","content":"## Roads","sortOrder":72},{"sectionNumber":"sec.57","sectionType":"section","heading":"Prescribed particulars for register of roads— Act , s 74","content":"### sec.57 Prescribed particulars for register of roads— Act , s 74\n\nFor section 74 (1) (b) (iii) of the Act , the other particulars prescribed are—\nthe length of every road, including an unformed road, in the local government’s area; and\nif a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and\nif a road consists of a through road and an adjacent road—the width of each as if each were a separate road.\nFor subsection (1) —\na length must be measured in kilometres and a width must be measured in metres; and\nthe width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement.\nIn this section—\nformed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road.\ngravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process.\nsealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers.\nunformed , for a road, means a road or track that—\nis not a formed, gravelled pavement or sealed pavement road; but\nis open to, and used by, the public.\n(sec.57-ssec.1) For section 74 (1) (b) (iii) of the Act , the other particulars prescribed are— the length of every road, including an unformed road, in the local government’s area; and if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and if a road consists of a through road and an adjacent road—the width of each as if each were a separate road.\n(sec.57-ssec.2) For subsection (1) — a length must be measured in kilometres and a width must be measured in metres; and the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement.\n(sec.57-ssec.3) In this section— formed , for a road, means a road, other than a gravelled pavement or sealed pavement road, formed so that stormwater drains from the road. gravelled pavement , for a road, means a road surfaced with gravel, limestone or rubble and constructed by the use of a mechanical compaction process. sealed pavement , for a road, means a road with a surface of asphalt, bitumen, concrete or pavers. unformed , for a road, means a road or track that— is not a formed, gravelled pavement or sealed pavement road; but is open to, and used by, the public.\n- (a) the length of every road, including an unformed road, in the local government’s area; and\n- (b) if a road is formed, gravelled pavement or sealed pavement—the length and width of the formed, gravelled pavement or sealed pavement part of the road; and\n- (c) if a road consists of a through road and an adjacent road—the width of each as if each were a separate road.\n- (a) a length must be measured in kilometres and a width must be measured in metres; and\n- (b) the width of a divided road is the total width of all sections of the divided road that are formed, gravelled pavement or sealed pavement.\n- (a) is not a formed, gravelled pavement or sealed pavement road; but\n- (b) is open to, and used by, the public.","sortOrder":73},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Malls","content":"## Malls","sortOrder":74},{"sectionNumber":"sec.58","sectionType":"section","heading":"Other matters connected with managing, promoting or using malls— Act , s 80A","content":"### sec.58 Other matters connected with managing, promoting or using malls— Act , s 80A\n\nFor section 80A (3) of the Act , this section prescribes other matters connected with managing, promoting or using a mall.\nIn relation to a mall, a local government may do any of the following—\nanything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall;\npermit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate;\nanything incidental to its powers mentioned in paragraph (a) or (b) .\nThe local government’s planning scheme must include all existing and proposed malls in the local government area.\n(sec.58-ssec.1) For section 80A (3) of the Act , this section prescribes other matters connected with managing, promoting or using a mall.\n(sec.58-ssec.2) In relation to a mall, a local government may do any of the following— anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall; permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate; anything incidental to its powers mentioned in paragraph (a) or (b) .\n(sec.58-ssec.3) The local government’s planning scheme must include all existing and proposed malls in the local government area.\n- (a) anything that is necessary or desirable for developing, managing, maintaining (including cleaning), promoting, or using the mall;\n- (b) permit the use of any part of the mall (including for the use of erecting any structure, for example) on the conditions it considers appropriate;\n- (c) anything incidental to its powers mentioned in paragraph (a) or (b) .","sortOrder":75},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Marine and aquatic matters","content":"## Marine and aquatic matters","sortOrder":76},{"sectionNumber":"sec.59","sectionType":"section","heading":"Harbours, jetties, breakwaters and ramps","content":"### sec.59 Harbours, jetties, breakwaters and ramps\n\nA local government may construct, maintain, manage and regulate the use of—\nharbours for small vessels in or over tidal waters; and\njetties, breakwaters and ramps in or over tidal waters.\nA local government may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act .\nA local government may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1) .\nWhile the local government occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be in its local government area.\n(sec.59-ssec.1) A local government may construct, maintain, manage and regulate the use of— harbours for small vessels in or over tidal waters; and jetties, breakwaters and ramps in or over tidal waters.\n(sec.59-ssec.2) A local government may exercise powers under subsection (1) for a harbour or proposed harbour even if the waters of the harbour are inside the limits of a port within the meaning of the Transport Infrastructure Act .\n(sec.59-ssec.3) A local government may occupy and use foreshore, tidal land or tidal waters to undertake work in exercising the powers under subsection (1) .\n(sec.59-ssec.4) While the local government occupies or uses foreshore, tidal land or tidal waters, the foreshore, land or waters are taken to be in its local government area.\n- (a) harbours for small vessels in or over tidal waters; and\n- (b) jetties, breakwaters and ramps in or over tidal waters.","sortOrder":77},{"sectionNumber":"sec.60","sectionType":"section","heading":"Canals","content":"### sec.60 Canals\n\nThis section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9 .\nIf a local law affects the owner of a structure in a canal, the owner of the structure is—\nthe holder of the development permit under the Planning Act to build the structure; or\nthe owner of the land—\nthat receives the benefit of the structure; or\nto which the structure is connected.\n(sec.60-ssec.1) This section is about canals within the meaning of the Coastal Protection and Management Act 1995 , section 9 .\n(sec.60-ssec.2) If a local law affects the owner of a structure in a canal, the owner of the structure is— the holder of the development permit under the Planning Act to build the structure; or the owner of the land— that receives the benefit of the structure; or to which the structure is connected.\n- (a) the holder of the development permit under the Planning Act to build the structure; or\n- (b) the owner of the land— (i) that receives the benefit of the structure; or (ii) to which the structure is connected.\n- (i) that receives the benefit of the structure; or\n- (ii) to which the structure is connected.\n- (i) that receives the benefit of the structure; or\n- (ii) to which the structure is connected.","sortOrder":78},{"sectionNumber":"sec.61","sectionType":"section","heading":"The foreshore","content":"### sec.61 The foreshore\n\nThe Governor in Council may, by gazette notice, place a foreshore under the control of—\nthe local government for the local government area adjoining the foreshore; or\nif there is no local government area adjoining the foreshore—the local government for a local government area that is near the foreshore.\nWhile the foreshore is under the local government’s control the foreshore is taken to be part of the local government’s area.\n(sec.61-ssec.1) The Governor in Council may, by gazette notice, place a foreshore under the control of— the local government for the local government area adjoining the foreshore; or if there is no local government area adjoining the foreshore—the local government for a local government area that is near the foreshore.\n(sec.61-ssec.2) While the foreshore is under the local government’s control the foreshore is taken to be part of the local government’s area.\n- (a) the local government for the local government area adjoining the foreshore; or\n- (b) if there is no local government area adjoining the foreshore—the local government for a local government area that is near the foreshore.","sortOrder":79},{"sectionNumber":"sec.62","sectionType":"section","heading":"Bathing reserves","content":"### sec.62 Bathing reserves\n\nThe Governor in Council may, by gazette notice, place the following under the control of a local government as a bathing reserve—\na part of a seashore;\nland under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides;\nsea above the part of a seashore and land.\nThe seashore is—\nthe foreshore; or\nState land that—\nis above the high-water mark at ordinary spring tides; and\nis ordinarily covered by sand or shingle; and\nis not subject to a licence, permit or other authority granted by the State under an Act.\nWhile the bathing reserve is under the local government’s control the bathing reserve is taken to be part of the local government’s area.\n(sec.62-ssec.1) The Governor in Council may, by gazette notice, place the following under the control of a local government as a bathing reserve— a part of a seashore; land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides; sea above the part of a seashore and land.\n(sec.62-ssec.2) The seashore is— the foreshore; or State land that— is above the high-water mark at ordinary spring tides; and is ordinarily covered by sand or shingle; and is not subject to a licence, permit or other authority granted by the State under an Act.\n(sec.62-ssec.3) While the bathing reserve is under the local government’s control the bathing reserve is taken to be part of the local government’s area.\n- (a) a part of a seashore;\n- (b) land under the sea that is adjacent to the part of a seashore and seawards for a distance of not more than 1km beyond low-water mark at ordinary spring tides;\n- (c) sea above the part of a seashore and land.\n- (a) the foreshore; or\n- (b) State land that— (i) is above the high-water mark at ordinary spring tides; and (ii) is ordinarily covered by sand or shingle; and (iii) is not subject to a licence, permit or other authority granted by the State under an Act.\n- (i) is above the high-water mark at ordinary spring tides; and\n- (ii) is ordinarily covered by sand or shingle; and\n- (iii) is not subject to a licence, permit or other authority granted by the State under an Act.\n- (i) is above the high-water mark at ordinary spring tides; and\n- (ii) is ordinarily covered by sand or shingle; and\n- (iii) is not subject to a licence, permit or other authority granted by the State under an Act.","sortOrder":80},{"sectionNumber":"ch.3-pt.3-div.4","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":81},{"sectionNumber":"sec.63","sectionType":"section","heading":"Public thoroughfare easements","content":"### sec.63 Public thoroughfare easements\n\nThis section is about land that is subject to a public thoroughfare easement.\nThe local government in whose favour the easement is created has control of the land, subject to the provisions of the instrument that created the easement.\nControl of the land includes the right to take all necessary steps for—\nconstruction on, maintenance of or improvement of the land; and\nregulation of the use of the land.\nThe local government is responsible for maintaining the land.\nThe owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land.\nThe owner of the land is—\nif the land is land granted in trust under the Land Act —the trustee of the land; or\nif the land is non-freehold land under the Land Act —the lessee or licensee of the land; or\nif the land is a lot under the Land Title Act —the registered owner of the lot.\nThe owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land.\nWhen deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the local government’s control.\nSee the Economic Development Act 2012 , section 51AW in relation to the non-application of this provision to land subject to particular public thoroughfare easements.\ns 63 amd 2019 Act No. 11 s 231 s ch 1 pt 2\n(sec.63-ssec.1) This section is about land that is subject to a public thoroughfare easement.\n(sec.63-ssec.2) The local government in whose favour the easement is created has control of the land, subject to the provisions of the instrument that created the easement.\n(sec.63-ssec.3) Control of the land includes the right to take all necessary steps for— construction on, maintenance of or improvement of the land; and regulation of the use of the land.\n(sec.63-ssec.4) The local government is responsible for maintaining the land.\n(sec.63-ssec.5) The owner of the land is not required, and can not be required, to maintain, or to contribute to the maintenance of, any part of the land.\n(sec.63-ssec.6) The owner of the land is— if the land is land granted in trust under the Land Act —the trustee of the land; or if the land is non-freehold land under the Land Act —the lessee or licensee of the land; or if the land is a lot under the Land Title Act —the registered owner of the lot.\n(sec.63-ssec.7) The owner of the land is not, and can not be made, civilly liable for an act done, or omission made, honestly and without negligence in relation to the land.\n(sec.63-ssec.8) When deciding what rights and liabilities attach because of something that happened on the land, the land is taken to be a road under the local government’s control.\n- (a) construction on, maintenance of or improvement of the land; and\n- (b) regulation of the use of the land.\n- (a) if the land is land granted in trust under the Land Act —the trustee of the land; or\n- (b) if the land is non-freehold land under the Land Act —the lessee or licensee of the land; or\n- (c) if the land is a lot under the Land Title Act —the registered owner of the lot.","sortOrder":82},{"sectionNumber":"sec.64","sectionType":"section","heading":"Boundary works","content":"### sec.64 Boundary works\n\nThis section is about a road or other work that is to be, or has been, built—\nalong the boundary between 2 or more local government areas; and\npartly in each of the areas.\nThe cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of each of those local governments.\nThe local governments must enter into the arrangements that are necessary to perform that responsibility.\n(sec.64-ssec.1) This section is about a road or other work that is to be, or has been, built— along the boundary between 2 or more local government areas; and partly in each of the areas.\n(sec.64-ssec.2) The cost of planning, constructing, maintaining and managing the road or other work is the joint responsibility of each of those local governments.\n(sec.64-ssec.3) The local governments must enter into the arrangements that are necessary to perform that responsibility.\n- (a) along the boundary between 2 or more local government areas; and\n- (b) partly in each of the areas.","sortOrder":83},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Levy on Kuranda rail line","content":"# Levy on Kuranda rail line","sortOrder":84},{"sectionNumber":"sec.65","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.65 Definitions for pt 4\n\nIn this part—\nfree of charge , for a journey on the Kuranda rail line, means a journey provided without any of the following—\npayment or other consideration;\nrequiring, or asking for, a donation, levy or other monetary contribution for the journey including, for example, the purchase of a ticket in a raffle;\ndisplaying a receptacle, whether on the train used for the journey or elsewhere, in a way that suggests a donation is expected or required to travel on the rail line.\nKuranda rail line means the railway between Cairns and Kuranda.\nKuranda rail operator means a rail transport operator within the meaning of the Rail Safety National Law (Queensland) who is accredited under that Law for the operation or movement of rolling stock on the Kuranda rail line.\ns 65 def Kuranda rail operator amd 2017 SL No. 75 s 25 sch 2\ntourist infrastructure levy see section 66 (1) .\ns 65 exp 30 June 2032 (see s 70)\n- (a) payment or other consideration;\n- (b) requiring, or asking for, a donation, levy or other monetary contribution for the journey including, for example, the purchase of a ticket in a raffle;\n- (c) displaying a receptacle, whether on the train used for the journey or elsewhere, in a way that suggests a donation is expected or required to travel on the rail line.","sortOrder":85},{"sectionNumber":"sec.66","sectionType":"section","heading":"Imposition of levy","content":"### sec.66 Imposition of levy\n\nA levy (the tourist infrastructure levy ) is imposed on each Kuranda rail operator until 31 December 2031.\nThe levy is at the rate of $1 for each passenger journey to or from Kuranda on the Kuranda rail line provided by the Kuranda rail operator, other than a journey provided free of charge.\nFor subsection (2) , a return journey is taken to be a single journey.\ns 66 amd 2020 SL No. 244 s 27 ; 2021 SL No. 177 s 4\nexp 30 June 2032 (see s 70)\n(sec.66-ssec.1) A levy (the tourist infrastructure levy ) is imposed on each Kuranda rail operator until 31 December 2031.\n(sec.66-ssec.2) The levy is at the rate of $1 for each passenger journey to or from Kuranda on the Kuranda rail line provided by the Kuranda rail operator, other than a journey provided free of charge.\n(sec.66-ssec.3) For subsection (2) , a return journey is taken to be a single journey.","sortOrder":86},{"sectionNumber":"sec.67","sectionType":"section","heading":"Payment of levy","content":"### sec.67 Payment of levy\n\nEach Kuranda rail operator must, within 6 months after the end of each financial year for which the tourist infrastructure levy is imposed, pay the State the amount of the levy imposed on the operator during the financial year.\nA Kuranda rail operator must pay interest on an amount owing under subsection (1) unpaid from time to time.\nInterest accrues daily at the rate of 10% per annum on the unpaid amount on and from the day after it is owing until it is paid in full.\nIf a Kuranda rail operator does not pay an amount owing under this section, the State may recover it from the operator as a debt.\ns 67 amd 2020 SL No. 244 s 28\nexp 30 June 2032 (see s 70)\n(sec.67-ssec.1) Each Kuranda rail operator must, within 6 months after the end of each financial year for which the tourist infrastructure levy is imposed, pay the State the amount of the levy imposed on the operator during the financial year.\n(sec.67-ssec.2) A Kuranda rail operator must pay interest on an amount owing under subsection (1) unpaid from time to time.\n(sec.67-ssec.3) Interest accrues daily at the rate of 10% per annum on the unpaid amount on and from the day after it is owing until it is paid in full.\n(sec.67-ssec.4) If a Kuranda rail operator does not pay an amount owing under this section, the State may recover it from the operator as a debt.","sortOrder":87},{"sectionNumber":"sec.68","sectionType":"section","heading":"Obligation to give annual statements","content":"### sec.68 Obligation to give annual statements\n\nEach Kuranda rail operator must, within 6 months after each financial year ends, give the chief executive a written statement for the financial year that complies with subsection (2) .\nThe statement must—\nstate how many passenger journeys on the Kuranda rail line were provided by the Kuranda rail operator during the financial year, other than journeys provided free of charge; and\nif a form is approved for the statement—be in the approved form.\nThe approved form may require the statement to be made or verified by statutory declaration.\ns 68 amd 2020 SL No. 244 s 29\nexp 30 June 2032 (see s 70)\n(sec.68-ssec.1) Each Kuranda rail operator must, within 6 months after each financial year ends, give the chief executive a written statement for the financial year that complies with subsection (2) .\n(sec.68-ssec.2) The statement must— state how many passenger journeys on the Kuranda rail line were provided by the Kuranda rail operator during the financial year, other than journeys provided free of charge; and if a form is approved for the statement—be in the approved form.\n(sec.68-ssec.3) The approved form may require the statement to be made or verified by statutory declaration.\n- (a) state how many passenger journeys on the Kuranda rail line were provided by the Kuranda rail operator during the financial year, other than journeys provided free of charge; and\n- (b) if a form is approved for the statement—be in the approved form.","sortOrder":88},{"sectionNumber":"sec.69","sectionType":"section","heading":null,"content":"### Section sec.69\n\ns 69 om 2015 SL No. 140 s 5","sortOrder":89},{"sectionNumber":"sec.70","sectionType":"section","heading":"Expiry","content":"### sec.70 Expiry\n\nThis part expires on 30 June 2032.\ns 70 amd 2020 SL No. 244 s 30 ; 2021 SL No. 177 s 5\nexp 30 June 2032 (see s 70)","sortOrder":90},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":91},{"sectionNumber":"sec.71","sectionType":"section","heading":"What ch 4 is about","content":"### sec.71 What ch 4 is about\n\nThis chapter is about local government rates and charges.\nSee chapter 4 , part 1 of the Act .\ns 71 amd 2026 Act No. 5 s 117","sortOrder":92},{"sectionNumber":"sec.72","sectionType":"section","heading":"What is the value of land","content":"### sec.72 What is the value of land\n\nThe value , of land for a financial year, is its value under the Land Valuation Act when a liability for payment of rates or charges for the land arises for the financial year.","sortOrder":93},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"Land exempt from rating and prescribed local governments","content":"# Land exempt from rating and prescribed local governments","sortOrder":94},{"sectionNumber":"sec.73","sectionType":"section","heading":"Land that is exempt from rating— Act , s 93","content":"### sec.73 Land that is exempt from rating— Act , s 93\n\nFor section 93 (3) (j) (ii) of the Act , the following land is exempted from rating—\nland owned by a religious entity if the land is less than 20ha and is used for 1 or more of the following purposes—\nreligious purposes, including, for example, public worship;\nthe provision of education, health or community services, including facilities for aged persons and persons with disabilities;\nthe administration of the religious entity;\nhousing incidental to a purpose mentioned in subparagraphs (i) to (iii) ;\nland vested in, or placed under the management and control of, a person under an Act for—\na public purpose that is a recreational or sporting purpose; or\na charitable purpose;\nland used for the purposes of a public hospital if—\nthe public hospital is—\npart of a private hospital complex; or\na private and public hospital complex; and\nthe land used for the purposes is more than 2ha and is separated from the rest of the complex;\nland owned by a community organisation if the land is less than 20ha and is used for providing the following—\naccommodation associated with the protection of children;\naccommodation for students;\neducational, training or information services aimed at improving labour market participation or leisure opportunities;\nland used for a cemetery.\n- (a) land owned by a religious entity if the land is less than 20ha and is used for 1 or more of the following purposes— (i) religious purposes, including, for example, public worship; (ii) the provision of education, health or community services, including facilities for aged persons and persons with disabilities; (iii) the administration of the religious entity; (iv) housing incidental to a purpose mentioned in subparagraphs (i) to (iii) ;\n- (i) religious purposes, including, for example, public worship;\n- (ii) the provision of education, health or community services, including facilities for aged persons and persons with disabilities;\n- (iii) the administration of the religious entity;\n- (iv) housing incidental to a purpose mentioned in subparagraphs (i) to (iii) ;\n- (b) land vested in, or placed under the management and control of, a person under an Act for— (i) a public purpose that is a recreational or sporting purpose; or (ii) a charitable purpose;\n- (i) a public purpose that is a recreational or sporting purpose; or\n- (ii) a charitable purpose;\n- (c) land used for the purposes of a public hospital if— (i) the public hospital is— (A) part of a private hospital complex; or (B) a private and public hospital complex; and (ii) the land used for the purposes is more than 2ha and is separated from the rest of the complex;\n- (i) the public hospital is— (A) part of a private hospital complex; or (B) a private and public hospital complex; and\n- (A) part of a private hospital complex; or\n- (B) a private and public hospital complex; and\n- (ii) the land used for the purposes is more than 2ha and is separated from the rest of the complex;\n- (d) land owned by a community organisation if the land is less than 20ha and is used for providing the following— (i) accommodation associated with the protection of children; (ii) accommodation for students; (iii) educational, training or information services aimed at improving labour market participation or leisure opportunities;\n- (i) accommodation associated with the protection of children;\n- (ii) accommodation for students;\n- (iii) educational, training or information services aimed at improving labour market participation or leisure opportunities;\n- (e) land used for a cemetery.\n- (i) religious purposes, including, for example, public worship;\n- (ii) the provision of education, health or community services, including facilities for aged persons and persons with disabilities;\n- (iii) the administration of the religious entity;\n- (iv) housing incidental to a purpose mentioned in subparagraphs (i) to (iii) ;\n- (i) a public purpose that is a recreational or sporting purpose; or\n- (ii) a charitable purpose;\n- (i) the public hospital is— (A) part of a private hospital complex; or (B) a private and public hospital complex; and\n- (A) part of a private hospital complex; or\n- (B) a private and public hospital complex; and\n- (ii) the land used for the purposes is more than 2ha and is separated from the rest of the complex;\n- (A) part of a private hospital complex; or\n- (B) a private and public hospital complex; and\n- (i) accommodation associated with the protection of children;\n- (ii) accommodation for students;\n- (iii) educational, training or information services aimed at improving labour market participation or leisure opportunities;","sortOrder":95},{"sectionNumber":"sec.73A","sectionType":"section","heading":"Local governments to which Act, s 94A applies","content":"### sec.73A Local governments to which Act, s 94A applies\n\nFor section 94A (1) of the Act , the following local governments are prescribed—\nAurukun Shire Council;\nCherbourg Aboriginal Shire Council;\nDoomadgee Aboriginal Shire Council;\nHope Vale Aboriginal Shire Council;\nKowanyama Aboriginal Shire Council;\nLockhart River Aboriginal Shire Council;\nMapoon Aboriginal Shire Council;\nMornington Shire Council;\nNapranum Aboriginal Shire Council;\nPalm Island Aboriginal Shire Council;\nPormpuraaw Aboriginal Shire Council;\nWoorabinda Aboriginal Shire Council;\nWujal Wujal Aboriginal Shire Council;\nYarrabah Aboriginal Shire Council;\nNorthern Peninsula Area Regional Council;\nTorres Strait Island Regional Council.\ns 73A ins 2026 Act No. 5 s 119\n- (a) Aurukun Shire Council;\n- (b) Cherbourg Aboriginal Shire Council;\n- (c) Doomadgee Aboriginal Shire Council;\n- (d) Hope Vale Aboriginal Shire Council;\n- (e) Kowanyama Aboriginal Shire Council;\n- (f) Lockhart River Aboriginal Shire Council;\n- (g) Mapoon Aboriginal Shire Council;\n- (h) Mornington Shire Council;\n- (i) Napranum Aboriginal Shire Council;\n- (j) Palm Island Aboriginal Shire Council;\n- (k) Pormpuraaw Aboriginal Shire Council;\n- (l) Woorabinda Aboriginal Shire Council;\n- (m) Wujal Wujal Aboriginal Shire Council;\n- (n) Yarrabah Aboriginal Shire Council;\n- (o) Northern Peninsula Area Regional Council;\n- (p) Torres Strait Island Regional Council.","sortOrder":96},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Value of land used for rates","content":"# Value of land used for rates","sortOrder":97},{"sectionNumber":"sec.74","sectionType":"section","heading":"Rateable value of land","content":"### sec.74 Rateable value of land\n\nA local government must calculate the rates for land by using the rateable value of the land.\nThe rateable value of land for a financial year is the value of the land—\nfor the financial year; or\nas averaged over a number of financial years.\nA local government may use the value of the land averaged over a number of financial years only if the local government decides, by resolution, to do so.\nThe resolution must state whether the local government will use, for deciding the rateable value of the land—\nthe 2-year averaged value of the land; or\nthe 3-year averaged value of the land.\nHowever, if the value of the land averaged over a number of financial years is more than the value of the land for the financial year, the rates must be calculated using the value of the land for the financial year.\n(sec.74-ssec.1) A local government must calculate the rates for land by using the rateable value of the land.\n(sec.74-ssec.2) The rateable value of land for a financial year is the value of the land— for the financial year; or as averaged over a number of financial years.\n(sec.74-ssec.3) A local government may use the value of the land averaged over a number of financial years only if the local government decides, by resolution, to do so.\n(sec.74-ssec.4) The resolution must state whether the local government will use, for deciding the rateable value of the land— the 2-year averaged value of the land; or the 3-year averaged value of the land.\n(sec.74-ssec.5) However, if the value of the land averaged over a number of financial years is more than the value of the land for the financial year, the rates must be calculated using the value of the land for the financial year.\n- (a) for the financial year; or\n- (b) as averaged over a number of financial years.\n- (a) the 2-year averaged value of the land; or\n- (b) the 3-year averaged value of the land.","sortOrder":98},{"sectionNumber":"sec.75","sectionType":"section","heading":"Working out the 2-year averaged value","content":"### sec.75 Working out the 2-year averaged value\n\nThe 2-year averaged value of land for a financial year is the amount that equals—\nif the land had a value for the previous financial year—\nthe value of the land for the previous financial year\nplus the value of the land for the financial year\ndivided by 2; or\nif the land did not have a value for the previous financial year—\nthe value of the land for the financial year\nmultiplied by the 2-year averaging number.\nThe 2-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula—\nwhere—\nT is the total of the values of all rateable land in the local government’s area for the financial year and the previous financial year.\nV is the value of all rateable land in the local government’s area for the financial year.\n(sec.75-ssec.1) The 2-year averaged value of land for a financial year is the amount that equals— if the land had a value for the previous financial year— the value of the land for the previous financial year plus the value of the land for the financial year divided by 2; or if the land did not have a value for the previous financial year— the value of the land for the financial year multiplied by the 2-year averaging number.\n(sec.75-ssec.2) The 2-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in the local government’s area for the financial year and the previous financial year. V is the value of all rateable land in the local government’s area for the financial year.\n- (a) if the land had a value for the previous financial year— • the value of the land for the previous financial year • plus the value of the land for the financial year • divided by 2; or\n- • the value of the land for the previous financial year\n- • plus the value of the land for the financial year\n- • divided by 2; or\n- (b) if the land did not have a value for the previous financial year— • the value of the land for the financial year • multiplied by the 2-year averaging number.\n- • the value of the land for the financial year\n- • multiplied by the 2-year averaging number.\n- • the value of the land for the previous financial year\n- • plus the value of the land for the financial year\n- • divided by 2; or\n- • the value of the land for the financial year\n- • multiplied by the 2-year averaging number.","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":"Working out the 3-year averaged value","content":"### sec.76 Working out the 3-year averaged value\n\nThe 3-year averaged value of land for a financial year is the amount that equals—\nif the land had a value for the 2 previous financial years—\nthe sum of the value of the land for each of the 2 previous years\nplus the value of the land for the financial year\ndivided by 3; or\nif the land did not have a value for the 2 previous financial years—\nthe value of the land for the financial year\nmultiplied by the 3-year averaging number.\nThe 3-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula—\nwhere—\nT is the total of the values of all rateable land in the local government’s area for the financial year and the previous 2 financial years.\nV is the value of all rateable land in the local government’s area for the financial year.\n(sec.76-ssec.1) The 3-year averaged value of land for a financial year is the amount that equals— if the land had a value for the 2 previous financial years— the sum of the value of the land for each of the 2 previous years plus the value of the land for the financial year divided by 3; or if the land did not have a value for the 2 previous financial years— the value of the land for the financial year multiplied by the 3-year averaging number.\n(sec.76-ssec.2) The 3-year averaging number , for a financial year, is the number calculated to 2 decimal places by using the formula— where— T is the total of the values of all rateable land in the local government’s area for the financial year and the previous 2 financial years. V is the value of all rateable land in the local government’s area for the financial year.\n- (a) if the land had a value for the 2 previous financial years— • the sum of the value of the land for each of the 2 previous years • plus the value of the land for the financial year • divided by 3; or\n- • the sum of the value of the land for each of the 2 previous years\n- • plus the value of the land for the financial year\n- • divided by 3; or\n- (b) if the land did not have a value for the 2 previous financial years— • the value of the land for the financial year • multiplied by the 3-year averaging number.\n- • the value of the land for the financial year\n- • multiplied by the 3-year averaging number.\n- • the sum of the value of the land for each of the 2 previous years\n- • plus the value of the land for the financial year\n- • divided by 3; or\n- • the value of the land for the financial year\n- • multiplied by the 3-year averaging number.","sortOrder":100},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Minimum general rates","content":"# Minimum general rates","sortOrder":101},{"sectionNumber":"sec.77","sectionType":"section","heading":"Minimum general rates for land generally","content":"### sec.77 Minimum general rates for land generally\n\nA local government may fix a minimum amount of general rates.\nThe local government may identify parcels of rateable land to which a minimum amount of general rates applies in any way the local government considers appropriate.\nHowever, a local government must not levy minimum general rates for a parcel of land if—\nthe Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and\nLand Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental))\nthe discounted valuation period for the parcel of land has not ended under that subdivision.\nGenerally, the same minimum amount of general rates must apply to all rateable land in the local government area.\nHowever, a local government may fix a different minimum amount of general rates only for—\nif there are different rating categories of rateable land for the local government area, each different rating category; or\ntimeshare property; or\nany of the following—\na mining lease granted for mining for minerals over land that is not larger than 2ha;\na mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or\nland that is subject to a mining claim, subject to section 79 .\nFor subsection (5) (a) , if a local government fixes a different minimum amount of general rates for different rating categories, the same minimum amount of general rates must apply to all rateable land belonging to a particular rating category.\n(sec.77-ssec.1) A local government may fix a minimum amount of general rates.\n(sec.77-ssec.2) The local government may identify parcels of rateable land to which a minimum amount of general rates applies in any way the local government considers appropriate.\n(sec.77-ssec.3) However, a local government must not levy minimum general rates for a parcel of land if— the Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental)) the discounted valuation period for the parcel of land has not ended under that subdivision.\n(sec.77-ssec.4) Generally, the same minimum amount of general rates must apply to all rateable land in the local government area.\n(sec.77-ssec.5) However, a local government may fix a different minimum amount of general rates only for— if there are different rating categories of rateable land for the local government area, each different rating category; or timeshare property; or any of the following— a mining lease granted for mining for minerals over land that is not larger than 2ha; a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or land that is subject to a mining claim, subject to section 79 .\n(sec.77-ssec.6) For subsection (5) (a) , if a local government fixes a different minimum amount of general rates for different rating categories, the same minimum amount of general rates must apply to all rateable land belonging to a particular rating category.\n- (a) the Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 , applies to the parcel of land; and Editor’s note— Land Valuation Act , chapter 2 , part 2 , division 5 , subdivision 3 (Discounting for subdivided land not yet developed (non-Land Act rental))\n- (b) the discounted valuation period for the parcel of land has not ended under that subdivision.\n- (a) if there are different rating categories of rateable land for the local government area, each different rating category; or\n- (b) timeshare property; or\n- (c) any of the following— (i) a mining lease granted for mining for minerals over land that is not larger than 2ha; (ii) a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or\n- (i) a mining lease granted for mining for minerals over land that is not larger than 2ha;\n- (ii) a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or\n- (d) land that is subject to a mining claim, subject to section 79 .\n- (i) a mining lease granted for mining for minerals over land that is not larger than 2ha;\n- (ii) a mining lease granted for a purpose that is associated with mining for minerals over land that is not larger than 4ha; or","sortOrder":102},{"sectionNumber":"sec.78","sectionType":"section","heading":"Minimum general rates on timeshare property","content":"### sec.78 Minimum general rates on timeshare property\n\nThis section applies to a local government for fixing a minimum amount of general rates on—\nland where there is a structure wholly or partially subject to a timeshare scheme; or\na lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or\na lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme.\nThe local government may decide the minimum amount of general rates is to be worked out using the formula—\nwhere—\nMA is the minimum amount.\nL is the minimum amount of general rates that would, other than for this section, be payable for the land or lot.\nRU is the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusive occupation.\n(sec.78-ssec.1) This section applies to a local government for fixing a minimum amount of general rates on— land where there is a structure wholly or partially subject to a timeshare scheme; or a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or a lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme.\n(sec.78-ssec.2) The local government may decide the minimum amount of general rates is to be worked out using the formula— where— MA is the minimum amount. L is the minimum amount of general rates that would, other than for this section, be payable for the land or lot. RU is the number of units of the structure that are subject to the timeshare scheme and are available at any time for separate exclusive occupation.\n- (a) land where there is a structure wholly or partially subject to a timeshare scheme; or\n- (b) a lot included in a community titles scheme under the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme; or\n- (c) a lot within the meaning of a community titles Act other than the Body Corporate and Community Management Act 1997 where there is a structure wholly or partially subject to a timeshare scheme.","sortOrder":103},{"sectionNumber":"sec.79","sectionType":"section","heading":"Value of mining claim for fixing minimum general rates","content":"### sec.79 Value of mining claim for fixing minimum general rates\n\nFor fixing a minimum amount of general rates for land subject to a mining claim, the value of the mining claim is—\nfor a mining claim over land that is 900m 2 or less—$150; or\nfor a mining claim over land that is larger than 900m 2 —$450.\n- (a) for a mining claim over land that is 900m 2 or less—$150; or\n- (b) for a mining claim over land that is larger than 900m 2 —$450.","sortOrder":104},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Differential general rates","content":"# Differential general rates","sortOrder":105},{"sectionNumber":"ch.4-pt.5-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":106},{"sectionNumber":"sec.80","sectionType":"section","heading":"Differential general rates","content":"### sec.80 Differential general rates\n\nA local government may levy general rates that differ for different categories of rateable land in the local government area.\nThese rates are called differential general rates .\nFor example, a local government may decide the amount of the general rates on a parcel of residential land will be more than the general rates on the same size parcel of rural land.\nHowever, the differential general rates for a category of rateable land may be the same as the differential general rates for another category of rateable land.\nIf a local government makes and levies a differential general rate for rateable land for a financial year, the local government must not make and levy a general rate for the land for the year.\nA differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land.\n(sec.80-ssec.1) A local government may levy general rates that differ for different categories of rateable land in the local government area.\n(sec.80-ssec.2) These rates are called differential general rates .\n(sec.80-ssec.3) For example, a local government may decide the amount of the general rates on a parcel of residential land will be more than the general rates on the same size parcel of rural land.\n(sec.80-ssec.4) However, the differential general rates for a category of rateable land may be the same as the differential general rates for another category of rateable land.\n(sec.80-ssec.5) If a local government makes and levies a differential general rate for rateable land for a financial year, the local government must not make and levy a general rate for the land for the year.\n(sec.80-ssec.6) A differential general rate may be made and levied on a lot under a community titles Act as if it were a parcel of rateable land.","sortOrder":107},{"sectionNumber":"sec.81","sectionType":"section","heading":"Categorisation of land for differential general rates","content":"### sec.81 Categorisation of land for differential general rates\n\nBefore a local government levies differential general rates, it must decide the different categories (each a rating category ) of rateable land in the local government area.\nThe local government must, by resolution, make the decision at the local government’s budget meeting.\nThe resolution must state—\nthe rating categories of rateable land in the local government area; and\na description of each of the rating categories.\nA resolution may state that the rating categories, and a description of each of the rating categories, are as follows—\nresidential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages;\ncommercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry;\ngrazing and livestock land—land that is used, for commercial purposes, for grazing and livestock;\nsugar cane land—land that is used for producing sugar cane;\nsugar milling land—land that is used for manufacturing sugar;\nrural land—\nland that is not in an urban centre or locality; or\nland that is not used for grazing and livestock; or\nland that is not sugar cane land or sugar milling land;\nother land—any other type of land.\nAfter the rating categories and descriptions have been decided, the local government must identify the rating category to which each parcel of rateable land in the local government area belongs.\nThe local government may do so in any way it considers appropriate.\nThe fact that some parcels of rateable land are inadvertently not categorised does not stop differential general rates being levied on rateable land that has been categorised.\n(sec.81-ssec.1) Before a local government levies differential general rates, it must decide the different categories (each a rating category ) of rateable land in the local government area.\n(sec.81-ssec.2) The local government must, by resolution, make the decision at the local government’s budget meeting.\n(sec.81-ssec.3) The resolution must state— the rating categories of rateable land in the local government area; and a description of each of the rating categories. A resolution may state that the rating categories, and a description of each of the rating categories, are as follows— residential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages; commercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry; grazing and livestock land—land that is used, for commercial purposes, for grazing and livestock; sugar cane land—land that is used for producing sugar cane; sugar milling land—land that is used for manufacturing sugar; rural land— land that is not in an urban centre or locality; or land that is not used for grazing and livestock; or land that is not sugar cane land or sugar milling land; other land—any other type of land.\n(sec.81-ssec.4) After the rating categories and descriptions have been decided, the local government must identify the rating category to which each parcel of rateable land in the local government area belongs.\n(sec.81-ssec.5) The local government may do so in any way it considers appropriate.\n(sec.81-ssec.6) The fact that some parcels of rateable land are inadvertently not categorised does not stop differential general rates being levied on rateable land that has been categorised.\n- (a) the rating categories of rateable land in the local government area; and\n- (b) a description of each of the rating categories.\n- (a) residential land—land that is used for residential purposes in particular urban centres, rural localities, park residential estates and coastal villages;\n- (b) commercial and industrial land—land that is used solely for commerce or industry in particular urban centres and rural localities, other than land used for manufacturing sugar or another rural production industry;\n- (c) grazing and livestock land—land that is used, for commercial purposes, for grazing and livestock;\n- (d) sugar cane land—land that is used for producing sugar cane;\n- (e) sugar milling land—land that is used for manufacturing sugar;\n- (f) rural land— (i) land that is not in an urban centre or locality; or (ii) land that is not used for grazing and livestock; or (iii) land that is not sugar cane land or sugar milling land;\n- (i) land that is not in an urban centre or locality; or\n- (ii) land that is not used for grazing and livestock; or\n- (iii) land that is not sugar cane land or sugar milling land;\n- (g) other land—any other type of land.\n- (i) land that is not in an urban centre or locality; or\n- (ii) land that is not used for grazing and livestock; or\n- (iii) land that is not sugar cane land or sugar milling land;","sortOrder":108},{"sectionNumber":"sec.82","sectionType":"section","heading":"Later categorisation","content":"### sec.82 Later categorisation\n\nThis section applies if—\nthe local government discovers that land has inadvertently not been categorised; or\nland becomes rateable land; or\nthe local government considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or\n2 or more parcels of rateable land are amalgamated into a single parcel of rateable land.\nThe local government must decide what rating category the land should be in.\nThe decision takes effect—\nfor a decision because of subsection (1) (a) —from the start of the relevant financial year; or\nfor a decision because of subsection (1) (b) —from the day when the land became rateable land; or\nfor a decision because of subsection (1) (c) —from the day when the decision is made; or\nfor a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.\n(sec.82-ssec.1) This section applies if— the local government discovers that land has inadvertently not been categorised; or land becomes rateable land; or the local government considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or 2 or more parcels of rateable land are amalgamated into a single parcel of rateable land.\n(sec.82-ssec.2) The local government must decide what rating category the land should be in.\n(sec.82-ssec.3) The decision takes effect— for a decision because of subsection (1) (a) —from the start of the relevant financial year; or for a decision because of subsection (1) (b) —from the day when the land became rateable land; or for a decision because of subsection (1) (c) —from the day when the decision is made; or for a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.\n- (a) the local government discovers that land has inadvertently not been categorised; or\n- (b) land becomes rateable land; or\n- (c) the local government considers that the rating category of a parcel of land should be changed, in view of the description of each rating category; or\n- (d) 2 or more parcels of rateable land are amalgamated into a single parcel of rateable land.\n- (a) for a decision because of subsection (1) (a) —from the start of the relevant financial year; or\n- (b) for a decision because of subsection (1) (b) —from the day when the land became rateable land; or\n- (c) for a decision because of subsection (1) (c) —from the day when the decision is made; or\n- (d) for a decision because of subsection (1) (d) —from the day when the survey plan of amalgamation is registered by the registrar of titles.","sortOrder":109},{"sectionNumber":"ch.4-pt.5-div.2","sectionType":"division","heading":"Entering land to categorise land","content":"## Entering land to categorise land","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Appointing categorisation officer","content":"### sec.83 Appointing categorisation officer\n\nThe chief executive officer may appoint a qualified person as a categorisation officer for this division.\nFor subsection (1) , a person is qualified if the person—\nhas the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and\nis authorised by a local government for this division.\nA categorisation officer’s appointment is subject to—\nsection 85 ; and\nthe conditions stated in the document that appoints the categorisation officer.\n(sec.83-ssec.1) The chief executive officer may appoint a qualified person as a categorisation officer for this division.\n(sec.83-ssec.2) For subsection (1) , a person is qualified if the person— has the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and is authorised by a local government for this division.\n(sec.83-ssec.3) A categorisation officer’s appointment is subject to— section 85 ; and the conditions stated in the document that appoints the categorisation officer.\n- (a) has the competencies the chief executive officer considers are necessary to perform the functions that are required to be performed by the person under this division; and\n- (b) is authorised by a local government for this division.\n- (a) section 85 ; and\n- (b) the conditions stated in the document that appoints the categorisation officer.","sortOrder":111},{"sectionNumber":"sec.84","sectionType":"section","heading":"Identity card for categorisation officer","content":"### sec.84 Identity card for categorisation officer\n\nThe chief executive officer must give each categorisation officer an identity card.\nA person who stops being a categorisation officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being a categorisation officer, unless the person has a reasonable excuse.\nMaximum penalty for subsection (2) —10 penalty units.\n(sec.84-ssec.1) The chief executive officer must give each categorisation officer an identity card.\n(sec.84-ssec.2) A person who stops being a categorisation officer must return the person’s identity card to the chief executive officer, within 21 days after stopping being a categorisation officer, unless the person has a reasonable excuse. Maximum penalty for subsection (2) —10 penalty units.","sortOrder":112},{"sectionNumber":"sec.85","sectionType":"section","heading":"Exercise of power of entry","content":"### sec.85 Exercise of power of entry\n\nA categorisation officer may enter private property under this division only—\nwith the permission of the occupier of the property; or\nto ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or\nwith, and in accordance with, a warrant.\nSubject to subsection (7) , section 129 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) .\nSubject to subsections (4) and (7) , sections 130 , other than subsections (5) and (6) (a) , and 131 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) .\nHowever, a magistrate may issue a warrant for entering private property under this division only if—\nthe magistrate is satisfied—\nthe warrant is sought for entering the property for a proper purpose; and\nthe occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and\nthe warrant states the purpose for which it is issued.\nFor subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen—\nthe rating categories into which rateable land in a local government area is to be categorised to be decided;\na description for each of the rating categories to be decided;\nthe rating category for a parcel of rateable land to be identified;\nan objection against the categorisation of rateable land to be decided.\nSubject to subsection (7) , sections 126 , 136 and 137 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division.\nThe applied provisions apply as if—\na reference in the applied provisions to an authorised person were a reference to a categorisation officer; and\na reference in the applied provisions, other than section 137 of the Act , to a Local Government Act were a reference to this division; and\na reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and\na reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division.\nsections 126 (Producing authorised person’s identity card), 129 (Entering private property with, and in accordance with, the occupier’s permission), 130 (Entering private property with, and in accordance with, a warrant), 131 (Warrants—applications made electronically), 136 (Authorised person to give notice of damage) and 137 (Compensation for damage or loss caused after entry) of the Act\n(sec.85-ssec.1) A categorisation officer may enter private property under this division only— with the permission of the occupier of the property; or to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or with, and in accordance with, a warrant.\n(sec.85-ssec.2) Subject to subsection (7) , section 129 , other than subsections (2) (b) and (4) (a) (ii) , of the Act (the applied provision ) applies to a categorisation officer for entering private property under subsection (1) (a) or (b) .\n(sec.85-ssec.3) Subject to subsections (4) and (7) , sections 130 , other than subsections (5) and (6) (a) , and 131 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under subsection (1) (c) .\n(sec.85-ssec.4) However, a magistrate may issue a warrant for entering private property under this division only if— the magistrate is satisfied— the warrant is sought for entering the property for a proper purpose; and the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and the warrant states the purpose for which it is issued.\n(sec.85-ssec.5) For subsection (4) (a) (i) , a proper purpose is to enable any of the following to happen— the rating categories into which rateable land in a local government area is to be categorised to be decided; a description for each of the rating categories to be decided; the rating category for a parcel of rateable land to be identified; an objection against the categorisation of rateable land to be decided.\n(sec.85-ssec.6) Subject to subsection (7) , sections 126 , 136 and 137 of the Act (also the applied provisions ) apply to a categorisation officer for entering private property under this division.\n(sec.85-ssec.7) The applied provisions apply as if— a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and a reference in the applied provisions, other than section 137 of the Act , to a Local Government Act were a reference to this division; and a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division. sections 126 (Producing authorised person’s identity card), 129 (Entering private property with, and in accordance with, the occupier’s permission), 130 (Entering private property with, and in accordance with, a warrant), 131 (Warrants—applications made electronically), 136 (Authorised person to give notice of damage) and 137 (Compensation for damage or loss caused after entry) of the Act\n- (a) with the permission of the occupier of the property; or\n- (b) to ask the occupier of the property for permission to stay on the property to exercise the powers under this division; or\n- (c) with, and in accordance with, a warrant.\n- (a) the magistrate is satisfied— (i) the warrant is sought for entering the property for a proper purpose; and (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and\n- (i) the warrant is sought for entering the property for a proper purpose; and\n- (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and\n- (b) the warrant states the purpose for which it is issued.\n- (i) the warrant is sought for entering the property for a proper purpose; and\n- (ii) the occupier of the property has unreasonably refused a request for permission to enter the property under section 129 (2) of the Act as applied under subsection (2) ; and\n- (a) the rating categories into which rateable land in a local government area is to be categorised to be decided;\n- (b) a description for each of the rating categories to be decided;\n- (c) the rating category for a parcel of rateable land to be identified;\n- (d) an objection against the categorisation of rateable land to be decided.\n- (a) a reference in the applied provisions to an authorised person were a reference to a categorisation officer; and\n- (b) a reference in the applied provisions, other than section 137 of the Act , to a Local Government Act were a reference to this division; and\n- (c) a reference in the applied provisions to the powers under the Act were a reference to the powers under this division; and\n- (d) a reference in the applied provisions to the powers or action under chapter 5 , part 2 , division 1 of the Act were a reference to the powers or action under this division.","sortOrder":113},{"sectionNumber":"sec.86","sectionType":"section","heading":"End of appointment of categorisation officer","content":"### sec.86 End of appointment of categorisation officer\n\nA person stops being a categorisation officer—\nat the end of the term of appointment stated in the document that appointed the person; or\nif the person gives the local government a signed notice of resignation; or\nif it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position.\nThis section does not limit the ways in which a categorisation officer’s appointment ends.\n(sec.86-ssec.1) A person stops being a categorisation officer— at the end of the term of appointment stated in the document that appointed the person; or if the person gives the local government a signed notice of resignation; or if it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position.\n(sec.86-ssec.2) This section does not limit the ways in which a categorisation officer’s appointment ends.\n- (a) at the end of the term of appointment stated in the document that appointed the person; or\n- (b) if the person gives the local government a signed notice of resignation; or\n- (c) if it is a condition of the person’s appointment that the person hold another position at the same time—if the person stops holding the other position.","sortOrder":114},{"sectionNumber":"sec.87","sectionType":"section","heading":"Entering private property with notice","content":"### sec.87 Entering private property with notice\n\nFor the purpose of deciding an appeal relating to the categorisation of land, a Land Court representative may, after giving the occupier of a private property at least 14 days notice, enter the property, other than a home on the property.\nThe notice must inform the occupier of—\nthe Land Court representative’s intention to enter the property; and\nthe reason for entering the property; and\nthe day and time when the property is to be entered.\nThe Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier.\nAlso, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property.\nIf there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property.\nIn this section—\nLand Court representative means each of the following persons—\na member of the Land Court;\na person authorised in writing by a member of the Land Court for this section.\ns 87 amd 2018 SL No. 201 s 4\n(sec.87-ssec.1) For the purpose of deciding an appeal relating to the categorisation of land, a Land Court representative may, after giving the occupier of a private property at least 14 days notice, enter the property, other than a home on the property.\n(sec.87-ssec.2) The notice must inform the occupier of— the Land Court representative’s intention to enter the property; and the reason for entering the property; and the day and time when the property is to be entered.\n(sec.87-ssec.3) The Land Court representative may enter the property under subsection (1) at any reasonable time of the day without the permission of the occupier.\n(sec.87-ssec.4) Also, as soon as the Land Court representative enters the property, the representative must inform an occupier of the property of the reason for entering the property.\n(sec.87-ssec.5) If there is no occupier of the property, this section applies as if a reference to the occupier of the property were a reference to an owner of the property.\n(sec.87-ssec.6) In this section— Land Court representative means each of the following persons— a member of the Land Court; a person authorised in writing by a member of the Land Court for this section.\n- (a) the Land Court representative’s intention to enter the property; and\n- (b) the reason for entering the property; and\n- (c) the day and time when the property is to be entered.\n- (a) a member of the Land Court;\n- (b) a person authorised in writing by a member of the Land Court for this section.","sortOrder":115},{"sectionNumber":"ch.4-pt.5-div.3","sectionType":"division","heading":"Notice of categorisation of land","content":"## Notice of categorisation of land","sortOrder":116},{"sectionNumber":"sec.88","sectionType":"section","heading":"Notice to owner of categorisation","content":"### sec.88 Notice to owner of categorisation\n\nThis section applies if a local government decides to levy differential general rates on rateable land for a financial year.\nThe local government must ensure each of the following rate notices (a relevant rate notice ) is accompanied by, or contains, a rating category statement—\nthe first rate notice for the financial year given to the owner of the land;\na later rate notice for the financial year if—\nthe owner of the land has changed since the first rate notice for the financial year was issued; or\nthe rating category for the land has changed since the first rate notice for the financial year was issued.\nHowever, a rating category statement may also accompany, or be contained in, a rate notice other than a relevant rate notice.\nFor subsections (2) and (3) , see section 108 (2) for how a rating category statement may be given electronically.\nThe rating category statement is a document stating—\nthe rating categories for land in the local government area, and a description of each of the rating categories; and\nthe rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and\nthat the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the local government’s descriptions of the rating categories; and\nthat the owner may object by giving the local government an objection notice within—\n30 days after the date when the first rate notice was issued; or\na longer period that the local government allows; and\nthat the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and\nthat, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.\ns 88 amd 2017 SL No. 65 s 6\n(sec.88-ssec.1) This section applies if a local government decides to levy differential general rates on rateable land for a financial year.\n(sec.88-ssec.2) The local government must ensure each of the following rate notices (a relevant rate notice ) is accompanied by, or contains, a rating category statement— the first rate notice for the financial year given to the owner of the land; a later rate notice for the financial year if— the owner of the land has changed since the first rate notice for the financial year was issued; or the rating category for the land has changed since the first rate notice for the financial year was issued.\n(sec.88-ssec.3) However, a rating category statement may also accompany, or be contained in, a rate notice other than a relevant rate notice. For subsections (2) and (3) , see section 108 (2) for how a rating category statement may be given electronically.\n(sec.88-ssec.4) The rating category statement is a document stating— the rating categories for land in the local government area, and a description of each of the rating categories; and the rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and that the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the local government’s descriptions of the rating categories; and that the owner may object by giving the local government an objection notice within— 30 days after the date when the first rate notice was issued; or a longer period that the local government allows; and that the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and that, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.\n- (a) the first rate notice for the financial year given to the owner of the land;\n- (b) a later rate notice for the financial year if— (i) the owner of the land has changed since the first rate notice for the financial year was issued; or (ii) the rating category for the land has changed since the first rate notice for the financial year was issued.\n- (i) the owner of the land has changed since the first rate notice for the financial year was issued; or\n- (ii) the rating category for the land has changed since the first rate notice for the financial year was issued.\n- (i) the owner of the land has changed since the first rate notice for the financial year was issued; or\n- (ii) the rating category for the land has changed since the first rate notice for the financial year was issued.\n- (a) the rating categories for land in the local government area, and a description of each of the rating categories; and\n- (b) the rating category for the land (the owner’s land ) described in the rate notice accompanying or containing the rating category statement; and\n- (c) that the owner may object to the categorisation of the owner’s land only on the ground that the rating category is wrong in reference to the local government’s descriptions of the rating categories; and\n- (d) that the owner may object by giving the local government an objection notice within— (i) 30 days after the date when the first rate notice was issued; or (ii) a longer period that the local government allows; and\n- (i) 30 days after the date when the first rate notice was issued; or\n- (ii) a longer period that the local government allows; and\n- (e) that the owner is liable to pay the amount in the rate notice even if the owner gives an objection notice; and\n- (f) that, if the rating category of the owner’s land is changed because of the objection, the rates will be adjusted at that time.\n- (i) 30 days after the date when the first rate notice was issued; or\n- (ii) a longer period that the local government allows; and","sortOrder":117},{"sectionNumber":"ch.4-pt.5-div.4","sectionType":"division","heading":"Objecting to rates category","content":"## Objecting to rates category","sortOrder":118},{"sectionNumber":"sec.89","sectionType":"section","heading":"What div 4 is about","content":"### sec.89 What div 4 is about\n\nThis division is about an owner of land making an objection, or starting an appeal, relating to the rating category for the land.\nHowever, the making of an objection, or the starting of an appeal, does not stop the levying and recovery of rates on the land.\n(sec.89-ssec.1) This division is about an owner of land making an objection, or starting an appeal, relating to the rating category for the land.\n(sec.89-ssec.2) However, the making of an objection, or the starting of an appeal, does not stop the levying and recovery of rates on the land.","sortOrder":119},{"sectionNumber":"sec.90","sectionType":"section","heading":"Land owner’s objection to rates category","content":"### sec.90 Land owner’s objection to rates category\n\nThis section applies if an owner of rateable land wants to object to the rating category for the land that is stated in a rate notice for the land.\nThe only ground for objecting is that the owner considers the land should belong to a different rating category.\nThe owner may object by giving the local government an objection notice.\nAn objection notice is a document, in a form approved by the local government, stating—\nthe rating category that the owner claims the land should belong to; and\nthe facts and circumstances on which the owner makes that claim.\nThe owner must give the objection notice within—\n30 days after the day when the rate notice was issued; or\na longer period that the local government allows.\n(sec.90-ssec.1) This section applies if an owner of rateable land wants to object to the rating category for the land that is stated in a rate notice for the land.\n(sec.90-ssec.2) The only ground for objecting is that the owner considers the land should belong to a different rating category.\n(sec.90-ssec.3) The owner may object by giving the local government an objection notice.\n(sec.90-ssec.4) An objection notice is a document, in a form approved by the local government, stating— the rating category that the owner claims the land should belong to; and the facts and circumstances on which the owner makes that claim.\n(sec.90-ssec.5) The owner must give the objection notice within— 30 days after the day when the rate notice was issued; or a longer period that the local government allows.\n- (a) the rating category that the owner claims the land should belong to; and\n- (b) the facts and circumstances on which the owner makes that claim.\n- (a) 30 days after the day when the rate notice was issued; or\n- (b) a longer period that the local government allows.","sortOrder":120},{"sectionNumber":"sec.91","sectionType":"section","heading":"Decision on a land owner’s objection","content":"### sec.91 Decision on a land owner’s objection\n\nThis section applies if the owner of rateable land properly objects to the rating category for the land.\nThe chief executive officer must consider the objection and decide—\nto change the rating category for the land—\nto the rating category to which the owner claims in the objection notice the land should belong; or\nto another rating category; or\nnot to allow the objection.\nThe chief executive officer must give the owner notice of—\nthe decision; and\nthe reasons for the decision.\nThe chief executive officer must give the notice within 60 days after the objection was made.\nIf the chief executive officer decides to change the rating category of the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n(sec.91-ssec.1) This section applies if the owner of rateable land properly objects to the rating category for the land.\n(sec.91-ssec.2) The chief executive officer must consider the objection and decide— to change the rating category for the land— to the rating category to which the owner claims in the objection notice the land should belong; or to another rating category; or not to allow the objection.\n(sec.91-ssec.3) The chief executive officer must give the owner notice of— the decision; and the reasons for the decision.\n(sec.91-ssec.4) The chief executive officer must give the notice within 60 days after the objection was made.\n(sec.91-ssec.5) If the chief executive officer decides to change the rating category of the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n- (a) to change the rating category for the land— (i) to the rating category to which the owner claims in the objection notice the land should belong; or (ii) to another rating category; or\n- (i) to the rating category to which the owner claims in the objection notice the land should belong; or\n- (ii) to another rating category; or\n- (b) not to allow the objection.\n- (i) to the rating category to which the owner claims in the objection notice the land should belong; or\n- (ii) to another rating category; or\n- (a) the decision; and\n- (b) the reasons for the decision.","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":"Land owner’s appeal against decision","content":"### sec.92 Land owner’s appeal against decision\n\nThis section applies if the owner of rateable land wants to appeal against a decision of—\nthe local government not to allow a longer period for giving an objection notice; or\nthe chief executive officer on the owner’s objection to the rating category for the land.\nThe owner may appeal by filing an appeal notice in the Land Court registry, within 42 days after the day when the owner received notice of the decision.\nThe appeal notice must be in the form approved by the Land Court.\nThe owner must give a copy of the filed appeal notice to the local government, within 7 days after the appeal notice was filed.\nIf the owner fails to do so, it does not affect the making of the appeal, or the jurisdiction of the Land Court to decide the appeal, but the court may award costs against the owner for any adjournment that is caused by the owner’s failure.\n(sec.92-ssec.1) This section applies if the owner of rateable land wants to appeal against a decision of— the local government not to allow a longer period for giving an objection notice; or the chief executive officer on the owner’s objection to the rating category for the land.\n(sec.92-ssec.2) The owner may appeal by filing an appeal notice in the Land Court registry, within 42 days after the day when the owner received notice of the decision.\n(sec.92-ssec.3) The appeal notice must be in the form approved by the Land Court.\n(sec.92-ssec.4) The owner must give a copy of the filed appeal notice to the local government, within 7 days after the appeal notice was filed.\n(sec.92-ssec.5) If the owner fails to do so, it does not affect the making of the appeal, or the jurisdiction of the Land Court to decide the appeal, but the court may award costs against the owner for any adjournment that is caused by the owner’s failure.\n- (a) the local government not to allow a longer period for giving an objection notice; or\n- (b) the chief executive officer on the owner’s objection to the rating category for the land.","sortOrder":122},{"sectionNumber":"sec.93","sectionType":"section","heading":"Decision on a land owner’s appeal","content":"### sec.93 Decision on a land owner’s appeal\n\nFor an appeal under this division, the Land Court is constituted by 1 member.\nThe Land Court—\nmust conduct the appeal with a view to its prompt disposal; and\nmust observe natural justice; and\nis not bound by the rules of evidence.\nThe Land Court may decide to—\nif the appeal is against the decision of the local government not to allow a longer period for giving an objection notice—\nallow a longer period for giving an objection notice; or\nnot allow the appeal; or\nif the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land—\nchange the rating category for the land; or\nnot allow the appeal.\nIf the Land Court decides to change the rating category for the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n(sec.93-ssec.1) For an appeal under this division, the Land Court is constituted by 1 member.\n(sec.93-ssec.2) The Land Court— must conduct the appeal with a view to its prompt disposal; and must observe natural justice; and is not bound by the rules of evidence.\n(sec.93-ssec.3) The Land Court may decide to— if the appeal is against the decision of the local government not to allow a longer period for giving an objection notice— allow a longer period for giving an objection notice; or not allow the appeal; or if the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land— change the rating category for the land; or not allow the appeal.\n(sec.93-ssec.4) If the Land Court decides to change the rating category for the land, the rating category is taken to have been changed from the start of the period of the rate notice.\n- (a) must conduct the appeal with a view to its prompt disposal; and\n- (b) must observe natural justice; and\n- (c) is not bound by the rules of evidence.\n- (a) if the appeal is against the decision of the local government not to allow a longer period for giving an objection notice— (i) allow a longer period for giving an objection notice; or (ii) not allow the appeal; or\n- (i) allow a longer period for giving an objection notice; or\n- (ii) not allow the appeal; or\n- (b) if the appeal is against the decision of the chief executive officer on the owner’s objection to the rating category for the land— (i) change the rating category for the land; or (ii) not allow the appeal.\n- (i) change the rating category for the land; or\n- (ii) not allow the appeal.\n- (i) allow a longer period for giving an objection notice; or\n- (ii) not allow the appeal; or\n- (i) change the rating category for the land; or\n- (ii) not allow the appeal.","sortOrder":123},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Special rates and charges","content":"# Special rates and charges","sortOrder":124},{"sectionNumber":"sec.94","sectionType":"section","heading":"Levying special rates or charges","content":"### sec.94 Levying special rates or charges\n\nThis section applies if a local government decides to levy special rates or charges.\nSee the Act , section 92 (3) (Types of rates and charges), definition special rates and charges .\nThe local government’s resolution to levy special rates or charges must identify—\nthe rateable land to which the special rates or charges apply; and\nthe overall plan for the service, facility or activity to which the special rates or charges apply.\nThe overall plan is a document that—\ndescribes the service, facility or activity; and\nidentifies the rateable land to which the special rates or charges apply; and\nstates the estimated cost of carrying out the overall plan; and\nstates the estimated time for carrying out the overall plan.\nThe local government must adopt the overall plan before, or at the same time as, the local government first resolves to levy the special rates or charges.\nUnder an overall plan, special rates or charges may be levied for 1 or more years before any of the special rates or charges are spent in carrying out the overall plan.\nIf an overall plan is for more than 1 year, the local government must also adopt an annual implementation plan for each year.\nAn annual implementation plan for a financial year is a document setting out the actions or processes that are to be carried out in the financial year for the service, facility or activity to which the special rates or charges apply.\nThe local government must adopt the annual implementation plan before or at the budget meeting for each year of the period for carrying out the overall plan.\nThe local government may at any time, by resolution, amend—\nan overall plan; or\nan annual implementation plan.\nThe local government may fix a minimum amount of the special rates or charges.\nSubsection (12) applies if the local government decides to levy special rates or charges on particular rateable land for a service, facility or activity.\nThe amount of the special rates or charges for the particular rateable land may be different to the amount for other rateable land because, in the local government’s opinion—\nthe land or its occupier—\nspecially benefits from the service, facility or activity; or\nhas or will have special access to the service, facility or activity; or\nthe land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\nthe occupier of the land specially contributes to the need for the service, facility or activity.\nFor subsection (12) , the local government may levy the special rates or charges on any basis the local government considers appropriate.\nIn any proceedings about special rates or charges, a resolution or overall plan mentioned in subsection (2) is not invalid merely because the resolution or plan—\ndoes not identify all rateable land on which the special rates or charges could have been levied; or\nincorrectly includes rateable land on which the special rates or charges should not have been levied.\nTo remove any doubt, it is declared that a local government may make and levy a special rate or charge for a service, facility or activity whether or not supplied or undertaken by the local government itself, including a service, facility or activity supplied or undertaken by another local government—\nin the other local government’s local government area; and\nconducted as a joint government activity by the local governments.\ns 94 amd 2014 SL No. 290 s 20\n(sec.94-ssec.1) This section applies if a local government decides to levy special rates or charges. See the Act , section 92 (3) (Types of rates and charges), definition special rates and charges .\n(sec.94-ssec.2) The local government’s resolution to levy special rates or charges must identify— the rateable land to which the special rates or charges apply; and the overall plan for the service, facility or activity to which the special rates or charges apply.\n(sec.94-ssec.3) The overall plan is a document that— describes the service, facility or activity; and identifies the rateable land to which the special rates or charges apply; and states the estimated cost of carrying out the overall plan; and states the estimated time for carrying out the overall plan.\n(sec.94-ssec.4) The local government must adopt the overall plan before, or at the same time as, the local government first resolves to levy the special rates or charges.\n(sec.94-ssec.5) Under an overall plan, special rates or charges may be levied for 1 or more years before any of the special rates or charges are spent in carrying out the overall plan.\n(sec.94-ssec.6) If an overall plan is for more than 1 year, the local government must also adopt an annual implementation plan for each year.\n(sec.94-ssec.7) An annual implementation plan for a financial year is a document setting out the actions or processes that are to be carried out in the financial year for the service, facility or activity to which the special rates or charges apply.\n(sec.94-ssec.8) The local government must adopt the annual implementation plan before or at the budget meeting for each year of the period for carrying out the overall plan.\n(sec.94-ssec.9) The local government may at any time, by resolution, amend— an overall plan; or an annual implementation plan.\n(sec.94-ssec.10) The local government may fix a minimum amount of the special rates or charges.\n(sec.94-ssec.11) Subsection (12) applies if the local government decides to levy special rates or charges on particular rateable land for a service, facility or activity.\n(sec.94-ssec.12) The amount of the special rates or charges for the particular rateable land may be different to the amount for other rateable land because, in the local government’s opinion— the land or its occupier— specially benefits from the service, facility or activity; or has or will have special access to the service, facility or activity; or the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or the occupier of the land specially contributes to the need for the service, facility or activity.\n(sec.94-ssec.13) For subsection (12) , the local government may levy the special rates or charges on any basis the local government considers appropriate.\n(sec.94-ssec.14) In any proceedings about special rates or charges, a resolution or overall plan mentioned in subsection (2) is not invalid merely because the resolution or plan— does not identify all rateable land on which the special rates or charges could have been levied; or incorrectly includes rateable land on which the special rates or charges should not have been levied.\n(sec.94-ssec.15) To remove any doubt, it is declared that a local government may make and levy a special rate or charge for a service, facility or activity whether or not supplied or undertaken by the local government itself, including a service, facility or activity supplied or undertaken by another local government— in the other local government’s local government area; and conducted as a joint government activity by the local governments.\n- (a) the rateable land to which the special rates or charges apply; and\n- (b) the overall plan for the service, facility or activity to which the special rates or charges apply.\n- (a) describes the service, facility or activity; and\n- (b) identifies the rateable land to which the special rates or charges apply; and\n- (c) states the estimated cost of carrying out the overall plan; and\n- (d) states the estimated time for carrying out the overall plan.\n- (a) an overall plan; or\n- (b) an annual implementation plan.\n- (a) the land or its occupier— (i) specially benefits from the service, facility or activity; or (ii) has or will have special access to the service, facility or activity; or\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- (b) the land is or will be used in a way that specially contributes to the need for the service, facility or activity; or\n- (c) the occupier of the land specially contributes to the need for the service, facility or activity.\n- (i) specially benefits from the service, facility or activity; or\n- (ii) has or will have special access to the service, facility or activity; or\n- (a) does not identify all rateable land on which the special rates or charges could have been levied; or\n- (b) incorrectly includes rateable land on which the special rates or charges should not have been levied.\n- (a) in the other local government’s local government area; and\n- (b) conducted as a joint government activity by the local governments.","sortOrder":125},{"sectionNumber":"sec.95","sectionType":"section","heading":"Carrying special rates or charges forward to a later financial year","content":"### sec.95 Carrying special rates or charges forward to a later financial year\n\nThis section applies if a local government does not spend all of the special rates or charges that are raised in a financial year in carrying out an annual implementation plan.\nThe local government may carry the unspent special rates or charges forward for spending under an annual implementation plan in a later financial year.\n(sec.95-ssec.1) This section applies if a local government does not spend all of the special rates or charges that are raised in a financial year in carrying out an annual implementation plan.\n(sec.95-ssec.2) The local government may carry the unspent special rates or charges forward for spending under an annual implementation plan in a later financial year.","sortOrder":126},{"sectionNumber":"sec.96","sectionType":"section","heading":"Surplus special rates or charges after plan is carried out","content":"### sec.96 Surplus special rates or charges after plan is carried out\n\nThis section applies if—\na local government implements an overall plan; and\nthe local government has not spent all the special rates or charges.\nThe local government must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\nThe payments to the current owners must be in the same proportions as the special rates or charges were last levied.\n(sec.96-ssec.1) This section applies if— a local government implements an overall plan; and the local government has not spent all the special rates or charges.\n(sec.96-ssec.2) The local government must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\n(sec.96-ssec.3) The payments to the current owners must be in the same proportions as the special rates or charges were last levied.\n- (a) a local government implements an overall plan; and\n- (b) the local government has not spent all the special rates or charges.","sortOrder":127},{"sectionNumber":"sec.97","sectionType":"section","heading":"Surplus special rates or charges after plan is cancelled","content":"### sec.97 Surplus special rates or charges after plan is cancelled\n\nThis section applies if—\na local government decides to cancel an overall plan before it is carried out; and\nthe local government has not spent all the special rates or charges.\nThe local government must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\nThe local government must pay the current owners—\nif the overall plan identifies the beneficiaries of the plan—in the proportions that the local government, by resolution, decides; or\nif the overall plan does not identify the beneficiaries of the plan—in the same proportions as the special rates or charges were last levied.\nThe local government must decide the proportions having regard to—\nthe proportions in which the special rates or charges were last levied; and\nthe extent to which the rateable land, or the owners of the rateable land, will benefit from or have access to the service, facility or activity.\nThe beneficiaries of the plan are the owners of the rateable land that will benefit from or have access to the service, facility or activity.\n(sec.97-ssec.1) This section applies if— a local government decides to cancel an overall plan before it is carried out; and the local government has not spent all the special rates or charges.\n(sec.97-ssec.2) The local government must, as soon as practicable, pay the unspent special rates or charges to the current owners of the land on which the special rates or charges were levied.\n(sec.97-ssec.3) The local government must pay the current owners— if the overall plan identifies the beneficiaries of the plan—in the proportions that the local government, by resolution, decides; or if the overall plan does not identify the beneficiaries of the plan—in the same proportions as the special rates or charges were last levied.\n(sec.97-ssec.4) The local government must decide the proportions having regard to— the proportions in which the special rates or charges were last levied; and the extent to which the rateable land, or the owners of the rateable land, will benefit from or have access to the service, facility or activity.\n(sec.97-ssec.5) The beneficiaries of the plan are the owners of the rateable land that will benefit from or have access to the service, facility or activity.\n- (a) a local government decides to cancel an overall plan before it is carried out; and\n- (b) the local government has not spent all the special rates or charges.\n- (a) if the overall plan identifies the beneficiaries of the plan—in the proportions that the local government, by resolution, decides; or\n- (b) if the overall plan does not identify the beneficiaries of the plan—in the same proportions as the special rates or charges were last levied.\n- (a) the proportions in which the special rates or charges were last levied; and\n- (b) the extent to which the rateable land, or the owners of the rateable land, will benefit from or have access to the service, facility or activity.","sortOrder":128},{"sectionNumber":"sec.98","sectionType":"section","heading":"Returning special rates or charges incorrectly levied","content":"### sec.98 Returning special rates or charges incorrectly levied\n\nThis section applies if a rate notice includes special rates or charges that were levied on land to which the special rates or charges do not apply or should not have been levied.\nThe rate notice is not invalid, but the local government must, as soon as practicable, return the special rates or charges to the person who paid the special rates or charges.\ns 98 amd 2014 SL No. 290 s 21\n(sec.98-ssec.1) This section applies if a rate notice includes special rates or charges that were levied on land to which the special rates or charges do not apply or should not have been levied.\n(sec.98-ssec.2) The rate notice is not invalid, but the local government must, as soon as practicable, return the special rates or charges to the person who paid the special rates or charges.","sortOrder":129},{"sectionNumber":"ch.4-pt.7","sectionType":"part","heading":"Utility charges","content":"# Utility charges","sortOrder":130},{"sectionNumber":"sec.99","sectionType":"section","heading":"Utility charges","content":"### sec.99 Utility charges\n\nA local government may levy utility charges on any basis the local government considers appropriate.\nFor example, utility charges may be levied on the basis of any, or any combination, of the following—\nthe rateable value of land;\nthe use made of—\na particular parcel of land; or\na particular structure; or\na class of land or structure;\nany circumstances that are peculiar to the supply of a service to—\na particular parcel of land; or\na particular structure; or\na class of land or structure.\nA local government may do 1 or both of the following—\nlevy utility charges for services that have been supplied or are to be supplied during part of the financial year and part of another financial year;\nlevy differing utility charges for services that have been supplied or are to be supplied during various periods in 1 or more financial years, and decide the way the charges are to be apportioned.\nHowever, a local government may only levy utility charges for services—\nsupplied in the last financial year; or\nsupplied, or to be supplied, in the current financial year; or\nto be supplied in the next financial year.\n(sec.99-ssec.1) A local government may levy utility charges on any basis the local government considers appropriate.\n(sec.99-ssec.2) For example, utility charges may be levied on the basis of any, or any combination, of the following— the rateable value of land; the use made of— a particular parcel of land; or a particular structure; or a class of land or structure; any circumstances that are peculiar to the supply of a service to— a particular parcel of land; or a particular structure; or a class of land or structure.\n(sec.99-ssec.3) A local government may do 1 or both of the following— levy utility charges for services that have been supplied or are to be supplied during part of the financial year and part of another financial year; levy differing utility charges for services that have been supplied or are to be supplied during various periods in 1 or more financial years, and decide the way the charges are to be apportioned.\n(sec.99-ssec.4) However, a local government may only levy utility charges for services— supplied in the last financial year; or supplied, or to be supplied, in the current financial year; or to be supplied in the next financial year.\n- (a) the rateable value of land;\n- (b) the use made of— (i) a particular parcel of land; or (ii) a particular structure; or (iii) a class of land or structure;\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure;\n- (c) any circumstances that are peculiar to the supply of a service to— (i) a particular parcel of land; or (ii) a particular structure; or (iii) a class of land or structure.\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure.\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure;\n- (i) a particular parcel of land; or\n- (ii) a particular structure; or\n- (iii) a class of land or structure.\n- (a) levy utility charges for services that have been supplied or are to be supplied during part of the financial year and part of another financial year;\n- (b) levy differing utility charges for services that have been supplied or are to be supplied during various periods in 1 or more financial years, and decide the way the charges are to be apportioned.\n- (a) supplied in the last financial year; or\n- (b) supplied, or to be supplied, in the current financial year; or\n- (c) to be supplied in the next financial year.","sortOrder":131},{"sectionNumber":"sec.100","sectionType":"section","heading":"Utility charges before facilities are constructed","content":"### sec.100 Utility charges before facilities are constructed\n\nA local government may, in a financial year (the current financial year ), levy utility charges for supplying a water service or sewerage service before the facility for supplying the service has been constructed if—\nthe local government reasonably believes the service will be supplied in the next financial year; and\nthe local government—\nhas started constructing the facility; or\nintends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\nSee, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\nThe utility charges are not invalid only because the service is not supplied in the next financial year for reasons beyond the local government’s control.\nIn this section—\nsewerage service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n(sec.100-ssec.1) A local government may, in a financial year (the current financial year ), levy utility charges for supplying a water service or sewerage service before the facility for supplying the service has been constructed if— the local government reasonably believes the service will be supplied in the next financial year; and the local government— has started constructing the facility; or intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year. See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\n(sec.100-ssec.2) The utility charges are not invalid only because the service is not supplied in the next financial year for reasons beyond the local government’s control.\n(sec.100-ssec.3) In this section— sewerage service see the Water Supply (Safety and Reliability) Act 2008 , schedule 3 .\n- (a) the local government reasonably believes the service will be supplied in the next financial year; and\n- (b) the local government— (i) has started constructing the facility; or (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\n- (i) has started constructing the facility; or\n- (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.\n- (i) has started constructing the facility; or\n- (ii) intends to start constructing the facility during the next financial year, and has included the funds that are necessary for construction in its annual budget for the current financial year.","sortOrder":132},{"sectionNumber":"sec.101","sectionType":"section","heading":"Working out utility charges for water services","content":"### sec.101 Working out utility charges for water services\n\nThe utility charges for a water service must be charged—\nwholly according to the water used; or\nSee, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\npartly according to the water used, using a 2-part charge.\nThe utility charges for the water used must be worked out on the basis of—\nif the water used is not measured by a water meter—\nthe estimated average water usage of the consumers within a group of consumers who have similar water usage; or\nanother method that is appropriate to decide a consumer’s likely water usage; or\nif the water used is measured by a water meter—\nan amount for each unit, or part of a unit, of water that is used; or\na fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity.\nA local government’s utility charges are worked out on the basis of an access charge of $100 for domestic consumers, and $600 for commercial consumers, plus a usage charge of $1 for each kilolitre of water used.\nThe local government works out that—\nthe actual usage of a domestic consumer was 300kL a year; and\nthe actual usage of a commercial consumer was 2,000kL a year.\nThe utility charges for the year would be—\n$400 for the domestic consumer (i.e. $100 +[$1 x 300kL]); and\n$2,600 for the commercial consumer (i.e. $600 +[$1 x 2,000kL]).\nUtility charges for water are not invalid only because the local government does not comply with this part.\n(sec.101-ssec.1) The utility charges for a water service must be charged— wholly according to the water used; or See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 . partly according to the water used, using a 2-part charge.\n(sec.101-ssec.2) The utility charges for the water used must be worked out on the basis of— if the water used is not measured by a water meter— the estimated average water usage of the consumers within a group of consumers who have similar water usage; or another method that is appropriate to decide a consumer’s likely water usage; or if the water used is measured by a water meter— an amount for each unit, or part of a unit, of water that is used; or a fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity. A local government’s utility charges are worked out on the basis of an access charge of $100 for domestic consumers, and $600 for commercial consumers, plus a usage charge of $1 for each kilolitre of water used. The local government works out that— the actual usage of a domestic consumer was 300kL a year; and the actual usage of a commercial consumer was 2,000kL a year. The utility charges for the year would be— $400 for the domestic consumer (i.e. $100 +[$1 x 300kL]); and $2,600 for the commercial consumer (i.e. $600 +[$1 x 2,000kL]).\n(sec.101-ssec.3) Utility charges for water are not invalid only because the local government does not comply with this part.\n- (a) wholly according to the water used; or Note— See, however, the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\n- (b) partly according to the water used, using a 2-part charge.\n- (a) if the water used is not measured by a water meter— (i) the estimated average water usage of the consumers within a group of consumers who have similar water usage; or (ii) another method that is appropriate to decide a consumer’s likely water usage; or\n- (i) the estimated average water usage of the consumers within a group of consumers who have similar water usage; or\n- (ii) another method that is appropriate to decide a consumer’s likely water usage; or\n- (b) if the water used is measured by a water meter— (i) an amount for each unit, or part of a unit, of water that is used; or (ii) a fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity.\n- (i) an amount for each unit, or part of a unit, of water that is used; or\n- (ii) a fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity.\n- (i) the estimated average water usage of the consumers within a group of consumers who have similar water usage; or\n- (ii) another method that is appropriate to decide a consumer’s likely water usage; or\n- (i) an amount for each unit, or part of a unit, of water that is used; or\n- (ii) a fixed amount plus an amount for each unit, or part of a unit, of water that is used over a stated quantity.\n- (a) the actual usage of a domestic consumer was 300kL a year; and\n- (b) the actual usage of a commercial consumer was 2,000kL a year.\n- (a) $400 for the domestic consumer (i.e. $100 +[$1 x 300kL]); and\n- (b) $2,600 for the commercial consumer (i.e. $600 +[$1 x 2,000kL]).","sortOrder":133},{"sectionNumber":"sec.102","sectionType":"section","heading":"Reading meters for utility charges","content":"### sec.102 Reading meters for utility charges\n\nThis section is about the reading of meters for utility charges.\nA local government may, by resolution, decide a meter is taken to have been read during the period that starts 2 weeks before, and ends 2 weeks after, the day on which the meter is actually read.\nIn calculating utility charges for a period ending on 30 April, if a meter is read on 10 May, the meter reading is taken to be the meter reading on 30 April.\nThis section does not limit a local government’s power to make local laws about other aspects of the administration of the metered consumption of a utility service.\nA local government may make a local law to provide for water consumption to be estimated on the basis of the best information that is reasonably available if a water meter is found to be malfunctioning or inoperative during any period of consumption.\n(sec.102-ssec.1) This section is about the reading of meters for utility charges.\n(sec.102-ssec.2) A local government may, by resolution, decide a meter is taken to have been read during the period that starts 2 weeks before, and ends 2 weeks after, the day on which the meter is actually read. In calculating utility charges for a period ending on 30 April, if a meter is read on 10 May, the meter reading is taken to be the meter reading on 30 April.\n(sec.102-ssec.3) This section does not limit a local government’s power to make local laws about other aspects of the administration of the metered consumption of a utility service. A local government may make a local law to provide for water consumption to be estimated on the basis of the best information that is reasonably available if a water meter is found to be malfunctioning or inoperative during any period of consumption.","sortOrder":134},{"sectionNumber":"ch.4-pt.8","sectionType":"part","heading":"Separate rates and charges","content":"# Separate rates and charges","sortOrder":135},{"sectionNumber":"sec.103","sectionType":"section","heading":"Levying separate rates or charges","content":"### sec.103 Levying separate rates or charges\n\nThis section applies if a local government decides to levy separate rates or charges.\nFor levying rates under subsection (1) , the local government may fix a minimum amount of the rates.\nTo remove any doubt, it is declared that a local government may levy separate rates or charges for a service, facility or activity, whether or not the service, facility or activity is supplied by the local government.\n(sec.103-ssec.1) This section applies if a local government decides to levy separate rates or charges.\n(sec.103-ssec.2) For levying rates under subsection (1) , the local government may fix a minimum amount of the rates.\n(sec.103-ssec.3) To remove any doubt, it is declared that a local government may levy separate rates or charges for a service, facility or activity, whether or not the service, facility or activity is supplied by the local government.","sortOrder":136},{"sectionNumber":"ch.4-pt.9","sectionType":"part","heading":"Levying and adjusting rates and charges","content":"# Levying and adjusting rates and charges","sortOrder":137},{"sectionNumber":"ch.4-pt.9-div.1","sectionType":"division","heading":"Rate notices","content":"## Rate notices","sortOrder":138},{"sectionNumber":"sec.104","sectionType":"section","heading":"Rate notice for rates or charges","content":"### sec.104 Rate notice for rates or charges\n\nA local government may levy rates or charges only by a rate notice.\nA rate notice is a document stating—\nthe date when the rate notice is issued; and\nthe due date for payment of the rates or charges; and\nif the local government has decided a discount applies to the rates or charges—\nthe terms of the discount; and\nthe last day of the discount period; and\nif the local government has decided rates or charges may be paid by instalments—the requirements for paying by instalments; and\nthe ways in which the rates or charges may be paid.\n(sec.104-ssec.1) A local government may levy rates or charges only by a rate notice.\n(sec.104-ssec.2) A rate notice is a document stating— the date when the rate notice is issued; and the due date for payment of the rates or charges; and if the local government has decided a discount applies to the rates or charges— the terms of the discount; and the last day of the discount period; and if the local government has decided rates or charges may be paid by instalments—the requirements for paying by instalments; and the ways in which the rates or charges may be paid.\n- (a) the date when the rate notice is issued; and\n- (b) the due date for payment of the rates or charges; and\n- (c) if the local government has decided a discount applies to the rates or charges— (i) the terms of the discount; and (ii) the last day of the discount period; and\n- (i) the terms of the discount; and\n- (ii) the last day of the discount period; and\n- (d) if the local government has decided rates or charges may be paid by instalments—the requirements for paying by instalments; and\n- (e) the ways in which the rates or charges may be paid.\n- (i) the terms of the discount; and\n- (ii) the last day of the discount period; and","sortOrder":139},{"sectionNumber":"sec.105","sectionType":"section","heading":"Other amounts under rate notice","content":"### sec.105 Other amounts under rate notice\n\nA rate notice may also include an amount, other than an amount for rates or charges, payable to the local government.\na licence fee payable to the local government\nHowever, the rate notice must make it clear that—\nthe amount is not for rates or charges; and\npayment of the amount, whether before or after the end of any discount period, does not affect any discount that applies to the rates or charges.\n(sec.105-ssec.1) A rate notice may also include an amount, other than an amount for rates or charges, payable to the local government. a licence fee payable to the local government\n(sec.105-ssec.2) However, the rate notice must make it clear that— the amount is not for rates or charges; and payment of the amount, whether before or after the end of any discount period, does not affect any discount that applies to the rates or charges.\n- (a) the amount is not for rates or charges; and\n- (b) payment of the amount, whether before or after the end of any discount period, does not affect any discount that applies to the rates or charges.","sortOrder":140},{"sectionNumber":"sec.106","sectionType":"section","heading":"Entities to whom rate notice must be given","content":"### sec.106 Entities to whom rate notice must be given\n\nA rate notice must be given—\nfor services supplied to a structure, or to land that is not rateable land—to the entity who asked for the service to be supplied; and\nin any other case—to the entity who is recorded in the local government’s land record as the owner of the land on which the rates are levied.\nSee part 13 for more information on the land record.\n- (a) for services supplied to a structure, or to land that is not rateable land—to the entity who asked for the service to be supplied; and\n- (b) in any other case—to the entity who is recorded in the local government’s land record as the owner of the land on which the rates are levied. Note— See part 13 for more information on the land record.","sortOrder":141},{"sectionNumber":"sec.107","sectionType":"section","heading":"Issue of and period covered by rate notice","content":"### sec.107 Issue of and period covered by rate notice\n\nA rate notice may only be issued—\nfor utility charges, for a period of at least 1 month, that the local government considers appropriate; and\nfor other rates or charges, for the whole or part of a financial year as the local government considers appropriate.\nHowever, the rate notice for the rates mentioned in subsection (1) (b) must be issued for the same period for all ratepayers.\nIf a person who is liable to pay rates or charges for a period pays the rates or charges before the local government gives the person a rate notice for the period, the local government is not required to give the person a rate notice for the period.\nHowever, the local government must, at least once each year, issue a rate notice for each parcel of rateable land for a period of no longer than a financial year.\n(sec.107-ssec.1) A rate notice may only be issued— for utility charges, for a period of at least 1 month, that the local government considers appropriate; and for other rates or charges, for the whole or part of a financial year as the local government considers appropriate.\n(sec.107-ssec.2) However, the rate notice for the rates mentioned in subsection (1) (b) must be issued for the same period for all ratepayers.\n(sec.107-ssec.3) If a person who is liable to pay rates or charges for a period pays the rates or charges before the local government gives the person a rate notice for the period, the local government is not required to give the person a rate notice for the period.\n(sec.107-ssec.4) However, the local government must, at least once each year, issue a rate notice for each parcel of rateable land for a period of no longer than a financial year.\n- (a) for utility charges, for a period of at least 1 month, that the local government considers appropriate; and\n- (b) for other rates or charges, for the whole or part of a financial year as the local government considers appropriate.","sortOrder":142},{"sectionNumber":"sec.108","sectionType":"section","heading":"Electronic issue of rate notice and rating category statement","content":"### sec.108 Electronic issue of rate notice and rating category statement\n\nA rate notice may be given electronically to a person if—\nthe person has given consent to the notice being given electronically; and\nat the time the notice was given, it was reasonable for the local government to expect the notice would be readily accessible so as to be useable for subsequent reference by the person.\nIf a rate notice is given to a person electronically under subsection (1) , a rating category statement that must or may accompany, or be contained in, the rate notice under section 88 (2) or (3) may be given electronically to the person—\nwith the rate notice; or\nby including the rating category statement in the notice; or\nby giving the person electronic access to the rating category statement.\nproviding the person a message stating that the statement is available to read by opening a stated hyperlink\nSubsection (2) (c) applies despite section 88 (2) or (3) .\ns 108 amd 2017 SL No. 65 s 7\n(sec.108-ssec.1) A rate notice may be given electronically to a person if— the person has given consent to the notice being given electronically; and at the time the notice was given, it was reasonable for the local government to expect the notice would be readily accessible so as to be useable for subsequent reference by the person.\n(sec.108-ssec.2) If a rate notice is given to a person electronically under subsection (1) , a rating category statement that must or may accompany, or be contained in, the rate notice under section 88 (2) or (3) may be given electronically to the person— with the rate notice; or by including the rating category statement in the notice; or by giving the person electronic access to the rating category statement. providing the person a message stating that the statement is available to read by opening a stated hyperlink\n(sec.108-ssec.3) Subsection (2) (c) applies despite section 88 (2) or (3) .\n- (a) the person has given consent to the notice being given electronically; and\n- (b) at the time the notice was given, it was reasonable for the local government to expect the notice would be readily accessible so as to be useable for subsequent reference by the person.\n- (a) with the rate notice; or\n- (b) by including the rating category statement in the notice; or\n- (c) by giving the person electronic access to the rating category statement. Example for paragraph (c) — providing the person a message stating that the statement is available to read by opening a stated hyperlink","sortOrder":143},{"sectionNumber":"ch.4-pt.9-div.2","sectionType":"division","heading":"Adjusting rates or charges","content":"## Adjusting rates or charges","sortOrder":144},{"sectionNumber":"sec.109","sectionType":"section","heading":"What div 2 is about","content":"### sec.109 What div 2 is about\n\nThis division is about a local government adjusting the amount of rates or charges that have already been levied on land because particular changes happen.","sortOrder":145},{"sectionNumber":"sec.110","sectionType":"section","heading":"Land stops being rateable land","content":"### sec.110 Land stops being rateable land\n\nIf the land becomes, or stops being, rateable land, the local government must adjust the rates so that the rates are calculated only on the period when the land was rateable land.","sortOrder":146},{"sectionNumber":"sec.111","sectionType":"section","heading":"Change in value","content":"### sec.111 Change in value\n\nIf the value of the land changes under the Land Valuation Act , the local government must adjust the rates so that the rates are calculated on the new value of the land for the period that starts on the day the change takes effect under that Act.","sortOrder":147},{"sectionNumber":"sec.112","sectionType":"section","heading":"Change in rating category","content":"### sec.112 Change in rating category\n\nIf the land is given a rating category, including a change of rating category, the local government must adjust the general rates so that the rates are calculated on the new or changed rating category for the period that starts on the day the land was given the new or changed rating category.","sortOrder":148},{"sectionNumber":"sec.113","sectionType":"section","heading":"Special rates become or stop being payable","content":"### sec.113 Special rates become or stop being payable\n\nIf the land becomes, or stops being, land on which the local government may levy special rates or charges, the local government must adjust the rates or charges so that the rates or charges are calculated on the period when the land was land on which the local government could levy special rates or charges.","sortOrder":149},{"sectionNumber":"sec.114","sectionType":"section","heading":"Loss of entitlement to occupy land from State","content":"### sec.114 Loss of entitlement to occupy land from State\n\nThis section applies if—\na person is entitled to occupy land under a lease, licence or permission given by the State; and\nthe person loses the entitlement, including, for example, because the lease, licence or permission expires or is surrendered or forfeited.\nThe local government must adjust the rates or charges so that the rates or charges are calculated only for the period when the person was entitled to occupy the land.\n(sec.114-ssec.1) This section applies if— a person is entitled to occupy land under a lease, licence or permission given by the State; and the person loses the entitlement, including, for example, because the lease, licence or permission expires or is surrendered or forfeited.\n(sec.114-ssec.2) The local government must adjust the rates or charges so that the rates or charges are calculated only for the period when the person was entitled to occupy the land.\n- (a) a person is entitled to occupy land under a lease, licence or permission given by the State; and\n- (b) the person loses the entitlement, including, for example, because the lease, licence or permission expires or is surrendered or forfeited.","sortOrder":150},{"sectionNumber":"sec.115","sectionType":"section","heading":"Rates or charges paid before adjustment","content":"### sec.115 Rates or charges paid before adjustment\n\nIf the rates or charges are paid before they are adjusted, the local government—\nif the rates or charges are reduced—must refund the overpaid amount of rates or charges; or\nif the rates or charges are increased—may recover the amount of rates or charges owing.\n- (a) if the rates or charges are reduced—must refund the overpaid amount of rates or charges; or\n- (b) if the rates or charges are increased—may recover the amount of rates or charges owing.","sortOrder":151},{"sectionNumber":"ch.4-pt.9-div.3","sectionType":"division","heading":"Other matters about levying rates or charges","content":"## Other matters about levying rates or charges","sortOrder":152},{"sectionNumber":"sec.116","sectionType":"section","heading":"Limitation of increase in rates or charges levied","content":"### sec.116 Limitation of increase in rates or charges levied\n\nWhen a local government resolves to levy rates or charges, it also may resolve to limit the increase in the rates or charges.\nThe rates or charges may be limited to not more than—\nif the rates or charges for the last financial year were for a full year—\nthe rates or charges for the last financial year; or\nthe rates or charges for the last financial year, increased by a stated percentage; or\nif the rates or charges levied for the last financial year were not for a full year—\nthe corresponding annual amount for the rates or charges for the last financial year; or\nthe corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\nThe corresponding annual amount is the amount worked out by—\nconverting the amount of the rates or charges levied for the last financial year to a daily amount; and\nmultiplying the daily amount by 365.\nThe resolution may specify different percentages for—\ndifferent land or classes of land; or\ndifferent rates or charges.\n(sec.116-ssec.1) When a local government resolves to levy rates or charges, it also may resolve to limit the increase in the rates or charges.\n(sec.116-ssec.2) The rates or charges may be limited to not more than— if the rates or charges for the last financial year were for a full year— the rates or charges for the last financial year; or the rates or charges for the last financial year, increased by a stated percentage; or if the rates or charges levied for the last financial year were not for a full year— the corresponding annual amount for the rates or charges for the last financial year; or the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n(sec.116-ssec.3) The corresponding annual amount is the amount worked out by— converting the amount of the rates or charges levied for the last financial year to a daily amount; and multiplying the daily amount by 365.\n(sec.116-ssec.4) The resolution may specify different percentages for— different land or classes of land; or different rates or charges.\n- (a) if the rates or charges for the last financial year were for a full year— (i) the rates or charges for the last financial year; or (ii) the rates or charges for the last financial year, increased by a stated percentage; or\n- (i) the rates or charges for the last financial year; or\n- (ii) the rates or charges for the last financial year, increased by a stated percentage; or\n- (b) if the rates or charges levied for the last financial year were not for a full year— (i) the corresponding annual amount for the rates or charges for the last financial year; or (ii) the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n- (i) the corresponding annual amount for the rates or charges for the last financial year; or\n- (ii) the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n- (i) the rates or charges for the last financial year; or\n- (ii) the rates or charges for the last financial year, increased by a stated percentage; or\n- (i) the corresponding annual amount for the rates or charges for the last financial year; or\n- (ii) the corresponding annual amount for the rates or charges for the last financial year, increased by a stated percentage.\n- (a) converting the amount of the rates or charges levied for the last financial year to a daily amount; and\n- (b) multiplying the daily amount by 365.\n- (a) different land or classes of land; or\n- (b) different rates or charges.","sortOrder":153},{"sectionNumber":"sec.116A","sectionType":"section","heading":"Limitation of increase in rates or charges levied continues after compulsory acquisition of land","content":"### sec.116A Limitation of increase in rates or charges levied continues after compulsory acquisition of land\n\nThis section applies if—\na local government resolves, under section 116 , to limit the increase in the rates or charges levied on rateable land (a rates cap ); and\npart of the rateable land is—\ncompulsorily acquired by a government entity; or\notherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\nUntil the local government resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount.\nHowever, the resolution can not be made before the next budget meeting of the local government that occurs after the application of the rates cap.\nIn this section—\ncompulsorily acquired , for part of rateable land, means acquired under an Act, or a law of the Commonwealth, that authorises the compulsory acquisition of land by a government entity.\nland taken under the Acquisition of Land Act 1967\ndivided amount means the amount worked out by—\ndividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and\nmultiplying the amount calculated under paragraph (a) by the number of square metres of the remainder.\ngovernment entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government.\nremainder , for rateable land (part of which is acquired in a manner mentioned in subsection (1) (b) ), means that part of the rateable land not acquired.\ns 116A ins 2014 SL No. 290 s 22\n(sec.116A-ssec.1) This section applies if— a local government resolves, under section 116 , to limit the increase in the rates or charges levied on rateable land (a rates cap ); and part of the rateable land is— compulsorily acquired by a government entity; or otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n(sec.116A-ssec.2) Until the local government resolves otherwise, the rates and charges levied on the remainder are reduced to the divided amount.\n(sec.116A-ssec.3) However, the resolution can not be made before the next budget meeting of the local government that occurs after the application of the rates cap.\n(sec.116A-ssec.4) In this section— compulsorily acquired , for part of rateable land, means acquired under an Act, or a law of the Commonwealth, that authorises the compulsory acquisition of land by a government entity. land taken under the Acquisition of Land Act 1967 divided amount means the amount worked out by— dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder. government entity means the State, the Commonwealth, a local government or an entity authorised by the State, Commonwealth or a local government. remainder , for rateable land (part of which is acquired in a manner mentioned in subsection (1) (b) ), means that part of the rateable land not acquired.\n- (a) a local government resolves, under section 116 , to limit the increase in the rates or charges levied on rateable land (a rates cap ); and\n- (b) part of the rateable land is— (i) compulsorily acquired by a government entity; or (ii) otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n- (i) compulsorily acquired by a government entity; or\n- (ii) otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n- (i) compulsorily acquired by a government entity; or\n- (ii) otherwise acquired by the department administering the Transport Planning and Coordination Act 1994 .\n- (a) dividing the amount of the rates or charges levied on the rateable land by the number of square metres of the rateable land; and\n- (b) multiplying the amount calculated under paragraph (a) by the number of square metres of the remainder.","sortOrder":154},{"sectionNumber":"sec.117","sectionType":"section","heading":"Rates or charges may be levied or adjusted after end of financial year","content":"### sec.117 Rates or charges may be levied or adjusted after end of financial year\n\nA local government may levy rates or charges, or adjust a rates or charges levy in a financial year, even though the resolution for making the rates or charges was made for a previous financial year.","sortOrder":155},{"sectionNumber":"sec.118","sectionType":"section","heading":"When rates or charges must be paid","content":"### sec.118 When rates or charges must be paid\n\nA local government must decide the date by which, or the period within which, rates or charges must be paid.\nThe date by which, or the period within which, the rates or charges must be paid must be—\nat least 30 days after the rate notice for the rates or charges is issued; and\nsubject to part 10 , the same date or period for each person liable to pay the rates or charges.\nThe local government must, by resolution, make the decision at its budget meeting.\n(sec.118-ssec.1) A local government must decide the date by which, or the period within which, rates or charges must be paid.\n(sec.118-ssec.2) The date by which, or the period within which, the rates or charges must be paid must be— at least 30 days after the rate notice for the rates or charges is issued; and subject to part 10 , the same date or period for each person liable to pay the rates or charges.\n(sec.118-ssec.3) The local government must, by resolution, make the decision at its budget meeting.\n- (a) at least 30 days after the rate notice for the rates or charges is issued; and\n- (b) subject to part 10 , the same date or period for each person liable to pay the rates or charges.","sortOrder":156},{"sectionNumber":"ch.4-pt.9-div.4","sectionType":"division","heading":null,"content":"","sortOrder":157},{"sectionNumber":"sec.118A","sectionType":"section","heading":null,"content":"### Section sec.118A\n\ns 118A ins 2020 SL No. 244 s 31\nexp 30 June 2021 (see s 118B)","sortOrder":158},{"sectionNumber":"sec.118B","sectionType":"section","heading":null,"content":"### Section sec.118B\n\ns 118B ins 2020 SL No. 244 s 31\nexp 30 June 2021 (see s 118B)","sortOrder":159},{"sectionNumber":"ch.4-pt.10","sectionType":"part","heading":"Concessions","content":"# Concessions","sortOrder":160},{"sectionNumber":"sec.119","sectionType":"section","heading":"Concession for rates or charges","content":"### sec.119 Concession for rates or charges\n\nA local government may grant a ratepayer a concession for rates or charges for land only under this part.","sortOrder":161},{"sectionNumber":"sec.120","sectionType":"section","heading":"Criteria for granting concession","content":"### sec.120 Criteria for granting concession\n\nThe local government may grant the concession only if it is satisfied—\nthe land is owned or occupied by a pensioner; or\nthe land is owned by—\nan entity whose objects do not include making a profit; or\nan entity that provides assistance or encouragement for arts or cultural development; or\nthe concession is appropriate having regard to the cost of living in the locality where the land is situated; or\nthe payment of the rates or charges will cause hardship to the land owner; or\nthe concession will encourage the economic development of all or part of the local government area; or\nthe concession will encourage land that is of cultural, environmental, historic, heritage or scientific significance to the local government area to be preserved, restored or maintained; or\nthe land is used exclusively for the purpose of a single dwelling house or farming and could be used for another purpose, including, for example, a commercial or industrial purpose; or\nthe land is subject to a GHG tenure, mining tenement or petroleum tenure; or\nthe land is part of a parcel of land (a parcel ) that has been subdivided and—\nthe person who subdivided the parcel is the owner of the land; and\nthe land is not developed land.\nIn this section—\nGHG tenure see the Greenhouse Gas Storage Act 2009 , section 18 (2) .\nmining tenement see the Mineral Resources Act 1989 , schedule 2 .\npetroleum tenure means—\na petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 18 (3) ; or\nan authority to prospect or lease under the Petroleum Act 1923 .\ns 120 amd 2025 SL No. 161 s 16\n(sec.120-ssec.1) The local government may grant the concession only if it is satisfied— the land is owned or occupied by a pensioner; or the land is owned by— an entity whose objects do not include making a profit; or an entity that provides assistance or encouragement for arts or cultural development; or the concession is appropriate having regard to the cost of living in the locality where the land is situated; or the payment of the rates or charges will cause hardship to the land owner; or the concession will encourage the economic development of all or part of the local government area; or the concession will encourage land that is of cultural, environmental, historic, heritage or scientific significance to the local government area to be preserved, restored or maintained; or the land is used exclusively for the purpose of a single dwelling house or farming and could be used for another purpose, including, for example, a commercial or industrial purpose; or the land is subject to a GHG tenure, mining tenement or petroleum tenure; or the land is part of a parcel of land (a parcel ) that has been subdivided and— the person who subdivided the parcel is the owner of the land; and the land is not developed land.\n(sec.120-ssec.2) In this section— GHG tenure see the Greenhouse Gas Storage Act 2009 , section 18 (2) . mining tenement see the Mineral Resources Act 1989 , schedule 2 . petroleum tenure means— a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 18 (3) ; or an authority to prospect or lease under the Petroleum Act 1923 .\n- (a) the land is owned or occupied by a pensioner; or\n- (b) the land is owned by— (i) an entity whose objects do not include making a profit; or (ii) an entity that provides assistance or encouragement for arts or cultural development; or\n- (i) an entity whose objects do not include making a profit; or\n- (ii) an entity that provides assistance or encouragement for arts or cultural development; or\n- (c) the concession is appropriate having regard to the cost of living in the locality where the land is situated; or\n- (d) the payment of the rates or charges will cause hardship to the land owner; or\n- (e) the concession will encourage the economic development of all or part of the local government area; or\n- (f) the concession will encourage land that is of cultural, environmental, historic, heritage or scientific significance to the local government area to be preserved, restored or maintained; or\n- (g) the land is used exclusively for the purpose of a single dwelling house or farming and could be used for another purpose, including, for example, a commercial or industrial purpose; or\n- (h) the land is subject to a GHG tenure, mining tenement or petroleum tenure; or\n- (i) the land is part of a parcel of land (a parcel ) that has been subdivided and— (i) the person who subdivided the parcel is the owner of the land; and (ii) the land is not developed land.\n- (i) the person who subdivided the parcel is the owner of the land; and\n- (ii) the land is not developed land.\n- (i) an entity whose objects do not include making a profit; or\n- (ii) an entity that provides assistance or encouragement for arts or cultural development; or\n- (i) the person who subdivided the parcel is the owner of the land; and\n- (ii) the land is not developed land.\n- (a) a petroleum tenure under the Petroleum and Gas (Production and Safety) Act 2004 , section 18 (3) ; or\n- (b) an authority to prospect or lease under the Petroleum Act 1923 .","sortOrder":162},{"sectionNumber":"sec.121","sectionType":"section","heading":"Types of concession","content":"### sec.121 Types of concession\n\nThe concession may only be of the following types—\na rebate of all or part of the rates or charges;\nan agreement to defer payment of the rates or charges;\nan agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.\n- (a) a rebate of all or part of the rates or charges;\n- (b) an agreement to defer payment of the rates or charges;\n- (c) an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.","sortOrder":163},{"sectionNumber":"sec.122","sectionType":"section","heading":"Resolutions for granting concession","content":"### sec.122 Resolutions for granting concession\n\nThe local government may grant the concession only by—\na resolution granting the concession to a stated ratepayer; or\nif the concession is of a type mentioned in section 121 (a) or (b) —a resolution granting the concession to a ratepayer who is a member of a stated class of ratepayers.\nThe local government may make the resolution before the local government levies the rates or charges.\nThe local government may make a resolution under subsection (1) (a) only if the ratepayer has applied for the concession in a way accepted by the local government.\nIf the local government grants a concession by making a resolution under subsection (1) (b) , the concession may be granted only to the ratepayers whom the local government is satisfied are eligible for the concession.\nThe resolution may include conditions for granting the concession to the ratepayer.\nWithout limiting subsection (5) , the conditions may include the following—\na condition requiring the ratepayer to show the local government particular information or documents or follow a procedure to be eligible for the concession;\na condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges\na condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the local government\na condition limiting the period for which the ratepayer is granted the concession.\nfor a concession on the basis of the ratepayer’s receipt of a disability support pension, a condition limiting the concession to the period for which the ratepayer receives the pension\n(sec.122-ssec.1) The local government may grant the concession only by— a resolution granting the concession to a stated ratepayer; or if the concession is of a type mentioned in section 121 (a) or (b) —a resolution granting the concession to a ratepayer who is a member of a stated class of ratepayers.\n(sec.122-ssec.2) The local government may make the resolution before the local government levies the rates or charges.\n(sec.122-ssec.3) The local government may make a resolution under subsection (1) (a) only if the ratepayer has applied for the concession in a way accepted by the local government.\n(sec.122-ssec.4) If the local government grants a concession by making a resolution under subsection (1) (b) , the concession may be granted only to the ratepayers whom the local government is satisfied are eligible for the concession.\n(sec.122-ssec.5) The resolution may include conditions for granting the concession to the ratepayer.\n(sec.122-ssec.6) Without limiting subsection (5) , the conditions may include the following— a condition requiring the ratepayer to show the local government particular information or documents or follow a procedure to be eligible for the concession; a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the local government a condition limiting the period for which the ratepayer is granted the concession. for a concession on the basis of the ratepayer’s receipt of a disability support pension, a condition limiting the concession to the period for which the ratepayer receives the pension\n- (a) a resolution granting the concession to a stated ratepayer; or\n- (b) if the concession is of a type mentioned in section 121 (a) or (b) —a resolution granting the concession to a ratepayer who is a member of a stated class of ratepayers.\n- (a) a condition requiring the ratepayer to show the local government particular information or documents or follow a procedure to be eligible for the concession; Examples— • a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges • a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the local government\n- • a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges\n- • a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the local government\n- (b) a condition limiting the period for which the ratepayer is granted the concession. Example— for a concession on the basis of the ratepayer’s receipt of a disability support pension, a condition limiting the concession to the period for which the ratepayer receives the pension\n- • a condition requiring the ratepayer to produce a health care card or pensioner concession card to show the ratepayer’s eligibility for the concession for the rates or charges\n- • a condition requiring the ratepayer to enter an agreement to defer payment of rates or charges in a form required by the local government","sortOrder":164},{"sectionNumber":"sec.123","sectionType":"section","heading":"Special provision for rebate for land occupied by pensioners","content":"### sec.123 Special provision for rebate for land occupied by pensioners\n\nThe local government may grant a rebate of rates or charges for land occupied only by pensioners only if the land owner agrees to pass the benefit of the rebate on to the pensioners.\nThe local government may grant a rebate of rates or charges for land that is occupied by pensioners and other persons, only—\nfor that part of the rates or charges that the local government considers is fairly attributable to the part of the land where pensioners have a right to exclusive occupancy; and\nif the land owner agrees to pass the benefit of the rebate on to the pensioners.\n(sec.123-ssec.1) The local government may grant a rebate of rates or charges for land occupied only by pensioners only if the land owner agrees to pass the benefit of the rebate on to the pensioners.\n(sec.123-ssec.2) The local government may grant a rebate of rates or charges for land that is occupied by pensioners and other persons, only— for that part of the rates or charges that the local government considers is fairly attributable to the part of the land where pensioners have a right to exclusive occupancy; and if the land owner agrees to pass the benefit of the rebate on to the pensioners.\n- (a) for that part of the rates or charges that the local government considers is fairly attributable to the part of the land where pensioners have a right to exclusive occupancy; and\n- (b) if the land owner agrees to pass the benefit of the rebate on to the pensioners.","sortOrder":165},{"sectionNumber":"sec.124","sectionType":"section","heading":"Refund of rebated rates or charges already paid","content":"### sec.124 Refund of rebated rates or charges already paid\n\nThis section applies if—\nthe local government grants a rebate of rates or charges to a ratepayer or a ratepayer who is a member of a class of ratepayers; and\nthe ratepayer has already paid the rates or charges.\nThe local government must refund the amount of the rebated rates or charges to the ratepayer.\n(sec.124-ssec.1) This section applies if— the local government grants a rebate of rates or charges to a ratepayer or a ratepayer who is a member of a class of ratepayers; and the ratepayer has already paid the rates or charges.\n(sec.124-ssec.2) The local government must refund the amount of the rebated rates or charges to the ratepayer.\n- (a) the local government grants a rebate of rates or charges to a ratepayer or a ratepayer who is a member of a class of ratepayers; and\n- (b) the ratepayer has already paid the rates or charges.","sortOrder":166},{"sectionNumber":"sec.125","sectionType":"section","heading":"Special provision for agreement to defer rates or charges","content":"### sec.125 Special provision for agreement to defer rates or charges\n\nThis section applies if a concession to a ratepayer for rates or charges includes an agreement to defer the payment of the rates or charges.\nThe agreement must state either—\nfor an agreement under which the rates or charges become payable on a particular day—the due date for payment of the rates or charges; or\nfor an agreement under which the rates or charges become payable when an event happens—a description of the event and the due date for payment of the rates or charges in reference to the event.\nAn agreement provides for general rates for land to be paid at the end of a stated period after the land is transmitted to the ratepayer’s personal representative or sold.\nThe agreement may also include a condition that the ratepayer must pay an additional charge in return for the local government agreeing to defer payment of the rates or charges.\n(sec.125-ssec.1) This section applies if a concession to a ratepayer for rates or charges includes an agreement to defer the payment of the rates or charges.\n(sec.125-ssec.2) The agreement must state either— for an agreement under which the rates or charges become payable on a particular day—the due date for payment of the rates or charges; or for an agreement under which the rates or charges become payable when an event happens—a description of the event and the due date for payment of the rates or charges in reference to the event. An agreement provides for general rates for land to be paid at the end of a stated period after the land is transmitted to the ratepayer’s personal representative or sold.\n(sec.125-ssec.3) The agreement may also include a condition that the ratepayer must pay an additional charge in return for the local government agreeing to defer payment of the rates or charges.\n- (a) for an agreement under which the rates or charges become payable on a particular day—the due date for payment of the rates or charges; or\n- (b) for an agreement under which the rates or charges become payable when an event happens—a description of the event and the due date for payment of the rates or charges in reference to the event. Example— An agreement provides for general rates for land to be paid at the end of a stated period after the land is transmitted to the ratepayer’s personal representative or sold.","sortOrder":167},{"sectionNumber":"sec.126","sectionType":"section","heading":"Special provision for agreement to accept land transfer","content":"### sec.126 Special provision for agreement to accept land transfer\n\nThis section applies if a concession to a ratepayer for rates or charges includes an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.\nThe agreement must state the due date for payment of the rates or charges.\n(sec.126-ssec.1) This section applies if a concession to a ratepayer for rates or charges includes an agreement to accept a transfer of unencumbered land in full or part payment of the rates or charges.\n(sec.126-ssec.2) The agreement must state the due date for payment of the rates or charges.","sortOrder":168},{"sectionNumber":"ch.4-pt.11","sectionType":"part","heading":"Paying rates and charges","content":"# Paying rates and charges","sortOrder":169},{"sectionNumber":"sec.127","sectionType":"section","heading":"Who must pay rates and charges","content":"### sec.127 Who must pay rates and charges\n\nSubject to section 163 , the following persons are liable to pay rates and charges—\nfor rateable land—the current owner of the land, even if that owner did not own the land during the period to which the rates or charges relate;\nfor a service that is supplied to a structure, or to land that is not rateable land—the entity who asked for the service to be supplied;\nfor previously rateable land—the owner of the land immediately before it stopped being rateable land.\nPreviously rateable land is land that was, but has stopped being, rateable land because—\nthe tenure of a holding is terminated; or\nthe land is surrendered or forfeited to the State; or\nthe land is acquired by the State or the Commonwealth; or\nthe land is exempted from rating; or\nthe property description of the land no longer exists.\nIf more than 1 person is liable to pay rates or charges, all the persons are jointly and severally liable to pay the rates or charges.\n(sec.127-ssec.1) Subject to section 163 , the following persons are liable to pay rates and charges— for rateable land—the current owner of the land, even if that owner did not own the land during the period to which the rates or charges relate; for a service that is supplied to a structure, or to land that is not rateable land—the entity who asked for the service to be supplied; for previously rateable land—the owner of the land immediately before it stopped being rateable land.\n(sec.127-ssec.2) Previously rateable land is land that was, but has stopped being, rateable land because— the tenure of a holding is terminated; or the land is surrendered or forfeited to the State; or the land is acquired by the State or the Commonwealth; or the land is exempted from rating; or the property description of the land no longer exists.\n(sec.127-ssec.3) If more than 1 person is liable to pay rates or charges, all the persons are jointly and severally liable to pay the rates or charges.\n- (a) for rateable land—the current owner of the land, even if that owner did not own the land during the period to which the rates or charges relate;\n- (b) for a service that is supplied to a structure, or to land that is not rateable land—the entity who asked for the service to be supplied;\n- (c) for previously rateable land—the owner of the land immediately before it stopped being rateable land.\n- (a) the tenure of a holding is terminated; or\n- (b) the land is surrendered or forfeited to the State; or\n- (c) the land is acquired by the State or the Commonwealth; or\n- (d) the land is exempted from rating; or\n- (e) the property description of the land no longer exists.","sortOrder":170},{"sectionNumber":"sec.128","sectionType":"section","heading":"Paying part of rates and charges","content":"### sec.128 Paying part of rates and charges\n\nThis section applies if a person—\npays the local government an amount that is less than the total of all amounts mentioned in a rate notice; and\ndoes not specify which of the amounts the person is paying.\nThe local government must use the amount to pay the amounts mentioned in the rate notice in the following order—\noverdue rates or charges, starting with the rates or charges that have been overdue the longest;\nrates or charges stated in the rate notice;\namounts, other than rates or charges, that are payable to the local government.\n(sec.128-ssec.1) This section applies if a person— pays the local government an amount that is less than the total of all amounts mentioned in a rate notice; and does not specify which of the amounts the person is paying.\n(sec.128-ssec.2) The local government must use the amount to pay the amounts mentioned in the rate notice in the following order— overdue rates or charges, starting with the rates or charges that have been overdue the longest; rates or charges stated in the rate notice; amounts, other than rates or charges, that are payable to the local government.\n- (a) pays the local government an amount that is less than the total of all amounts mentioned in a rate notice; and\n- (b) does not specify which of the amounts the person is paying.\n- (a) overdue rates or charges, starting with the rates or charges that have been overdue the longest;\n- (b) rates or charges stated in the rate notice;\n- (c) amounts, other than rates or charges, that are payable to the local government.","sortOrder":171},{"sectionNumber":"sec.129","sectionType":"section","heading":"Paying rates or charges by instalments","content":"### sec.129 Paying rates or charges by instalments\n\nA local government may decide to allow ratepayers to pay rates or charges by instalments.\nThe local government must, by resolution, make the decision at its budget meeting.\nThe resolution must state—\nthe periods for payment of each instalment of the rates or charges; and\nany other requirements for paying the rates or charges by instalments.\nThe requirements may include a requirement for the ratepayer to pay an additional charge in return for paying the rates or charges by instalments.\nThe resolution may state a discount for paying an instalment of the rates or charges within the period for paying the instalment.\n(sec.129-ssec.1) A local government may decide to allow ratepayers to pay rates or charges by instalments.\n(sec.129-ssec.2) The local government must, by resolution, make the decision at its budget meeting.\n(sec.129-ssec.3) The resolution must state— the periods for payment of each instalment of the rates or charges; and any other requirements for paying the rates or charges by instalments.\n(sec.129-ssec.4) The requirements may include a requirement for the ratepayer to pay an additional charge in return for paying the rates or charges by instalments.\n(sec.129-ssec.5) The resolution may state a discount for paying an instalment of the rates or charges within the period for paying the instalment.\n- (a) the periods for payment of each instalment of the rates or charges; and\n- (b) any other requirements for paying the rates or charges by instalments.","sortOrder":172},{"sectionNumber":"sec.130","sectionType":"section","heading":"Discount for prompt payment of rates or charges","content":"### sec.130 Discount for prompt payment of rates or charges\n\nA local government may decide to allow a discount for payment of rates or charges before the end of the discount period.\nThe amount of the discount and the discount period may differ for different rating categories of rateable land.\nThe discount period is a period that ends on or before the due date for payment.\n1 month before the due date for payment\na period of 1 month ending 2 weeks before the due date for payment\nThe local government must, by resolution, make the decision at its budget meeting.\nThe resolution must state—\nwhether the discount is to be—\na fixed amount; or\na percentage of the rates or charges; and\nif the discount is to be a fixed amount—the amount; and\nif the discount is to be a percentage of the rates or charges—the percentage; and\nwhether the discount applies only if—\nother rates or charges are paid; or\nan amount, including any interest on the amount, is paid for work that was performed by the local government under a remedial notice issued under the Act ; and\nthe discount period.\nThe local government may allow more than 1 discount period for rates or charges only if the local government’s resolution—\nstates more than 1 discount period for the rates or charges; and\nallows a different discount for each discount period.\nThe local government may, by resolution, change the discount period to end on a later day (the new discount day ).\nHowever, if the discount period is changed under subsection (7) , the local government must also, by resolution, change the due date for payment to a later day that is no earlier than the new discount day.\nIf the local government decides to allow a discount for a discount period, it must allow the discount to all ratepayers who pay the rates or charges before the end of the discount period.\nIf a local government is satisfied a ratepayer has been prevented, by circumstances beyond their control, from paying the rates or charges in time to get a discount, the local government may still allow the discount.\nA ratepayer is not entitled to a discount for paying in full rates or charges for land by the end of a discount period if other rates or charges for the land are overdue.\n(sec.130-ssec.1) A local government may decide to allow a discount for payment of rates or charges before the end of the discount period.\n(sec.130-ssec.2) The amount of the discount and the discount period may differ for different rating categories of rateable land.\n(sec.130-ssec.3) The discount period is a period that ends on or before the due date for payment. 1 month before the due date for payment a period of 1 month ending 2 weeks before the due date for payment\n(sec.130-ssec.4) The local government must, by resolution, make the decision at its budget meeting.\n(sec.130-ssec.5) The resolution must state— whether the discount is to be— a fixed amount; or a percentage of the rates or charges; and if the discount is to be a fixed amount—the amount; and if the discount is to be a percentage of the rates or charges—the percentage; and whether the discount applies only if— other rates or charges are paid; or an amount, including any interest on the amount, is paid for work that was performed by the local government under a remedial notice issued under the Act ; and the discount period.\n(sec.130-ssec.6) The local government may allow more than 1 discount period for rates or charges only if the local government’s resolution— states more than 1 discount period for the rates or charges; and allows a different discount for each discount period.\n(sec.130-ssec.7) The local government may, by resolution, change the discount period to end on a later day (the new discount day ).\n(sec.130-ssec.8) However, if the discount period is changed under subsection (7) , the local government must also, by resolution, change the due date for payment to a later day that is no earlier than the new discount day.\n(sec.130-ssec.9) If the local government decides to allow a discount for a discount period, it must allow the discount to all ratepayers who pay the rates or charges before the end of the discount period.\n(sec.130-ssec.10) If a local government is satisfied a ratepayer has been prevented, by circumstances beyond their control, from paying the rates or charges in time to get a discount, the local government may still allow the discount.\n(sec.130-ssec.11) A ratepayer is not entitled to a discount for paying in full rates or charges for land by the end of a discount period if other rates or charges for the land are overdue.\n- • 1 month before the due date for payment\n- • a period of 1 month ending 2 weeks before the due date for payment\n- (a) whether the discount is to be— (i) a fixed amount; or (ii) a percentage of the rates or charges; and\n- (i) a fixed amount; or\n- (ii) a percentage of the rates or charges; and\n- (b) if the discount is to be a fixed amount—the amount; and\n- (c) if the discount is to be a percentage of the rates or charges—the percentage; and\n- (d) whether the discount applies only if— (i) other rates or charges are paid; or (ii) an amount, including any interest on the amount, is paid for work that was performed by the local government under a remedial notice issued under the Act ; and\n- (i) other rates or charges are paid; or\n- (ii) an amount, including any interest on the amount, is paid for work that was performed by the local government under a remedial notice issued under the Act ; and\n- (e) the discount period.\n- (i) a fixed amount; or\n- (ii) a percentage of the rates or charges; and\n- (i) other rates or charges are paid; or\n- (ii) an amount, including any interest on the amount, is paid for work that was performed by the local government under a remedial notice issued under the Act ; and\n- (a) states more than 1 discount period for the rates or charges; and\n- (b) allows a different discount for each discount period.","sortOrder":173},{"sectionNumber":"sec.131","sectionType":"section","heading":"Other benefits for prompt payment","content":"### sec.131 Other benefits for prompt payment\n\nA local government may give a benefit that is not a discount as an inducement for payment of rates or charges before the due date for payment.\nfree use of the local government’s services, facilities or activities\nan opportunity to win a donated car, holiday or other prize\n- • free use of the local government’s services, facilities or activities\n- • an opportunity to win a donated car, holiday or other prize","sortOrder":174},{"sectionNumber":"ch.4-pt.12","sectionType":"part","heading":"Overdue rates and charges","content":"# Overdue rates and charges","sortOrder":175},{"sectionNumber":"ch.4-pt.12-div.1","sectionType":"division","heading":"General provisions","content":"## General provisions","sortOrder":176},{"sectionNumber":"sec.132","sectionType":"section","heading":"What are overdue rates or charges and when do they become overdue","content":"### sec.132 What are overdue rates or charges and when do they become overdue\n\nOverdue rates or charges are made up of—\neither of the following—\nsubject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rate notice;\nif a ratepayer is granted a concession for rates or charges of a type mentioned in section 121 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\nif the local government takes the ratepayer to court to recover rates or charges and the court orders the ratepayer to pay the council’s costs—the costs; and\nif the local government decides to sell land under section 140 and the land is not sold within 1 year after the local government gives the registered owner a notice of intention to sell—the expenses incurred by the local government in relation to selling the land; and\nthe interest, if interest is payable, on the rates or charges, or costs.\nSubject to subsection (3) , the rates or charges mentioned in subsection (1) (a) (i) become overdue on the day after the due date for payment of the rates or charges stated in the rate notice.\nSubject to subsections (4) to (6) , the rates or charges mentioned in subsection (1) (a) (ii) become overdue on the day after the due date for payment of the rates or charges stated in the agreement to which the concession relates.\nSubsection (5) applies if—\nrates or charges are not paid before the due date stated in the rate notice for the rates or charges; and\na concession of a type mentioned in section 121 (b) or (c) is granted after the due date; and\nthe rates or charges are not paid by the due date stated in the agreement to which the concession relates.\nThe rates or charges are taken to have become overdue on the day after the due date stated in the rate notice for the rates or charges.\nIf an agreement deferring payment of rates or charges includes a condition about when the rates or charges become payable, the rates or charges can become overdue only if the condition is satisfied.\nAn agreement to defer payment of general rates for land provides that the rates become payable within a stated period after the land is sold. The rates or charges can become overdue only if the land is sold.\nThe expenses mentioned in subsection (1) (c) become overdue 1 year after the notice of intention to sell is given to the registered owner.\ns 132 amd 2013 SL No. 86 s 7 ; 2020 SL No. 244 s 32\n(sec.132-ssec.1) Overdue rates or charges are made up of— either of the following— subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rate notice; if a ratepayer is granted a concession for rates or charges of a type mentioned in section 121 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and if the local government takes the ratepayer to court to recover rates or charges and the court orders the ratepayer to pay the council’s costs—the costs; and if the local government decides to sell land under section 140 and the land is not sold within 1 year after the local government gives the registered owner a notice of intention to sell—the expenses incurred by the local government in relation to selling the land; and the interest, if interest is payable, on the rates or charges, or costs.\n(sec.132-ssec.2) Subject to subsection (3) , the rates or charges mentioned in subsection (1) (a) (i) become overdue on the day after the due date for payment of the rates or charges stated in the rate notice.\n(sec.132-ssec.3) Subject to subsections (4) to (6) , the rates or charges mentioned in subsection (1) (a) (ii) become overdue on the day after the due date for payment of the rates or charges stated in the agreement to which the concession relates.\n(sec.132-ssec.4) Subsection (5) applies if— rates or charges are not paid before the due date stated in the rate notice for the rates or charges; and a concession of a type mentioned in section 121 (b) or (c) is granted after the due date; and the rates or charges are not paid by the due date stated in the agreement to which the concession relates.\n(sec.132-ssec.5) The rates or charges are taken to have become overdue on the day after the due date stated in the rate notice for the rates or charges.\n(sec.132-ssec.6) If an agreement deferring payment of rates or charges includes a condition about when the rates or charges become payable, the rates or charges can become overdue only if the condition is satisfied. An agreement to defer payment of general rates for land provides that the rates become payable within a stated period after the land is sold. The rates or charges can become overdue only if the land is sold.\n(sec.132-ssec.7) The expenses mentioned in subsection (1) (c) become overdue 1 year after the notice of intention to sell is given to the registered owner.\n- (a) either of the following— (i) subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rate notice; (ii) if a ratepayer is granted a concession for rates or charges of a type mentioned in section 121 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\n- (i) subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rate notice;\n- (ii) if a ratepayer is granted a concession for rates or charges of a type mentioned in section 121 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\n- (b) if the local government takes the ratepayer to court to recover rates or charges and the court orders the ratepayer to pay the council’s costs—the costs; and\n- (c) if the local government decides to sell land under section 140 and the land is not sold within 1 year after the local government gives the registered owner a notice of intention to sell—the expenses incurred by the local government in relation to selling the land; and\n- (d) the interest, if interest is payable, on the rates or charges, or costs.\n- (i) subject to subparagraph (ii) , rates or charges that are not paid by the due date for payment stated in the rate notice;\n- (ii) if a ratepayer is granted a concession for rates or charges of a type mentioned in section 121 (b) or (c) —rates or charges that are not paid by the due date stated in the agreement to which the concession relates; and\n- (a) rates or charges are not paid before the due date stated in the rate notice for the rates or charges; and\n- (b) a concession of a type mentioned in section 121 (b) or (c) is granted after the due date; and\n- (c) the rates or charges are not paid by the due date stated in the agreement to which the concession relates.","sortOrder":177},{"sectionNumber":"sec.133","sectionType":"section","heading":"Interest on overdue rates or charges","content":"### sec.133 Interest on overdue rates or charges\n\nInterest is payable on overdue rates or charges from—\nthe day the rates or charges become overdue; or\na later day decided by the local government.\nInterest must be calculated—\non daily rests and as compound interest; or\nin another way the local government decides, if an equal or lower amount will be payable.\nThe rate of interest payable is—\nfor a day before 1 July 2019—an annual rate, of not more than 11%, decided by the local government; or\nfor a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the local government.\nA decision of the local government under this section must—\napply equally to all ratepayers; and\nfor a decision under subsection (3) (b) —be made by resolution at the local government’s budget meeting for the financial year that includes the day to which the decision relates.\nIn this section—\nbank bill yield rate , for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of March in the financial year immediately before the financial year in which the day occurs.\nThe monthly average yield of 90-day bank accepted bills can be accessed on the Reserve Bank of Australia’s website.\nprescribed rate , for a day, means the rate that is the sum of—\nthe bank bill yield rate for the day, rounded to 2 decimal places; and\n8%.\ns 133 sub 2019 SL No. 39 s 12\n(sec.133-ssec.1) Interest is payable on overdue rates or charges from— the day the rates or charges become overdue; or a later day decided by the local government.\n(sec.133-ssec.2) Interest must be calculated— on daily rests and as compound interest; or in another way the local government decides, if an equal or lower amount will be payable.\n(sec.133-ssec.3) The rate of interest payable is— for a day before 1 July 2019—an annual rate, of not more than 11%, decided by the local government; or for a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the local government.\n(sec.133-ssec.4) A decision of the local government under this section must— apply equally to all ratepayers; and for a decision under subsection (3) (b) —be made by resolution at the local government’s budget meeting for the financial year that includes the day to which the decision relates.\n(sec.133-ssec.5) In this section— bank bill yield rate , for a day, means the monthly average yield of 90-day bank accepted bills published by the Reserve Bank of Australia for the month of March in the financial year immediately before the financial year in which the day occurs. The monthly average yield of 90-day bank accepted bills can be accessed on the Reserve Bank of Australia’s website. prescribed rate , for a day, means the rate that is the sum of— the bank bill yield rate for the day, rounded to 2 decimal places; and 8%.\n- (a) the day the rates or charges become overdue; or\n- (b) a later day decided by the local government.\n- (a) on daily rests and as compound interest; or\n- (b) in another way the local government decides, if an equal or lower amount will be payable.\n- (a) for a day before 1 July 2019—an annual rate, of not more than 11%, decided by the local government; or\n- (b) for a day on or after 1 July 2019—an annual rate, of not more than the prescribed rate for the day, decided by the local government.\n- (a) apply equally to all ratepayers; and\n- (b) for a decision under subsection (3) (b) —be made by resolution at the local government’s budget meeting for the financial year that includes the day to which the decision relates.\n- (a) the bank bill yield rate for the day, rounded to 2 decimal places; and\n- (b) 8%.","sortOrder":178},{"sectionNumber":"ch.4-pt.12-div.2","sectionType":"division","heading":"Court proceedings for overdue rates or charges","content":"## Court proceedings for overdue rates or charges","sortOrder":179},{"sectionNumber":"sec.134","sectionType":"section","heading":"Court proceedings for overdue rates or charges","content":"### sec.134 Court proceedings for overdue rates or charges\n\nA local government may recover overdue rates or charges by bringing court proceedings for a debt against a person who is liable to pay the overdue rates or charges.\nIf the local government does so, but does not recover all of the overdue rates or charges from the person, the local government may recover the remaining overdue rates or charges from any other person who is liable to pay the overdue rates or charges (for example, a joint owner).\nIf a court orders a person to pay overdue rates or charges, and the person fails to comply with the court order, the person is not liable to imprisonment for the failure.\n(sec.134-ssec.1) A local government may recover overdue rates or charges by bringing court proceedings for a debt against a person who is liable to pay the overdue rates or charges.\n(sec.134-ssec.2) If the local government does so, but does not recover all of the overdue rates or charges from the person, the local government may recover the remaining overdue rates or charges from any other person who is liable to pay the overdue rates or charges (for example, a joint owner).\n(sec.134-ssec.3) If a court orders a person to pay overdue rates or charges, and the person fails to comply with the court order, the person is not liable to imprisonment for the failure.","sortOrder":180},{"sectionNumber":"sec.135","sectionType":"section","heading":"Selling or acquiring land ends liability for overdue rates or charges","content":"### sec.135 Selling or acquiring land ends liability for overdue rates or charges\n\nIf a local government sells or acquires land for overdue rates or charges, the local government can not start or continue any court proceedings to recover the overdue rates or charges.","sortOrder":181},{"sectionNumber":"ch.4-pt.12-div.3","sectionType":"division","heading":"Selling or acquiring land for overdue rates or charges","content":"## Selling or acquiring land for overdue rates or charges","sortOrder":182},{"sectionNumber":"sec.136","sectionType":"section","heading":"What div 3 is about","content":"### sec.136 What div 3 is about\n\nThis division is about the power of a local government to sell or acquire land for overdue rates or charges.","sortOrder":183},{"sectionNumber":"sec.137","sectionType":"section","heading":"Reference to market value","content":"### sec.137 Reference to market value\n\nA reference in this division to the market value of land includes a reference to the market value of the land and any improvements on the land.\nA written report about the market value of land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government is evidence of the market value of the land.\n(sec.137-ssec.1) A reference in this division to the market value of land includes a reference to the market value of the land and any improvements on the land.\n(sec.137-ssec.2) A written report about the market value of land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government is evidence of the market value of the land.","sortOrder":184},{"sectionNumber":"sec.138","sectionType":"section","heading":"Selling land that is subject to a State encumbrance","content":"### sec.138 Selling land that is subject to a State encumbrance\n\nThis section applies if—\na local government intends to sell land under this subdivision; and\nthe land is subject to a State encumbrance.\nA State encumbrance is an encumbrance on land that gives the State or a government entity an interest in the land, including, for example—\na mortgage; or\nan interest that arises under a Housing Act contract.\nThe local government must give the State or government entity that has the interest in the land under the State encumbrance a notice of the local government’s intention to sell the land, before the local government sells the land.\nThe local government may sell the land only—\nsubject to the State encumbrance; or\nfree of the State encumbrance to the extent, and on any conditions (the sale conditions ), to which the State or government entity agrees.\nIf the land is subject to an interest arising under a Housing Act contract, the local government may sell the land free of the interest only if the sale conditions include a condition that the local government pays the State an amount for—\nthe State’s interest in the land; and\nany amount that is owing to the State under the contract.\n(sec.138-ssec.1) This section applies if— a local government intends to sell land under this subdivision; and the land is subject to a State encumbrance.\n(sec.138-ssec.2) A State encumbrance is an encumbrance on land that gives the State or a government entity an interest in the land, including, for example— a mortgage; or an interest that arises under a Housing Act contract.\n(sec.138-ssec.3) The local government must give the State or government entity that has the interest in the land under the State encumbrance a notice of the local government’s intention to sell the land, before the local government sells the land.\n(sec.138-ssec.4) The local government may sell the land only— subject to the State encumbrance; or free of the State encumbrance to the extent, and on any conditions (the sale conditions ), to which the State or government entity agrees.\n(sec.138-ssec.5) If the land is subject to an interest arising under a Housing Act contract, the local government may sell the land free of the interest only if the sale conditions include a condition that the local government pays the State an amount for— the State’s interest in the land; and any amount that is owing to the State under the contract.\n- (a) a local government intends to sell land under this subdivision; and\n- (b) the land is subject to a State encumbrance.\n- (a) a mortgage; or\n- (b) an interest that arises under a Housing Act contract.\n- (a) subject to the State encumbrance; or\n- (b) free of the State encumbrance to the extent, and on any conditions (the sale conditions ), to which the State or government entity agrees.\n- (a) the State’s interest in the land; and\n- (b) any amount that is owing to the State under the contract.","sortOrder":185},{"sectionNumber":"sec.139","sectionType":"section","heading":"Selling land that is subject to other restrictions","content":"### sec.139 Selling land that is subject to other restrictions\n\nThis section applies if—\na local government intends to sell land under this subdivision; and\nthe land is held on a tenure that requires the holder of the land to have—\nparticular qualifications; or\nthe agreement or permission of a particular government entity.\nThe local government may sell the land only to a person who has—\nthe particular qualifications; or\nthe agreement or permission of the government entity.\n(sec.139-ssec.1) This section applies if— a local government intends to sell land under this subdivision; and the land is held on a tenure that requires the holder of the land to have— particular qualifications; or the agreement or permission of a particular government entity.\n(sec.139-ssec.2) The local government may sell the land only to a person who has— the particular qualifications; or the agreement or permission of the government entity.\n- (a) a local government intends to sell land under this subdivision; and\n- (b) the land is held on a tenure that requires the holder of the land to have— (i) particular qualifications; or (ii) the agreement or permission of a particular government entity.\n- (i) particular qualifications; or\n- (ii) the agreement or permission of a particular government entity.\n- (i) particular qualifications; or\n- (ii) the agreement or permission of a particular government entity.\n- (a) the particular qualifications; or\n- (b) the agreement or permission of the government entity.","sortOrder":186},{"sectionNumber":"sec.140","sectionType":"section","heading":"Notice of intention to sell land for overdue rates or charges","content":"### sec.140 Notice of intention to sell land for overdue rates or charges\n\nThis section applies if—\nthere are overdue rates or charges on land; and\nthe liability to pay the overdue rates or charges is not the subject of court proceedings; and\nsome or all of the overdue rates or charges have been overdue for at least—\ngenerally—3 years; or\nif the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or\nif the rates or charges were levied on a mining claim—3 months.\nThe local government may, by resolution, decide to sell the land.\nIf the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to sell the land.\nA notice of intention to sell is a document, signed by the chief executive officer, stating—\nthat the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and\nthe day on which the resolution was made; and\nthe terms of the resolution; and\na description of the location and size of the land, as shown in the local government’s land record; and\ndetails of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and\ndetails of the interest that is owing on the overdue rates or charges, as at the date of the notice, including—\ndetails of the rate at which interest is payable on the rates or charges; and\na description of the way the interest is calculated; and\nthe total amount of overdue rates or charges and the interest, as at the date of the notice; and\na copy, or a general outline, of sections 141 to 144 .\n(sec.140-ssec.1) This section applies if— there are overdue rates or charges on land; and the liability to pay the overdue rates or charges is not the subject of court proceedings; and some or all of the overdue rates or charges have been overdue for at least— generally—3 years; or if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or if the rates or charges were levied on a mining claim—3 months.\n(sec.140-ssec.2) The local government may, by resolution, decide to sell the land.\n(sec.140-ssec.3) If the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to sell the land.\n(sec.140-ssec.4) A notice of intention to sell is a document, signed by the chief executive officer, stating— that the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and the day on which the resolution was made; and the terms of the resolution; and a description of the location and size of the land, as shown in the local government’s land record; and details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— details of the rate at which interest is payable on the rates or charges; and a description of the way the interest is calculated; and the total amount of overdue rates or charges and the interest, as at the date of the notice; and a copy, or a general outline, of sections 141 to 144 .\n- (a) there are overdue rates or charges on land; and\n- (b) the liability to pay the overdue rates or charges is not the subject of court proceedings; and\n- (c) some or all of the overdue rates or charges have been overdue for at least— (i) generally—3 years; or (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or (iii) if the rates or charges were levied on a mining claim—3 months.\n- (i) generally—3 years; or\n- (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or\n- (iii) if the rates or charges were levied on a mining claim—3 months.\n- (i) generally—3 years; or\n- (ii) if the rates or charges were levied on vacant land or land used only for commercial purposes, and the local government has obtained judgment for the overdue rates or charges—1 year; or\n- (iii) if the rates or charges were levied on a mining claim—3 months.\n- (a) that the local government has, by resolution, decided under this section to sell land for overdue rates or charges; and\n- (b) the day on which the resolution was made; and\n- (c) the terms of the resolution; and\n- (d) a description of the location and size of the land, as shown in the local government’s land record; and\n- (e) details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges have been unpaid; and\n- (f) details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— (i) details of the rate at which interest is payable on the rates or charges; and (ii) a description of the way the interest is calculated; and\n- (i) details of the rate at which interest is payable on the rates or charges; and\n- (ii) a description of the way the interest is calculated; and\n- (g) the total amount of overdue rates or charges and the interest, as at the date of the notice; and\n- (h) a copy, or a general outline, of sections 141 to 144 .\n- (i) details of the rate at which interest is payable on the rates or charges; and\n- (ii) a description of the way the interest is calculated; and","sortOrder":187},{"sectionNumber":"sec.141","sectionType":"section","heading":"When procedures for selling land must start and end","content":"### sec.141 When procedures for selling land must start and end\n\nThis section applies if—\na local government decides to sell land under this subdivision for overdue rates and charges and gives the registered owner of the land a notice of intention to sell the land; and\nthe overdue rates or charges are not paid in full within—\ngenerally—3 months after the local government gives the notice of intention to sell the land; or\nif the rates or charges were levied on a mining claim—1 month after the local government gives the notice of intention to sell the land.\nThe local government must start the procedures mentioned in section 142 (4) for selling the land within 6 months after the local government gives the notice of intention to sell the land to the registered owner of the land.\nThe local government must end the procedures at the earliest of the following—\nthe local government is paid—\nthe amount of the overdue rates or charges; and\nall expenses that the local government incurs in attempting to sell the land;\nthe land is sold;\n1 year after the notice of intention to sell is given to the registered owner.\nIf the local government ends the procedures under subsection (3) (c) , nothing in this section prevents the local government from deciding to sell the land again under section 140 (2) .\ns 141 amd 2020 SL No. 244 s 33\n(sec.141-ssec.1) This section applies if— a local government decides to sell land under this subdivision for overdue rates and charges and gives the registered owner of the land a notice of intention to sell the land; and the overdue rates or charges are not paid in full within— generally—3 months after the local government gives the notice of intention to sell the land; or if the rates or charges were levied on a mining claim—1 month after the local government gives the notice of intention to sell the land.\n(sec.141-ssec.2) The local government must start the procedures mentioned in section 142 (4) for selling the land within 6 months after the local government gives the notice of intention to sell the land to the registered owner of the land.\n(sec.141-ssec.3) The local government must end the procedures at the earliest of the following— the local government is paid— the amount of the overdue rates or charges; and all expenses that the local government incurs in attempting to sell the land; the land is sold; 1 year after the notice of intention to sell is given to the registered owner.\n(sec.141-ssec.4) If the local government ends the procedures under subsection (3) (c) , nothing in this section prevents the local government from deciding to sell the land again under section 140 (2) .\n- (a) a local government decides to sell land under this subdivision for overdue rates and charges and gives the registered owner of the land a notice of intention to sell the land; and\n- (b) the overdue rates or charges are not paid in full within— (i) generally—3 months after the local government gives the notice of intention to sell the land; or (ii) if the rates or charges were levied on a mining claim—1 month after the local government gives the notice of intention to sell the land.\n- (i) generally—3 months after the local government gives the notice of intention to sell the land; or\n- (ii) if the rates or charges were levied on a mining claim—1 month after the local government gives the notice of intention to sell the land.\n- (i) generally—3 months after the local government gives the notice of intention to sell the land; or\n- (ii) if the rates or charges were levied on a mining claim—1 month after the local government gives the notice of intention to sell the land.\n- (a) the local government is paid— (i) the amount of the overdue rates or charges; and (ii) all expenses that the local government incurs in attempting to sell the land;\n- (i) the amount of the overdue rates or charges; and\n- (ii) all expenses that the local government incurs in attempting to sell the land;\n- (b) the land is sold;\n- (c) 1 year after the notice of intention to sell is given to the registered owner.\n- (i) the amount of the overdue rates or charges; and\n- (ii) all expenses that the local government incurs in attempting to sell the land;","sortOrder":188},{"sectionNumber":"sec.142","sectionType":"section","heading":"Procedures for selling land","content":"### sec.142 Procedures for selling land\n\nThis section sets out the procedures that a local government must follow when selling land for overdue rates or charges.\nThe local government must first offer the land for sale by auction.\nThe local government must prepare an auction notice.\nAt least 14 days, but not more than 35 days, before the day of the auction, the local government must—\ngive a copy of the auction notice to everyone who was given a notice of intention to sell the land; and\npublish the auction notice on the local government’s website; and\ndisplay the auction notice in a conspicuous place in the local government’s public office, until the day of the auction; and\ndisplay the auction notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\ntake all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land.\npublish the auction notice in a newspaper that is circulating generally in the local government area or on a real estate trading website\nHowever, if—\nthe land is a building unit; and\nit is not practicable to display the auction notice in a conspicuous place on the land;\nthe notice may be displayed in a conspicuous part of the common property for the building units.\nIn this section—\nauction notice , for a sale of land by auction, means a written notice stating—\nthe day, time and place of the auction; and\na full description of the land.\ns 142 amd 2020 SL No. 244 s 34\n(sec.142-ssec.1) This section sets out the procedures that a local government must follow when selling land for overdue rates or charges.\n(sec.142-ssec.2) The local government must first offer the land for sale by auction.\n(sec.142-ssec.3) The local government must prepare an auction notice.\n(sec.142-ssec.4) At least 14 days, but not more than 35 days, before the day of the auction, the local government must— give a copy of the auction notice to everyone who was given a notice of intention to sell the land; and publish the auction notice on the local government’s website; and display the auction notice in a conspicuous place in the local government’s public office, until the day of the auction; and display the auction notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and take all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land. publish the auction notice in a newspaper that is circulating generally in the local government area or on a real estate trading website\n(sec.142-ssec.5) However, if— the land is a building unit; and it is not practicable to display the auction notice in a conspicuous place on the land; the notice may be displayed in a conspicuous part of the common property for the building units.\n(sec.142-ssec.6) In this section— auction notice , for a sale of land by auction, means a written notice stating— the day, time and place of the auction; and a full description of the land.\n- (a) give a copy of the auction notice to everyone who was given a notice of intention to sell the land; and\n- (b) publish the auction notice on the local government’s website; and\n- (c) display the auction notice in a conspicuous place in the local government’s public office, until the day of the auction; and\n- (d) display the auction notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\n- (e) take all reasonable steps to publish the auction notice in another way to notify the public about the sale of the land. Examples of other ways to publish the auction notice— publish the auction notice in a newspaper that is circulating generally in the local government area or on a real estate trading website\n- (a) the land is a building unit; and\n- (b) it is not practicable to display the auction notice in a conspicuous place on the land;\n- (a) the day, time and place of the auction; and\n- (b) a full description of the land.","sortOrder":189},{"sectionNumber":"sec.143","sectionType":"section","heading":"Conduct of auction","content":"### sec.143 Conduct of auction\n\nThe local government must set a reserve price for the land at the auction that is at least—\nthe market value of the land; or\nthe higher of the following—\nthe amount of overdue rates or charges on the land;\nthe value of the land.\nIf the reserve price for the land is not reached at the auction, the local government may enter into negotiations with any bidder who attended the auction to sell the land by agreement.\nHowever, the price for the land under the agreement must not be less than the reserve price for the land.\ns 143 amd 2020 SL No. 244 s 35\n(sec.143-ssec.1) The local government must set a reserve price for the land at the auction that is at least— the market value of the land; or the higher of the following— the amount of overdue rates or charges on the land; the value of the land.\n(sec.143-ssec.2) If the reserve price for the land is not reached at the auction, the local government may enter into negotiations with any bidder who attended the auction to sell the land by agreement.\n(sec.143-ssec.3) However, the price for the land under the agreement must not be less than the reserve price for the land.\n- (a) the market value of the land; or\n- (b) the higher of the following— (i) the amount of overdue rates or charges on the land; (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.","sortOrder":190},{"sectionNumber":"sec.144","sectionType":"section","heading":"Procedures for selling land by another auction or negotiation","content":"### sec.144 Procedures for selling land by another auction or negotiation\n\nThe local government may, after the day of the auction, decide to continue to offer the land for sale by another auction, or sale by negotiation, under this section.\nThe local government must end any negotiations entered into under section 143 (2) when it makes a decision under subsection (1) .\nSections 142 (3) to (5) and 143 apply to the preparation and conduct of any subsequent sale by auction under this section.\nThe local government must prepare a sales notice if it decides to offer the land for sale by negotiation under this section.\nThe local government must—\ngive a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and\npublish the sales notice on the local government’s website; and\ndisplay the sales notice in a conspicuous place in the local government’s public office; and\ndisplay the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\ntake all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land.\npublish the sales notice in a newspaper that is circulating generally in the local government area or on a real estate trading website\nHowever, if—\nthe land is a building unit; and\nit is not practicable to display the sales notice in a conspicuous place on the land;\nthe notice may be displayed in a conspicuous part of the common property for the building units.\nThe local government must ensure that the price for land offered for sale by negotiation under this section is at least—\nthe market value of the land; or\nthe higher of the following—\nthe amount of overdue rates or charges on the land;\nthe value of the land.\nIn this section—\nsales notice , for a sale of land by negotiation, means a written notice stating—\nthe land is for sale by negotiation; and\na full description of the land.\ns 144 sub 2020 SL No. 244 s 36\n(sec.144-ssec.1) The local government may, after the day of the auction, decide to continue to offer the land for sale by another auction, or sale by negotiation, under this section.\n(sec.144-ssec.2) The local government must end any negotiations entered into under section 143 (2) when it makes a decision under subsection (1) .\n(sec.144-ssec.3) Sections 142 (3) to (5) and 143 apply to the preparation and conduct of any subsequent sale by auction under this section.\n(sec.144-ssec.4) The local government must prepare a sales notice if it decides to offer the land for sale by negotiation under this section.\n(sec.144-ssec.5) The local government must— give a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and publish the sales notice on the local government’s website; and display the sales notice in a conspicuous place in the local government’s public office; and display the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and take all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land. publish the sales notice in a newspaper that is circulating generally in the local government area or on a real estate trading website\n(sec.144-ssec.6) However, if— the land is a building unit; and it is not practicable to display the sales notice in a conspicuous place on the land; the notice may be displayed in a conspicuous part of the common property for the building units.\n(sec.144-ssec.7) The local government must ensure that the price for land offered for sale by negotiation under this section is at least— the market value of the land; or the higher of the following— the amount of overdue rates or charges on the land; the value of the land.\n(sec.144-ssec.8) In this section— sales notice , for a sale of land by negotiation, means a written notice stating— the land is for sale by negotiation; and a full description of the land.\n- (a) give a copy of the sales notice to each interested party who was given a notice of intention to sell the land; and\n- (b) publish the sales notice on the local government’s website; and\n- (c) display the sales notice in a conspicuous place in the local government’s public office; and\n- (d) display the sales notice in a conspicuous place on the land unless it is not reasonably practicable to do so because the land is in a remote location or difficult to access; and\n- (e) take all reasonable steps to publish the sales notice in another way to notify the public about the sale of the land. Examples of other ways to publish the sales notice— publish the sales notice in a newspaper that is circulating generally in the local government area or on a real estate trading website\n- (a) the land is a building unit; and\n- (b) it is not practicable to display the sales notice in a conspicuous place on the land;\n- (a) the market value of the land; or\n- (b) the higher of the following— (i) the amount of overdue rates or charges on the land; (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.\n- (i) the amount of overdue rates or charges on the land;\n- (ii) the value of the land.\n- (a) the land is for sale by negotiation; and\n- (b) a full description of the land.","sortOrder":191},{"sectionNumber":"sec.145","sectionType":"section","heading":"Procedures after sale of land","content":"### sec.145 Procedures after sale of land\n\nThis section applies if land is sold under this subdivision.\nThe local government must give the registrar of titles an appropriate form stating—\nthat the land has been sold under this subdivision; and\nthe full description of the land; and\nthe full name and address of the purchaser of the land; and\nthe purchase price of the land.\nAn appropriate form is a form approved by the registrar of titles for lodgement in the land registry to record the transfer of land to a purchaser.\nAfter receiving the appropriate form, the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances.\nThe registrar of titles may register the transfer even though the appropriate form is not accompanied by the instrument of title for the land.\nAlso, the registrar of titles—\nneed not inquire whether the local government has complied with this subdivision; and\nis not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.\ns 145 amd 2020 SL No. 244 s 37\n(sec.145-ssec.1) This section applies if land is sold under this subdivision.\n(sec.145-ssec.2) The local government must give the registrar of titles an appropriate form stating— that the land has been sold under this subdivision; and the full description of the land; and the full name and address of the purchaser of the land; and the purchase price of the land.\n(sec.145-ssec.3) An appropriate form is a form approved by the registrar of titles for lodgement in the land registry to record the transfer of land to a purchaser.\n(sec.145-ssec.4) After receiving the appropriate form, the registrar of titles must register the transfer of the interest of the registered owner to the purchaser free of all encumbrances.\n(sec.145-ssec.5) The registrar of titles may register the transfer even though the appropriate form is not accompanied by the instrument of title for the land.\n(sec.145-ssec.6) Also, the registrar of titles— need not inquire whether the local government has complied with this subdivision; and is not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.\n- (a) that the land has been sold under this subdivision; and\n- (b) the full description of the land; and\n- (c) the full name and address of the purchaser of the land; and\n- (d) the purchase price of the land.\n- (a) need not inquire whether the local government has complied with this subdivision; and\n- (b) is not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.","sortOrder":192},{"sectionNumber":"sec.146","sectionType":"section","heading":"Application of proceeds of sale","content":"### sec.146 Application of proceeds of sale\n\nThe local government must use the proceeds of the sale of the land in the following order—\nto pay any amount agreed for the release of a State encumbrance under section 138 (4) (b) or (5) ;\nto pay the expenses of the sale;\nadministrative costs incurred by the local government\nto pay land tax owing on the day of sale;\nto pay the overdue rates or charges for the land;\nto pay any other amounts relating to the land that the owner of the land owed the local government immediately before the sale;\nto pay any rates or charges, other than overdue rates or charges, for the land;\nto pay any registered encumbrances, other than State encumbrances, in order of their priority under the Land Title Act ;\nto pay any body corporate fees that the owner of the land owed immediately before the sale;\nto pay the person who owned the land immediately before the sale.\nIf any of the proceeds of sale remain unclaimed after 2 years, the local government must pay the proceeds to the public trustee as unclaimed money.\ns 146 amd 2013 SL No. 16 s 5\n(sec.146-ssec.1) The local government must use the proceeds of the sale of the land in the following order— to pay any amount agreed for the release of a State encumbrance under section 138 (4) (b) or (5) ; to pay the expenses of the sale; administrative costs incurred by the local government to pay land tax owing on the day of sale; to pay the overdue rates or charges for the land; to pay any other amounts relating to the land that the owner of the land owed the local government immediately before the sale; to pay any rates or charges, other than overdue rates or charges, for the land; to pay any registered encumbrances, other than State encumbrances, in order of their priority under the Land Title Act ; to pay any body corporate fees that the owner of the land owed immediately before the sale; to pay the person who owned the land immediately before the sale.\n(sec.146-ssec.2) If any of the proceeds of sale remain unclaimed after 2 years, the local government must pay the proceeds to the public trustee as unclaimed money.\n- (a) to pay any amount agreed for the release of a State encumbrance under section 138 (4) (b) or (5) ;\n- (b) to pay the expenses of the sale; Example of expenses of the sale— administrative costs incurred by the local government\n- (c) to pay land tax owing on the day of sale;\n- (d) to pay the overdue rates or charges for the land;\n- (e) to pay any other amounts relating to the land that the owner of the land owed the local government immediately before the sale;\n- (f) to pay any rates or charges, other than overdue rates or charges, for the land;\n- (g) to pay any registered encumbrances, other than State encumbrances, in order of their priority under the Land Title Act ;\n- (h) to pay any body corporate fees that the owner of the land owed immediately before the sale;\n- (i) to pay the person who owned the land immediately before the sale.","sortOrder":193},{"sectionNumber":"sec.147","sectionType":"section","heading":"Local government’s failure to comply with this subdivision","content":"### sec.147 Local government’s failure to comply with this subdivision\n\nThis section applies if a local government fails to comply with this subdivision.\nNo person may make a claim against an indemnity fund that is administered by the State for—\nany dealing with the land under this subdivision; or\nthe registration of an interest in the land under this subdivision.\nHowever, this section does not protect—\nthe local government from liability for any loss that is caused by the local government’s failure to comply with this subdivision; or\na person who commits fraud or wilful default from liability for any loss that is caused by the person’s fraud or wilful default.\n(sec.147-ssec.1) This section applies if a local government fails to comply with this subdivision.\n(sec.147-ssec.2) No person may make a claim against an indemnity fund that is administered by the State for— any dealing with the land under this subdivision; or the registration of an interest in the land under this subdivision.\n(sec.147-ssec.3) However, this section does not protect— the local government from liability for any loss that is caused by the local government’s failure to comply with this subdivision; or a person who commits fraud or wilful default from liability for any loss that is caused by the person’s fraud or wilful default.\n- (a) any dealing with the land under this subdivision; or\n- (b) the registration of an interest in the land under this subdivision.\n- (a) the local government from liability for any loss that is caused by the local government’s failure to comply with this subdivision; or\n- (b) a person who commits fraud or wilful default from liability for any loss that is caused by the person’s fraud or wilful default.","sortOrder":194},{"sectionNumber":"sec.148","sectionType":"section","heading":"Application of sdiv 3","content":"### sec.148 Application of sdiv 3\n\nThis subdivision applies if—\nthere are overdue rates or charges on land in a local government area; and\nthe liability to pay the overdue rates or charges is not the subject of court proceedings; and\nsome of the overdue rates or charges have been overdue for at least 3 years; and\nthe person who is liable to pay the overdue rates or charges has an interest in the land that a corporation is not prohibited from holding (for example, a life interest in land); and\neither of the following applies—\nthe total amount of the overdue rates or charges is more than the value of the land and the land is considered to be—\nvalueless; or\nof so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\nthe total amount of the overdue rates or charges is more than the market value of the land.\n- (a) there are overdue rates or charges on land in a local government area; and\n- (b) the liability to pay the overdue rates or charges is not the subject of court proceedings; and\n- (c) some of the overdue rates or charges have been overdue for at least 3 years; and\n- (d) the person who is liable to pay the overdue rates or charges has an interest in the land that a corporation is not prohibited from holding (for example, a life interest in land); and\n- (e) either of the following applies— (i) the total amount of the overdue rates or charges is more than the value of the land and the land is considered to be— (A) valueless; or (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges; (ii) the total amount of the overdue rates or charges is more than the market value of the land.\n- (i) the total amount of the overdue rates or charges is more than the value of the land and the land is considered to be— (A) valueless; or (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (A) valueless; or\n- (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (ii) the total amount of the overdue rates or charges is more than the market value of the land.\n- (i) the total amount of the overdue rates or charges is more than the value of the land and the land is considered to be— (A) valueless; or (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (A) valueless; or\n- (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;\n- (ii) the total amount of the overdue rates or charges is more than the market value of the land.\n- (A) valueless; or\n- (B) of so little value that, if it were sold, the proceeds of the sale would be less than the amount of the overdue rates or charges;","sortOrder":195},{"sectionNumber":"sec.149","sectionType":"section","heading":"Requirements for notice of intention to acquire land","content":"### sec.149 Requirements for notice of intention to acquire land\n\nThe local government may, by resolution, decide to acquire the land.\nIf the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to acquire the land.\nA notice of intention to acquire is a document, signed by the chief executive officer, stating—\nthat the local government has, by resolution, decided to acquire land for overdue rates or charges, under this section; and\nthe day on which the resolution was made; and\nthe terms of the resolution; and\na description of the location and size of the land, as shown in the local government’s land record; and\ndetails of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges are unpaid; and\ndetails of the interest that is owing on the overdue rates or charges, as at the date of the notice, including—\ndetails of the rate at which interest is accruing; and\na description of the way that the interest is calculated; and\nthe total amount of the overdue rates or charges and the interest, as at the date of the notice; and\na copy, or general outline, of this section and sections 150 and 151 .\n(sec.149-ssec.1) The local government may, by resolution, decide to acquire the land.\n(sec.149-ssec.2) If the local government does so, the local government must, as soon as practicable, give all interested parties a notice of intention to acquire the land.\n(sec.149-ssec.3) A notice of intention to acquire is a document, signed by the chief executive officer, stating— that the local government has, by resolution, decided to acquire land for overdue rates or charges, under this section; and the day on which the resolution was made; and the terms of the resolution; and a description of the location and size of the land, as shown in the local government’s land record; and details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges are unpaid; and details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— details of the rate at which interest is accruing; and a description of the way that the interest is calculated; and the total amount of the overdue rates or charges and the interest, as at the date of the notice; and a copy, or general outline, of this section and sections 150 and 151 .\n- (a) that the local government has, by resolution, decided to acquire land for overdue rates or charges, under this section; and\n- (b) the day on which the resolution was made; and\n- (c) the terms of the resolution; and\n- (d) a description of the location and size of the land, as shown in the local government’s land record; and\n- (e) details of the overdue rates or charges for the land, as at the date of the notice, including details of the period for which the rates or charges are unpaid; and\n- (f) details of the interest that is owing on the overdue rates or charges, as at the date of the notice, including— (i) details of the rate at which interest is accruing; and (ii) a description of the way that the interest is calculated; and\n- (i) details of the rate at which interest is accruing; and\n- (ii) a description of the way that the interest is calculated; and\n- (g) the total amount of the overdue rates or charges and the interest, as at the date of the notice; and\n- (h) a copy, or general outline, of this section and sections 150 and 151 .\n- (i) details of the rate at which interest is accruing; and\n- (ii) a description of the way that the interest is calculated; and","sortOrder":196},{"sectionNumber":"sec.150","sectionType":"section","heading":"Time to start procedures to acquire","content":"### sec.150 Time to start procedures to acquire\n\nThis section applies if—\na local government gives, under section 149 , a notice of intention to acquire land for overdue rates or charges; and\nthe overdue rates or charges are not paid in full within 6 months after the local government gives the notice of intention to acquire the land.\nThe local government may start the procedures for acquiring the land.\nHowever, the local government must end the procedures for acquiring the land if the local government is paid—\nthe amount of the overdue rates or charges; and\nall expenses that the local government incurs in attempting to acquire the land.\n(sec.150-ssec.1) This section applies if— a local government gives, under section 149 , a notice of intention to acquire land for overdue rates or charges; and the overdue rates or charges are not paid in full within 6 months after the local government gives the notice of intention to acquire the land.\n(sec.150-ssec.2) The local government may start the procedures for acquiring the land.\n(sec.150-ssec.3) However, the local government must end the procedures for acquiring the land if the local government is paid— the amount of the overdue rates or charges; and all expenses that the local government incurs in attempting to acquire the land.\n- (a) a local government gives, under section 149 , a notice of intention to acquire land for overdue rates or charges; and\n- (b) the overdue rates or charges are not paid in full within 6 months after the local government gives the notice of intention to acquire the land.\n- (a) the amount of the overdue rates or charges; and\n- (b) all expenses that the local government incurs in attempting to acquire the land.","sortOrder":197},{"sectionNumber":"sec.151","sectionType":"section","heading":"Acquisition procedures","content":"### sec.151 Acquisition procedures\n\nThis section sets out the procedures that a local government must follow when acquiring land for overdue rates or charges.\nThe local government must—\ndischarge the overdue rates or charges payable for the land; and\ngive the registrar of titles a request, in the appropriate form, to record the local government as the registered owner of the land.\nAfter receiving the request, the registrar of titles must record the local government as the registered owner of the land free of all encumbrances other than any State encumbrances.\nThe registrar of titles—\nmay record the local government as the registered owner of the land even if the request is not accompanied by the instrument of title for the land; and\nneed not inquire whether the local government has complied with this subdivision; and\nis not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.\nWhen the registrar of titles has recorded the local government as the registered owner of the land, the local government must remove the reference to the land from the land record.\nIn this section—\nappropriate form see the Land Title Act , schedule 2 .\n(sec.151-ssec.1) This section sets out the procedures that a local government must follow when acquiring land for overdue rates or charges.\n(sec.151-ssec.2) The local government must— discharge the overdue rates or charges payable for the land; and give the registrar of titles a request, in the appropriate form, to record the local government as the registered owner of the land.\n(sec.151-ssec.3) After receiving the request, the registrar of titles must record the local government as the registered owner of the land free of all encumbrances other than any State encumbrances.\n(sec.151-ssec.4) The registrar of titles— may record the local government as the registered owner of the land even if the request is not accompanied by the instrument of title for the land; and need not inquire whether the local government has complied with this subdivision; and is not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.\n(sec.151-ssec.5) When the registrar of titles has recorded the local government as the registered owner of the land, the local government must remove the reference to the land from the land record.\n(sec.151-ssec.6) In this section— appropriate form see the Land Title Act , schedule 2 .\n- (a) discharge the overdue rates or charges payable for the land; and\n- (b) give the registrar of titles a request, in the appropriate form, to record the local government as the registered owner of the land.\n- (a) may record the local government as the registered owner of the land even if the request is not accompanied by the instrument of title for the land; and\n- (b) need not inquire whether the local government has complied with this subdivision; and\n- (c) is not affected by actual or constructive notice of any failure by the local government to comply with this subdivision.","sortOrder":198},{"sectionNumber":"ch.4-pt.12-div.4","sectionType":"division","heading":"State pays overdue rates or charges","content":"## State pays overdue rates or charges","sortOrder":199},{"sectionNumber":"sec.152","sectionType":"section","heading":"Satisfaction on termination of tenure","content":"### sec.152 Satisfaction on termination of tenure\n\nThis section applies if—\na local government is owed rates or charges on land; and\nthe tenure of a holding is terminated for all or part of the land; and\nthe State receives an amount from an incoming holder of all or part of the land.\nAfter retaining any amount owing to the State, the State may pay the local government an amount for the rates or charges.\n(sec.152-ssec.1) This section applies if— a local government is owed rates or charges on land; and the tenure of a holding is terminated for all or part of the land; and the State receives an amount from an incoming holder of all or part of the land.\n(sec.152-ssec.2) After retaining any amount owing to the State, the State may pay the local government an amount for the rates or charges.\n- (a) a local government is owed rates or charges on land; and\n- (b) the tenure of a holding is terminated for all or part of the land; and\n- (c) the State receives an amount from an incoming holder of all or part of the land.","sortOrder":200},{"sectionNumber":"ch.4-pt.13","sectionType":"part","heading":"Land record of local government","content":"# Land record of local government","sortOrder":201},{"sectionNumber":"ch.4-pt.13-div.1","sectionType":"division","heading":"Land record","content":"## Land record","sortOrder":202},{"sectionNumber":"sec.153","sectionType":"section","heading":"What pt 13 is about","content":"### sec.153 What pt 13 is about\n\nThis part is about a local government’s land record.\nA local government uses a land record to identify who is responsible for paying rates or charges for land.\n(sec.153-ssec.1) This part is about a local government’s land record.\n(sec.153-ssec.2) A local government uses a land record to identify who is responsible for paying rates or charges for land.","sortOrder":203},{"sectionNumber":"sec.154","sectionType":"section","heading":"Land record to be kept","content":"### sec.154 Land record to be kept\n\nA local government must keep a land record.\nA land record contains the following information for each parcel of rateable land in its area—\nthe name and postal address of the owner of the land;\na description of the land, including its location and size;\nits value and the day of effect of the relevant valuation under the Land Valuation Act ;\ninformation about rates or charges for the land, including about the following—\nthe type and amounts of rates or charges levied on the land;\nif differential general rates are levied—the rating category of the land;\nthe date of each levy and the due date for payment;\nthe period for which the rates or charges are levied;\nthe financial year to which the rates or charges apply;\nconcessions granted or discounts given for payment of rates or charges;\npayment of rates or charges by instalments;\nany overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges;\nthe date when rates or charges are paid;\nany other information that the local government considers appropriate.\n(sec.154-ssec.1) A local government must keep a land record.\n(sec.154-ssec.2) A land record contains the following information for each parcel of rateable land in its area— the name and postal address of the owner of the land; a description of the land, including its location and size; its value and the day of effect of the relevant valuation under the Land Valuation Act ; information about rates or charges for the land, including about the following— the type and amounts of rates or charges levied on the land; if differential general rates are levied—the rating category of the land; the date of each levy and the due date for payment; the period for which the rates or charges are levied; the financial year to which the rates or charges apply; concessions granted or discounts given for payment of rates or charges; payment of rates or charges by instalments; any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges; the date when rates or charges are paid; any other information that the local government considers appropriate.\n- (a) the name and postal address of the owner of the land;\n- (b) a description of the land, including its location and size;\n- (c) its value and the day of effect of the relevant valuation under the Land Valuation Act ;\n- (d) information about rates or charges for the land, including about the following— (i) the type and amounts of rates or charges levied on the land; (ii) if differential general rates are levied—the rating category of the land; (iii) the date of each levy and the due date for payment; (iv) the period for which the rates or charges are levied; (v) the financial year to which the rates or charges apply; (vi) concessions granted or discounts given for payment of rates or charges; (vii) payment of rates or charges by instalments; (viii) any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges; (ix) the date when rates or charges are paid;\n- (i) the type and amounts of rates or charges levied on the land;\n- (ii) if differential general rates are levied—the rating category of the land;\n- (iii) the date of each levy and the due date for payment;\n- (iv) the period for which the rates or charges are levied;\n- (v) the financial year to which the rates or charges apply;\n- (vi) concessions granted or discounts given for payment of rates or charges;\n- (vii) payment of rates or charges by instalments;\n- (viii) any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges;\n- (ix) the date when rates or charges are paid;\n- (e) any other information that the local government considers appropriate.\n- (i) the type and amounts of rates or charges levied on the land;\n- (ii) if differential general rates are levied—the rating category of the land;\n- (iii) the date of each levy and the due date for payment;\n- (iv) the period for which the rates or charges are levied;\n- (v) the financial year to which the rates or charges apply;\n- (vi) concessions granted or discounts given for payment of rates or charges;\n- (vii) payment of rates or charges by instalments;\n- (viii) any overdue rates or charges, accrued interest on overdue rates or charges and the interest rate applying to overdue rates or charges;\n- (ix) the date when rates or charges are paid;","sortOrder":204},{"sectionNumber":"sec.155","sectionType":"section","heading":"Public may inspect land record","content":"### sec.155 Public may inspect land record\n\nThe public may, on payment of the reasonable fee decided by a local government, inspect the land record kept by the local government.\nHowever, the following persons may inspect particulars of land in the land record free of charge—\nan owner, lessee or occupier of—\nthe land; or\nadjoining land;\nthe agent of an owner, lessee or occupier of—\nthe land; or\nadjoining land.\nThe agent must produce, to the local government, written evidence of the agent’s appointment.\nThe local government may—\nprovide a person with access to an electronic or paper copy of the land record or part of the land record; or\ngive a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile.\nThe local government must not include a person’s name and address for service in the land record when it is open to inspection if—\nthe local government has been given a notice about the person under the Land Valuation Act , section 204 ; and\nthe relevant suppression direction under that Act is still in effect.\n(sec.155-ssec.1) The public may, on payment of the reasonable fee decided by a local government, inspect the land record kept by the local government.\n(sec.155-ssec.2) However, the following persons may inspect particulars of land in the land record free of charge— an owner, lessee or occupier of— the land; or adjoining land; the agent of an owner, lessee or occupier of— the land; or adjoining land.\n(sec.155-ssec.3) The agent must produce, to the local government, written evidence of the agent’s appointment.\n(sec.155-ssec.4) The local government may— provide a person with access to an electronic or paper copy of the land record or part of the land record; or give a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile.\n(sec.155-ssec.5) The local government must not include a person’s name and address for service in the land record when it is open to inspection if— the local government has been given a notice about the person under the Land Valuation Act , section 204 ; and the relevant suppression direction under that Act is still in effect.\n- (a) an owner, lessee or occupier of— (i) the land; or (ii) adjoining land;\n- (i) the land; or\n- (ii) adjoining land;\n- (b) the agent of an owner, lessee or occupier of— (i) the land; or (ii) adjoining land.\n- (i) the land; or\n- (ii) adjoining land.\n- (i) the land; or\n- (ii) adjoining land;\n- (i) the land; or\n- (ii) adjoining land.\n- (a) provide a person with access to an electronic or paper copy of the land record or part of the land record; or\n- (b) give a person an electronic or paper copy of the land record or part of the land record, including, for example, by sending it by post, email or facsimile.\n- (a) the local government has been given a notice about the person under the Land Valuation Act , section 204 ; and\n- (b) the relevant suppression direction under that Act is still in effect.","sortOrder":205},{"sectionNumber":"sec.156","sectionType":"section","heading":"Amending land record","content":"### sec.156 Amending land record\n\nThe chief executive officer must ensure the particulars contained in the land record are amended whenever necessary to ensure the land record is correct and up to date.\nIf an amendment of the land record changes the rates or charges that are or may be levied on land, the chief executive officer must, as soon as practicable, give the ratepayer an amendment notice about the amendment.\nAn amendment notice is a notice that states the following matters—\nthe amendment of the land record and how the amendment changes the rates or charges that are or may be levied on land;\nthe reasons for the amendment of the land record;\nthe ratepayer has a right to have the amendment of the land record reviewed by QCAT;\nhow, and the period within which, the ratepayer may apply for the review;\nany right the ratepayer has to have the operation of the decision stayed under the QCAT Act , section 22 .\nSubsection (2) does not apply to an amendment of the land record that is made because of an annual valuation of all rateable land in a local government area by the valuation authority.\ns 156 amd 2018 SL No. 201 s 5\n(sec.156-ssec.1) The chief executive officer must ensure the particulars contained in the land record are amended whenever necessary to ensure the land record is correct and up to date.\n(sec.156-ssec.2) If an amendment of the land record changes the rates or charges that are or may be levied on land, the chief executive officer must, as soon as practicable, give the ratepayer an amendment notice about the amendment.\n(sec.156-ssec.3) An amendment notice is a notice that states the following matters— the amendment of the land record and how the amendment changes the rates or charges that are or may be levied on land; the reasons for the amendment of the land record; the ratepayer has a right to have the amendment of the land record reviewed by QCAT; how, and the period within which, the ratepayer may apply for the review; any right the ratepayer has to have the operation of the decision stayed under the QCAT Act , section 22 .\n(sec.156-ssec.4) Subsection (2) does not apply to an amendment of the land record that is made because of an annual valuation of all rateable land in a local government area by the valuation authority.\n- (a) the amendment of the land record and how the amendment changes the rates or charges that are or may be levied on land;\n- (b) the reasons for the amendment of the land record;\n- (c) the ratepayer has a right to have the amendment of the land record reviewed by QCAT;\n- (d) how, and the period within which, the ratepayer may apply for the review;\n- (e) any right the ratepayer has to have the operation of the decision stayed under the QCAT Act , section 22 .","sortOrder":206},{"sectionNumber":"sec.157","sectionType":"section","heading":"Evidence of land record","content":"### sec.157 Evidence of land record\n\nIn any court proceedings in which the liability for rates or charges is relevant, a certified extract of the land record is evidence that—\nthe valuation recorded in the extract was properly made; and\nthe information about the rates or charges recorded in the extract is correct; and\nthe person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.\nIn this section—\nA certified extract is a document that—\npurports to be a copy of an entry in the land record; and\nis certified by the chief executive officer to be a true copy of the entry in the land record.\n(sec.157-ssec.1) In any court proceedings in which the liability for rates or charges is relevant, a certified extract of the land record is evidence that— the valuation recorded in the extract was properly made; and the information about the rates or charges recorded in the extract is correct; and the person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.\n(sec.157-ssec.2) In this section— A certified extract is a document that— purports to be a copy of an entry in the land record; and is certified by the chief executive officer to be a true copy of the entry in the land record.\n- (a) the valuation recorded in the extract was properly made; and\n- (b) the information about the rates or charges recorded in the extract is correct; and\n- (c) the person recorded in the extract as the owner of the land is liable to pay the rates or charges levied on the land.\n- (a) purports to be a copy of an entry in the land record; and\n- (b) is certified by the chief executive officer to be a true copy of the entry in the land record.","sortOrder":207},{"sectionNumber":"ch.4-pt.13-div.2","sectionType":"division","heading":"Review of decisions by QCAT to amend land record","content":"## Review of decisions by QCAT to amend land record","sortOrder":208},{"sectionNumber":"sec.158","sectionType":"section","heading":"Who may apply for review","content":"### sec.158 Who may apply for review\n\nA person dissatisfied with an amendment of a land record, other than a removal of land that has been acquired by a local government, may apply, as provided under the QCAT Act , to QCAT for a review of the amendment.","sortOrder":209},{"sectionNumber":"sec.159","sectionType":"section","heading":"Powers of QCAT on review","content":"### sec.159 Powers of QCAT on review\n\nIn deciding the review, QCAT may—\nconfirm the amendment; or\nset aside the amendment and order the particulars previously contained in the land record be restored.\n- (a) confirm the amendment; or\n- (b) set aside the amendment and order the particulars previously contained in the land record be restored.","sortOrder":210},{"sectionNumber":"ch.4-pt.13-div.3","sectionType":"division","heading":"Change in ownership of land","content":"## Change in ownership of land","sortOrder":211},{"sectionNumber":"sec.160","sectionType":"section","heading":"Definitions for div 3","content":"### sec.160 Definitions for div 3\n\nIn this division—\nchange of owner notice , for land, means a document stating—\nthe description of the land; and\nthe date the owner of the land changed; and\nthe reason the owner changed, including, for example, because the land has been sold; and\nthe full name and address of the previous owner of the land; and\nthe full name and address of the new owner of the land.\nnew owner , of land, means the person who owns the land immediately after the owner of the land changes.\nprevious owner , of land, means the person who owned the land immediately before the owner of the land changed.\n- (a) the description of the land; and\n- (b) the date the owner of the land changed; and\n- (c) the reason the owner changed, including, for example, because the land has been sold; and\n- (d) the full name and address of the previous owner of the land; and\n- (e) the full name and address of the new owner of the land.","sortOrder":212},{"sectionNumber":"sec.161","sectionType":"section","heading":"Notice of change of owner of land for sale or other ownership changes for land","content":"### sec.161 Notice of change of owner of land for sale or other ownership changes for land\n\nThis section applies if the owner of land changes—\nbecause the land is sold; or\nfor another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State.\nThe new owner of the land must give the local government notice of the change of owner within 30 days after the change, unless the new owner has a reasonable excuse.\nMaximum penalty—5 penalty units.\nThe new owner may comply with subsection (2) by giving the following documents to the registrar of titles—\na properly completed combined form for the change of owner of the land;\nthe instrument of transfer of the land.\nHowever, subsection (2) does not prevent the previous owner of the land giving the local government the notice about the change of owner for the land.\nIn this section—\ncombined form means a form that—\ngives information required by this section; and\nmay be given to the registrar of titles.\n(sec.161-ssec.1) This section applies if the owner of land changes— because the land is sold; or for another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State.\n(sec.161-ssec.2) The new owner of the land must give the local government notice of the change of owner within 30 days after the change, unless the new owner has a reasonable excuse. Maximum penalty—5 penalty units.\n(sec.161-ssec.3) The new owner may comply with subsection (2) by giving the following documents to the registrar of titles— a properly completed combined form for the change of owner of the land; the instrument of transfer of the land.\n(sec.161-ssec.4) However, subsection (2) does not prevent the previous owner of the land giving the local government the notice about the change of owner for the land.\n(sec.161-ssec.5) In this section— combined form means a form that— gives information required by this section; and may be given to the registrar of titles.\n- (a) because the land is sold; or\n- (b) for another reason, including, for example, if the land, or an entitlement to occupy the land, is forfeited or surrendered to the State.\n- (a) a properly completed combined form for the change of owner of the land;\n- (b) the instrument of transfer of the land.\n- (a) gives information required by this section; and\n- (b) may be given to the registrar of titles.","sortOrder":213},{"sectionNumber":"sec.162","sectionType":"section","heading":"Local government to record change of owner","content":"### sec.162 Local government to record change of owner\n\nIf a local government receives a change of owner notice under this division, it must record the details of the new owner in the land record unless the local government has reason to believe that the notice is false.","sortOrder":214},{"sectionNumber":"sec.163","sectionType":"section","heading":"Previous owner can continue to be liable to pay rates or charges","content":"### sec.163 Previous owner can continue to be liable to pay rates or charges\n\nIf a local government does not receive a change of owner notice under this division, the previous owner of the land continues to be liable to pay all rates or charges on the land, including interest on overdue rates or charges, if any, until—\nthe change of owner notice is given under this division; or\nthe local government otherwise records the details of the new owner in the land record.\n- (a) the change of owner notice is given under this division; or\n- (b) the local government otherwise records the details of the new owner in the land record.","sortOrder":215},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"General matters about financial management systems","content":"# General matters about financial management systems","sortOrder":216},{"sectionNumber":"sec.164","sectionType":"section","heading":"Requirement to keep record of particular matters","content":"### sec.164 Requirement to keep record of particular matters\n\nA local government must keep a written record stating the following—\nthe risks the local government’s operations are exposed to, to the extent they are relevant to financial management;\nthe control measures adopted to manage the risks.\nThe local government must keep, with the record, a copy of each of the following—\nits community grants policy;\nits entertainment and hospitality policy;\nits advertising spending policy;\nits procurement policy.\n(sec.164-ssec.1) A local government must keep a written record stating the following— the risks the local government’s operations are exposed to, to the extent they are relevant to financial management; the control measures adopted to manage the risks.\n(sec.164-ssec.2) The local government must keep, with the record, a copy of each of the following— its community grants policy; its entertainment and hospitality policy; its advertising spending policy; its procurement policy.\n- (a) the risks the local government’s operations are exposed to, to the extent they are relevant to financial management;\n- (b) the control measures adopted to manage the risks.\n- (a) its community grants policy;\n- (b) its entertainment and hospitality policy;\n- (c) its advertising spending policy;\n- (d) its procurement policy.","sortOrder":217},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Financial planning documents","content":"# Financial planning documents","sortOrder":218},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"5-year corporate plan","content":"## 5-year corporate plan","sortOrder":219},{"sectionNumber":"sec.165","sectionType":"section","heading":"Preparation of 5-year corporate plan","content":"### sec.165 Preparation of 5-year corporate plan\n\nA local government must prepare a 5-year corporate plan for each period of 5 financial years.\nA local government must adopt its 5-year corporate plan in sufficient time to allow a budget and annual operational plan, consistent with the corporate plan, to be adopted for the first financial year that is covered by the plan.\nA local government may, by resolution, amend its 5-year corporate plan at any time.\nA local government must discharge its responsibilities in a way that is consistent with its 5-year corporate plan.\n(sec.165-ssec.1) A local government must prepare a 5-year corporate plan for each period of 5 financial years.\n(sec.165-ssec.2) A local government must adopt its 5-year corporate plan in sufficient time to allow a budget and annual operational plan, consistent with the corporate plan, to be adopted for the first financial year that is covered by the plan.\n(sec.165-ssec.3) A local government may, by resolution, amend its 5-year corporate plan at any time.\n(sec.165-ssec.4) A local government must discharge its responsibilities in a way that is consistent with its 5-year corporate plan.","sortOrder":220},{"sectionNumber":"sec.166","sectionType":"section","heading":"5-year corporate plan contents","content":"### sec.166 5-year corporate plan contents\n\nA local government’s 5-year corporate plan must—\noutline the strategic direction of the local government; and\nstate the performance indicators for measuring the local government’s progress in achieving its vision for the future of the local government area; and\ninclude the following information for each commercial business unit—\nan outline of the objectives of the commercial business unit;\nan outline of the nature and extent of the significant business activity the commercial business unit will conduct.\n- (a) outline the strategic direction of the local government; and\n- (b) state the performance indicators for measuring the local government’s progress in achieving its vision for the future of the local government area; and\n- (c) include the following information for each commercial business unit— (i) an outline of the objectives of the commercial business unit; (ii) an outline of the nature and extent of the significant business activity the commercial business unit will conduct.\n- (i) an outline of the objectives of the commercial business unit;\n- (ii) an outline of the nature and extent of the significant business activity the commercial business unit will conduct.\n- (i) an outline of the objectives of the commercial business unit;\n- (ii) an outline of the nature and extent of the significant business activity the commercial business unit will conduct.","sortOrder":221},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Long-term asset management plan","content":"## Long-term asset management plan","sortOrder":222},{"sectionNumber":"sec.167","sectionType":"section","heading":"Preparation of long-term asset management plan","content":"### sec.167 Preparation of long-term asset management plan\n\nA local government must prepare and adopt a long-term asset management plan.\nThe long-term asset management plan continues in force for the period stated in the plan unless the local government adopts a new long-term asset management plan.\nThe period stated in the plan must be 10 years or more.\n(sec.167-ssec.1) A local government must prepare and adopt a long-term asset management plan.\n(sec.167-ssec.2) The long-term asset management plan continues in force for the period stated in the plan unless the local government adopts a new long-term asset management plan.\n(sec.167-ssec.3) The period stated in the plan must be 10 years or more.","sortOrder":223},{"sectionNumber":"sec.168","sectionType":"section","heading":"Long-term asset management plan contents","content":"### sec.168 Long-term asset management plan contents\n\nA local government’s long-term asset management plan must—\nprovide for strategies to ensure the sustainable management of the assets mentioned in the local government’s asset register and the infrastructure of the local government; and\nstate the estimated capital expenditure for renewing, upgrading and extending the assets for the period covered by the plan; and\nbe part of, and consistent with, the long-term financial forecast.\n- (a) provide for strategies to ensure the sustainable management of the assets mentioned in the local government’s asset register and the infrastructure of the local government; and\n- (b) state the estimated capital expenditure for renewing, upgrading and extending the assets for the period covered by the plan; and\n- (c) be part of, and consistent with, the long-term financial forecast.","sortOrder":224},{"sectionNumber":"ch.5-pt.2-div.3","sectionType":"division","heading":"Annual budget","content":"## Annual budget","sortOrder":225},{"sectionNumber":"sec.169","sectionType":"section","heading":"Preparation and content of budget","content":"### sec.169 Preparation and content of budget\n\nA local government’s budget for each financial year must—\nbe prepared on an accrual basis; and\ninclude statements of the following for the financial year for which it is prepared and the next 2 financial years—\nfinancial position;\ncash flow;\nincome and expenditure;\nchanges in equity.\nThe budget must also include—\na long-term financial forecast; and\na revenue statement; and\na revenue policy.\nThe statement of income and expenditure must state each of the following—\nrates and utility charges excluding discounts and rebates;\ncontributions from developers;\nfees and charges;\ninterest;\ngrants and subsidies;\ndepreciation;\nfinance costs;\nnet result;\nthe estimated costs of—\nthe local government’s significant business activities carried on using a full cost pricing basis; and\nthe activities of the local government’s commercial business units; and\nthe local government’s significant business activities.\nSubject to subsection (5) , the budget must include a measure of financial sustainability for—\nthe financial year for which the budget is being prepared; and\nthe 9 financial years following the financial year for which the budget is being prepared.\nSee section 368 in relation to the budget for the 2023–2024 financial year.\nA measure of financial sustainability applies to a local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.\nThe measures of financial sustainability are the following measures described in the financial management (sustainability) guideline—\ncouncil controlled revenue ratio;\npopulation growth ratio;\noperating surplus ratio;\noperating cash ratio;\nunrestricted cash expense cover ratio;\nasset sustainability ratio;\nasset consumption ratio;\nasset renewal funding ratio;\nleverage ratio.\nThe budget must include the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the budget for the previous financial year.\nFor calculating the rates and utility charges levied for a financial year, any discounts and rebates must be excluded.\nThe budget must be consistent with the following documents of the local government—\nits 5-year corporate plan;\nits annual operational plan.\ns 169 amd 2013 SL No. 148 s 6 ; 2020 SL No. 244 s 38 ; 2023 SL No. 56 s 10\n(sec.169-ssec.1) A local government’s budget for each financial year must— be prepared on an accrual basis; and include statements of the following for the financial year for which it is prepared and the next 2 financial years— financial position; cash flow; income and expenditure; changes in equity.\n(sec.169-ssec.2) The budget must also include— a long-term financial forecast; and a revenue statement; and a revenue policy.\n(sec.169-ssec.3) The statement of income and expenditure must state each of the following— rates and utility charges excluding discounts and rebates; contributions from developers; fees and charges; interest; grants and subsidies; depreciation; finance costs; net result; the estimated costs of— the local government’s significant business activities carried on using a full cost pricing basis; and the activities of the local government’s commercial business units; and the local government’s significant business activities.\n(sec.169-ssec.4) Subject to subsection (5) , the budget must include a measure of financial sustainability for— the financial year for which the budget is being prepared; and the 9 financial years following the financial year for which the budget is being prepared. See section 368 in relation to the budget for the 2023–2024 financial year.\n(sec.169-ssec.5) A measure of financial sustainability applies to a local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.\n(sec.169-ssec.6) The measures of financial sustainability are the following measures described in the financial management (sustainability) guideline— council controlled revenue ratio; population growth ratio; operating surplus ratio; operating cash ratio; unrestricted cash expense cover ratio; asset sustainability ratio; asset consumption ratio; asset renewal funding ratio; leverage ratio.\n(sec.169-ssec.7) The budget must include the total value of the change, expressed as a percentage, in the rates and utility charges levied for the financial year compared with the rates and utility charges levied in the budget for the previous financial year.\n(sec.169-ssec.8) For calculating the rates and utility charges levied for a financial year, any discounts and rebates must be excluded.\n(sec.169-ssec.9) The budget must be consistent with the following documents of the local government— its 5-year corporate plan; its annual operational plan.\n- (a) be prepared on an accrual basis; and\n- (b) include statements of the following for the financial year for which it is prepared and the next 2 financial years— (i) financial position; (ii) cash flow; (iii) income and expenditure; (iv) changes in equity.\n- (i) financial position;\n- (ii) cash flow;\n- (iii) income and expenditure;\n- (iv) changes in equity.\n- (i) financial position;\n- (ii) cash flow;\n- (iii) income and expenditure;\n- (iv) changes in equity.\n- (a) a long-term financial forecast; and\n- (b) a revenue statement; and\n- (c) a revenue policy.\n- (a) rates and utility charges excluding discounts and rebates;\n- (b) contributions from developers;\n- (c) fees and charges;\n- (d) interest;\n- (e) grants and subsidies;\n- (f) depreciation;\n- (g) finance costs;\n- (h) net result;\n- (i) the estimated costs of— (i) the local government’s significant business activities carried on using a full cost pricing basis; and (ii) the activities of the local government’s commercial business units; and (iii) the local government’s significant business activities.\n- (i) the local government’s significant business activities carried on using a full cost pricing basis; and\n- (ii) the activities of the local government’s commercial business units; and\n- (iii) the local government’s significant business activities.\n- (i) the local government’s significant business activities carried on using a full cost pricing basis; and\n- (ii) the activities of the local government’s commercial business units; and\n- (iii) the local government’s significant business activities.\n- (a) the financial year for which the budget is being prepared; and\n- (b) the 9 financial years following the financial year for which the budget is being prepared.\n- (a) council controlled revenue ratio;\n- (b) population growth ratio;\n- (c) operating surplus ratio;\n- (d) operating cash ratio;\n- (e) unrestricted cash expense cover ratio;\n- (f) asset sustainability ratio;\n- (g) asset consumption ratio;\n- (h) asset renewal funding ratio;\n- (i) leverage ratio.\n- (a) its 5-year corporate plan;\n- (b) its annual operational plan.","sortOrder":226},{"sectionNumber":"sec.170","sectionType":"section","heading":"Adoption and amendment of budget","content":"### sec.170 Adoption and amendment of budget\n\nA local government must adopt its budget for a financial year—\nafter 31 May in the year before the financial year; but\nbefore—\n1 August in the financial year; or\na later day decided by the Minister.\nIf the budget does not comply with section 169 when it is adopted, the adoption of the budget is of no effect.\nThe local government may, by resolution, amend the budget for a financial year at any time before the end of the financial year.\nIf the budget does not comply with the following when it is amended, the amendment of the budget is of no effect—\nsection 169 ;\nthe local government’s decision about the rates and charges to be levied for the financial year made at the budget meeting for the financial year.\nA local government may only decide the rates and charges to be levied for a financial year at the budget meeting for the financial year. See the Act , section 94 (2) .\n(sec.170-ssec.1) A local government must adopt its budget for a financial year— after 31 May in the year before the financial year; but before— 1 August in the financial year; or a later day decided by the Minister.\n(sec.170-ssec.2) If the budget does not comply with section 169 when it is adopted, the adoption of the budget is of no effect.\n(sec.170-ssec.3) The local government may, by resolution, amend the budget for a financial year at any time before the end of the financial year.\n(sec.170-ssec.4) If the budget does not comply with the following when it is amended, the amendment of the budget is of no effect— section 169 ; the local government’s decision about the rates and charges to be levied for the financial year made at the budget meeting for the financial year. A local government may only decide the rates and charges to be levied for a financial year at the budget meeting for the financial year. See the Act , section 94 (2) .\n- (a) after 31 May in the year before the financial year; but\n- (b) before— (i) 1 August in the financial year; or (ii) a later day decided by the Minister.\n- (i) 1 August in the financial year; or\n- (ii) a later day decided by the Minister.\n- (i) 1 August in the financial year; or\n- (ii) a later day decided by the Minister.\n- (a) section 169 ;\n- (b) the local government’s decision about the rates and charges to be levied for the financial year made at the budget meeting for the financial year. Note— A local government may only decide the rates and charges to be levied for a financial year at the budget meeting for the financial year. See the Act , section 94 (2) .","sortOrder":227},{"sectionNumber":"sec.171","sectionType":"section","heading":"Long-term financial forecast","content":"### sec.171 Long-term financial forecast\n\nA local government’s long-term financial forecast is a forecast, covering a period of at least 10 years, of the following for each year during the period of the forecast—\nincome of the local government;\nexpenditure of the local government;\nthe value of assets, liabilities and equity of the local government.\nThe local government must—\nconsider its long-term financial forecast before planning new borrowings; and\nreview its long-term financial forecast annually.\n(sec.171-ssec.1) A local government’s long-term financial forecast is a forecast, covering a period of at least 10 years, of the following for each year during the period of the forecast— income of the local government; expenditure of the local government; the value of assets, liabilities and equity of the local government.\n(sec.171-ssec.2) The local government must— consider its long-term financial forecast before planning new borrowings; and review its long-term financial forecast annually.\n- (a) income of the local government;\n- (b) expenditure of the local government;\n- (c) the value of assets, liabilities and equity of the local government.\n- (a) consider its long-term financial forecast before planning new borrowings; and\n- (b) review its long-term financial forecast annually.","sortOrder":228},{"sectionNumber":"sec.172","sectionType":"section","heading":"Revenue statement","content":"### sec.172 Revenue statement\n\nThe revenue statement for a local government must state—\nif the local government levies differential general rates—\nthe rating categories for rateable land in the local government area; and\na description of each rating category; and\nif the local government levies special rates or charges for a joint government activity—a summary of the terms of the joint government activity; and\nif the local government fixes a cost-recovery fee—the criteria used to decide the amount of the cost-recovery fee; and\nif the local government conducts a business activity on a commercial basis—the criteria used to decide the amount of the charges for the activity's goods and services.\nAlso, the revenue statement for a financial year must include the following information for the financial year—\nan outline and explanation of the measures that the local government has adopted for raising revenue, including an outline and explanation of—\nthe rates and charges to be levied in the financial year; and\nthe concessions for rates and charges to be granted in the financial year;\nwhether the local government has made a resolution limiting an increase of rates and charges.\n(sec.172-ssec.1) The revenue statement for a local government must state— if the local government levies differential general rates— the rating categories for rateable land in the local government area; and a description of each rating category; and if the local government levies special rates or charges for a joint government activity—a summary of the terms of the joint government activity; and if the local government fixes a cost-recovery fee—the criteria used to decide the amount of the cost-recovery fee; and if the local government conducts a business activity on a commercial basis—the criteria used to decide the amount of the charges for the activity's goods and services.\n(sec.172-ssec.2) Also, the revenue statement for a financial year must include the following information for the financial year— an outline and explanation of the measures that the local government has adopted for raising revenue, including an outline and explanation of— the rates and charges to be levied in the financial year; and the concessions for rates and charges to be granted in the financial year; whether the local government has made a resolution limiting an increase of rates and charges.\n- (a) if the local government levies differential general rates— (i) the rating categories for rateable land in the local government area; and (ii) a description of each rating category; and\n- (i) the rating categories for rateable land in the local government area; and\n- (ii) a description of each rating category; and\n- (b) if the local government levies special rates or charges for a joint government activity—a summary of the terms of the joint government activity; and\n- (c) if the local government fixes a cost-recovery fee—the criteria used to decide the amount of the cost-recovery fee; and\n- (d) if the local government conducts a business activity on a commercial basis—the criteria used to decide the amount of the charges for the activity's goods and services.\n- (i) the rating categories for rateable land in the local government area; and\n- (ii) a description of each rating category; and\n- (a) an outline and explanation of the measures that the local government has adopted for raising revenue, including an outline and explanation of— (i) the rates and charges to be levied in the financial year; and (ii) the concessions for rates and charges to be granted in the financial year;\n- (i) the rates and charges to be levied in the financial year; and\n- (ii) the concessions for rates and charges to be granted in the financial year;\n- (b) whether the local government has made a resolution limiting an increase of rates and charges.\n- (i) the rates and charges to be levied in the financial year; and\n- (ii) the concessions for rates and charges to be granted in the financial year;","sortOrder":229},{"sectionNumber":"sec.173","sectionType":"section","heading":"Unauthorised spending","content":"### sec.173 Unauthorised spending\n\nA local government may spend money in a financial year before adopting its budget for the financial year only if the local government provides for the spending in the budget for the financial year.\nHowever, the local government may spend money, not authorised in its budget, for genuine emergency or hardship if the local government makes a resolution about spending the money before, or as soon as practicable after, the money is spent.\nThe resolution must state how the spending is to be funded.\nIf the local government’s budget for a financial year is amended after the money is spent, the amendment must take the spending into account.\n(sec.173-ssec.1) A local government may spend money in a financial year before adopting its budget for the financial year only if the local government provides for the spending in the budget for the financial year.\n(sec.173-ssec.2) However, the local government may spend money, not authorised in its budget, for genuine emergency or hardship if the local government makes a resolution about spending the money before, or as soon as practicable after, the money is spent.\n(sec.173-ssec.3) The resolution must state how the spending is to be funded.\n(sec.173-ssec.4) If the local government’s budget for a financial year is amended after the money is spent, the amendment must take the spending into account.","sortOrder":230},{"sectionNumber":"ch.5-pt.2-div.3A","sectionType":"division","heading":null,"content":"","sortOrder":231},{"sectionNumber":"sec.173A","sectionType":"section","heading":null,"content":"### Section sec.173A\n\ns 173A ins 2020 SL No. 244 s 39\nexp 30 June 2021 (see s 173B)","sortOrder":232},{"sectionNumber":"sec.173B","sectionType":"section","heading":null,"content":"### Section sec.173B\n\ns 173B ins 2020 SL No. 244 s 39\nexp 30 June 2021 (see s 173B)","sortOrder":233},{"sectionNumber":"ch.5-pt.2-div.4","sectionType":"division","heading":"Annual operational plan","content":"## Annual operational plan","sortOrder":234},{"sectionNumber":"sec.174","sectionType":"section","heading":"Preparation and adoption of annual operational plan","content":"### sec.174 Preparation and adoption of annual operational plan\n\nA local government must prepare and adopt an annual operational plan for each financial year.\nThe local government may, but need not, adopt the annual operational plan for a financial year at the same time the local government adopts its budget for the financial year.\nThe chief executive officer must present a written assessment of the local government’s progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months.\nA local government may, by resolution, amend its annual operational plan at any time before the end of the financial year.\nA local government must discharge its responsibilities in a way that is consistent with its annual operational plan.\ns 174 amd 2024 SL No. 14 s 7\n(sec.174-ssec.1) A local government must prepare and adopt an annual operational plan for each financial year.\n(sec.174-ssec.2) The local government may, but need not, adopt the annual operational plan for a financial year at the same time the local government adopts its budget for the financial year.\n(sec.174-ssec.3) The chief executive officer must present a written assessment of the local government’s progress towards implementing the annual operational plan at meetings of the local government held at regular intervals of not more than 3 months.\n(sec.174-ssec.4) A local government may, by resolution, amend its annual operational plan at any time before the end of the financial year.\n(sec.174-ssec.5) A local government must discharge its responsibilities in a way that is consistent with its annual operational plan.","sortOrder":235},{"sectionNumber":"sec.175","sectionType":"section","heading":"Annual operational plan contents","content":"### sec.175 Annual operational plan contents\n\nThe annual operational plan for a local government must—\nbe consistent with its annual budget; and\nstate how the local government will—\nprogress the implementation of the 5-year corporate plan during the period of the annual operational plan; and\nmanage operational risks.\ns 175 sub 2025 SL No. 161 s 17\n- (a) be consistent with its annual budget; and\n- (b) state how the local government will— (i) progress the implementation of the 5-year corporate plan during the period of the annual operational plan; and (ii) manage operational risks.\n- (i) progress the implementation of the 5-year corporate plan during the period of the annual operational plan; and\n- (ii) manage operational risks.\n- (i) progress the implementation of the 5-year corporate plan during the period of the annual operational plan; and\n- (ii) manage operational risks.","sortOrder":236},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Financial accountability documents","content":"# Financial accountability documents","sortOrder":237},{"sectionNumber":"ch.5-pt.3-div.1","sectionType":"division","heading":"Financial statements and report","content":"## Financial statements and report","sortOrder":238},{"sectionNumber":"sec.176","sectionType":"section","heading":"Preparation of financial statements","content":"### sec.176 Preparation of financial statements\n\nFor each financial year, a local government must prepare each of the following (the financial statements )—\na general purpose financial statement;\na current-year financial sustainability statement;\na long-term financial sustainability statement.\n- (a) a general purpose financial statement;\n- (b) a current-year financial sustainability statement;\n- (c) a long-term financial sustainability statement.","sortOrder":239},{"sectionNumber":"sec.177","sectionType":"section","heading":"General purpose financial statement","content":"### sec.177 General purpose financial statement\n\nA local government’s general purpose financial statement must be prepared in compliance with the following documents (each a prescribed accounting standard ) published by the Australian Accounting Standards Board—\nAustralian Accounting Standards;\nStatements of Accounting Concepts;\nInterpretations;\nFramework for the Preparation and Presentation of Financial Statements.\nThe prescribed accounting standards are available on the Australian Accounting Standards Board’s website.\n- (a) Australian Accounting Standards;\n- (b) Statements of Accounting Concepts;\n- (c) Interpretations;\n- (d) Framework for the Preparation and Presentation of Financial Statements.","sortOrder":240},{"sectionNumber":"sec.178","sectionType":"section","heading":"Financial sustainability statements","content":"### sec.178 Financial sustainability statements\n\nA local government’s current-year financial sustainability statement must state each measure of financial sustainability applicable to the local government for the financial year to which the statement relates.\nA local government’s long-term financial sustainability statement must state—\neach measure of financial sustainability applicable to the local government for the 9 financial years following the year to which the statement relates; and\nan explanation of the local government’s financial management strategy that is consistent with the long-term financial forecast.\nFor subsections (1) and (2) (a) , a measure of financial sustainability applies to a local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.\ns 178 amd 2023 SL No. 56 s 11\n(sec.178-ssec.1) A local government’s current-year financial sustainability statement must state each measure of financial sustainability applicable to the local government for the financial year to which the statement relates.\n(sec.178-ssec.2) A local government’s long-term financial sustainability statement must state— each measure of financial sustainability applicable to the local government for the 9 financial years following the year to which the statement relates; and an explanation of the local government’s financial management strategy that is consistent with the long-term financial forecast.\n(sec.178-ssec.3) For subsections (1) and (2) (a) , a measure of financial sustainability applies to a local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.\n- (a) each measure of financial sustainability applicable to the local government for the 9 financial years following the year to which the statement relates; and\n- (b) an explanation of the local government’s financial management strategy that is consistent with the long-term financial forecast.","sortOrder":241},{"sectionNumber":"sec.179","sectionType":"section","heading":"Community financial report","content":"### sec.179 Community financial report\n\nA local government must prepare a community financial report for each financial year.\nThe community financial report for a financial year must—\ncontain a summary and an analysis of the local government’s financial performance and position for the financial year; and\nbe consistent with the general purpose financial statement for the financial year; and\ninclude each measure of financial sustainability applicable to the local government for the financial year; and\nbe written in a way that can be easily understood by the community.\nFor subsection (2) (c) , a measure of financial sustainability applies to the local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.\ns 179 amd 2023 SL No. 56 s 12\n(sec.179-ssec.1) A local government must prepare a community financial report for each financial year.\n(sec.179-ssec.2) The community financial report for a financial year must— contain a summary and an analysis of the local government’s financial performance and position for the financial year; and be consistent with the general purpose financial statement for the financial year; and include each measure of financial sustainability applicable to the local government for the financial year; and be written in a way that can be easily understood by the community.\n(sec.179-ssec.3) For subsection (2) (c) , a measure of financial sustainability applies to the local government for a financial year to the extent the financial management (sustainability) guideline states the measure applies to the local government for the financial year.\n- (a) contain a summary and an analysis of the local government’s financial performance and position for the financial year; and\n- (b) be consistent with the general purpose financial statement for the financial year; and\n- (c) include each measure of financial sustainability applicable to the local government for the financial year; and\n- (d) be written in a way that can be easily understood by the community.","sortOrder":242},{"sectionNumber":"ch.5-pt.3-div.2","sectionType":"division","heading":"Asset register","content":"## Asset register","sortOrder":243},{"sectionNumber":"sec.180","sectionType":"section","heading":"Non-current physical assets to be recorded","content":"### sec.180 Non-current physical assets to be recorded\n\nA local government’s asset register must record its non-current physical assets.","sortOrder":244},{"sectionNumber":"ch.5-pt.3-div.3","sectionType":"division","heading":"Annual report","content":"## Annual report","sortOrder":245},{"sectionNumber":"sec.181","sectionType":"section","heading":"What div 3 is about","content":"### sec.181 What div 3 is about\n\nThis division explains what an annual report for a local government must contain.","sortOrder":246},{"sectionNumber":"sec.182","sectionType":"section","heading":"Preparation of annual report","content":"### sec.182 Preparation of annual report\n\nA local government must prepare an annual report for each financial year.\nThe local government must adopt its annual report within 1 month after the day the auditor-general gives the auditor-general’s audit report about the local government’s financial statements for the financial year to the local government.\nThe local government must publish its annual report on its website within 2 weeks of adopting the annual report.\ns 182 amd 2025 SL No. 161 s 18\n(sec.182-ssec.1) A local government must prepare an annual report for each financial year.\n(sec.182-ssec.2) The local government must adopt its annual report within 1 month after the day the auditor-general gives the auditor-general’s audit report about the local government’s financial statements for the financial year to the local government.\n(sec.182-ssec.3) The local government must publish its annual report on its website within 2 weeks of adopting the annual report.","sortOrder":247},{"sectionNumber":"sec.183","sectionType":"section","heading":"Financial statements","content":"### sec.183 Financial statements\n\nThe annual report for a financial year must contain—\nthe general purpose financial statement for the financial year, audited by the auditor-general; and\nthe current-year financial sustainability statement for the financial year, audited by the auditor-general; and\nthe long-term financial sustainability statement for the financial year; and\nthe auditor-general’s audit reports about the general purpose financial statement and the current-year financial sustainability statement.\n- (a) the general purpose financial statement for the financial year, audited by the auditor-general; and\n- (b) the current-year financial sustainability statement for the financial year, audited by the auditor-general; and\n- (c) the long-term financial sustainability statement for the financial year; and\n- (d) the auditor-general’s audit reports about the general purpose financial statement and the current-year financial sustainability statement.","sortOrder":248},{"sectionNumber":"sec.184","sectionType":"section","heading":"Community financial report","content":"### sec.184 Community financial report\n\nThe annual report for a financial year must contain the community financial report for the financial year.","sortOrder":249},{"sectionNumber":"sec.185","sectionType":"section","heading":"Particular resolutions","content":"### sec.185 Particular resolutions\n\nThe annual report for a financial year must contain—\na copy of the resolutions made during the financial year under section 250 (1) ; and\na list of any resolutions made during the financial year under section 206 (2) .\n- (a) a copy of the resolutions made during the financial year under section 250 (1) ; and\n- (b) a list of any resolutions made during the financial year under section 206 (2) .","sortOrder":250},{"sectionNumber":"sec.186","sectionType":"section","heading":"Councillors","content":"### sec.186 Councillors\n\nThe annual report for a financial year must contain particulars of—\nfor each councillor, the total remuneration, including superannuation contributions, paid to the councillor during the financial year; and\nthe expenses incurred by, and the facilities provided to, each councillor during the financial year under the local government’s expenses reimbursement policy; and\nthe number of local government meetings that each councillor attended during the financial year; and\nthe number of each of the following during the financial year—\ncomplaints referred to the assessor under section 150P (2) (a) of the Act by local government entities for the local government;\nmatters, mentioned in section 150P (3) of the Act , notified to the Crime and Corruption Commission;\nnotices given under section 150R (2) of the Act ;\nnotices given under section 150S (2) (a) of the Act ;\noccasions information was given under section 150AF (3) (a) of the Act ;\noccasions the local government asked another entity to investigate, under chapter 5A , part 3 , division 5 of the Act for the local government, the suspected conduct breach of a councillor; and\nthe total number of referral notices given to the local government under section 150AC (1) of the Act during the financial year; and\nfor suspected conduct breaches the subject of a referral notice mentioned in paragraph (g) —\nthe total number of suspected conduct breaches; and\nthe total number of suspected conduct breaches for which an investigation was not started or was discontinued under section 150AEA of the Act ; and\nthe number of matters not decided by the end of the financial year under section 150AG (1) of the Act ; and\nthe average time taken by the local government in making a decision under section 150AG (1) of the Act .\nIn this section—\nlocal government entity , for a local government, means the following—\nthe local government;\na councillor of the local government;\nthe chief executive officer of the local government.\ns 186 amd 2013 SL No. 10 s 7 ; 2014 Act No. 21 s 94 (2) sch 2 ; 2018 SL No. 201 s 6 ; 2019 SL No. 229 s 16 ; 2023 Act No. 30 s 105 ; 2026 Act No. 5 s 120\n(sec.186-ssec.1) The annual report for a financial year must contain particulars of— for each councillor, the total remuneration, including superannuation contributions, paid to the councillor during the financial year; and the expenses incurred by, and the facilities provided to, each councillor during the financial year under the local government’s expenses reimbursement policy; and the number of local government meetings that each councillor attended during the financial year; and the number of each of the following during the financial year— complaints referred to the assessor under section 150P (2) (a) of the Act by local government entities for the local government; matters, mentioned in section 150P (3) of the Act , notified to the Crime and Corruption Commission; notices given under section 150R (2) of the Act ; notices given under section 150S (2) (a) of the Act ; occasions information was given under section 150AF (3) (a) of the Act ; occasions the local government asked another entity to investigate, under chapter 5A , part 3 , division 5 of the Act for the local government, the suspected conduct breach of a councillor; and the total number of referral notices given to the local government under section 150AC (1) of the Act during the financial year; and for suspected conduct breaches the subject of a referral notice mentioned in paragraph (g) — the total number of suspected conduct breaches; and the total number of suspected conduct breaches for which an investigation was not started or was discontinued under section 150AEA of the Act ; and the number of matters not decided by the end of the financial year under section 150AG (1) of the Act ; and the average time taken by the local government in making a decision under section 150AG (1) of the Act .\n(sec.186-ssec.2) In this section— local government entity , for a local government, means the following— the local government; a councillor of the local government; the chief executive officer of the local government.\n- (a) for each councillor, the total remuneration, including superannuation contributions, paid to the councillor during the financial year; and\n- (b) the expenses incurred by, and the facilities provided to, each councillor during the financial year under the local government’s expenses reimbursement policy; and\n- (c) the number of local government meetings that each councillor attended during the financial year; and\n- (f) the number of each of the following during the financial year— (i) complaints referred to the assessor under section 150P (2) (a) of the Act by local government entities for the local government; (ii) matters, mentioned in section 150P (3) of the Act , notified to the Crime and Corruption Commission; (iii) notices given under section 150R (2) of the Act ; (iv) notices given under section 150S (2) (a) of the Act ; (v) occasions information was given under section 150AF (3) (a) of the Act ; (vi) occasions the local government asked another entity to investigate, under chapter 5A , part 3 , division 5 of the Act for the local government, the suspected conduct breach of a councillor; and\n- (i) complaints referred to the assessor under section 150P (2) (a) of the Act by local government entities for the local government;\n- (ii) matters, mentioned in section 150P (3) of the Act , notified to the Crime and Corruption Commission;\n- (iii) notices given under section 150R (2) of the Act ;\n- (iv) notices given under section 150S (2) (a) of the Act ;\n- (v) occasions information was given under section 150AF (3) (a) of the Act ;\n- (vi) occasions the local government asked another entity to investigate, under chapter 5A , part 3 , division 5 of the Act for the local government, the suspected conduct breach of a councillor; and\n- (g) the total number of referral notices given to the local government under section 150AC (1) of the Act during the financial year; and\n- (h) for suspected conduct breaches the subject of a referral notice mentioned in paragraph (g) — (i) the total number of suspected conduct breaches; and (ii) the total number of suspected conduct breaches for which an investigation was not started or was discontinued under section 150AEA of the Act ; and\n- (i) the total number of suspected conduct breaches; and\n- (ii) the total number of suspected conduct breaches for which an investigation was not started or was discontinued under section 150AEA of the Act ; and\n- (j) the number of matters not decided by the end of the financial year under section 150AG (1) of the Act ; and\n- (k) the average time taken by the local government in making a decision under section 150AG (1) of the Act .\n- (i) complaints referred to the assessor under section 150P (2) (a) of the Act by local government entities for the local government;\n- (ii) matters, mentioned in section 150P (3) of the Act , notified to the Crime and Corruption Commission;\n- (iii) notices given under section 150R (2) of the Act ;\n- (iv) notices given under section 150S (2) (a) of the Act ;\n- (v) occasions information was given under section 150AF (3) (a) of the Act ;\n- (vi) occasions the local government asked another entity to investigate, under chapter 5A , part 3 , division 5 of the Act for the local government, the suspected conduct breach of a councillor; and\n- (i) the total number of suspected conduct breaches; and\n- (ii) the total number of suspected conduct breaches for which an investigation was not started or was discontinued under section 150AEA of the Act ; and\n- (a) the local government;\n- (b) a councillor of the local government;\n- (c) the chief executive officer of the local government.","sortOrder":251},{"sectionNumber":"sec.187","sectionType":"section","heading":"Administrative action complaints and competitive neutrality complaints","content":"### sec.187 Administrative action complaints and competitive neutrality complaints\n\nThe annual report for a financial year must contain—\na statement about the local government’s commitment to dealing fairly with administrative action complaints and competitive neutrality complaints; and\na statement about how the local government has implemented its complaints management process, including an assessment of the local government’s performance in resolving complaints under the process.\nThe annual report must, for each type of complaint mentioned in subsection (1) , also contain particulars of—\nthe number of the following during the financial year—\ncomplaints made to the local government;\ncomplaints resolved by the local government under the complaints management process;\ncomplaints not resolved by the local government under the complaints management process; and\nthe number of complaints under paragraph (a) (iii) that were made in a previous financial year.\ns 187 amd 2026 Act No. 5 s 121\n(sec.187-ssec.1) The annual report for a financial year must contain— a statement about the local government’s commitment to dealing fairly with administrative action complaints and competitive neutrality complaints; and a statement about how the local government has implemented its complaints management process, including an assessment of the local government’s performance in resolving complaints under the process.\n(sec.187-ssec.2) The annual report must, for each type of complaint mentioned in subsection (1) , also contain particulars of— the number of the following during the financial year— complaints made to the local government; complaints resolved by the local government under the complaints management process; complaints not resolved by the local government under the complaints management process; and the number of complaints under paragraph (a) (iii) that were made in a previous financial year.\n- (a) a statement about the local government’s commitment to dealing fairly with administrative action complaints and competitive neutrality complaints; and\n- (b) a statement about how the local government has implemented its complaints management process, including an assessment of the local government’s performance in resolving complaints under the process.\n- (a) the number of the following during the financial year— (i) complaints made to the local government; (ii) complaints resolved by the local government under the complaints management process; (iii) complaints not resolved by the local government under the complaints management process; and\n- (i) complaints made to the local government;\n- (ii) complaints resolved by the local government under the complaints management process;\n- (iii) complaints not resolved by the local government under the complaints management process; and\n- (b) the number of complaints under paragraph (a) (iii) that were made in a previous financial year.\n- (i) complaints made to the local government;\n- (ii) complaints resolved by the local government under the complaints management process;\n- (iii) complaints not resolved by the local government under the complaints management process; and","sortOrder":252},{"sectionNumber":"sec.188","sectionType":"section","heading":"Overseas travel","content":"### sec.188 Overseas travel\n\nThe annual report for a financial year must contain the following information about any overseas travel made by a councillor or local government employee in an official capacity during the financial year—\nfor a councillor—the name of the councillor;\nfor a local government employee—the name of, and position held by, the local government employee;\nthe destination of the overseas travel;\nthe purpose of the overseas travel;\nthe cost of the overseas travel.\nThe annual report may also contain any other information about the overseas travel the local government considers relevant.\n(sec.188-ssec.1) The annual report for a financial year must contain the following information about any overseas travel made by a councillor or local government employee in an official capacity during the financial year— for a councillor—the name of the councillor; for a local government employee—the name of, and position held by, the local government employee; the destination of the overseas travel; the purpose of the overseas travel; the cost of the overseas travel.\n(sec.188-ssec.2) The annual report may also contain any other information about the overseas travel the local government considers relevant.\n- (a) for a councillor—the name of the councillor;\n- (b) for a local government employee—the name of, and position held by, the local government employee;\n- (c) the destination of the overseas travel;\n- (d) the purpose of the overseas travel;\n- (e) the cost of the overseas travel.","sortOrder":253},{"sectionNumber":"sec.189","sectionType":"section","heading":"Grants to community organisations and discretionary funds","content":"### sec.189 Grants to community organisations and discretionary funds\n\nThe annual report for a financial year must contain a summary of the local government’s expenditure for the financial year on grants to community organisations.\nThe annual report must also contain the following information about the local government’s discretionary funds—\nthe total amount budgeted for the financial year as the local government’s discretionary funds;\nthe prescribed amount for the local government for the financial year;\nthe total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes—\ncapital works of the local government that are for a community purpose;\nother community purposes;\nthe amount of discretionary funds budgeted for use by each councillor for the financial year;\nif a councillor allocates discretionary funds in the financial year—\nthe amount allocated; and\nthe date the amount was allocated; and\nthe way mentioned in section 202 (1) in which the amount was allocated; and\nif the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\nthe purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\nIn this section—\nprescribed amount , for a local government for a financial year, see section 201B (5) .\ns 189 sub 2019 SL No. 229 s 19\n(sec.189-ssec.1) The annual report for a financial year must contain a summary of the local government’s expenditure for the financial year on grants to community organisations.\n(sec.189-ssec.2) The annual report must also contain the following information about the local government’s discretionary funds— the total amount budgeted for the financial year as the local government’s discretionary funds; the prescribed amount for the local government for the financial year; the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— capital works of the local government that are for a community purpose; other community purposes; the amount of discretionary funds budgeted for use by each councillor for the financial year; if a councillor allocates discretionary funds in the financial year— the amount allocated; and the date the amount was allocated; and the way mentioned in section 202 (1) in which the amount was allocated; and if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n(sec.189-ssec.3) In this section— prescribed amount , for a local government for a financial year, see section 201B (5) .\n- (a) the total amount budgeted for the financial year as the local government’s discretionary funds;\n- (b) the prescribed amount for the local government for the financial year;\n- (c) the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— (i) capital works of the local government that are for a community purpose; (ii) other community purposes;\n- (i) capital works of the local government that are for a community purpose;\n- (ii) other community purposes;\n- (d) the amount of discretionary funds budgeted for use by each councillor for the financial year;\n- (e) if a councillor allocates discretionary funds in the financial year— (i) the amount allocated; and (ii) the date the amount was allocated; and (iii) the way mentioned in section 202 (1) in which the amount was allocated; and (iv) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and (v) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n- (i) the amount allocated; and\n- (ii) the date the amount was allocated; and\n- (iii) the way mentioned in section 202 (1) in which the amount was allocated; and\n- (iv) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\n- (v) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n- (i) capital works of the local government that are for a community purpose;\n- (ii) other community purposes;\n- (i) the amount allocated; and\n- (ii) the date the amount was allocated; and\n- (iii) the way mentioned in section 202 (1) in which the amount was allocated; and\n- (iv) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\n- (v) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.","sortOrder":254},{"sectionNumber":"sec.189A","sectionType":"section","heading":"Particular financial contributions under Planning Act","content":"### sec.189A Particular financial contributions under Planning Act\n\nThe annual report for a financial year must contain the following information—\nthe total amount of financial contributions made to the local government in the financial year under—\na community benefit agreement under the Planning Act ; or\na condition of a development approval imposed under the Planning Act , section 65AA (3) ; or\na condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or\nan agreement mentioned in the Planning Act , section 65AA (7) ;\nthe total amount of financial contributions made to the local government under an instrument mentioned in paragraph (a) that were spent by the local government in the financial year and the purposes for which the contributions were spent.\nIn this section—\ndevelopment approval means a development approval under the Planning Act .\nplanning chief executive means the chief executive of the department in which the Planning Act is administered.\ns 189A ins 2025 SL No. 80 s 8\n(sec.189A-ssec.1) The annual report for a financial year must contain the following information— the total amount of financial contributions made to the local government in the financial year under— a community benefit agreement under the Planning Act ; or a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or an agreement mentioned in the Planning Act , section 65AA (7) ; the total amount of financial contributions made to the local government under an instrument mentioned in paragraph (a) that were spent by the local government in the financial year and the purposes for which the contributions were spent.\n(sec.189A-ssec.2) In this section— development approval means a development approval under the Planning Act . planning chief executive means the chief executive of the department in which the Planning Act is administered.\n- (a) the total amount of financial contributions made to the local government in the financial year under— (i) a community benefit agreement under the Planning Act ; or (ii) a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or (iii) a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or (iv) an agreement mentioned in the Planning Act , section 65AA (7) ;\n- (i) a community benefit agreement under the Planning Act ; or\n- (ii) a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or\n- (iii) a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or\n- (iv) an agreement mentioned in the Planning Act , section 65AA (7) ;\n- (b) the total amount of financial contributions made to the local government under an instrument mentioned in paragraph (a) that were spent by the local government in the financial year and the purposes for which the contributions were spent.\n- (i) a community benefit agreement under the Planning Act ; or\n- (ii) a condition of a development approval imposed under the Planning Act , section 65AA (3) ; or\n- (iii) a condition of a development approval imposed under a direction of the planning chief executive under the Planning Act , section 106ZF (2) ; or\n- (iv) an agreement mentioned in the Planning Act , section 65AA (7) ;","sortOrder":255},{"sectionNumber":"sec.190","sectionType":"section","heading":"Other contents","content":"### sec.190 Other contents\n\nThe annual report for a financial year must contain the following information—\nthe chief executive officer’s assessment of the local government’s progress towards implementing its 5-year corporate plan and annual operational plan;\nparticulars of other issues relevant to making an informed assessment of the local government’s operations and performance in the financial year;\nan annual operations report for each commercial business unit;\ndetails of any action taken for, and expenditure on, a service, facility or activity—\nsupplied by another local government under an agreement for conducting a joint government activity; and\nfor which the local government levied special rates or charges for the financial year;\nthe number of invitations to change tenders under section 228 (8) during the financial year;\na list of the registers kept by the local government;\na summary of all concessions for rates and charges granted by the local government;\nthe report on the internal audit for the financial year;\na summary of investigation notices given in the financial year under section 49 for competitive neutrality complaints;\nthe local government’s responses in the financial year on the competition authority’s recommendations on any competitive neutrality complaints under section 52 (3) .\nIn this section—\nannual operations report , for a commercial business unit, means a document that contains the following information for the previous financial year—\ninformation that allows an informed assessment of the unit’s operations;\nparticulars of any directions the local government gave the unit.\ns 190 amd 2013 SL No. 10 s 8 ; 2020 SL No. 244 s 40 ; 2021 Act No. 12 s 217 sch 6 ; 2025 SL No. 161 s 19\n(sec.190-ssec.1) The annual report for a financial year must contain the following information— the chief executive officer’s assessment of the local government’s progress towards implementing its 5-year corporate plan and annual operational plan; particulars of other issues relevant to making an informed assessment of the local government’s operations and performance in the financial year; an annual operations report for each commercial business unit; details of any action taken for, and expenditure on, a service, facility or activity— supplied by another local government under an agreement for conducting a joint government activity; and for which the local government levied special rates or charges for the financial year; the number of invitations to change tenders under section 228 (8) during the financial year; a list of the registers kept by the local government; a summary of all concessions for rates and charges granted by the local government; the report on the internal audit for the financial year; a summary of investigation notices given in the financial year under section 49 for competitive neutrality complaints; the local government’s responses in the financial year on the competition authority’s recommendations on any competitive neutrality complaints under section 52 (3) .\n(sec.190-ssec.2) In this section— annual operations report , for a commercial business unit, means a document that contains the following information for the previous financial year— information that allows an informed assessment of the unit’s operations; particulars of any directions the local government gave the unit.\n- (a) the chief executive officer’s assessment of the local government’s progress towards implementing its 5-year corporate plan and annual operational plan;\n- (b) particulars of other issues relevant to making an informed assessment of the local government’s operations and performance in the financial year;\n- (c) an annual operations report for each commercial business unit;\n- (d) details of any action taken for, and expenditure on, a service, facility or activity— (i) supplied by another local government under an agreement for conducting a joint government activity; and (ii) for which the local government levied special rates or charges for the financial year;\n- (i) supplied by another local government under an agreement for conducting a joint government activity; and\n- (ii) for which the local government levied special rates or charges for the financial year;\n- (e) the number of invitations to change tenders under section 228 (8) during the financial year;\n- (f) a list of the registers kept by the local government;\n- (g) a summary of all concessions for rates and charges granted by the local government;\n- (h) the report on the internal audit for the financial year;\n- (i) a summary of investigation notices given in the financial year under section 49 for competitive neutrality complaints;\n- (j) the local government’s responses in the financial year on the competition authority’s recommendations on any competitive neutrality complaints under section 52 (3) .\n- (i) supplied by another local government under an agreement for conducting a joint government activity; and\n- (ii) for which the local government levied special rates or charges for the financial year;\n- (a) information that allows an informed assessment of the unit’s operations;\n- (b) particulars of any directions the local government gave the unit.","sortOrder":256},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Financial policies","content":"# Financial policies","sortOrder":257},{"sectionNumber":"sec.191","sectionType":"section","heading":"Investment policy","content":"### sec.191 Investment policy\n\nA local government must prepare and adopt an investment policy.\nThe investment policy must outline—\nthe local government’s investment objectives and overall risk philosophy; and\nprocedures for achieving the goals related to investment stated in the policy.\n(sec.191-ssec.1) A local government must prepare and adopt an investment policy.\n(sec.191-ssec.2) The investment policy must outline— the local government’s investment objectives and overall risk philosophy; and procedures for achieving the goals related to investment stated in the policy.\n- (a) the local government’s investment objectives and overall risk philosophy; and\n- (b) procedures for achieving the goals related to investment stated in the policy.","sortOrder":258},{"sectionNumber":"sec.192","sectionType":"section","heading":"Debt policy","content":"### sec.192 Debt policy\n\nA local government must prepare and adopt a debt policy for a financial year.\nThe debt policy must state—\nthe new borrowings planned for the current financial year and the next 9 financial years; and\nthe period over which the local government plans to repay existing and new borrowings.\n(sec.192-ssec.1) A local government must prepare and adopt a debt policy for a financial year.\n(sec.192-ssec.2) The debt policy must state— the new borrowings planned for the current financial year and the next 9 financial years; and the period over which the local government plans to repay existing and new borrowings.\n- (a) the new borrowings planned for the current financial year and the next 9 financial years; and\n- (b) the period over which the local government plans to repay existing and new borrowings.","sortOrder":259},{"sectionNumber":"sec.193","sectionType":"section","heading":"Revenue policy","content":"### sec.193 Revenue policy\n\nA local government’s revenue policy for a financial year must state—\nthe principles that the local government intends to apply in the financial year for—\nlevying rates and charges; and\ngranting concessions for rates and charges; and\nrecovering overdue rates and charges; and\ncost-recovery methods; and\nif the local government intends to grant concessions for rates and charges—the purpose for the concessions; and\nthe extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.\nThe revenue policy may state guidelines that may be used for preparing the local government’s revenue statement.\nA local government must review its revenue policy annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.\n(sec.193-ssec.1) A local government’s revenue policy for a financial year must state— the principles that the local government intends to apply in the financial year for— levying rates and charges; and granting concessions for rates and charges; and recovering overdue rates and charges; and cost-recovery methods; and if the local government intends to grant concessions for rates and charges—the purpose for the concessions; and the extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.\n(sec.193-ssec.2) The revenue policy may state guidelines that may be used for preparing the local government’s revenue statement.\n(sec.193-ssec.3) A local government must review its revenue policy annually and in sufficient time to allow an annual budget that is consistent with the revenue policy to be adopted for the next financial year.\n- (a) the principles that the local government intends to apply in the financial year for— (i) levying rates and charges; and (ii) granting concessions for rates and charges; and (iii) recovering overdue rates and charges; and (iv) cost-recovery methods; and\n- (i) levying rates and charges; and\n- (ii) granting concessions for rates and charges; and\n- (iii) recovering overdue rates and charges; and\n- (iv) cost-recovery methods; and\n- (b) if the local government intends to grant concessions for rates and charges—the purpose for the concessions; and\n- (c) the extent to which physical and social infrastructure costs for a new development are to be funded by charges for the development.\n- (i) levying rates and charges; and\n- (ii) granting concessions for rates and charges; and\n- (iii) recovering overdue rates and charges; and\n- (iv) cost-recovery methods; and","sortOrder":260},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Community grants","content":"# Community grants","sortOrder":261},{"sectionNumber":"sec.194","sectionType":"section","heading":"Grants to community organisations","content":"### sec.194 Grants to community organisations\n\nA local government may give a grant to a community organisation only—\nif the local government is satisfied—\nthe grant will be used for a purpose that is in the public interest; and\nthe community organisation meets the criteria stated in the local government’s community grants policy; and\nin a way that is consistent with the local government’s community grants policy.\n- (a) if the local government is satisfied— (i) the grant will be used for a purpose that is in the public interest; and (ii) the community organisation meets the criteria stated in the local government’s community grants policy; and\n- (i) the grant will be used for a purpose that is in the public interest; and\n- (ii) the community organisation meets the criteria stated in the local government’s community grants policy; and\n- (b) in a way that is consistent with the local government’s community grants policy.\n- (i) the grant will be used for a purpose that is in the public interest; and\n- (ii) the community organisation meets the criteria stated in the local government’s community grants policy; and","sortOrder":262},{"sectionNumber":"sec.195","sectionType":"section","heading":"Community grants policy","content":"### sec.195 Community grants policy\n\nA local government must prepare and adopt a policy about local government grants to community organisations (a community grants policy ), which includes the criteria for a community organisation to be eligible for a grant from the local government.","sortOrder":263},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Spending","content":"# Spending","sortOrder":264},{"sectionNumber":"sec.196","sectionType":"section","heading":"Entertainment and hospitality","content":"### sec.196 Entertainment and hospitality\n\nA local government must prepare and adopt a policy about the local government’s spending on entertainment or hospitality (an entertainment and hospitality policy ).\nentertaining members of the public in order to promote a local government project\nproviding food or beverages to a person who is visiting the local government in an official capacity\nproviding food or beverages for a conference, course, meeting, seminar, workshop or another forum that is held by the local government for its councillors, local government employees or other persons\npaying for a councillor or local government employee to attend a function as part of the councillor’s or employee’s official duties or obligations as a councillor or local government employee\nA local government may spend money on entertainment or hospitality only in a way that is consistent with its entertainment and hospitality policy.\n(sec.196-ssec.1) A local government must prepare and adopt a policy about the local government’s spending on entertainment or hospitality (an entertainment and hospitality policy ). entertaining members of the public in order to promote a local government project providing food or beverages to a person who is visiting the local government in an official capacity providing food or beverages for a conference, course, meeting, seminar, workshop or another forum that is held by the local government for its councillors, local government employees or other persons paying for a councillor or local government employee to attend a function as part of the councillor’s or employee’s official duties or obligations as a councillor or local government employee\n(sec.196-ssec.2) A local government may spend money on entertainment or hospitality only in a way that is consistent with its entertainment and hospitality policy.\n- • entertaining members of the public in order to promote a local government project\n- • providing food or beverages to a person who is visiting the local government in an official capacity\n- • providing food or beverages for a conference, course, meeting, seminar, workshop or another forum that is held by the local government for its councillors, local government employees or other persons\n- • paying for a councillor or local government employee to attend a function as part of the councillor’s or employee’s official duties or obligations as a councillor or local government employee","sortOrder":265},{"sectionNumber":"sec.197","sectionType":"section","heading":"Advertising spending","content":"### sec.197 Advertising spending\n\nA local government must prepare and adopt a policy about the local government’s spending on advertising (an advertising spending policy ).\nA local government may spend money on advertising only—\nif—\nthe advertising is to provide information or education to the public; and\nthe information or education is provided in the public interest; and\nin a way that is consistent with the local government’s advertising spending policy.\nAdvertising is promoting, for the payment of a fee, an idea, goods or services to the public.\n(sec.197-ssec.1) A local government must prepare and adopt a policy about the local government’s spending on advertising (an advertising spending policy ).\n(sec.197-ssec.2) A local government may spend money on advertising only— if— the advertising is to provide information or education to the public; and the information or education is provided in the public interest; and in a way that is consistent with the local government’s advertising spending policy.\n(sec.197-ssec.3) Advertising is promoting, for the payment of a fee, an idea, goods or services to the public.\n- (a) if— (i) the advertising is to provide information or education to the public; and (ii) the information or education is provided in the public interest; and\n- (i) the advertising is to provide information or education to the public; and\n- (ii) the information or education is provided in the public interest; and\n- (b) in a way that is consistent with the local government’s advertising spending policy.\n- (i) the advertising is to provide information or education to the public; and\n- (ii) the information or education is provided in the public interest; and","sortOrder":266},{"sectionNumber":"sec.198","sectionType":"section","heading":"Procurement policy","content":"### sec.198 Procurement policy\n\nA local government must prepare and adopt a policy about procurement (a procurement policy ).\nThe procurement policy must include details of the principles, including the sound contracting principles, that the local government will apply in the financial year for purchasing goods and services.\nA local government must review its procurement policy annually.\n(sec.198-ssec.1) A local government must prepare and adopt a policy about procurement (a procurement policy ).\n(sec.198-ssec.2) The procurement policy must include details of the principles, including the sound contracting principles, that the local government will apply in the financial year for purchasing goods and services.\n(sec.198-ssec.3) A local government must review its procurement policy annually.","sortOrder":267},{"sectionNumber":"ch.5-pt.7","sectionType":"part","heading":"Public access to particular documents","content":"# Public access to particular documents","sortOrder":268},{"sectionNumber":"sec.199","sectionType":"section","heading":"Public access to relevant financial and planning documents","content":"### sec.199 Public access to relevant financial and planning documents\n\nThis section applies to the following documents of a local government—\n5-year corporate plan;\nannual budget;\ngeneral purpose financial statement;\ncommunity financial report;\nannual report;\ninvestment policy;\ndebt policy;\ncommunity grants policy;\nprocurement policy.\nThe local government must allow the public—\nto inspect the documents—\nat the local government’s public office; and\non the local government’s website; and\nto purchase copies of the documents from the local government.\nThe price for purchasing a copy of a document must be no more than the cost to the local government of making the copy available for purchase.\n(sec.199-ssec.1) This section applies to the following documents of a local government— 5-year corporate plan; annual budget; general purpose financial statement; community financial report; annual report; investment policy; debt policy; community grants policy; procurement policy.\n(sec.199-ssec.2) The local government must allow the public— to inspect the documents— at the local government’s public office; and on the local government’s website; and to purchase copies of the documents from the local government.\n(sec.199-ssec.3) The price for purchasing a copy of a document must be no more than the cost to the local government of making the copy available for purchase.\n- (a) 5-year corporate plan;\n- (b) annual budget;\n- (c) general purpose financial statement;\n- (d) community financial report;\n- (e) annual report;\n- (f) investment policy;\n- (g) debt policy;\n- (h) community grants policy;\n- (i) procurement policy.\n- (a) to inspect the documents— (i) at the local government’s public office; and (ii) on the local government’s website; and\n- (i) at the local government’s public office; and\n- (ii) on the local government’s website; and\n- (b) to purchase copies of the documents from the local government.\n- (i) at the local government’s public office; and\n- (ii) on the local government’s website; and","sortOrder":269},{"sectionNumber":"ch.5-pt.8","sectionType":"part","heading":"Local government funds and accounts","content":"# Local government funds and accounts","sortOrder":270},{"sectionNumber":"ch.5-pt.8-div.1","sectionType":"division","heading":"Trust fund","content":"## Trust fund","sortOrder":271},{"sectionNumber":"sec.200","sectionType":"section","heading":"Trust fund","content":"### sec.200 Trust fund\n\nA local government must establish a trust fund.\nA trust fund is a fund that is credited with trust money.\nTrust money is money that is—\npaid to the local government in trust for a person; or\npaid to the local government as a deposit; or\nrequired by an Act to be credited to a trust fund; or\ninterest accrued on money that was paid to the local government under paragraphs (a) to (c) , whether or not the money was required to be paid to the local government, unless the local government and the depositor have agreed the interest accrued should be paid to an entity other than the local government.\nA local government must deposit trust money in a financial institution account.\nA local government must not allow a financial institution account in which trust money has been deposited to be overdrawn at any time.\nThe local government must, at least monthly, reconcile the assets of the trust fund with the liabilities of the trust fund.\n(sec.200-ssec.1) A local government must establish a trust fund.\n(sec.200-ssec.2) A trust fund is a fund that is credited with trust money.\n(sec.200-ssec.3) Trust money is money that is— paid to the local government in trust for a person; or paid to the local government as a deposit; or required by an Act to be credited to a trust fund; or interest accrued on money that was paid to the local government under paragraphs (a) to (c) , whether or not the money was required to be paid to the local government, unless the local government and the depositor have agreed the interest accrued should be paid to an entity other than the local government.\n(sec.200-ssec.4) A local government must deposit trust money in a financial institution account.\n(sec.200-ssec.5) A local government must not allow a financial institution account in which trust money has been deposited to be overdrawn at any time.\n(sec.200-ssec.6) The local government must, at least monthly, reconcile the assets of the trust fund with the liabilities of the trust fund.\n- (a) paid to the local government in trust for a person; or\n- (b) paid to the local government as a deposit; or\n- (c) required by an Act to be credited to a trust fund; or\n- (d) interest accrued on money that was paid to the local government under paragraphs (a) to (c) , whether or not the money was required to be paid to the local government, unless the local government and the depositor have agreed the interest accrued should be paid to an entity other than the local government.","sortOrder":272},{"sectionNumber":"sec.201","sectionType":"section","heading":"Transferring money to or from a trust fund","content":"### sec.201 Transferring money to or from a trust fund\n\nA local government may transfer trust money from a trust fund only in compliance with this section.\nThe local government may transfer trust money from a trust fund—\nto, or for, the person who is entitled to the money, according to law; or\nas required by the relevant Act under which the money was paid into the trust fund.\nIf the purpose for which an amount of trust money was credited to the trust fund no longer exists, the local government may, if it has resolved the purpose no longer exists, transfer the amount from the trust fund.\nIf an amount of trust money is mistakenly not credited to the trust fund, the local government must transfer the amount to the trust fund as soon as practicable, but no longer than 5 working days, after the local government becomes aware the amount has been incorrectly credited.\nIf an amount that is not trust money is mistakenly credited to the trust fund, the local government must transfer the amount from the fund as soon as practicable, but no longer than 5 working days, after the local government becomes aware the amount has been incorrectly credited.\nMoney that is trust money under section 200 (3) (d) may be transferred from the trust fund at any time.\n(sec.201-ssec.1) A local government may transfer trust money from a trust fund only in compliance with this section.\n(sec.201-ssec.2) The local government may transfer trust money from a trust fund— to, or for, the person who is entitled to the money, according to law; or as required by the relevant Act under which the money was paid into the trust fund.\n(sec.201-ssec.3) If the purpose for which an amount of trust money was credited to the trust fund no longer exists, the local government may, if it has resolved the purpose no longer exists, transfer the amount from the trust fund.\n(sec.201-ssec.4) If an amount of trust money is mistakenly not credited to the trust fund, the local government must transfer the amount to the trust fund as soon as practicable, but no longer than 5 working days, after the local government becomes aware the amount has been incorrectly credited.\n(sec.201-ssec.5) If an amount that is not trust money is mistakenly credited to the trust fund, the local government must transfer the amount from the fund as soon as practicable, but no longer than 5 working days, after the local government becomes aware the amount has been incorrectly credited.\n(sec.201-ssec.6) Money that is trust money under section 200 (3) (d) may be transferred from the trust fund at any time.\n- (a) to, or for, the person who is entitled to the money, according to law; or\n- (b) as required by the relevant Act under which the money was paid into the trust fund.","sortOrder":273},{"sectionNumber":"ch.5-pt.8-div.2","sectionType":"division","heading":"Discretionary funds","content":"## Discretionary funds","sortOrder":274},{"sectionNumber":"sec.201A","sectionType":"section","heading":"Purpose of division","content":"### sec.201A Purpose of division\n\nThis division—\nprovides for how a local government may make discretionary funds available; and\nprescribes, for section 109 of the Act , requirements for a councillor for using discretionary funds.\ns 201A ins 2019 SL No. 229 s 20\n- (a) provides for how a local government may make discretionary funds available; and\n- (b) prescribes, for section 109 of the Act , requirements for a councillor for using discretionary funds.","sortOrder":275},{"sectionNumber":"sec.201B","sectionType":"section","heading":"Requirements for local government about discretionary funds","content":"### sec.201B Requirements for local government about discretionary funds\n\nA local government may, for a financial year, budget an amount of discretionary funds for use by councillors for either or both of the following purposes—\ncapital works of the local government that are for a community purpose;\nother community purposes.\nHowever, the amount a local government budgets as discretionary funds for a financial year under subsection (1) (b) must not be more than the prescribed amount for the local government for the financial year.\nThe amount of discretionary funds a local government budgets for allocation by each councillor in a financial year must be the same for all councillors.\nA local government must, within 20 business days after adopting its budget for a financial year, make publicly available a notice (the availability notice ) stating—\nthe total amount budgeted for the financial year as the local government’s discretionary funds; and\nthe prescribed amount for the local government for the financial year; and\nthe total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes—\ncapital works of the local government that are for a community purpose;\nother community purposes; and\nthe amount of discretionary funds budgeted for use by each councillor for the financial year for each of the following purposes—\ncapital works of the local government that are for a community purpose;\nother community purposes; and\nhow community organisations may apply for allocation of the funds.\nIn this section—\nprescribed amount , for a local government for a financial year, means 0.1% of the local government’s revenue from general rates for the previous financial year.\ns 201B ins 2019 SL No. 229 s 20\n(sec.201B-ssec.1) A local government may, for a financial year, budget an amount of discretionary funds for use by councillors for either or both of the following purposes— capital works of the local government that are for a community purpose; other community purposes.\n(sec.201B-ssec.2) However, the amount a local government budgets as discretionary funds for a financial year under subsection (1) (b) must not be more than the prescribed amount for the local government for the financial year.\n(sec.201B-ssec.3) The amount of discretionary funds a local government budgets for allocation by each councillor in a financial year must be the same for all councillors.\n(sec.201B-ssec.4) A local government must, within 20 business days after adopting its budget for a financial year, make publicly available a notice (the availability notice ) stating— the total amount budgeted for the financial year as the local government’s discretionary funds; and the prescribed amount for the local government for the financial year; and the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— capital works of the local government that are for a community purpose; other community purposes; and the amount of discretionary funds budgeted for use by each councillor for the financial year for each of the following purposes— capital works of the local government that are for a community purpose; other community purposes; and how community organisations may apply for allocation of the funds.\n(sec.201B-ssec.5) In this section— prescribed amount , for a local government for a financial year, means 0.1% of the local government’s revenue from general rates for the previous financial year.\n- (a) capital works of the local government that are for a community purpose;\n- (b) other community purposes.\n- (a) the total amount budgeted for the financial year as the local government’s discretionary funds; and\n- (b) the prescribed amount for the local government for the financial year; and\n- (c) the total amount of discretionary funds budgeted for the financial year for councillors to allocate for each of the following purposes— (i) capital works of the local government that are for a community purpose; (ii) other community purposes; and\n- (i) capital works of the local government that are for a community purpose;\n- (ii) other community purposes; and\n- (d) the amount of discretionary funds budgeted for use by each councillor for the financial year for each of the following purposes— (i) capital works of the local government that are for a community purpose; (ii) other community purposes; and\n- (i) capital works of the local government that are for a community purpose;\n- (ii) other community purposes; and\n- (e) how community organisations may apply for allocation of the funds.\n- (i) capital works of the local government that are for a community purpose;\n- (ii) other community purposes; and\n- (i) capital works of the local government that are for a community purpose;\n- (ii) other community purposes; and","sortOrder":276},{"sectionNumber":"sec.202","sectionType":"section","heading":"Requirements for councillors about discretionary funds— Act , s 109","content":"### sec.202 Requirements for councillors about discretionary funds— Act , s 109\n\nA councillor may allocate the councillor’s discretionary funds under this section in any of the following ways—\nfor capital works of the local government that are for a community purpose;\nto a community organisation for a community purpose;\nfor another community purpose.\nA councillor may make an allocation under subsection (1) (a) only if—\nbefore the allocation is made, it is approved by—\nif the councillor is the mayor—the deputy mayor and the chief executive officer; or\notherwise—the mayor and the chief executive officer; and\nthe amount stated in the availability notice under section 201B (4) (d) (i) is not exceeded if the allocation is made.\nA councillor may make an allocation under subsection (1) (b) only if—\nthe funds are allocated—\nto a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and\nin a way that is consistent with the local government’s community grants policy; and\nthe amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made.\nA councillor may make an allocation under subsection (1) (c) only if the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made.\nA councillor—\nmay allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and\nmust not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .\nIn deciding whether to approve an allocation under subsection (2) (a) , the mayor, deputy mayor or chief executive officer must have regard to the local government’s 5-year corporate plan, long-term asset management plan and annual budget.\ns 202 amd 2019 SL No. 229 s 18\nsub 2019 SL No. 229 s 20\namd 2025 SL No. 161 s 20\n(sec.202-ssec.1) A councillor may allocate the councillor’s discretionary funds under this section in any of the following ways— for capital works of the local government that are for a community purpose; to a community organisation for a community purpose; for another community purpose.\n(sec.202-ssec.2) A councillor may make an allocation under subsection (1) (a) only if— before the allocation is made, it is approved by— if the councillor is the mayor—the deputy mayor and the chief executive officer; or otherwise—the mayor and the chief executive officer; and the amount stated in the availability notice under section 201B (4) (d) (i) is not exceeded if the allocation is made.\n(sec.202-ssec.3) A councillor may make an allocation under subsection (1) (b) only if— the funds are allocated— to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and in a way that is consistent with the local government’s community grants policy; and the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made.\n(sec.202-ssec.4) A councillor may make an allocation under subsection (1) (c) only if the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made.\n(sec.202-ssec.5) A councillor— may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .\n(sec.202-ssec.6) In deciding whether to approve an allocation under subsection (2) (a) , the mayor, deputy mayor or chief executive officer must have regard to the local government’s 5-year corporate plan, long-term asset management plan and annual budget.\n- (a) for capital works of the local government that are for a community purpose;\n- (b) to a community organisation for a community purpose;\n- (c) for another community purpose.\n- (a) before the allocation is made, it is approved by— (i) if the councillor is the mayor—the deputy mayor and the chief executive officer; or (ii) otherwise—the mayor and the chief executive officer; and\n- (i) if the councillor is the mayor—the deputy mayor and the chief executive officer; or\n- (ii) otherwise—the mayor and the chief executive officer; and\n- (b) the amount stated in the availability notice under section 201B (4) (d) (i) is not exceeded if the allocation is made.\n- (i) if the councillor is the mayor—the deputy mayor and the chief executive officer; or\n- (ii) otherwise—the mayor and the chief executive officer; and\n- (a) the funds are allocated— (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and (ii) in a way that is consistent with the local government’s community grants policy; and\n- (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and\n- (ii) in a way that is consistent with the local government’s community grants policy; and\n- (b) the amount stated in the availability notice under section 201B (4) (d) (ii) is not exceeded if the allocation is made.\n- (i) to a community organisation that has applied for the funds in the way stated in the availability notice under section 201B (4) ; and\n- (ii) in a way that is consistent with the local government’s community grants policy; and\n- (a) may allocate the councillor’s discretionary funds only in the financial year for which the funds are budgeted; and\n- (b) must not allocate the councillor’s discretionary funds for supplying administrative or support services for performing the councillor’s responsibilities under the Act .","sortOrder":277},{"sectionNumber":"sec.202A","sectionType":"section","heading":"Requirements for notice of allocation","content":"### sec.202A Requirements for notice of allocation\n\nWithin 7 business days after a councillor allocates an amount of discretionary funds under section 202 , the councillor must give the chief executive officer a notice about the allocation stating—\nthe amount allocated; and\nthe date the amount was allocated; and\nthe way mentioned in section 202 (1) in which the amount was allocated; and\nif the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\nthe purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\nMaximum penalty—10 penalty units.\nTo remove any doubt, it is declared that the requirement to give the chief executive officer a notice about the allocation under subsection (1) continues to apply to a person who—\nwas a councillor when the allocation was made; and\nstops being a councillor before the notice is given.\nWithin 7 business days after the chief executive officer is given a notice under subsection (1) , the local government must publish the notice on its website.\ns 202A ins 2019 SL No. 229 s 20\namd 2025 SL No. 161 s 21\n(sec.202A-ssec.1) Within 7 business days after a councillor allocates an amount of discretionary funds under section 202 , the councillor must give the chief executive officer a notice about the allocation stating— the amount allocated; and the date the amount was allocated; and the way mentioned in section 202 (1) in which the amount was allocated; and if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent. Maximum penalty—10 penalty units.\n(sec.202A-ssec.2) To remove any doubt, it is declared that the requirement to give the chief executive officer a notice about the allocation under subsection (1) continues to apply to a person who— was a councillor when the allocation was made; and stops being a councillor before the notice is given.\n(sec.202A-ssec.3) Within 7 business days after the chief executive officer is given a notice under subsection (1) , the local government must publish the notice on its website.\n- (a) the amount allocated; and\n- (b) the date the amount was allocated; and\n- (c) the way mentioned in section 202 (1) in which the amount was allocated; and\n- (d) if the amount was allocated to a person or organisation—the name of the person or organisation to whom the allocation was made; and\n- (e) the purpose for which the amount was allocated, including sufficient details to identify how the funds were, or are to be, spent.\n- (a) was a councillor when the allocation was made; and\n- (b) stops being a councillor before the notice is given.","sortOrder":278},{"sectionNumber":"ch.5-pt.9","sectionType":"part","heading":"Accounting records","content":"# Accounting records","sortOrder":279},{"sectionNumber":"sec.203","sectionType":"section","heading":"Accounting records for funds generally","content":"### sec.203 Accounting records for funds generally\n\nA local government must establish separate accounting records for—\nits operations; and\nits trust fund.\nThe accounting records for a financial year must give a comparison with its annual budget for the financial year.\n(sec.203-ssec.1) A local government must establish separate accounting records for— its operations; and its trust fund.\n(sec.203-ssec.2) The accounting records for a financial year must give a comparison with its annual budget for the financial year.\n- (a) its operations; and\n- (b) its trust fund.","sortOrder":280},{"sectionNumber":"sec.204","sectionType":"section","heading":"Financial report","content":"### sec.204 Financial report\n\nThe local government must prepare a financial report.\nThe chief executive officer must present the financial report—\nif the local government meets less frequently than monthly—at each meeting of the local government; or\notherwise—at a meeting of the local government once a month.\nThe financial report must state the progress that has been made in relation to the local government’s budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held.\n(sec.204-ssec.1) The local government must prepare a financial report.\n(sec.204-ssec.2) The chief executive officer must present the financial report— if the local government meets less frequently than monthly—at each meeting of the local government; or otherwise—at a meeting of the local government once a month.\n(sec.204-ssec.3) The financial report must state the progress that has been made in relation to the local government’s budget for the period of the financial year up to a day as near as practicable to the end of the month before the meeting is held.\n- (a) if the local government meets less frequently than monthly—at each meeting of the local government; or\n- (b) otherwise—at a meeting of the local government once a month.","sortOrder":281},{"sectionNumber":"sec.205","sectionType":"section","heading":"Statement of estimated financial position","content":"### sec.205 Statement of estimated financial position\n\nThe chief executive officer must present the local government’s annual budget meeting with a statement of estimated financial position.\nA statement of estimated financial position is a document stating the financial operations, and financial position, of the local government for the previous financial year.\n(sec.205-ssec.1) The chief executive officer must present the local government’s annual budget meeting with a statement of estimated financial position.\n(sec.205-ssec.2) A statement of estimated financial position is a document stating the financial operations, and financial position, of the local government for the previous financial year.","sortOrder":282},{"sectionNumber":"ch.5-pt.10","sectionType":"part","heading":"Asset accounting","content":"# Asset accounting","sortOrder":283},{"sectionNumber":"sec.206","sectionType":"section","heading":"Valuation of non-current physical assets","content":"### sec.206 Valuation of non-current physical assets\n\nThe value of a local government’s non-current physical assets must be worked out using the prescribed accounting standards.\nThe local government must, by resolution, set an amount for each different type of non-current physical asset below which the value of an asset of the same type must be treated as an expense.\nThe amount must be included in a note in the local government’s general purpose financial statement.\nFor subsection (2) , the following assets that are controlled by the local government do not have a value for a local government’s general purpose financial statement—\nland that is a reserve under the Land Act ;\na road that is not owned by the local government.\n(sec.206-ssec.1) The value of a local government’s non-current physical assets must be worked out using the prescribed accounting standards.\n(sec.206-ssec.2) The local government must, by resolution, set an amount for each different type of non-current physical asset below which the value of an asset of the same type must be treated as an expense.\n(sec.206-ssec.3) The amount must be included in a note in the local government’s general purpose financial statement.\n(sec.206-ssec.4) For subsection (2) , the following assets that are controlled by the local government do not have a value for a local government’s general purpose financial statement— land that is a reserve under the Land Act ; a road that is not owned by the local government.\n- (a) land that is a reserve under the Land Act ;\n- (b) a road that is not owned by the local government.","sortOrder":284},{"sectionNumber":"ch.5-pt.11","sectionType":"part","heading":"Auditing","content":"# Auditing","sortOrder":285},{"sectionNumber":"ch.5-pt.11-div.1","sectionType":"division","heading":"Internal audit function","content":"## Internal audit function","sortOrder":286},{"sectionNumber":"sec.206A","sectionType":"section","heading":"Prescribed class for large local government— Act , s 105","content":"### sec.206A Prescribed class for large local government— Act , s 105\n\nFor section 105 (3) of the Act , definition large local government , the class of local governments comprising the local governments mentioned in schedule 3A is prescribed.\nUnder section 105 (2) of the Act , a large local government is required to establish an audit committee.\ns 206A ins 2024 SL No. 75 s 8","sortOrder":287},{"sectionNumber":"sec.207","sectionType":"section","heading":"Internal audit","content":"### sec.207 Internal audit\n\nFor each financial year, a local government must—\nprepare an internal audit plan; and\ncarry out an internal audit; and\nprepare a progress report for the internal audit; and\nassess compliance with the internal audit plan.\nA local government’s internal audit plan is a document that includes statements about—\nthe way in which the operational risks have been evaluated; and\nthe most significant operational risks identified from the evaluation; and\nthe control measures that the local government has adopted, or is to adopt, to manage the most significant operational risks.\nA local government must give its audit committee—\nthe progress report mentioned in subsection (1) (c) ; and\nat least twice during the year after the internal audit is carried out, each of the following documents—\na summary of the recommendations stated in the report;\na summary of the actions that have been taken by the local government in response to the recommendations;\na summary of any actions that have not been taken by the local government in response to the recommendations.\nIf a local government does not have an audit committee, a reference to the committee in subsection (3) is taken to be a reference to the chief executive officer.\n(sec.207-ssec.1) For each financial year, a local government must— prepare an internal audit plan; and carry out an internal audit; and prepare a progress report for the internal audit; and assess compliance with the internal audit plan.\n(sec.207-ssec.2) A local government’s internal audit plan is a document that includes statements about— the way in which the operational risks have been evaluated; and the most significant operational risks identified from the evaluation; and the control measures that the local government has adopted, or is to adopt, to manage the most significant operational risks.\n(sec.207-ssec.3) A local government must give its audit committee— the progress report mentioned in subsection (1) (c) ; and at least twice during the year after the internal audit is carried out, each of the following documents— a summary of the recommendations stated in the report; a summary of the actions that have been taken by the local government in response to the recommendations; a summary of any actions that have not been taken by the local government in response to the recommendations.\n(sec.207-ssec.4) If a local government does not have an audit committee, a reference to the committee in subsection (3) is taken to be a reference to the chief executive officer.\n- (a) prepare an internal audit plan; and\n- (b) carry out an internal audit; and\n- (c) prepare a progress report for the internal audit; and\n- (d) assess compliance with the internal audit plan.\n- (a) the way in which the operational risks have been evaluated; and\n- (b) the most significant operational risks identified from the evaluation; and\n- (c) the control measures that the local government has adopted, or is to adopt, to manage the most significant operational risks.\n- (a) the progress report mentioned in subsection (1) (c) ; and\n- (b) at least twice during the year after the internal audit is carried out, each of the following documents— (i) a summary of the recommendations stated in the report; (ii) a summary of the actions that have been taken by the local government in response to the recommendations; (iii) a summary of any actions that have not been taken by the local government in response to the recommendations.\n- (i) a summary of the recommendations stated in the report;\n- (ii) a summary of the actions that have been taken by the local government in response to the recommendations;\n- (iii) a summary of any actions that have not been taken by the local government in response to the recommendations.\n- (i) a summary of the recommendations stated in the report;\n- (ii) a summary of the actions that have been taken by the local government in response to the recommendations;\n- (iii) a summary of any actions that have not been taken by the local government in response to the recommendations.","sortOrder":288},{"sectionNumber":"sec.208","sectionType":"section","heading":"Application of sdiv 2","content":"### sec.208 Application of sdiv 2\n\nThis subdivision applies to an audit committee whether it is established by a large local government or another local government.","sortOrder":289},{"sectionNumber":"sec.209","sectionType":"section","heading":null,"content":"### Section sec.209\n\ns 209 om 2024 SL No. 75 s 9","sortOrder":290},{"sectionNumber":"sec.210","sectionType":"section","heading":"Audit committee composition","content":"### sec.210 Audit committee composition\n\nThe audit committee of a local government must—\nconsist of at least 3 and no more than 6 members; and\ninclude—\n1, but no more than 2, councillors appointed by the local government; and\nat least 1 member who has significant experience and skills in financial matters.\nThe chief executive officer can not be a member of the audit committee but can attend meetings of the committee.\nThe local government must appoint 1 of the members of the audit committee as chairperson.\ns 210 amd 2014 SL No. 290 s 23\n(sec.210-ssec.1) The audit committee of a local government must— consist of at least 3 and no more than 6 members; and include— 1, but no more than 2, councillors appointed by the local government; and at least 1 member who has significant experience and skills in financial matters.\n(sec.210-ssec.2) The chief executive officer can not be a member of the audit committee but can attend meetings of the committee.\n(sec.210-ssec.3) The local government must appoint 1 of the members of the audit committee as chairperson.\n- (a) consist of at least 3 and no more than 6 members; and\n- (b) include— (i) 1, but no more than 2, councillors appointed by the local government; and (ii) at least 1 member who has significant experience and skills in financial matters.\n- (i) 1, but no more than 2, councillors appointed by the local government; and\n- (ii) at least 1 member who has significant experience and skills in financial matters.\n- (i) 1, but no more than 2, councillors appointed by the local government; and\n- (ii) at least 1 member who has significant experience and skills in financial matters.","sortOrder":291},{"sectionNumber":"sec.211","sectionType":"section","heading":"Audit committee meetings","content":"### sec.211 Audit committee meetings\n\nThe audit committee of a local government must—\nmeet at least twice each financial year; and\nreview each of the following matters—\nthe internal audit plan for the internal audit for the current financial year;\nthe internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate;\na draft of the local government’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 212 ;\nthe auditor-general’s audit report and auditor-general’s observation report about the local government’s financial statements for the preceding financial year; and\nas soon as practicable after a meeting of the committee, give the local government a written report about the matters reviewed at the meeting and the committee’s recommendations about the matters.\nAt a meeting of the audit committee—\na quorum is at least half the number of members of the committee; and\nIf the committee consists of 4 members, a quorum is 2.\nIf the committee consists of 5 members, a quorum is 3.\neither—\nthe chairperson presides; or\nif the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\nThe audit committee may, for performing its functions under subsection (1) (b) , seek information or advice from the person who has carried out the internal audit.\nThe chief executive officer must present the report mentioned in subsection (1) (c) at the next meeting of the local government.\n(sec.211-ssec.1) The audit committee of a local government must— meet at least twice each financial year; and review each of the following matters— the internal audit plan for the internal audit for the current financial year; the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate; a draft of the local government’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 212 ; the auditor-general’s audit report and auditor-general’s observation report about the local government’s financial statements for the preceding financial year; and as soon as practicable after a meeting of the committee, give the local government a written report about the matters reviewed at the meeting and the committee’s recommendations about the matters.\n(sec.211-ssec.2) At a meeting of the audit committee— a quorum is at least half the number of members of the committee; and If the committee consists of 4 members, a quorum is 2. If the committee consists of 5 members, a quorum is 3. either— the chairperson presides; or if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\n(sec.211-ssec.3) The audit committee may, for performing its functions under subsection (1) (b) , seek information or advice from the person who has carried out the internal audit.\n(sec.211-ssec.4) The chief executive officer must present the report mentioned in subsection (1) (c) at the next meeting of the local government.\n- (a) meet at least twice each financial year; and\n- (b) review each of the following matters— (i) the internal audit plan for the internal audit for the current financial year; (ii) the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate; (iii) a draft of the local government’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 212 ; (iv) the auditor-general’s audit report and auditor-general’s observation report about the local government’s financial statements for the preceding financial year; and\n- (i) the internal audit plan for the internal audit for the current financial year;\n- (ii) the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate;\n- (iii) a draft of the local government’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 212 ;\n- (iv) the auditor-general’s audit report and auditor-general’s observation report about the local government’s financial statements for the preceding financial year; and\n- (c) as soon as practicable after a meeting of the committee, give the local government a written report about the matters reviewed at the meeting and the committee’s recommendations about the matters.\n- (i) the internal audit plan for the internal audit for the current financial year;\n- (ii) the internal audit progress report for the internal audit for the preceding financial year including the recommendations in the report and the actions to which the recommendations relate;\n- (iii) a draft of the local government’s financial statements for the preceding financial year before the statements are certified and given to the auditor-general under section 212 ;\n- (iv) the auditor-general’s audit report and auditor-general’s observation report about the local government’s financial statements for the preceding financial year; and\n- (a) a quorum is at least half the number of members of the committee; and Examples— 1 If the committee consists of 4 members, a quorum is 2. 2 If the committee consists of 5 members, a quorum is 3.\n- 1 If the committee consists of 4 members, a quorum is 2.\n- 2 If the committee consists of 5 members, a quorum is 3.\n- (b) either— (i) the chairperson presides; or (ii) if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\n- (i) the chairperson presides; or\n- (ii) if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.\n- 1 If the committee consists of 4 members, a quorum is 2.\n- 2 If the committee consists of 5 members, a quorum is 3.\n- (i) the chairperson presides; or\n- (ii) if the chairperson is absent, the member chosen by the members present as chairperson for the meeting presides.","sortOrder":292},{"sectionNumber":"ch.5-pt.11-div.2","sectionType":"division","heading":"External auditing","content":"## External auditing","sortOrder":293},{"sectionNumber":"sec.212","sectionType":"section","heading":"Auditing of financial statements by auditor-general","content":"### sec.212 Auditing of financial statements by auditor-general\n\nA local government’s general purpose financial statement and current-year financial sustainability statement for a financial year must be given to the auditor-general for auditing.\nAlso, a local government’s long-term financial sustainability statement for the financial year must be given to the auditor-general for information.\nThe financial statements mentioned in subsections (1) and (2) must be given to the auditor-general by a date agreed between the chief executive officer and the auditor-general.\nThe date agreed under subsection (3) must allow the audit of the financial statements, and the auditor-general’s audit report about the statements, to be completed no later than 4 months after the end of the financial year to which the statements relate.\nThe financial statements given to the auditor-general must be accompanied by a certificate in the approved form given by the mayor and chief executive officer, certifying whether, in their opinion—\nin relation to the general purpose financial statement—\nany requirements prescribed under the Act or another Act for establishing and keeping the local government’s accounts have been complied with in all material respects; and\nthe statement presents a true and fair view, in compliance with the prescribed accounting standards, of the local government’s transactions for the financial year and financial position at the end of the year; and\nin relation to the current-year financial sustainability statement and the long-term financial sustainability statement—the statements have been accurately calculated.\nSubsection (7) applies if the Minister considers there are extraordinary circumstances that make it impractical for a local government to give the auditor-general its financial statements by a date that would allow the audit and report to be completed within the time stated in subsection (4) .\nThe Minister may, by notice to the local government, decide later dates by which the statements must be given and the audit and report must be completed.\n(sec.212-ssec.1) A local government’s general purpose financial statement and current-year financial sustainability statement for a financial year must be given to the auditor-general for auditing.\n(sec.212-ssec.2) Also, a local government’s long-term financial sustainability statement for the financial year must be given to the auditor-general for information.\n(sec.212-ssec.3) The financial statements mentioned in subsections (1) and (2) must be given to the auditor-general by a date agreed between the chief executive officer and the auditor-general.\n(sec.212-ssec.4) The date agreed under subsection (3) must allow the audit of the financial statements, and the auditor-general’s audit report about the statements, to be completed no later than 4 months after the end of the financial year to which the statements relate.\n(sec.212-ssec.5) The financial statements given to the auditor-general must be accompanied by a certificate in the approved form given by the mayor and chief executive officer, certifying whether, in their opinion— in relation to the general purpose financial statement— any requirements prescribed under the Act or another Act for establishing and keeping the local government’s accounts have been complied with in all material respects; and the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the local government’s transactions for the financial year and financial position at the end of the year; and in relation to the current-year financial sustainability statement and the long-term financial sustainability statement—the statements have been accurately calculated.\n(sec.212-ssec.6) Subsection (7) applies if the Minister considers there are extraordinary circumstances that make it impractical for a local government to give the auditor-general its financial statements by a date that would allow the audit and report to be completed within the time stated in subsection (4) .\n(sec.212-ssec.7) The Minister may, by notice to the local government, decide later dates by which the statements must be given and the audit and report must be completed.\n- (a) in relation to the general purpose financial statement— (i) any requirements prescribed under the Act or another Act for establishing and keeping the local government’s accounts have been complied with in all material respects; and (ii) the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the local government’s transactions for the financial year and financial position at the end of the year; and\n- (i) any requirements prescribed under the Act or another Act for establishing and keeping the local government’s accounts have been complied with in all material respects; and\n- (ii) the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the local government’s transactions for the financial year and financial position at the end of the year; and\n- (b) in relation to the current-year financial sustainability statement and the long-term financial sustainability statement—the statements have been accurately calculated.\n- (i) any requirements prescribed under the Act or another Act for establishing and keeping the local government’s accounts have been complied with in all material respects; and\n- (ii) the statement presents a true and fair view, in compliance with the prescribed accounting standards, of the local government’s transactions for the financial year and financial position at the end of the year; and","sortOrder":294},{"sectionNumber":"sec.213","sectionType":"section","heading":"Presentation of auditor-general’s observation report","content":"### sec.213 Presentation of auditor-general’s observation report\n\nThis section applies if the auditor-general gives the mayor of a local government a copy of the auditor-general’s observation report about an audit of the local government’s financial statements.\nAn auditor-general’s observation report , about an audit of a local government’s financial statements, is a report about the audit prepared under section 54 of the Auditor-General Act 2009 that includes observations and suggestions made by the auditor-general about anything arising out of the audit.\nThe mayor must present a copy of the report at the next ordinary meeting of the local government.\n(sec.213-ssec.1) This section applies if the auditor-general gives the mayor of a local government a copy of the auditor-general’s observation report about an audit of the local government’s financial statements.\n(sec.213-ssec.2) An auditor-general’s observation report , about an audit of a local government’s financial statements, is a report about the audit prepared under section 54 of the Auditor-General Act 2009 that includes observations and suggestions made by the auditor-general about anything arising out of the audit.\n(sec.213-ssec.3) The mayor must present a copy of the report at the next ordinary meeting of the local government.","sortOrder":295},{"sectionNumber":"ch.5-pt.11-div.3","sectionType":"division","heading":"Controlled entities","content":"## Controlled entities","sortOrder":296},{"sectionNumber":"sec.213A","sectionType":"section","heading":"Notices for notifiable events and governing documents","content":"### sec.213A Notices for notifiable events and governing documents\n\nSubsection (2) applies if—\na controlled entity of a local government is established or abolished (a notifiable event ); or\nan entity becomes a controlled entity, or stops being a controlled entity, of a local government (also a notifiable event ).\nThe local government must, within 14 days after the notifiable event happens, give the Minister—\na notice stating the following—\nthe name of the controlled entity;\na description of the notifiable event;\nwhen the notifiable event happened; and\nany documents, including governing documents, about the controlled entity that the local government considers to be relevant to the notifiable event.\nIf a governing document of a controlled entity of a local government changes, the local government must, within 14 days of the change happening, give the Minister—\na notice stating details of the change; and\na copy of the governing document as amended.\nIn this section—\ngoverning document , of a controlled entity, means a document that governs the activities of the controlled entity or the members of the controlled entity.\nthe constitution of the controlled entity, a statement of corporate intent\ns 213A ins 2020 SL No. 244 s 41\n(sec.213A-ssec.1) Subsection (2) applies if— a controlled entity of a local government is established or abolished (a notifiable event ); or an entity becomes a controlled entity, or stops being a controlled entity, of a local government (also a notifiable event ).\n(sec.213A-ssec.2) The local government must, within 14 days after the notifiable event happens, give the Minister— a notice stating the following— the name of the controlled entity; a description of the notifiable event; when the notifiable event happened; and any documents, including governing documents, about the controlled entity that the local government considers to be relevant to the notifiable event.\n(sec.213A-ssec.3) If a governing document of a controlled entity of a local government changes, the local government must, within 14 days of the change happening, give the Minister— a notice stating details of the change; and a copy of the governing document as amended.\n(sec.213A-ssec.4) In this section— governing document , of a controlled entity, means a document that governs the activities of the controlled entity or the members of the controlled entity. the constitution of the controlled entity, a statement of corporate intent\n- (a) a controlled entity of a local government is established or abolished (a notifiable event ); or\n- (b) an entity becomes a controlled entity, or stops being a controlled entity, of a local government (also a notifiable event ).\n- (a) a notice stating the following— (i) the name of the controlled entity; (ii) a description of the notifiable event; (iii) when the notifiable event happened; and\n- (i) the name of the controlled entity;\n- (ii) a description of the notifiable event;\n- (iii) when the notifiable event happened; and\n- (b) any documents, including governing documents, about the controlled entity that the local government considers to be relevant to the notifiable event.\n- (i) the name of the controlled entity;\n- (ii) a description of the notifiable event;\n- (iii) when the notifiable event happened; and\n- (a) a notice stating details of the change; and\n- (b) a copy of the governing document as amended.","sortOrder":297},{"sectionNumber":"sec.213B","sectionType":"section","heading":"Local government to obtain copy of audited financial statements of controlled entities","content":"### sec.213B Local government to obtain copy of audited financial statements of controlled entities\n\nThis section applies if the financial statements of a controlled entity of a local government are audited under the Auditor-General Act 2009 .\nThe local government must obtain a copy of the audited financial statements of the controlled entity from—\nthe controlled entity; or\nif the controlled entity is subject to the control of another entity and the other entity is subject to the control of the local government—the other entity.\nThe mayor must present the copy of the audited financial statements at the next ordinary meeting of the local government.\nThe local government must ensure that, within 14 days after the copy of the audited financial statements is presented at the meeting, the copy is, or a link to the copy is, published on the local government’s website.\ns 213B ins 2020 SL No. 244 s 41\n(sec.213B-ssec.1) This section applies if the financial statements of a controlled entity of a local government are audited under the Auditor-General Act 2009 .\n(sec.213B-ssec.2) The local government must obtain a copy of the audited financial statements of the controlled entity from— the controlled entity; or if the controlled entity is subject to the control of another entity and the other entity is subject to the control of the local government—the other entity.\n(sec.213B-ssec.3) The mayor must present the copy of the audited financial statements at the next ordinary meeting of the local government.\n(sec.213B-ssec.4) The local government must ensure that, within 14 days after the copy of the audited financial statements is presented at the meeting, the copy is, or a link to the copy is, published on the local government’s website.\n- (a) the controlled entity; or\n- (b) if the controlled entity is subject to the control of another entity and the other entity is subject to the control of the local government—the other entity.","sortOrder":298},{"sectionNumber":"ch.5-pt.12","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":299},{"sectionNumber":"sec.214","sectionType":"section","heading":"Required amounts for insurances— Act , s 107","content":"### sec.214 Required amounts for insurances— Act , s 107\n\nThe required amounts for the insurances maintained by a local government are as follows—\nfor public liability insurance—$30m;\nfor professional indemnity insurance—$10m.\n- (a) for public liability insurance—$30m;\n- (b) for professional indemnity insurance—$10m.","sortOrder":300},{"sectionNumber":"sec.215","sectionType":"section","heading":"Notice of payment of notional GST","content":"### sec.215 Notice of payment of notional GST\n\nA local government must, no later than 15 September in each financial year, give the department’s chief executive a notice stating that the local government has paid notional GST for the previous financial year.","sortOrder":301},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":302},{"sectionNumber":"sec.216","sectionType":"section","heading":"What ch 6 is about","content":"### sec.216 What ch 6 is about\n\nThis chapter is about a local government’s activities for the making of a contract for—\nthe supply of goods or services; or\nthe disposal of non-current assets.\nHowever, this chapter does not apply to a local government making a contract of employment with a local government employee.\ns 216 amd 2013 SL No. 273 s 21\n(sec.216-ssec.1) This chapter is about a local government’s activities for the making of a contract for— the supply of goods or services; or the disposal of non-current assets.\n(sec.216-ssec.2) However, this chapter does not apply to a local government making a contract of employment with a local government employee.\n- (a) the supply of goods or services; or\n- (b) the disposal of non-current assets.","sortOrder":303},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Strategic contracting procedures","content":"# Strategic contracting procedures","sortOrder":304},{"sectionNumber":"sec.217","sectionType":"section","heading":"What pt 2 is about","content":"### sec.217 What pt 2 is about\n\nThis part allows a local government to take a strategic approach to its contracts.\nA strategic approach is an approach that identifies potential opportunities, while managing adverse risks.\nHowever, this part applies to a local government only if it decides to apply the part.\nThis part does not apply to a contract for the disposal of land.\nFor all other contracts, this part provides an alternative to part 3 .\n(sec.217-ssec.1) This part allows a local government to take a strategic approach to its contracts.\n(sec.217-ssec.2) A strategic approach is an approach that identifies potential opportunities, while managing adverse risks.\n(sec.217-ssec.3) However, this part applies to a local government only if it decides to apply the part.\n(sec.217-ssec.4) This part does not apply to a contract for the disposal of land.\n(sec.217-ssec.5) For all other contracts, this part provides an alternative to part 3 .","sortOrder":305},{"sectionNumber":"sec.218","sectionType":"section","heading":"Power to choose strategic approach","content":"### sec.218 Power to choose strategic approach\n\nA local government may, by resolution, decide to apply this part to its contracts.\nHowever, the local government may do so only after it—\nhas considered the costs and benefits of complying with this part; and\nhas given the public notice of the proposed resolution.\nThe notice must—\nstate the proposed resolution; and\nstate the day and time of the meeting where the resolution is to be considered; and\nbe published on the local government’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.\ns 218 amd 2020 SL No. 244 s 42\n(sec.218-ssec.1) A local government may, by resolution, decide to apply this part to its contracts.\n(sec.218-ssec.2) However, the local government may do so only after it— has considered the costs and benefits of complying with this part; and has given the public notice of the proposed resolution.\n(sec.218-ssec.3) The notice must— state the proposed resolution; and state the day and time of the meeting where the resolution is to be considered; and be published on the local government’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.\n- (a) has considered the costs and benefits of complying with this part; and\n- (b) has given the public notice of the proposed resolution.\n- (a) state the proposed resolution; and\n- (b) state the day and time of the meeting where the resolution is to be considered; and\n- (c) be published on the local government’s website, and in another way the chief executive officer considers appropriate, at least 4 weeks before the meeting.","sortOrder":306},{"sectionNumber":"sec.219","sectionType":"section","heading":"Effect of choice","content":"### sec.219 Effect of choice\n\nIf a local government decides to apply this part to its contracts, it must comply with this part from—\nthe day on which the resolution is passed; or\nif the resolution states a later day for complying—the later day.\nThe later day must not be more than 1 year after the resolution is passed.\nThe passing of the resolution does not of itself affect a contractual obligation or right of the local government.\nSubsection (5) applies if, immediately before the day on which the local government passes the resolution, the local government—\nhad, under part 3 , invited tenders or quotes for a contract; and\nhad received tenders or quotes in response to the invitation; and\nhad not accepted, or had decided not to accept, any of the tenders or quotes.\nPart 3 continues to apply to the contracts as if the resolution had not been passed.\nThe local government may, by a later resolution, decide this part no longer applies to the local government.\nIf the local government does so, it must continue to comply with this part for any contract that was made when this part did apply to the local government.\n(sec.219-ssec.1) If a local government decides to apply this part to its contracts, it must comply with this part from— the day on which the resolution is passed; or if the resolution states a later day for complying—the later day.\n(sec.219-ssec.2) The later day must not be more than 1 year after the resolution is passed.\n(sec.219-ssec.3) The passing of the resolution does not of itself affect a contractual obligation or right of the local government.\n(sec.219-ssec.4) Subsection (5) applies if, immediately before the day on which the local government passes the resolution, the local government— had, under part 3 , invited tenders or quotes for a contract; and had received tenders or quotes in response to the invitation; and had not accepted, or had decided not to accept, any of the tenders or quotes.\n(sec.219-ssec.5) Part 3 continues to apply to the contracts as if the resolution had not been passed.\n(sec.219-ssec.6) The local government may, by a later resolution, decide this part no longer applies to the local government.\n(sec.219-ssec.7) If the local government does so, it must continue to comply with this part for any contract that was made when this part did apply to the local government.\n- (a) the day on which the resolution is passed; or\n- (b) if the resolution states a later day for complying—the later day.\n- (a) had, under part 3 , invited tenders or quotes for a contract; and\n- (b) had received tenders or quotes in response to the invitation; and\n- (c) had not accepted, or had decided not to accept, any of the tenders or quotes.","sortOrder":307},{"sectionNumber":"sec.220","sectionType":"section","heading":"Contracting plans","content":"### sec.220 Contracting plans\n\nThis section applies if a local government decides to apply this part to its contracts.\nEach financial year, the local government must make and adopt a contracting plan.\nA contracting plan is a document stating—\nthe types of contracts that the local government proposes to make in the financial year; and\nthe principles and strategies for performing the contracts; and\na policy about proposed delegations for the contracts; and\na market assessment for each type of contract; and\nthe contracts that the local government considers will be significant (a significant contract ) having regard to the market assessment; and\na policy about the making of a significant contracting plan under section 221 .\nA market assessment is an assessment of the relative cost and difficulty in securing supply under each type of contract.\nA contracting plan must be consistent with and support the achievement of the strategic directions stated in the local government’s 5-year corporate plan.\nThe local government must not make the resolution to adopt a contracting plan before the local government adopts the annual budget for the financial year.\nThe local government may, by resolution, amend a contracting plan at any time before the end of the financial year to which the plan relates.\nThe local government must allow the public to inspect and buy copies of the contracting plan at the local government public office.\n(sec.220-ssec.1) This section applies if a local government decides to apply this part to its contracts.\n(sec.220-ssec.2) Each financial year, the local government must make and adopt a contracting plan.\n(sec.220-ssec.3) A contracting plan is a document stating— the types of contracts that the local government proposes to make in the financial year; and the principles and strategies for performing the contracts; and a policy about proposed delegations for the contracts; and a market assessment for each type of contract; and the contracts that the local government considers will be significant (a significant contract ) having regard to the market assessment; and a policy about the making of a significant contracting plan under section 221 .\n(sec.220-ssec.4) A market assessment is an assessment of the relative cost and difficulty in securing supply under each type of contract.\n(sec.220-ssec.5) A contracting plan must be consistent with and support the achievement of the strategic directions stated in the local government’s 5-year corporate plan.\n(sec.220-ssec.6) The local government must not make the resolution to adopt a contracting plan before the local government adopts the annual budget for the financial year.\n(sec.220-ssec.7) The local government may, by resolution, amend a contracting plan at any time before the end of the financial year to which the plan relates.\n(sec.220-ssec.8) The local government must allow the public to inspect and buy copies of the contracting plan at the local government public office.\n- (a) the types of contracts that the local government proposes to make in the financial year; and\n- (b) the principles and strategies for performing the contracts; and\n- (c) a policy about proposed delegations for the contracts; and\n- (d) a market assessment for each type of contract; and\n- (e) the contracts that the local government considers will be significant (a significant contract ) having regard to the market assessment; and\n- (f) a policy about the making of a significant contracting plan under section 221 .","sortOrder":308},{"sectionNumber":"sec.221","sectionType":"section","heading":"Significant contracting plans","content":"### sec.221 Significant contracting plans\n\nThis section applies if the contracting plan identifies any significant contracts.\nThe local government must make a significant contracting plan for each significant contract before the contract starts.\nA significant contracting plan is a document stating—\nthe objectives of the significant contract; and\nhow the objectives are to be achieved; and\nhow achievement of the objectives will be measured; and\nany alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\nproposed contractual arrangements for the activity; and\na risk analysis of the market in which the contract is to happen.\nThe objectives must be consistent with the local government’s contracting plan.\nThe local government may, by resolution, amend a significant contracting plan at any time before the end of the financial year to which the plan relates.\n(sec.221-ssec.1) This section applies if the contracting plan identifies any significant contracts.\n(sec.221-ssec.2) The local government must make a significant contracting plan for each significant contract before the contract starts.\n(sec.221-ssec.3) A significant contracting plan is a document stating— the objectives of the significant contract; and how the objectives are to be achieved; and how achievement of the objectives will be measured; and any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and proposed contractual arrangements for the activity; and a risk analysis of the market in which the contract is to happen.\n(sec.221-ssec.4) The objectives must be consistent with the local government’s contracting plan.\n(sec.221-ssec.5) The local government may, by resolution, amend a significant contracting plan at any time before the end of the financial year to which the plan relates.\n- (a) the objectives of the significant contract; and\n- (b) how the objectives are to be achieved; and\n- (c) how achievement of the objectives will be measured; and\n- (d) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\n- (e) proposed contractual arrangements for the activity; and\n- (f) a risk analysis of the market in which the contract is to happen.","sortOrder":309},{"sectionNumber":"sec.222","sectionType":"section","heading":"Contract manual","content":"### sec.222 Contract manual\n\nA local government must make and adopt a contract manual.\nA contract manual is a document that sets out the procedures for how the local government is to carry out all contracts.\nThe contract manual must—\napply the sound contracting principles; and\nbe consistent with, and support, the achievement of the strategic direction stated in the local government’s 5-year corporate plan; and\nif the local government has adopted a contracting plan—be consistent with the contracting plan; and\ninclude a policy about how the local government is to deal with any non-current assets that have a value of less than the amount mentioned in section 224 (8) .\ns 222 amd 2014 SL No. 290 s 24\n(sec.222-ssec.1) A local government must make and adopt a contract manual.\n(sec.222-ssec.2) A contract manual is a document that sets out the procedures for how the local government is to carry out all contracts.\n(sec.222-ssec.3) The contract manual must— apply the sound contracting principles; and be consistent with, and support, the achievement of the strategic direction stated in the local government’s 5-year corporate plan; and if the local government has adopted a contracting plan—be consistent with the contracting plan; and include a policy about how the local government is to deal with any non-current assets that have a value of less than the amount mentioned in section 224 (8) .\n- (a) apply the sound contracting principles; and\n- (b) be consistent with, and support, the achievement of the strategic direction stated in the local government’s 5-year corporate plan; and\n- (c) if the local government has adopted a contracting plan—be consistent with the contracting plan; and\n- (d) include a policy about how the local government is to deal with any non-current assets that have a value of less than the amount mentioned in section 224 (8) .","sortOrder":310},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Default contracting procedures","content":"# Default contracting procedures","sortOrder":311},{"sectionNumber":"ch.6-pt.3-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":312},{"sectionNumber":"sec.223","sectionType":"section","heading":"What pt 3 is about","content":"### sec.223 What pt 3 is about\n\nThis part is about the requirements that a local government must comply with before entering into a contract, unless the local government decides to apply part 2 .\nThis part applies to a contract for the disposal of land other than trust land, or an interest in trust land, that is the subject of a deed of grant in trust under which an indigenous local government is the trustee.\n(sec.223-ssec.1) This part is about the requirements that a local government must comply with before entering into a contract, unless the local government decides to apply part 2 .\n(sec.223-ssec.2) This part applies to a contract for the disposal of land other than trust land, or an interest in trust land, that is the subject of a deed of grant in trust under which an indigenous local government is the trustee.","sortOrder":313},{"sectionNumber":"sec.223A","sectionType":"section","heading":"Definitions for part","content":"### sec.223A Definitions for part\n\nIn this part—\ncontractual arrangement , between a local government and a supplier, means an arrangement between the local government and the supplier comprised of—\na contract for the supply of goods or services; or\nif the local government and supplier enter into more than 1 contract for the supply of goods or services of the same, or a similar, type—each of the contracts.\ndisposal , of a valuable non-current asset, includes the disposal of all of, or an interest in, the asset.\nthe grant of a lease over land or a building\nlarge-sized contractual arrangement see section 223C .\nmedium-sized contractual arrangement see section 223B .\nterm , of a contractual arrangement between a local government and a supplier, includes any possible extension by renewal of the term of the arrangement that is agreed between the local government and supplier at the time the arrangement is entered into.\nvaluable non-current asset see section 223D .\nvaluable non-current asset contract means a contract for the disposal of a valuable non-current asset.\ns 223A ins 2025 SL No. 161 s 22\n- (a) a contract for the supply of goods or services; or\n- (b) if the local government and supplier enter into more than 1 contract for the supply of goods or services of the same, or a similar, type—each of the contracts.","sortOrder":314},{"sectionNumber":"sec.223B","sectionType":"section","heading":"Medium-sized contractual arrangement","content":"### sec.223B Medium-sized contractual arrangement\n\nA medium-sized contractual arrangement is a contractual arrangement between a local government and a supplier that—\nthe local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and\nis not a large-sized contractual arrangement.\nThe minimum amount for a medium-sized contractual arrangement is—\nfor an arrangement entered into before 1 July 2026—$21,000; or\nfor an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E .\nSee section 223E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\ns 223B ins 2025 SL No. 161 s 22\n(sec.223B-ssec.1) A medium-sized contractual arrangement is a contractual arrangement between a local government and a supplier that— the local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and is not a large-sized contractual arrangement.\n(sec.223B-ssec.2) The minimum amount for a medium-sized contractual arrangement is— for an arrangement entered into before 1 July 2026—$21,000; or for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E . See section 223E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\n- (a) the local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement; and\n- (b) is not a large-sized contractual arrangement.\n- (a) for an arrangement entered into before 1 July 2026—$21,000; or\n- (b) for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E . Note— See section 223E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.","sortOrder":315},{"sectionNumber":"sec.223C","sectionType":"section","heading":"Large-sized contractual arrangements","content":"### sec.223C Large-sized contractual arrangements\n\nA large-sized contractual arrangement is a contractual arrangement between a local government and a supplier that the local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement.\nThe minimum amount for a large-sized contractual arrangement is—\nfor an arrangement entered into before 1 July 2026—$280,000; or\nfor an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E .\nSee section 223E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\ns 223C ins 2025 SL No. 161 s 22\n(sec.223C-ssec.1) A large-sized contractual arrangement is a contractual arrangement between a local government and a supplier that the local government expects will cost the local government, exclusive of GST, at least the minimum amount for an arrangement of that type under subsection (2) over the term of the arrangement.\n(sec.223C-ssec.2) The minimum amount for a large-sized contractual arrangement is— for an arrangement entered into before 1 July 2026—$280,000; or for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E . See section 223E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.\n- (a) for an arrangement entered into before 1 July 2026—$280,000; or\n- (b) for an arrangement entered into on or after 1 July 2026—the minimum amount for the arrangement as adjusted and rounded under section 223E . Note— See section 223E (5) in relation to publication on the department’s website of the minimum amount for a contractual arrangement.","sortOrder":316},{"sectionNumber":"sec.223D","sectionType":"section","heading":"Valuable non-current assets","content":"### sec.223D Valuable non-current assets\n\nA valuable non-current asset is—\nland; or\nanother non-current asset that has an apparent value of at least the limit set for the asset by a local government.\nThe limit set by a local government under subsection (1) (b) for a non-current asset must not be more than the maximum amount for the asset under subsection (3) .\nThe maximum amount for a non-current asset is—\nfor a non-current asset disposed of before 1 July 2026—\nfor plant or equipment—$7,000, exclusive of GST; or\nfor another type of non-current asset—$14,000, exclusive of GST; or\nfor a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 223E .\nSee section 223E (5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.\ns 223D ins 2025 SL No. 161 s 22\n(sec.223D-ssec.1) A valuable non-current asset is— land; or another non-current asset that has an apparent value of at least the limit set for the asset by a local government.\n(sec.223D-ssec.2) The limit set by a local government under subsection (1) (b) for a non-current asset must not be more than the maximum amount for the asset under subsection (3) .\n(sec.223D-ssec.3) The maximum amount for a non-current asset is— for a non-current asset disposed of before 1 July 2026— for plant or equipment—$7,000, exclusive of GST; or for another type of non-current asset—$14,000, exclusive of GST; or for a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 223E . See section 223E (5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.\n- (a) land; or\n- (b) another non-current asset that has an apparent value of at least the limit set for the asset by a local government.\n- (a) for a non-current asset disposed of before 1 July 2026— (i) for plant or equipment—$7,000, exclusive of GST; or (ii) for another type of non-current asset—$14,000, exclusive of GST; or\n- (i) for plant or equipment—$7,000, exclusive of GST; or\n- (ii) for another type of non-current asset—$14,000, exclusive of GST; or\n- (b) for a non-current asset disposed of on or after 1 July 2026—the maximum amount for the asset as adjusted and rounded under section 223E . Note— See section 223E (5) in relation to publication on the department’s website of the maximum amount for valuable non-current assets.\n- (i) for plant or equipment—$7,000, exclusive of GST; or\n- (ii) for another type of non-current asset—$14,000, exclusive of GST; or","sortOrder":317},{"sectionNumber":"sec.223E","sectionType":"section","heading":"Adjustment and rounding of particular amounts","content":"### sec.223E Adjustment and rounding of particular amounts\n\nThis section applies in relation to each of the following amounts under this part—\nthe minimum amount for a medium-sized contractual arrangement;\nthe minimum amount for a large-sized contractual arrangement;\nthe maximum amount for a valuable non-current asset.\nOn 1 July in each year—\nthe amount is adjusted under subsection (3) ; and\nthe adjusted amount is rounded to—\nfor the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or\nfor another amount—the nearest multiple of $100.\nThe amount is adjusted using the following formula—\nwhere—\nAA means the adjusted amount.\nA means the amount as it was in effect immediately before 1 July in the year.\nB means the CPI for the March quarter in the year.\nC means the CPI for the March quarter in the previous year.\nHowever, if the adjustment or rounding of the amount under this section would reduce the amount so it is lower than the amount that was in effect immediately before 1 July in the year (the former amount ), the adjusted and rounded amount is taken to be the former amount.\nThe chief executive must publish on the department’s website each of the amounts, as adjusted and rounded under this section, while the amount is in effect.\nIn this section—\nCPI means the index number for Brisbane stated in the all groups consumer price index numbers and percentage changes published by the Australian Bureau of Statistics.\nMarch quarter , in a year, means the quarter in the year starting on 1 January and ending on 31 March.\ns 223E ins 2025 SL No. 161 s 22\n(sec.223E-ssec.1) This section applies in relation to each of the following amounts under this part— the minimum amount for a medium-sized contractual arrangement; the minimum amount for a large-sized contractual arrangement; the maximum amount for a valuable non-current asset.\n(sec.223E-ssec.2) On 1 July in each year— the amount is adjusted under subsection (3) ; and the adjusted amount is rounded to— for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or for another amount—the nearest multiple of $100.\n(sec.223E-ssec.3) The amount is adjusted using the following formula— where— AA means the adjusted amount. A means the amount as it was in effect immediately before 1 July in the year. B means the CPI for the March quarter in the year. C means the CPI for the March quarter in the previous year.\n(sec.223E-ssec.4) However, if the adjustment or rounding of the amount under this section would reduce the amount so it is lower than the amount that was in effect immediately before 1 July in the year (the former amount ), the adjusted and rounded amount is taken to be the former amount.\n(sec.223E-ssec.5) The chief executive must publish on the department’s website each of the amounts, as adjusted and rounded under this section, while the amount is in effect.\n(sec.223E-ssec.6) In this section— CPI means the index number for Brisbane stated in the all groups consumer price index numbers and percentage changes published by the Australian Bureau of Statistics. March quarter , in a year, means the quarter in the year starting on 1 January and ending on 31 March.\n- (a) the minimum amount for a medium-sized contractual arrangement;\n- (b) the minimum amount for a large-sized contractual arrangement;\n- (c) the maximum amount for a valuable non-current asset.\n- (a) the amount is adjusted under subsection (3) ; and\n- (b) the adjusted amount is rounded to— (i) for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or (ii) for another amount—the nearest multiple of $100.\n- (i) for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or\n- (ii) for another amount—the nearest multiple of $100.\n- (i) for the minimum amount for a large-sized contractual arrangement—the nearest multiple of $1,000; or\n- (ii) for another amount—the nearest multiple of $100.","sortOrder":318},{"sectionNumber":"ch.6-pt.3-div.2","sectionType":"division","heading":"Entering into particular contracts","content":"## Entering into particular contracts","sortOrder":319},{"sectionNumber":"sec.224","sectionType":"section","heading":"What div 2 is about","content":"### sec.224 What div 2 is about\n\nThis division explains what a local government must do before it enters into—\na medium-sized contractual arrangement; or\na large-sized contractual arrangement; or\na valuable non-current asset contract.\ns 224 amd 2013 SL No. 273 s 22 ; 2014 SL No. 290 s 25\nsub 2025 SL No. 161 s 23\n- (a) a medium-sized contractual arrangement; or\n- (b) a large-sized contractual arrangement; or\n- (c) a valuable non-current asset contract.","sortOrder":320},{"sectionNumber":"sec.225","sectionType":"section","heading":"Medium-sized contractual arrangement—quotes needed first","content":"### sec.225 Medium-sized contractual arrangement—quotes needed first\n\nA local government can not enter into a medium-sized contractual arrangement unless the local government first invites written quotes for the contract.\nThe invitation must be given to at least 3 persons who the local government considers can meet the local government’s requirements at competitive prices.\nThe local government may decide not to accept any of the quotes it receives.\nHowever, if the local government does decide to accept a quote, the local government must accept the quote most advantageous to it having regard to the sound contracting principles.\nThis section is subject to division 3 .\n(sec.225-ssec.1) A local government can not enter into a medium-sized contractual arrangement unless the local government first invites written quotes for the contract.\n(sec.225-ssec.2) The invitation must be given to at least 3 persons who the local government considers can meet the local government’s requirements at competitive prices.\n(sec.225-ssec.3) The local government may decide not to accept any of the quotes it receives.\n(sec.225-ssec.4) However, if the local government does decide to accept a quote, the local government must accept the quote most advantageous to it having regard to the sound contracting principles.\n(sec.225-ssec.5) This section is subject to division 3 .","sortOrder":321},{"sectionNumber":"sec.226","sectionType":"section","heading":"Large-sized contractual arrangement—tenders needed first","content":"### sec.226 Large-sized contractual arrangement—tenders needed first\n\nA local government can not enter into a large-sized contractual arrangement unless the local government first invites written tenders for the contract under section 228 .\nThis section is subject to division 3 .\n(sec.226-ssec.1) A local government can not enter into a large-sized contractual arrangement unless the local government first invites written tenders for the contract under section 228 .\n(sec.226-ssec.2) This section is subject to division 3 .","sortOrder":322},{"sectionNumber":"sec.227","sectionType":"section","heading":"Valuable non-current asset contract—tenders or auction needed first","content":"### sec.227 Valuable non-current asset contract—tenders or auction needed first\n\nA local government can not enter into a valuable non-current asset contract unless it first—\ninvites written tenders for the contract under section 228 ; or\noffers the non-current asset for sale by auction.\nThis section is subject to division 4 .\n(sec.227-ssec.1) A local government can not enter into a valuable non-current asset contract unless it first— invites written tenders for the contract under section 228 ; or offers the non-current asset for sale by auction.\n(sec.227-ssec.2) This section is subject to division 4 .\n- (a) invites written tenders for the contract under section 228 ; or\n- (b) offers the non-current asset for sale by auction.","sortOrder":323},{"sectionNumber":"sec.228","sectionType":"section","heading":"Tender process","content":"### sec.228 Tender process\n\nThis section is about how a local government must invite written tenders for—\na large-sized contractual arrangement; or\na valuable non-current asset contract.\nThe local government must either—\ninvite written tenders under subsection (4) ; or\ninvite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .\nHowever, the local government may invite expressions of interest under subsection (5) only if the local government—\ndecides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and\nrecords its reasons for making the resolution in the minutes of the meeting at which the resolution was made.\nThe invitation for tenders must—\nbe published on the local government’s website for at least 21 days; and\nallow written tenders to be given to the local government while the invitation is published on the website.\nThe invitation for expressions of interest must—\nbe published on the local government’s website for at least 21 days; and\nallow written expressions of interest to be given to the local government while the invitation is published on the website.\nAlso, the local government must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process.\npublishing an invitation in an industry publication or on the QTENDERS website\nIf the local government invites expressions of interest under subsection (5) or (6) , the local government may—\nprepare a short list from the persons who respond to the invitation for expressions of interest; and\ninvite written tenders from those persons.\nIf—\nan invitation to tender under subsection (4) or (7) (b) states that the local government might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and\nthe local government does change the tender specifications;\nthe local government may invite all the persons who submitted a tender to change their tender to take account of the change, before making a decision on the tenders.\nA local government may decide not to accept any tenders it receives.\nHowever, if the local government does decide to accept a tender, the local government must accept the tender most advantageous to it, having regard to the sound contracting principles.\ns 228 amd 2020 SL No. 244 s 43\n(sec.228-ssec.1) This section is about how a local government must invite written tenders for— a large-sized contractual arrangement; or a valuable non-current asset contract.\n(sec.228-ssec.2) The local government must either— invite written tenders under subsection (4) ; or invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .\n(sec.228-ssec.3) However, the local government may invite expressions of interest under subsection (5) only if the local government— decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and records its reasons for making the resolution in the minutes of the meeting at which the resolution was made.\n(sec.228-ssec.4) The invitation for tenders must— be published on the local government’s website for at least 21 days; and allow written tenders to be given to the local government while the invitation is published on the website.\n(sec.228-ssec.5) The invitation for expressions of interest must— be published on the local government’s website for at least 21 days; and allow written expressions of interest to be given to the local government while the invitation is published on the website.\n(sec.228-ssec.6) Also, the local government must take all reasonable steps to publish the invitation for tenders or invitation for expressions of interest in another way to notify the public about the tender process. publishing an invitation in an industry publication or on the QTENDERS website\n(sec.228-ssec.7) If the local government invites expressions of interest under subsection (5) or (6) , the local government may— prepare a short list from the persons who respond to the invitation for expressions of interest; and invite written tenders from those persons.\n(sec.228-ssec.8) If— an invitation to tender under subsection (4) or (7) (b) states that the local government might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and the local government does change the tender specifications; the local government may invite all the persons who submitted a tender to change their tender to take account of the change, before making a decision on the tenders.\n(sec.228-ssec.9) A local government may decide not to accept any tenders it receives.\n(sec.228-ssec.10) However, if the local government does decide to accept a tender, the local government must accept the tender most advantageous to it, having regard to the sound contracting principles.\n- (a) a large-sized contractual arrangement; or\n- (b) a valuable non-current asset contract.\n- (a) invite written tenders under subsection (4) ; or\n- (b) invite expressions of interest under subsection (5) before considering whether to invite written tenders under subsection (7) (b) .\n- (a) decides, by resolution, that it would be in the public interest to invite expressions of interest before inviting written tenders; and\n- (b) records its reasons for making the resolution in the minutes of the meeting at which the resolution was made.\n- (a) be published on the local government’s website for at least 21 days; and\n- (b) allow written tenders to be given to the local government while the invitation is published on the website.\n- (a) be published on the local government’s website for at least 21 days; and\n- (b) allow written expressions of interest to be given to the local government while the invitation is published on the website.\n- (a) prepare a short list from the persons who respond to the invitation for expressions of interest; and\n- (b) invite written tenders from those persons.\n- (a) an invitation to tender under subsection (4) or (7) (b) states that the local government might later invite all tenderers to change their tenders to take account of a change in the tender specifications; and\n- (b) the local government does change the tender specifications;","sortOrder":324},{"sectionNumber":"ch.6-pt.3-div.3","sectionType":"division","heading":"Exceptions for medium-sized and large-sized contractual arrangements","content":"## Exceptions for medium-sized and large-sized contractual arrangements","sortOrder":325},{"sectionNumber":"sec.229","sectionType":"section","heading":"What div 3 is about","content":"### sec.229 What div 3 is about\n\nThis division explains when a local government may enter into—\na medium-sized contractual arrangement without first inviting written quotes; or\na large-sized contractual arrangement without first inviting written tenders.\n- (a) a medium-sized contractual arrangement without first inviting written quotes; or\n- (b) a large-sized contractual arrangement without first inviting written tenders.","sortOrder":326},{"sectionNumber":"sec.230","sectionType":"section","heading":"Exception if quote or tender consideration plan prepared","content":"### sec.230 Exception if quote or tender consideration plan prepared\n\nA local government may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if the local government—\ndecides, by resolution, to prepare a quote or tender consideration plan; and\nprepares and adopts the plan.\nA quote or tender consideration plan is a document stating—\nthe objectives of the plan; and\nhow the objectives are to be achieved; and\nhow the achievement of the objectives will be measured; and\nany alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\nthe proposed terms of the contract for the goods or services; and\na risk analysis of the market from which the goods or services are to be obtained.\n(sec.230-ssec.1) A local government may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if the local government— decides, by resolution, to prepare a quote or tender consideration plan; and prepares and adopts the plan.\n(sec.230-ssec.2) A quote or tender consideration plan is a document stating— the objectives of the plan; and how the objectives are to be achieved; and how the achievement of the objectives will be measured; and any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and the proposed terms of the contract for the goods or services; and a risk analysis of the market from which the goods or services are to be obtained.\n- (a) decides, by resolution, to prepare a quote or tender consideration plan; and\n- (b) prepares and adopts the plan.\n- (a) the objectives of the plan; and\n- (b) how the objectives are to be achieved; and\n- (c) how the achievement of the objectives will be measured; and\n- (d) any alternative ways of achieving the objectives, and why the alternative ways were not adopted; and\n- (e) the proposed terms of the contract for the goods or services; and\n- (f) a risk analysis of the market from which the goods or services are to be obtained.","sortOrder":327},{"sectionNumber":"sec.231","sectionType":"section","heading":"Exception for contractor on approved contractor list","content":"### sec.231 Exception for contractor on approved contractor list\n\nThis section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for services.\nA local government may enter into the contract without first inviting written quotes or tenders if the contract is made with a person who is on an approved contractor list.\nAn approved contractor list is a list of persons who the local government considers to be appropriately qualified to provide the services.\nThe local government must put together the approved contractor list by—\npublishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the local government’s website; and\ntaking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; and\npublishing an invitation in an industry publication or on the QTENDERS website\nallowing written expressions of interest to be given to the local government while the invitation is published on the website; and\nchoosing persons for the approved contractor list on the basis of the sound contracting principles.\ns 231 amd 2020 SL No. 244 s 44\n(sec.231-ssec.1) This section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for services.\n(sec.231-ssec.2) A local government may enter into the contract without first inviting written quotes or tenders if the contract is made with a person who is on an approved contractor list.\n(sec.231-ssec.3) An approved contractor list is a list of persons who the local government considers to be appropriately qualified to provide the services.\n(sec.231-ssec.4) The local government must put together the approved contractor list by— publishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the local government’s website; and taking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; and publishing an invitation in an industry publication or on the QTENDERS website allowing written expressions of interest to be given to the local government while the invitation is published on the website; and choosing persons for the approved contractor list on the basis of the sound contracting principles.\n- (a) publishing an invitation for expressions of interest from suitably qualified persons for at least 21 days on the local government’s website; and\n- (b) taking all reasonable steps to publish the invitation in another way to notify the public about the making of the approved contractor list; and Examples for paragraph (b) — publishing an invitation in an industry publication or on the QTENDERS website\n- (c) allowing written expressions of interest to be given to the local government while the invitation is published on the website; and\n- (d) choosing persons for the approved contractor list on the basis of the sound contracting principles.","sortOrder":328},{"sectionNumber":"sec.232","sectionType":"section","heading":"Exception for register of pre-qualified suppliers","content":"### sec.232 Exception for register of pre-qualified suppliers\n\nThis section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for the supply of goods or services.\nA local government may enter into the contract without first inviting written quotes or tenders if the contract is entered into with a supplier from a register of pre-qualified suppliers that is made in compliance with subsections (3) to (7) .\nA local government may establish a register of pre-qualified suppliers of particular goods or services only if—\nthe preparation and evaluation of invitations every time the goods or services are needed would be costly; or\nthe capability or financial capacity of the supplier of the goods or services is critical; or\nthe supply of the goods or services involves significant security considerations; or\na precondition of an offer to contract for the goods or services is compliance with particular standards or conditions set by the local government; or\nthe ability of local business to supply the goods or services needs to be discovered or developed.\nA local government must invite suppliers to tender to be on a register of pre-qualified suppliers.\nThe invitation must—\nbe published on the local government’s website for at least 21 days; and\nallow written tenders to be given to the local government while the invitation is published on the website.\nAlso, the local government must take all reasonable steps to publish the invitation in another way to notify the public about establishing the register of pre-qualified suppliers.\npublishing an invitation in an industry publication or on the QTENDERS website\nWhen selecting a supplier to be a pre-qualified supplier for the register, the local government must have regard to the sound contracting principles.\nA pre-qualified supplier is a supplier who has been assessed by the local government as having the technical, financial and managerial capability necessary to perform contracts on time and in accordance with agreed requirements.\ns 232 amd 2013 SL No. 273 s 23 ; 2020 SL No. 244 s 45\n(sec.232-ssec.1) This section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for the supply of goods or services.\n(sec.232-ssec.2) A local government may enter into the contract without first inviting written quotes or tenders if the contract is entered into with a supplier from a register of pre-qualified suppliers that is made in compliance with subsections (3) to (7) .\n(sec.232-ssec.3) A local government may establish a register of pre-qualified suppliers of particular goods or services only if— the preparation and evaluation of invitations every time the goods or services are needed would be costly; or the capability or financial capacity of the supplier of the goods or services is critical; or the supply of the goods or services involves significant security considerations; or a precondition of an offer to contract for the goods or services is compliance with particular standards or conditions set by the local government; or the ability of local business to supply the goods or services needs to be discovered or developed.\n(sec.232-ssec.4) A local government must invite suppliers to tender to be on a register of pre-qualified suppliers.\n(sec.232-ssec.5) The invitation must— be published on the local government’s website for at least 21 days; and allow written tenders to be given to the local government while the invitation is published on the website.\n(sec.232-ssec.6) Also, the local government must take all reasonable steps to publish the invitation in another way to notify the public about establishing the register of pre-qualified suppliers. publishing an invitation in an industry publication or on the QTENDERS website\n(sec.232-ssec.7) When selecting a supplier to be a pre-qualified supplier for the register, the local government must have regard to the sound contracting principles.\n(sec.232-ssec.8) A pre-qualified supplier is a supplier who has been assessed by the local government as having the technical, financial and managerial capability necessary to perform contracts on time and in accordance with agreed requirements.\n- (a) the preparation and evaluation of invitations every time the goods or services are needed would be costly; or\n- (b) the capability or financial capacity of the supplier of the goods or services is critical; or\n- (c) the supply of the goods or services involves significant security considerations; or\n- (d) a precondition of an offer to contract for the goods or services is compliance with particular standards or conditions set by the local government; or\n- (e) the ability of local business to supply the goods or services needs to be discovered or developed.\n- (a) be published on the local government’s website for at least 21 days; and\n- (b) allow written tenders to be given to the local government while the invitation is published on the website.","sortOrder":329},{"sectionNumber":"sec.233","sectionType":"section","heading":"Exception for a preferred supplier arrangement","content":"### sec.233 Exception for a preferred supplier arrangement\n\nThis section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for goods or services if a local government—\nneeds the goods or services—\nin large volumes; or\nfrequently; and\nis able to obtain better value for money by accumulating the demand for the goods or services; and\nis able to describe the goods or services in terms that would be well understood in the relevant industry.\nA local government may enter into a contract for the goods or services without first inviting written quotes or tenders if the contract is entered into with a preferred supplier under a preferred supplier arrangement that is made in compliance with subsections (3) to (9) .\nA local government must invite persons to tender for a preferred supplier arrangement.\nThe invitation to tender for a preferred supplier arrangement must—\nbe published on the local government’s website for at least 21 days; and\nallow written tenders to be given to the local government while the invitation is published on the website; and\ndescribe the terms of the preferred supplier arrangement.\nAlso, the local government must take all reasonable steps to publish the invitation in another way to notify the public about the tender process.\npublishing an invitation in an industry publication or on the QTENDERS website\nWhen selecting a person to be a preferred supplier under a preferred supplier arrangement, the local government must have regard to the sound contracting principles.\nThe local government must ensure the terms of the preferred supplier arrangement allow the contract to be cancelled for the poor performance of the preferred supplier.\nA preferred supplier arrangement may be entered into for a term of more than 2 years only if the local government is satisfied the longer term will result in better value for the local government.\nFor subsection (8) , the term of a preferred supplier arrangement includes any period provided for under the arrangement by which the term of the arrangement can be extended.\ns 233 amd 2013 SL No. 273 s 24 ; 2020 SL No. 244 s 46\n(sec.233-ssec.1) This section applies to a medium-sized contractual arrangement or large-sized contractual arrangement for goods or services if a local government— needs the goods or services— in large volumes; or frequently; and is able to obtain better value for money by accumulating the demand for the goods or services; and is able to describe the goods or services in terms that would be well understood in the relevant industry.\n(sec.233-ssec.2) A local government may enter into a contract for the goods or services without first inviting written quotes or tenders if the contract is entered into with a preferred supplier under a preferred supplier arrangement that is made in compliance with subsections (3) to (9) .\n(sec.233-ssec.3) A local government must invite persons to tender for a preferred supplier arrangement.\n(sec.233-ssec.4) The invitation to tender for a preferred supplier arrangement must— be published on the local government’s website for at least 21 days; and allow written tenders to be given to the local government while the invitation is published on the website; and describe the terms of the preferred supplier arrangement.\n(sec.233-ssec.5) Also, the local government must take all reasonable steps to publish the invitation in another way to notify the public about the tender process. publishing an invitation in an industry publication or on the QTENDERS website\n(sec.233-ssec.6) When selecting a person to be a preferred supplier under a preferred supplier arrangement, the local government must have regard to the sound contracting principles.\n(sec.233-ssec.7) The local government must ensure the terms of the preferred supplier arrangement allow the contract to be cancelled for the poor performance of the preferred supplier.\n(sec.233-ssec.8) A preferred supplier arrangement may be entered into for a term of more than 2 years only if the local government is satisfied the longer term will result in better value for the local government.\n(sec.233-ssec.9) For subsection (8) , the term of a preferred supplier arrangement includes any period provided for under the arrangement by which the term of the arrangement can be extended.\n- (a) needs the goods or services— (i) in large volumes; or (ii) frequently; and\n- (i) in large volumes; or\n- (ii) frequently; and\n- (b) is able to obtain better value for money by accumulating the demand for the goods or services; and\n- (c) is able to describe the goods or services in terms that would be well understood in the relevant industry.\n- (i) in large volumes; or\n- (ii) frequently; and\n- (a) be published on the local government’s website for at least 21 days; and\n- (b) allow written tenders to be given to the local government while the invitation is published on the website; and\n- (c) describe the terms of the preferred supplier arrangement.","sortOrder":330},{"sectionNumber":"sec.234","sectionType":"section","heading":"Exception for LGA arrangement","content":"### sec.234 Exception for LGA arrangement\n\nA local government may enter into a contract for goods and services without first inviting written quotes or tenders if the contract is entered into under an LGA arrangement.\nAn LGA arrangement is an arrangement that—\nhas been entered into by—\nLGAQ Ltd.; or\nSee section 287 of the Act .\na company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\nif LGAQ Ltd. or the associated company were a local government, would be either—\na contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or\na contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .\nAn independent supplier is an entity other than a subsidiary (a relevant subsidiary ) of LGAQ Ltd. or the associated company under the Corporations Act .\nDespite subsection (2) (b) , an LGA arrangement may include a contract with a relevant subsidiary from a register of pre-qualified suppliers or a preferred supplier arrangement with a relevant subsidiary if the arrangement is approved by the Minister.\nFor deciding whether to approve an LGA arrangement under subsection (4) , the Minister—\nmust have regard to the sound contracting principles; and\nmay ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement.\ninformation or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement\ninformation or documents relating to the potential impact of the arrangement on local government employees\ns 234 amd 2013 SL No. 273 s 25\n(sec.234-ssec.1) A local government may enter into a contract for goods and services without first inviting written quotes or tenders if the contract is entered into under an LGA arrangement.\n(sec.234-ssec.2) An LGA arrangement is an arrangement that— has been entered into by— LGAQ Ltd.; or See section 287 of the Act . a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and if LGAQ Ltd. or the associated company were a local government, would be either— a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .\n(sec.234-ssec.3) An independent supplier is an entity other than a subsidiary (a relevant subsidiary ) of LGAQ Ltd. or the associated company under the Corporations Act .\n(sec.234-ssec.4) Despite subsection (2) (b) , an LGA arrangement may include a contract with a relevant subsidiary from a register of pre-qualified suppliers or a preferred supplier arrangement with a relevant subsidiary if the arrangement is approved by the Minister.\n(sec.234-ssec.5) For deciding whether to approve an LGA arrangement under subsection (4) , the Minister— must have regard to the sound contracting principles; and may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement. information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement information or documents relating to the potential impact of the arrangement on local government employees\n- (a) has been entered into by— (i) LGAQ Ltd.; or Note— See section 287 of the Act . (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\n- (i) LGAQ Ltd.; or Note— See section 287 of the Act .\n- (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\n- (b) if LGAQ Ltd. or the associated company were a local government, would be either— (i) a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .\n- (i) a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or\n- (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .\n- (i) LGAQ Ltd.; or Note— See section 287 of the Act .\n- (ii) a company (the associated company ) registered under the Corporations Act , if LGAQ Ltd. is its only shareholder; and\n- (i) a contract with an independent supplier entered into under section 232 by LGAQ Ltd. or the associated company; or\n- (ii) a contract with an independent supplier entered into under a preferred supplier arrangement under section 233 .\n- (a) must have regard to the sound contracting principles; and\n- (b) may ask LGAQ Ltd. or the associated company to give the Minister information or documents relevant to the arrangement. Examples of relevant information or documents— • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement • information or documents relating to the potential impact of the arrangement on local government employees\n- • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement\n- • information or documents relating to the potential impact of the arrangement on local government employees\n- • information or documents relating to assessment of the relevant subsidiary’s suitability to be on the register of pre-qualified suppliers or the tender process for the preferred supplier arrangement\n- • information or documents relating to the potential impact of the arrangement on local government employees","sortOrder":331},{"sectionNumber":"sec.235","sectionType":"section","heading":"Other exceptions","content":"### sec.235 Other exceptions\n\nA local government may enter into a medium-sized contractual arrangement or large-sized contractual arrangement without first inviting written quotes or tenders if—\nthe local government resolves it is satisfied that there is only 1 supplier who is reasonably available; or\nthe local government resolves that, because of the specialised or confidential nature of the services that are sought, it would be impractical or disadvantageous for the local government to invite quotes or tenders; or\na genuine emergency exists; or\nthe contract is for the purchase of goods and is made by auction; or\nthe contract is for the purchase of second-hand goods; or\nthe contract is made with, or under an arrangement with, a government agency.\n- (a) the local government resolves it is satisfied that there is only 1 supplier who is reasonably available; or\n- (b) the local government resolves that, because of the specialised or confidential nature of the services that are sought, it would be impractical or disadvantageous for the local government to invite quotes or tenders; or\n- (c) a genuine emergency exists; or\n- (d) the contract is for the purchase of goods and is made by auction; or\n- (e) the contract is for the purchase of second-hand goods; or\n- (f) the contract is made with, or under an arrangement with, a government agency.","sortOrder":332},{"sectionNumber":"ch.6-pt.3-div.4","sectionType":"division","heading":"Exceptions for valuable non-current asset contracts","content":"## Exceptions for valuable non-current asset contracts","sortOrder":333},{"sectionNumber":"sec.236","sectionType":"section","heading":"Exceptions for valuable non-current asset contracts","content":"### sec.236 Exceptions for valuable non-current asset contracts\n\nSubject to subsections (2) to (5) , a local government may dispose of a valuable non-current asset other than by tender or auction if—\nthe valuable non-current asset—\nwas previously offered for sale by tender or auction but was not sold; and\nis sold for more than the highest tender or auction bid that was received; or\nthe valuable non-current asset is disposed of to—\na government agency; or\na community organisation; or\nfor the disposal of land or an interest in land—\nthe land will not be rateable land after the disposal; or\nthe land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or\nthe disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or\nthe land is disposed of to a person who owns adjoining land if—\nthe land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\nthere is not another person who owns other adjoining land who wishes to acquire the land; and\nit is in the public interest to dispose of the land without a tender or auction; and\nthe disposal is otherwise in accordance with sound contracting principles; or\nall or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if—\nit is in the public interest to dispose of the land without a tender or auction; and\nthe disposal is otherwise in accordance with sound contracting principles; or\nthe disposal is for the purpose of a lease for a telecommunication tower; or\nthe disposal is of an interest in land that is used as an airport or for related purposes if—\nit is in the public interest to dispose of the interest in land without a tender or auction; and\nthe disposal is otherwise in accordance with sound contracting principles; or\nfor the disposal of a valuable non-current asset, other than land, by way of a trade-in for the supply of goods or services to the local government—\nthe supply is, or is to be, made under this part; and\nthe disposal is, or is to be, part of the contract for the supply; or\nfor the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has been previously offered by tender or auction, but a lease has not been entered into; or\nnone of paragraphs (a) to (e) apply and the local government considers the disposal is—\nin the public interest; and\notherwise in accordance with the sound contracting principles.\nAn exception mentioned in subsection (1) applies to a local government disposing of a valuable non-current asset only if, before the disposal, the local government has decided, by resolution, that the exception may apply to the local government on the disposal of a valuable non-current asset other than by tender or auction.\nIf a local government makes a resolution deciding that the exception mentioned in subsection (1) (f) may apply to the local government on the disposal of a valuable non-current asset other than by tender or auction—\nthe resolution must state—\nwhy the local government considers the disposal of the asset other than by tender or auction is in the public interest; and\nhow the disposal is otherwise in accordance with the sound contracting principles; and\nthe local government—\nmust, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and\nmust not dispose of the asset as permitted by the exception within 56 days after making the resolution.\nA local government may only dispose of land or an interest in land under this section if the consideration for the disposal would be equal to, or more than, the market value of the land or the interest in land, including the market value of any improvements on the land.\nHowever, subsection (4) does not apply if the land or interest in land is disposed of under subsection (1) (b) , (1) (c) (ii) or (1) (f) .\nFor subsection (4) , a written report about the market value of land or an interest in land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government is evidence of the market value of the land or the interest in land.\ns 236 amd 2013 SL No. 10 s 9 ; 2014 SL No. 290 s 26 ; 2025 SL No. 161 s 24\n(sec.236-ssec.1) Subject to subsections (2) to (5) , a local government may dispose of a valuable non-current asset other than by tender or auction if— the valuable non-current asset— was previously offered for sale by tender or auction but was not sold; and is sold for more than the highest tender or auction bid that was received; or the valuable non-current asset is disposed of to— a government agency; or a community organisation; or for the disposal of land or an interest in land— the land will not be rateable land after the disposal; or the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or the land is disposed of to a person who owns adjoining land if— the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and there is not another person who owns other adjoining land who wishes to acquire the land; and it is in the public interest to dispose of the land without a tender or auction; and the disposal is otherwise in accordance with sound contracting principles; or all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— it is in the public interest to dispose of the land without a tender or auction; and the disposal is otherwise in accordance with sound contracting principles; or the disposal is for the purpose of a lease for a telecommunication tower; or the disposal is of an interest in land that is used as an airport or for related purposes if— it is in the public interest to dispose of the interest in land without a tender or auction; and the disposal is otherwise in accordance with sound contracting principles; or for the disposal of a valuable non-current asset, other than land, by way of a trade-in for the supply of goods or services to the local government— the supply is, or is to be, made under this part; and the disposal is, or is to be, part of the contract for the supply; or for the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has been previously offered by tender or auction, but a lease has not been entered into; or none of paragraphs (a) to (e) apply and the local government considers the disposal is— in the public interest; and otherwise in accordance with the sound contracting principles.\n(sec.236-ssec.2) An exception mentioned in subsection (1) applies to a local government disposing of a valuable non-current asset only if, before the disposal, the local government has decided, by resolution, that the exception may apply to the local government on the disposal of a valuable non-current asset other than by tender or auction.\n(sec.236-ssec.3) If a local government makes a resolution deciding that the exception mentioned in subsection (1) (f) may apply to the local government on the disposal of a valuable non-current asset other than by tender or auction— the resolution must state— why the local government considers the disposal of the asset other than by tender or auction is in the public interest; and how the disposal is otherwise in accordance with the sound contracting principles; and the local government— must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and must not dispose of the asset as permitted by the exception within 56 days after making the resolution.\n(sec.236-ssec.4) A local government may only dispose of land or an interest in land under this section if the consideration for the disposal would be equal to, or more than, the market value of the land or the interest in land, including the market value of any improvements on the land.\n(sec.236-ssec.5) However, subsection (4) does not apply if the land or interest in land is disposed of under subsection (1) (b) , (1) (c) (ii) or (1) (f) .\n(sec.236-ssec.6) For subsection (4) , a written report about the market value of land or an interest in land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government is evidence of the market value of the land or the interest in land.\n- (a) the valuable non-current asset— (i) was previously offered for sale by tender or auction but was not sold; and (ii) is sold for more than the highest tender or auction bid that was received; or\n- (i) was previously offered for sale by tender or auction but was not sold; and\n- (ii) is sold for more than the highest tender or auction bid that was received; or\n- (b) the valuable non-current asset is disposed of to— (i) a government agency; or (ii) a community organisation; or\n- (i) a government agency; or\n- (ii) a community organisation; or\n- (c) for the disposal of land or an interest in land— (i) the land will not be rateable land after the disposal; or (ii) the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or (iii) the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or (iv) the land is disposed of to a person who owns adjoining land if— (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and (B) there is not another person who owns other adjoining land who wishes to acquire the land; and (C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; or (v) all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— (A) it is in the public interest to dispose of the land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or (vi) the disposal is for the purpose of a lease for a telecommunication tower; or (vii) the disposal is of an interest in land that is used as an airport or for related purposes if— (A) it is in the public interest to dispose of the interest in land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (i) the land will not be rateable land after the disposal; or\n- (ii) the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or\n- (iii) the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or\n- (iv) the land is disposed of to a person who owns adjoining land if— (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and (B) there is not another person who owns other adjoining land who wishes to acquire the land; and (C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\n- (B) there is not another person who owns other adjoining land who wishes to acquire the land; and\n- (C) it is in the public interest to dispose of the land without a tender or auction; and\n- (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (v) all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— (A) it is in the public interest to dispose of the land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (vi) the disposal is for the purpose of a lease for a telecommunication tower; or\n- (vii) the disposal is of an interest in land that is used as an airport or for related purposes if— (A) it is in the public interest to dispose of the interest in land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the interest in land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (d) for the disposal of a valuable non-current asset, other than land, by way of a trade-in for the supply of goods or services to the local government— (i) the supply is, or is to be, made under this part; and (ii) the disposal is, or is to be, part of the contract for the supply; or\n- (i) the supply is, or is to be, made under this part; and\n- (ii) the disposal is, or is to be, part of the contract for the supply; or\n- (e) for the disposal of a valuable non-current asset by the grant of a lease—the grant of the lease has been previously offered by tender or auction, but a lease has not been entered into; or\n- (f) none of paragraphs (a) to (e) apply and the local government considers the disposal is— (i) in the public interest; and (ii) otherwise in accordance with the sound contracting principles.\n- (i) in the public interest; and\n- (ii) otherwise in accordance with the sound contracting principles.\n- (i) was previously offered for sale by tender or auction but was not sold; and\n- (ii) is sold for more than the highest tender or auction bid that was received; or\n- (i) a government agency; or\n- (ii) a community organisation; or\n- (i) the land will not be rateable land after the disposal; or\n- (ii) the land is disposed of to a person whose restored enjoyment of the land is consistent with Aboriginal tradition or Island custom; or\n- (iii) the disposal is for the purpose of renewing the lease of land to the existing tenant of the land; or\n- (iv) the land is disposed of to a person who owns adjoining land if— (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and (B) there is not another person who owns other adjoining land who wishes to acquire the land; and (C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\n- (B) there is not another person who owns other adjoining land who wishes to acquire the land; and\n- (C) it is in the public interest to dispose of the land without a tender or auction; and\n- (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (v) all or some of the consideration for the disposal is consideration other than money, for example, other land given in exchange for the disposal, if— (A) it is in the public interest to dispose of the land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (vi) the disposal is for the purpose of a lease for a telecommunication tower; or\n- (vii) the disposal is of an interest in land that is used as an airport or for related purposes if— (A) it is in the public interest to dispose of the interest in land without a tender or auction; and (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the interest in land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) the land is not suitable to be offered for disposal by tender or auction for a particular reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and\n- (B) there is not another person who owns other adjoining land who wishes to acquire the land; and\n- (C) it is in the public interest to dispose of the land without a tender or auction; and\n- (D) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (A) it is in the public interest to dispose of the interest in land without a tender or auction; and\n- (B) the disposal is otherwise in accordance with sound contracting principles; or\n- (i) the supply is, or is to be, made under this part; and\n- (ii) the disposal is, or is to be, part of the contract for the supply; or\n- (i) in the public interest; and\n- (ii) otherwise in accordance with the sound contracting principles.\n- (a) the resolution must state— (i) why the local government considers the disposal of the asset other than by tender or auction is in the public interest; and (ii) how the disposal is otherwise in accordance with the sound contracting principles; and\n- (i) why the local government considers the disposal of the asset other than by tender or auction is in the public interest; and\n- (ii) how the disposal is otherwise in accordance with the sound contracting principles; and\n- (b) the local government— (i) must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and (ii) must not dispose of the asset as permitted by the exception within 56 days after making the resolution.\n- (i) must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and\n- (ii) must not dispose of the asset as permitted by the exception within 56 days after making the resolution.\n- (i) why the local government considers the disposal of the asset other than by tender or auction is in the public interest; and\n- (ii) how the disposal is otherwise in accordance with the sound contracting principles; and\n- (i) must, within 5 business days after making the resolution, give a copy of the resolution to the Minister; and\n- (ii) must not dispose of the asset as permitted by the exception within 56 days after making the resolution.","sortOrder":334},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Publishing details of particular contractual arrangements","content":"# Publishing details of particular contractual arrangements","sortOrder":335},{"sectionNumber":"sec.237","sectionType":"section","heading":"Publishing details of contractual arrangements worth $200,000 or more","content":"### sec.237 Publishing details of contractual arrangements worth $200,000 or more\n\nA local government must, as soon as practicable after entering into a contractual arrangement worth $200,000 or more (exclusive of GST)—\npublish the relevant details of the contractual arrangement on the local government’s website; and\ndisplay the relevant details of the contractual arrangement in a conspicuous place in the local government’s public office.\nThe relevant details must be published or displayed under subsection (1) for a period of at least 12 months.\nIn this section—\nrelevant details , of a contractual arrangement, means the following—\nthe person with whom the local government has entered into the contractual arrangement;\nthe value of the contractual arrangement;\nthe purpose of the contractual arrangement.\nthe particular goods or services to be supplied under the contractual arrangement\ns 237 amd 2013 SL No. 273 s 27\n(sec.237-ssec.1) A local government must, as soon as practicable after entering into a contractual arrangement worth $200,000 or more (exclusive of GST)— publish the relevant details of the contractual arrangement on the local government’s website; and display the relevant details of the contractual arrangement in a conspicuous place in the local government’s public office.\n(sec.237-ssec.2) The relevant details must be published or displayed under subsection (1) for a period of at least 12 months.\n(sec.237-ssec.3) In this section— relevant details , of a contractual arrangement, means the following— the person with whom the local government has entered into the contractual arrangement; the value of the contractual arrangement; the purpose of the contractual arrangement. the particular goods or services to be supplied under the contractual arrangement\n- (a) publish the relevant details of the contractual arrangement on the local government’s website; and\n- (b) display the relevant details of the contractual arrangement in a conspicuous place in the local government’s public office.\n- (a) the person with whom the local government has entered into the contractual arrangement;\n- (b) the value of the contractual arrangement;\n- (c) the purpose of the contractual arrangement. Example— the particular goods or services to be supplied under the contractual arrangement","sortOrder":336},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":337},{"sectionNumber":"sec.238","sectionType":"section","heading":"Entering into a contract under a delegation","content":"### sec.238 Entering into a contract under a delegation\n\nThis section applies if a local government delegates, under section 257 of the Act , power to make, amend or discharge a contract for the local government.\nThe chief executive officer may delegate a power delegated by a local government. See the Act , section 259 .\nThe delegate may make, amend or discharge a contract (the contractual action ) for the local government if—\nthe local government’s expenditure because of the contractual action has been provided for in the approved annual budget for—\nthe financial year when the contractual action is taken; or\nthe financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\nthe contractual action has been taken because of genuine emergency or hardship.\nThe delegate may take the contractual action in the same way as an individual.\nThis section does not affect another law that requires—\nan approval, consent or permission to be obtained; or\na procedure to be complied with for taking the contractual action.\n(sec.238-ssec.1) This section applies if a local government delegates, under section 257 of the Act , power to make, amend or discharge a contract for the local government. The chief executive officer may delegate a power delegated by a local government. See the Act , section 259 .\n(sec.238-ssec.2) The delegate may make, amend or discharge a contract (the contractual action ) for the local government if— the local government’s expenditure because of the contractual action has been provided for in the approved annual budget for— the financial year when the contractual action is taken; or the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or the contractual action has been taken because of genuine emergency or hardship.\n(sec.238-ssec.3) The delegate may take the contractual action in the same way as an individual.\n(sec.238-ssec.4) This section does not affect another law that requires— an approval, consent or permission to be obtained; or a procedure to be complied with for taking the contractual action.\n- (a) the local government’s expenditure because of the contractual action has been provided for in the approved annual budget for— (i) the financial year when the contractual action is taken; or (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\n- (i) the financial year when the contractual action is taken; or\n- (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\n- (b) the contractual action has been taken because of genuine emergency or hardship.\n- (i) the financial year when the contractual action is taken; or\n- (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or\n- (a) an approval, consent or permission to be obtained; or\n- (b) a procedure to be complied with for taking the contractual action.","sortOrder":338},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Councillors","content":"# Councillors","sortOrder":339},{"sectionNumber":"ch.8-pt.1-div.1A","sectionType":"division","heading":"Councillor conduct","content":"## Councillor conduct","sortOrder":340},{"sectionNumber":"sec.239A","sectionType":"section","heading":"Approval of code of conduct— Act , s 150E","content":"### sec.239A Approval of code of conduct— Act , s 150E\n\nFor section 150E (1) of the Act , the code of conduct set out in the document called ‘Code of Conduct for Councillors in Queensland’ made by the Minister on 22 February 2024 is approved.\ns 239A ins 2018 SL No. 201 s 7\namd 2020 SL No. 52 s 5 ; 2020 SL No. 156 s 44 ; 2024 SL No. 14 s 8","sortOrder":341},{"sectionNumber":"sec.239B","sectionType":"section","heading":"Other person who may be appointed as investigator— Act , s 150BA","content":"### sec.239B Other person who may be appointed as investigator— Act , s 150BA\n\nFor section 150BA (1) (c) of the Act , the other persons are—\na person who contracts with the assessor to provide services to conduct investigations under section 150AY of the Act ; or\nan individual who is employed or engaged by a person mentioned in paragraph (a) .\ns 239B ins 2018 SL No. 201 s 7\n- (a) a person who contracts with the assessor to provide services to conduct investigations under section 150AY of the Act ; or\n- (b) an individual who is employed or engaged by a person mentioned in paragraph (a) .","sortOrder":342},{"sectionNumber":"sec.239C","sectionType":"section","heading":"When summary of investigation report or investigation report must be made publicly available","content":"### sec.239C When summary of investigation report or investigation report must be made publicly available\n\nFor section 150AFA (3) (b) of the Act , the day and time prescribed is 5p.m. on the next business day after notice of the meeting at which the decision is to be made is given under—\nfor the Brisbane City Council—the City of Brisbane Regulation 2012 , section 242C ; or\nfor another local government— section 254C .\nHowever, if the agenda for the meeting is made publicly available under section 254D or the City of Brisbane Regulation 2012 , section 242D before the day and time mentioned in subsection (1) , the day and time prescribed is the day and time when the agenda is made publicly available.\nFor section 150AGA (1) (a) of the Act , the day and time prescribed is 5p.m. on the tenth day after the meeting at which the decision is made is held.\nHowever, if minutes for the meeting are made publicly available under section 254F or the City of Brisbane Regulation 2012 , section 242F before the day and time mentioned in subsection (3) , the day and time prescribed is the day and time when the minutes are made publicly available.\ns 239C ins 2023 Act No. 30 s 106\n(sec.239C-ssec.1) For section 150AFA (3) (b) of the Act , the day and time prescribed is 5p.m. on the next business day after notice of the meeting at which the decision is to be made is given under— for the Brisbane City Council—the City of Brisbane Regulation 2012 , section 242C ; or for another local government— section 254C .\n(sec.239C-ssec.2) However, if the agenda for the meeting is made publicly available under section 254D or the City of Brisbane Regulation 2012 , section 242D before the day and time mentioned in subsection (1) , the day and time prescribed is the day and time when the agenda is made publicly available.\n(sec.239C-ssec.3) For section 150AGA (1) (a) of the Act , the day and time prescribed is 5p.m. on the tenth day after the meeting at which the decision is made is held.\n(sec.239C-ssec.4) However, if minutes for the meeting are made publicly available under section 254F or the City of Brisbane Regulation 2012 , section 242F before the day and time mentioned in subsection (3) , the day and time prescribed is the day and time when the minutes are made publicly available. s 239C ins 2023 Act No. 30 s 106\n- (a) for the Brisbane City Council—the City of Brisbane Regulation 2012 , section 242C ; or\n- (b) for another local government— section 254C .","sortOrder":343},{"sectionNumber":"ch.8-pt.1-div.1","sectionType":"division","heading":"Councillor remuneration","content":"## Councillor remuneration","sortOrder":344},{"sectionNumber":"sec.240","sectionType":"section","heading":"What div 1 is about","content":"### sec.240 What div 1 is about\n\nThis division states the processes of the remuneration commission in deciding the remuneration that is payable to councillors.\ns 240 amd 2018 SL No. 201 s 8","sortOrder":345},{"sectionNumber":"sec.241","sectionType":"section","heading":"Establishing categories of local governments","content":"### sec.241 Establishing categories of local governments\n\nThe remuneration commission must establish categories of local governments for this part.\nThe purpose of establishing categories of local governments is to enable the remuneration commission to decide the maximum amounts of remuneration that are payable to mayors and other councillors in each of the categories.\ns 241 amd 2013 Act No. 32 s 84 ; 2018 SL No. 201 s 9\n(sec.241-ssec.1) The remuneration commission must establish categories of local governments for this part.\n(sec.241-ssec.2) The purpose of establishing categories of local governments is to enable the remuneration commission to decide the maximum amounts of remuneration that are payable to mayors and other councillors in each of the categories.","sortOrder":346},{"sectionNumber":"sec.242","sectionType":"section","heading":"Criteria for establishing categories","content":"### sec.242 Criteria for establishing categories\n\nIn establishing categories of local governments, the remuneration commission—\nmust have regard to the following criteria—\nthe size, and geographical and environmental terrain, of local government areas;\nthe population of local government areas, including the areas’ demographics, the spread of population serviced by the local governments and the extent of the services the local governments provide; and\nmay have regard to other matters the remuneration commission considers relevant to the effectiveness, efficiency and sustainability of local governments.\ns 242 amd 2018 SL No. 201 s 10\n- (a) must have regard to the following criteria— (i) the size, and geographical and environmental terrain, of local government areas; (ii) the population of local government areas, including the areas’ demographics, the spread of population serviced by the local governments and the extent of the services the local governments provide; and\n- (i) the size, and geographical and environmental terrain, of local government areas;\n- (ii) the population of local government areas, including the areas’ demographics, the spread of population serviced by the local governments and the extent of the services the local governments provide; and\n- (b) may have regard to other matters the remuneration commission considers relevant to the effectiveness, efficiency and sustainability of local governments.\n- (i) the size, and geographical and environmental terrain, of local government areas;\n- (ii) the population of local government areas, including the areas’ demographics, the spread of population serviced by the local governments and the extent of the services the local governments provide; and","sortOrder":347},{"sectionNumber":"sec.243","sectionType":"section","heading":"Deciding and reviewing categories to which local governments belong","content":"### sec.243 Deciding and reviewing categories to which local governments belong\n\nThe remuneration commission must, for each local government, decide the category of local government to which the local government belongs.\nWhen making a decision about a local government under subsection (1) , the remuneration commission must have regard to the criteria it used for establishing categories of local governments.\nThe remuneration commission must, once during each local government term—\nreview the categories of local governments established under section 241 ; and\nensure the review is completed before 1 December of the year before the year in which the next quadrennial election is to be held.\nFor subsection (3) , a local government term is the period between a quadrennial election and the next quadrennial election.\nAfter reviewing the categories, the remuneration commission must—\ndecide whether to amend the established categories; and\nif any established category of local government is amended, again decide the categories of any local governments affected by the amendment.\ns 243 amd 2018 SL No. 201 s 11\n(sec.243-ssec.1) The remuneration commission must, for each local government, decide the category of local government to which the local government belongs.\n(sec.243-ssec.2) When making a decision about a local government under subsection (1) , the remuneration commission must have regard to the criteria it used for establishing categories of local governments.\n(sec.243-ssec.3) The remuneration commission must, once during each local government term— review the categories of local governments established under section 241 ; and ensure the review is completed before 1 December of the year before the year in which the next quadrennial election is to be held.\n(sec.243-ssec.4) For subsection (3) , a local government term is the period between a quadrennial election and the next quadrennial election.\n(sec.243-ssec.5) After reviewing the categories, the remuneration commission must— decide whether to amend the established categories; and if any established category of local government is amended, again decide the categories of any local governments affected by the amendment.\n- (a) review the categories of local governments established under section 241 ; and\n- (b) ensure the review is completed before 1 December of the year before the year in which the next quadrennial election is to be held.\n- (a) decide whether to amend the established categories; and\n- (b) if any established category of local government is amended, again decide the categories of any local governments affected by the amendment.","sortOrder":348},{"sectionNumber":"sec.244","sectionType":"section","heading":"Deciding maximum amounts of remuneration","content":"### sec.244 Deciding maximum amounts of remuneration\n\nThe remuneration commission must, before 1 December of each year, and for each category of local government, decide the maximum amount of remuneration payable from 1 July of the following year to a councillor, mayor or deputy mayor of a local government in each category.\nThe remuneration may include, or may separately provide for, remuneration for the duties a councillor may be required to perform if the councillor is appointed to a committee, or as chairperson or deputy chairperson of a committee, of a local government.\nThe remuneration can not include—\nany amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy; or\nany contribution a local government makes for a councillor to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 226 of the Act .\nHowever, the remuneration may include an additional amount for councillors who are over 75 years paid in lieu of the contributions mentioned in subsection (3) (b) .\ns 244 amd 2013 Act No. 32 s 85 ; 2018 SL No. 201 s 12\n(sec.244-ssec.1) The remuneration commission must, before 1 December of each year, and for each category of local government, decide the maximum amount of remuneration payable from 1 July of the following year to a councillor, mayor or deputy mayor of a local government in each category.\n(sec.244-ssec.2) The remuneration may include, or may separately provide for, remuneration for the duties a councillor may be required to perform if the councillor is appointed to a committee, or as chairperson or deputy chairperson of a committee, of a local government.\n(sec.244-ssec.3) The remuneration can not include— any amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy; or any contribution a local government makes for a councillor to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 226 of the Act .\n(sec.244-ssec.4) However, the remuneration may include an additional amount for councillors who are over 75 years paid in lieu of the contributions mentioned in subsection (3) (b) .\n- (a) any amount for expenses to be paid or facilities to be provided to a councillor of a local government under its expenses reimbursement policy; or\n- (b) any contribution a local government makes for a councillor to a voluntary superannuation scheme for councillors established or taken part in by the local government under section 226 of the Act .","sortOrder":349},{"sectionNumber":"sec.245","sectionType":"section","heading":null,"content":"### Section sec.245\n\ns 245 om 2013 Act No. 32 s 86","sortOrder":350},{"sectionNumber":"sec.246","sectionType":"section","heading":"Remuneration schedule","content":"### sec.246 Remuneration schedule\n\nThe remuneration commission must prepare a remuneration schedule after the remuneration commission makes a decision about maximum amounts of remuneration under section 244 .\nA remuneration schedule must state—\nthe date from which the schedule applies; and\nthe category of each local government decided under section 243 ; and\nthe maximum amount of remuneration payable to the mayors, deputy mayors and other councillors for each category of local government decided under section 244 .\nAfter preparing a remuneration schedule, the remuneration commission must—\nwithin 14 days, prepare a report about the remuneration schedule and give a copy of the report and the remuneration schedule to the Minister; and\npublish the remuneration schedule in the gazette.\nA remuneration schedule continues in effect until a new remuneration schedule applies.\ns 246 amd 2013 Act No. 32 s 87 ; 2018 SL No. 201 s 13\n(sec.246-ssec.1) The remuneration commission must prepare a remuneration schedule after the remuneration commission makes a decision about maximum amounts of remuneration under section 244 .\n(sec.246-ssec.2) A remuneration schedule must state— the date from which the schedule applies; and the category of each local government decided under section 243 ; and the maximum amount of remuneration payable to the mayors, deputy mayors and other councillors for each category of local government decided under section 244 .\n(sec.246-ssec.3) After preparing a remuneration schedule, the remuneration commission must— within 14 days, prepare a report about the remuneration schedule and give a copy of the report and the remuneration schedule to the Minister; and publish the remuneration schedule in the gazette.\n(sec.246-ssec.4) A remuneration schedule continues in effect until a new remuneration schedule applies.\n- (a) the date from which the schedule applies; and\n- (b) the category of each local government decided under section 243 ; and\n- (c) the maximum amount of remuneration payable to the mayors, deputy mayors and other councillors for each category of local government decided under section 244 .\n- (a) within 14 days, prepare a report about the remuneration schedule and give a copy of the report and the remuneration schedule to the Minister; and\n- (b) publish the remuneration schedule in the gazette.","sortOrder":351},{"sectionNumber":"sec.247","sectionType":"section","heading":"Remuneration payable to councillors","content":"### sec.247 Remuneration payable to councillors\n\nA local government must pay remuneration to each councillor of the local government.\nThe maximum amount of remuneration payable to a councillor under the remuneration schedule must be paid to the councillor, unless the local government, by resolution, decides the maximum amount is not payable to the councillor.\nHowever, a decision not to pay the maximum amount of remuneration to a councillor must not be made only because the councillor was absent, with or without the local government’s leave, for 1 or more ordinary meetings of the local government.\nIn a resolution made under subsection (2) , the local government must also decide the amount of remuneration payable to the councillor.\nThe amount of remuneration decided under subsection (4) for each councillor must not be more than the maximum amount of remuneration payable to the councillor under the remuneration schedule.\nThe amount of remuneration for each councillor, other than a mayor or deputy mayor, must be the same.\nIf the amount of remuneration for a councillor is a proportion of the maximum amount payable to the councillor under the remuneration schedule, the amount of remuneration for each other councillor, including a mayor or deputy mayor, must be the same proportion of the maximum amount payable to that other councillor under the schedule.\nIf the amount of remuneration for the mayor of a local government is 90% of the maximum amount of remuneration payable to the mayor under the remuneration schedule—\nthe amount of remuneration for the deputy mayor of the local government must be 90% of the maximum amount of remuneration payable to the deputy mayor under the schedule; and\nthe amount of remuneration for the other councillors of the local government must be 90% of the maximum amount of remuneration payable to councillors other than the mayor or deputy mayor under the schedule.\nThe local government must make a resolution under subsection (2) , for the remuneration payable from 1 July of a particular year, before 1 July of that year.\nSubsections (5) , (6) and (7) are subject to section 248 .\ns 247 sub 2013 Act No. 32 s 88\namd 2016 SL No. 217 s 8 ; 2025 SL No. 161 s 25 ; 2026 Act No. 5 s 122\n(sec.247-ssec.1) A local government must pay remuneration to each councillor of the local government.\n(sec.247-ssec.2) The maximum amount of remuneration payable to a councillor under the remuneration schedule must be paid to the councillor, unless the local government, by resolution, decides the maximum amount is not payable to the councillor.\n(sec.247-ssec.3) However, a decision not to pay the maximum amount of remuneration to a councillor must not be made only because the councillor was absent, with or without the local government’s leave, for 1 or more ordinary meetings of the local government.\n(sec.247-ssec.4) In a resolution made under subsection (2) , the local government must also decide the amount of remuneration payable to the councillor.\n(sec.247-ssec.5) The amount of remuneration decided under subsection (4) for each councillor must not be more than the maximum amount of remuneration payable to the councillor under the remuneration schedule.\n(sec.247-ssec.6) The amount of remuneration for each councillor, other than a mayor or deputy mayor, must be the same.\n(sec.247-ssec.7) If the amount of remuneration for a councillor is a proportion of the maximum amount payable to the councillor under the remuneration schedule, the amount of remuneration for each other councillor, including a mayor or deputy mayor, must be the same proportion of the maximum amount payable to that other councillor under the schedule. If the amount of remuneration for the mayor of a local government is 90% of the maximum amount of remuneration payable to the mayor under the remuneration schedule— the amount of remuneration for the deputy mayor of the local government must be 90% of the maximum amount of remuneration payable to the deputy mayor under the schedule; and the amount of remuneration for the other councillors of the local government must be 90% of the maximum amount of remuneration payable to councillors other than the mayor or deputy mayor under the schedule.\n(sec.247-ssec.8) The local government must make a resolution under subsection (2) , for the remuneration payable from 1 July of a particular year, before 1 July of that year.\n(sec.247-ssec.9) Subsections (5) , (6) and (7) are subject to section 248 .\n- (a) the amount of remuneration for the deputy mayor of the local government must be 90% of the maximum amount of remuneration payable to the deputy mayor under the schedule; and\n- (b) the amount of remuneration for the other councillors of the local government must be 90% of the maximum amount of remuneration payable to councillors other than the mayor or deputy mayor under the schedule.","sortOrder":352},{"sectionNumber":"sec.248","sectionType":"section","heading":"Submission to vary remuneration in exceptional circumstances","content":"### sec.248 Submission to vary remuneration in exceptional circumstances\n\nThis section applies if a local government considers that, having regard to exceptional circumstances, a councillor of its local government is entitled to an amount of remuneration that is more than the maximum amount of remuneration payable to the councillor under the remuneration schedule.\nThe local government may make a submission to the remuneration commission for approval to pay the councillor an amount of remuneration of more than the maximum amount (a higher amount ).\nThe remuneration commission may, but is not required to, consider the submission.\nIf the remuneration commission is satisfied that, having regard to the exceptional circumstances, the councillor is entitled to be paid any higher amount, the remuneration commission may approve payment of that amount.\ns 248 sub 2013 Act No. 32 s 88\namd 2018 SL No. 201 s 14\n(sec.248-ssec.1) This section applies if a local government considers that, having regard to exceptional circumstances, a councillor of its local government is entitled to an amount of remuneration that is more than the maximum amount of remuneration payable to the councillor under the remuneration schedule.\n(sec.248-ssec.2) The local government may make a submission to the remuneration commission for approval to pay the councillor an amount of remuneration of more than the maximum amount (a higher amount ).\n(sec.248-ssec.3) The remuneration commission may, but is not required to, consider the submission.\n(sec.248-ssec.4) If the remuneration commission is satisfied that, having regard to the exceptional circumstances, the councillor is entitled to be paid any higher amount, the remuneration commission may approve payment of that amount.","sortOrder":353},{"sectionNumber":"ch.8-pt.1-div.2","sectionType":"division","heading":"Reimbursement of expenses and provision of facilities","content":"## Reimbursement of expenses and provision of facilities","sortOrder":354},{"sectionNumber":"sec.249","sectionType":"section","heading":"What div 2 is about","content":"### sec.249 What div 2 is about\n\nThis division is about the expenses reimbursement policy.\nThe expenses reimbursement policy is a policy providing for the following—\npayment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors;\nprovision of facilities to councillors for that purpose.\n(sec.249-ssec.1) This division is about the expenses reimbursement policy.\n(sec.249-ssec.2) The expenses reimbursement policy is a policy providing for the following— payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors; provision of facilities to councillors for that purpose.\n- (a) payment of reasonable expenses incurred, or to be incurred, by councillors for discharging their duties and responsibilities as councillors;\n- (b) provision of facilities to councillors for that purpose.","sortOrder":355},{"sectionNumber":"sec.250","sectionType":"section","heading":"Requirement to adopt expenses reimbursement policy or amendment","content":"### sec.250 Requirement to adopt expenses reimbursement policy or amendment\n\nA local government must adopt an expenses reimbursement policy.\nA local government may, by resolution, amend its expenses reimbursement policy at any time.\n(sec.250-ssec.1) A local government must adopt an expenses reimbursement policy.\n(sec.250-ssec.2) A local government may, by resolution, amend its expenses reimbursement policy at any time.","sortOrder":356},{"sectionNumber":"sec.251","sectionType":"section","heading":"Notification of adoption of expenses reimbursement policy","content":"### sec.251 Notification of adoption of expenses reimbursement policy\n\nAs soon as practicable after a local government adopts or amends its expenses reimbursement policy, the local government must—\nensure a copy of the policy may be inspected and purchased by the public at the local government’s public office; and\npublish the policy on the local government’s website.\nThe price for purchasing a copy of the policy must be no more than the cost to the local government of making the copy available for purchase.\n(sec.251-ssec.1) As soon as practicable after a local government adopts or amends its expenses reimbursement policy, the local government must— ensure a copy of the policy may be inspected and purchased by the public at the local government’s public office; and publish the policy on the local government’s website.\n(sec.251-ssec.2) The price for purchasing a copy of the policy must be no more than the cost to the local government of making the copy available for purchase.\n- (a) ensure a copy of the policy may be inspected and purchased by the public at the local government’s public office; and\n- (b) publish the policy on the local government’s website.","sortOrder":357},{"sectionNumber":"sec.252","sectionType":"section","heading":"Meetings about expenses reimbursement policy","content":"### sec.252 Meetings about expenses reimbursement policy\n\nA local government can not resolve under section 254J that a meeting at which a proposed expenses reimbursement policy is discussed (including its adoption or amendment, for example) be closed.\ns 252 amd 2020 SL No. 156 s 45","sortOrder":358},{"sectionNumber":"ch.8-pt.1-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":359},{"sectionNumber":"sec.253","sectionType":"section","heading":null,"content":"### Section sec.253\n\ns 253 orig s 253 om 2013 Act No. 60 s 33 sch 1\nprev s 253 ins 2018 SL No. 13 s 3\nexp 17 February 2018 (see s 253(2))\nins 2023 SL No. 132 s 3\namd 2023 SL No. 134 s 3\nexp 8 October 2023 (see s 253(3))\nins 2024 SL No. 249 s 3\nexp 22 November 2025 (see s 253(3))","sortOrder":360},{"sectionNumber":"sec.253A","sectionType":"section","heading":null,"content":"### Section sec.253A\n\ns 253A ins 2023 SL No. 134 s 4\nexp 1 May 2024 (see s 253A(3))","sortOrder":361},{"sectionNumber":"sec.254","sectionType":"section","heading":"Declaration of office— Act , s 169","content":"### sec.254 Declaration of office— Act , s 169\n\nFor section 169 (2) of the Act , the declaration of office prescribed is—\n‘I, ( insert name of councillor), having been elected/appointed as a councillor of the ( insert name of local government), declare that I will faithfully and impartially fulfil the duties of the office, in accordance with the local government principles and code of conduct for councillors under the Local Government Act 2009 , to the best of my judgment and ability.’.\ns 254 amd 2018 SL No. 201 s 15 ; 2020 SL No. 156 s 46","sortOrder":362},{"sectionNumber":"sec.254AA","sectionType":"section","heading":"Councillor training— Act , s 169A","content":"### sec.254AA Councillor training— Act , s 169A\n\nFor section 169A (2) (a) of the Act , the period prescribed for a councillor elected at a local government election is the period ending 6 months after the conclusion of the local government election.\nFor section 169A (4) of the Act , the period prescribed is—\nfor the first training approved by the department’s chief executive after the commencement of the Act , section 169A —5 business days after the commencement of this section; and\notherwise—20 business days after the training is approved by the department’s chief executive.\nFor section 169A (5) (a) of the Act , the period prescribed, for a local government election other than a by-election, is the period ending 20 business days after the conclusion of the local government election.\nFor section 169A (7) of the Act , the following requirements are prescribed—\nthe training is provided through an electronic system that identifies each councillor who starts the training and records when the councillor completes the training;\nthe training relates to all of the following—\nthe code of conduct approved under section 150E of the Act ;\nregisters of interests required under chapter 8 , part 5 ;\ndealing with conflicts of interest under chapter 5B of the Act .\nIn this section—\nby-election see the Local Government Electoral Act , schedule 2 .\nlocal government election see the Local Government Electoral Act , schedule 2 .\ns 254AA ins 2024 SL No. 14 s 9\n(sec.254AA-ssec.1) For section 169A (2) (a) of the Act , the period prescribed for a councillor elected at a local government election is the period ending 6 months after the conclusion of the local government election.\n(sec.254AA-ssec.2) For section 169A (4) of the Act , the period prescribed is— for the first training approved by the department’s chief executive after the commencement of the Act , section 169A —5 business days after the commencement of this section; and otherwise—20 business days after the training is approved by the department’s chief executive.\n(sec.254AA-ssec.3) For section 169A (5) (a) of the Act , the period prescribed, for a local government election other than a by-election, is the period ending 20 business days after the conclusion of the local government election.\n(sec.254AA-ssec.4) For section 169A (7) of the Act , the following requirements are prescribed— the training is provided through an electronic system that identifies each councillor who starts the training and records when the councillor completes the training; the training relates to all of the following— the code of conduct approved under section 150E of the Act ; registers of interests required under chapter 8 , part 5 ; dealing with conflicts of interest under chapter 5B of the Act .\n(sec.254AA-ssec.5) In this section— by-election see the Local Government Electoral Act , schedule 2 . local government election see the Local Government Electoral Act , schedule 2 .\n- (a) for the first training approved by the department’s chief executive after the commencement of the Act , section 169A —5 business days after the commencement of this section; and\n- (b) otherwise—20 business days after the training is approved by the department’s chief executive.\n- (a) the training is provided through an electronic system that identifies each councillor who starts the training and records when the councillor completes the training;\n- (b) the training relates to all of the following— (i) the code of conduct approved under section 150E of the Act ; (ii) registers of interests required under chapter 8 , part 5 ; (iii) dealing with conflicts of interest under chapter 5B of the Act .\n- (i) the code of conduct approved under section 150E of the Act ;\n- (ii) registers of interests required under chapter 8 , part 5 ;\n- (iii) dealing with conflicts of interest under chapter 5B of the Act .\n- (i) the code of conduct approved under section 150E of the Act ;\n- (ii) registers of interests required under chapter 8 , part 5 ;\n- (iii) dealing with conflicts of interest under chapter 5B of the Act .","sortOrder":363},{"sectionNumber":"sec.254AB","sectionType":"section","heading":"Ordinary business matters relating to documents— Act , s 150EF","content":"### sec.254AB Ordinary business matters relating to documents— Act , s 150EF\n\nFor section 150EF (1) (d) of the Act , the following documents are prescribed—\na local government’s investigation policy adopted under section 150AE of the Act ;\na local government’s annual operational plan adopted under section 174 .\ns 254AB ins 2024 SL No. 14 s 9\n- (a) a local government’s investigation policy adopted under section 150AE of the Act ;\n- (b) a local government’s annual operational plan adopted under section 174 .","sortOrder":364},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"Local government meetings and committees","content":"# Local government meetings and committees","sortOrder":365},{"sectionNumber":"ch.8-pt.2-div.1A","sectionType":"division","heading":"Requirements for local government meetings generally","content":"## Requirements for local government meetings generally","sortOrder":366},{"sectionNumber":"sec.254A","sectionType":"section","heading":"What this division is about","content":"### sec.254A What this division is about\n\nThis division is about local government meetings.\nHowever, this division does not apply to meetings of an audit committee.\ns 254A ins 2020 SL No. 156 s 47\n(sec.254A-ssec.1) This division is about local government meetings.\n(sec.254A-ssec.2) However, this division does not apply to meetings of an audit committee.","sortOrder":367},{"sectionNumber":"sec.254B","sectionType":"section","heading":"Public notice of meetings","content":"### sec.254B Public notice of meetings\n\nA local government must, at least once in each year, publish a notice of the days and times when—\nits ordinary meetings will be held; and\nthe ordinary meetings of its standing committees will be held.\nThe notice mentioned in subsection (1) must be published on the local government’s website, and in other ways the local government considers appropriate.\nA local government must display in a conspicuous place in its public office a notice of the days and times when—\nits meetings will be held; and\nmeetings of its committees will be held.\nA local government must, as soon as practicable, notify any change to the days and times mentioned in subsection (1) or (3) in the same way as the days and times were previously notified.\ns 254B ins 2020 SL No. 156 s 47\n(sec.254B-ssec.1) A local government must, at least once in each year, publish a notice of the days and times when— its ordinary meetings will be held; and the ordinary meetings of its standing committees will be held.\n(sec.254B-ssec.2) The notice mentioned in subsection (1) must be published on the local government’s website, and in other ways the local government considers appropriate.\n(sec.254B-ssec.3) A local government must display in a conspicuous place in its public office a notice of the days and times when— its meetings will be held; and meetings of its committees will be held.\n(sec.254B-ssec.4) A local government must, as soon as practicable, notify any change to the days and times mentioned in subsection (1) or (3) in the same way as the days and times were previously notified.\n- (a) its ordinary meetings will be held; and\n- (b) the ordinary meetings of its standing committees will be held.\n- (a) its meetings will be held; and\n- (b) meetings of its committees will be held.","sortOrder":368},{"sectionNumber":"sec.254C","sectionType":"section","heading":"Notice of meetings and agendas for councillors or committee members","content":"### sec.254C Notice of meetings and agendas for councillors or committee members\n\nNotice of each local government meeting or adjourned local government meeting must be given to each councillor or committee member—\nfor an indigenous regional council—at least 4 days before the day of the meeting, unless it is impracticable to give the notice before that time; or\nfor another local government—at least 2 days before the day of the meeting, unless it is impracticable to give the notice before that time.\nThe notice must—\nstate the day and time of the local government meeting; and\nfor a special meeting—state the business to be conducted at the meeting; and\ninclude the agenda for the local government meeting.\nThe notice may be given to a councillor or committee member by sending the notice to the councillor or member electronically.\nIn this section—\nspecial meeting means a meeting of a local government at which the only business that may be conducted is the business stated in the notice of meeting.\ns 254C ins 2020 SL No. 156 s 47\n(sec.254C-ssec.1) Notice of each local government meeting or adjourned local government meeting must be given to each councillor or committee member— for an indigenous regional council—at least 4 days before the day of the meeting, unless it is impracticable to give the notice before that time; or for another local government—at least 2 days before the day of the meeting, unless it is impracticable to give the notice before that time.\n(sec.254C-ssec.2) The notice must— state the day and time of the local government meeting; and for a special meeting—state the business to be conducted at the meeting; and include the agenda for the local government meeting.\n(sec.254C-ssec.3) The notice may be given to a councillor or committee member by sending the notice to the councillor or member electronically.\n(sec.254C-ssec.4) In this section— special meeting means a meeting of a local government at which the only business that may be conducted is the business stated in the notice of meeting.\n- (a) for an indigenous regional council—at least 4 days before the day of the meeting, unless it is impracticable to give the notice before that time; or\n- (b) for another local government—at least 2 days before the day of the meeting, unless it is impracticable to give the notice before that time.\n- (a) state the day and time of the local government meeting; and\n- (b) for a special meeting—state the business to be conducted at the meeting; and\n- (c) include the agenda for the local government meeting.","sortOrder":369},{"sectionNumber":"sec.254D","sectionType":"section","heading":"Public availability of agendas","content":"### sec.254D Public availability of agendas\n\nA local government must make the agenda for a local government meeting publicly available by 5p.m. on the next business day after notice of the meeting is given under section 254C .\nAlso, a local government must make a related report for a local government meeting publicly available as follows—\nif the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 254C —when the agenda for the meeting is made publicly available under subsection (1) ;\nif the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.\nHowever, a local government need not make a related report publicly available to the extent it contains information that is confidential to the local government.\nThis section does not affect the right to discuss or deal with, at any local government meeting, items arising after notice of the meeting is given under section 254C .\nIn this section—\nrelated report , for a local government meeting—\nmeans a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting; but\ndoes not include a summary of an investigation report or an investigation report required to be made publicly available under section 150AFA or 150AGA of the Act .\nrelevant period , for a local government meeting, means the period—\nstarting immediately after notice of the meeting is given under section 254C ; and\nending immediately before the meeting is held.\ns 254D ins 2020 SL No. 156 s 47\namd 2023 Act No. 30 s 107\n(sec.254D-ssec.1) A local government must make the agenda for a local government meeting publicly available by 5p.m. on the next business day after notice of the meeting is given under section 254C .\n(sec.254D-ssec.2) Also, a local government must make a related report for a local government meeting publicly available as follows— if the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 254C —when the agenda for the meeting is made publicly available under subsection (1) ; if the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.\n(sec.254D-ssec.3) However, a local government need not make a related report publicly available to the extent it contains information that is confidential to the local government.\n(sec.254D-ssec.4) This section does not affect the right to discuss or deal with, at any local government meeting, items arising after notice of the meeting is given under section 254C .\n(sec.254D-ssec.5) In this section— related report , for a local government meeting— means a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting; but does not include a summary of an investigation report or an investigation report required to be made publicly available under section 150AFA or 150AGA of the Act . relevant period , for a local government meeting, means the period— starting immediately after notice of the meeting is given under section 254C ; and ending immediately before the meeting is held.\n- (a) if the related report is made available to councillors or committee members before or at the time notice of the meeting is given under section 254C —when the agenda for the meeting is made publicly available under subsection (1) ;\n- (b) if the related report is made available to councillors or committee members during the relevant period for the meeting—as soon as practicable after it is made available to the councillors or committee members.\n- (a) means a report or other document relating to an item on the agenda for the meeting that is made available to councillors or committee members for the purposes of the meeting; but\n- (b) does not include a summary of an investigation report or an investigation report required to be made publicly available under section 150AFA or 150AGA of the Act .\n- (a) starting immediately after notice of the meeting is given under section 254C ; and\n- (b) ending immediately before the meeting is held.","sortOrder":370},{"sectionNumber":"sec.254E","sectionType":"section","heading":"Procedure at meetings","content":"### sec.254E Procedure at meetings\n\nBusiness may be conducted at a local government meeting only if a quorum is present.\nAt a local government meeting—\na question is decided by a majority of the votes of the councillors or committee members present; and\nsubject to chapter 5B of the Act , each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote; and\nif a councillor or committee member present and entitled to vote fails to vote, the councillor or member is taken to have voted in the negative.\ns 254E ins 2020 SL No. 156 s 47\n(sec.254E-ssec.1) Business may be conducted at a local government meeting only if a quorum is present.\n(sec.254E-ssec.2) At a local government meeting— a question is decided by a majority of the votes of the councillors or committee members present; and subject to chapter 5B of the Act , each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote; and if a councillor or committee member present and entitled to vote fails to vote, the councillor or member is taken to have voted in the negative.\n- (a) a question is decided by a majority of the votes of the councillors or committee members present; and\n- (b) subject to chapter 5B of the Act , each councillor or committee member present has a vote on each question to be decided and, if the votes are equal, the person presiding at the meeting has a casting vote; and\n- (c) if a councillor or committee member present and entitled to vote fails to vote, the councillor or member is taken to have voted in the negative.","sortOrder":371},{"sectionNumber":"sec.254F","sectionType":"section","heading":"Minutes","content":"### sec.254F Minutes\n\nThe chief executive officer must ensure minutes of each local government meeting are taken under the supervision of the person presiding at the meeting.\nMinutes of each local government meeting must include—\nthe names of councillors or committee members present at the meeting; and\nif a division is called on a question—the names of all persons voting on the question and how they voted; and\neach relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the local government.\nHowever, the minutes of a local government meeting need not include a relevant report if the relevant report has been made publicly available under section 254D .\nAt each local government meeting, the minutes of the previous meeting must be confirmed by the councillors or committee members present.\nA councillor or committee member present at a local government meeting may vote to confirm the minutes of the previous meeting even if—\nthe councillor or member was not present at the previous meeting; or\nfor a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.\nA copy of the minutes of each local government meeting must be made publicly available by 5p.m. on the tenth day after the meeting is held, unless the minutes are sooner confirmed.\nWhen the minutes of a local government meeting have been confirmed, a copy of the confirmed minutes must be made publicly available, and available for purchase at the local government’s public office, as soon as practicable after the meeting at which the minutes are confirmed is held.\nThe price for purchasing a copy of the minutes of a local government meeting must not be more than the total of—\nthe cost to the local government of having the copy printed and made available for purchase; and\nif the copy is supplied to a purchaser by post—the cost of postage.\nIn this section—\nrelevant report , for a local government meeting, means a report or other document—\ndirectly relevant to a matter considered or voted on at the meeting; or\npresented at the meeting for the consideration or information of the local government or committee.\na video or recording, or a transcript of the video or recording, watched or listened to by councillors at a local government meeting before making a decision\na chart, diagram, spreadsheet or picture considered at a local government meeting\na copy of an auditor-general’s observation report presented at a meeting of the local government under section 213 (3)\na petition or media release presented at a local government meeting\ns 254F ins 2020 SL No. 156 s 47\n(sec.254F-ssec.1) The chief executive officer must ensure minutes of each local government meeting are taken under the supervision of the person presiding at the meeting.\n(sec.254F-ssec.2) Minutes of each local government meeting must include— the names of councillors or committee members present at the meeting; and if a division is called on a question—the names of all persons voting on the question and how they voted; and each relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the local government.\n(sec.254F-ssec.3) However, the minutes of a local government meeting need not include a relevant report if the relevant report has been made publicly available under section 254D .\n(sec.254F-ssec.4) At each local government meeting, the minutes of the previous meeting must be confirmed by the councillors or committee members present.\n(sec.254F-ssec.5) A councillor or committee member present at a local government meeting may vote to confirm the minutes of the previous meeting even if— the councillor or member was not present at the previous meeting; or for a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.\n(sec.254F-ssec.6) A copy of the minutes of each local government meeting must be made publicly available by 5p.m. on the tenth day after the meeting is held, unless the minutes are sooner confirmed.\n(sec.254F-ssec.7) When the minutes of a local government meeting have been confirmed, a copy of the confirmed minutes must be made publicly available, and available for purchase at the local government’s public office, as soon as practicable after the meeting at which the minutes are confirmed is held.\n(sec.254F-ssec.8) The price for purchasing a copy of the minutes of a local government meeting must not be more than the total of— the cost to the local government of having the copy printed and made available for purchase; and if the copy is supplied to a purchaser by post—the cost of postage.\n(sec.254F-ssec.9) In this section— relevant report , for a local government meeting, means a report or other document— directly relevant to a matter considered or voted on at the meeting; or presented at the meeting for the consideration or information of the local government or committee. a video or recording, or a transcript of the video or recording, watched or listened to by councillors at a local government meeting before making a decision a chart, diagram, spreadsheet or picture considered at a local government meeting a copy of an auditor-general’s observation report presented at a meeting of the local government under section 213 (3) a petition or media release presented at a local government meeting\n- (a) the names of councillors or committee members present at the meeting; and\n- (b) if a division is called on a question—the names of all persons voting on the question and how they voted; and\n- (c) each relevant report for the meeting, other than to the extent the relevant report contains information that is confidential to the local government.\n- (a) the councillor or member was not present at the previous meeting; or\n- (b) for a councillor—the councillor had a prescribed conflict of interest or declarable conflict of interest in a matter considered, discussed or voted on at the previous meeting.\n- (a) the cost to the local government of having the copy printed and made available for purchase; and\n- (b) if the copy is supplied to a purchaser by post—the cost of postage.\n- (a) directly relevant to a matter considered or voted on at the meeting; or\n- (b) presented at the meeting for the consideration or information of the local government or committee.\n- • a video or recording, or a transcript of the video or recording, watched or listened to by councillors at a local government meeting before making a decision\n- • a chart, diagram, spreadsheet or picture considered at a local government meeting\n- • a copy of an auditor-general’s observation report presented at a meeting of the local government under section 213 (3)\n- • a petition or media release presented at a local government meeting","sortOrder":372},{"sectionNumber":"sec.254G","sectionType":"section","heading":"Advisory committees exempted from taking minutes","content":"### sec.254G Advisory committees exempted from taking minutes\n\nA local government may, by resolution, exempt an advisory committee from the requirement to take minutes of its proceedings.\nIf a local government exempts an advisory committee under subsection (1) —\nsection 254F does not apply to the committee; and\nthe committee must give the local government a written report of the committee’s deliberations and its advice or recommendations; and\nfor section 150FA (2) or (4) of the Act , the way prescribed is by including the information in a written statement given to the local government.\ns 254G ins 2020 SL No. 156 s 47\n(sec.254G-ssec.1) A local government may, by resolution, exempt an advisory committee from the requirement to take minutes of its proceedings.\n(sec.254G-ssec.2) If a local government exempts an advisory committee under subsection (1) — section 254F does not apply to the committee; and the committee must give the local government a written report of the committee’s deliberations and its advice or recommendations; and for section 150FA (2) or (4) of the Act , the way prescribed is by including the information in a written statement given to the local government.\n- (a) section 254F does not apply to the committee; and\n- (b) the committee must give the local government a written report of the committee’s deliberations and its advice or recommendations; and\n- (c) for section 150FA (2) or (4) of the Act , the way prescribed is by including the information in a written statement given to the local government.","sortOrder":373},{"sectionNumber":"sec.254H","sectionType":"section","heading":"Recording of reasons for particular decisions","content":"### sec.254H Recording of reasons for particular decisions\n\nThis section applies if a decision made at a local government meeting is inconsistent with a recommendation or advice given to the local government by an advisor of the local government and either or both of the following apply to the decision—\nthe decision is about entering into a contract the total value of which is more than the greater of the following—\n$200,000 exclusive of GST;\n1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report;\nthe decision is inconsistent with a policy of the local government, or the approach ordinarily followed by the local government for the type of decision.\nthe grant of a licence, permit or approval, however named, under an Act or local law\nthe grant of a concession, rebate or waiver in relation to an amount owed to the local government\nthe disposal of land or a non-current asset\nAlso, this section applies if a decision is made at a local government meeting about a conduct breach under section 150AG of the Act that is inconsistent with a recommendation made by the entity who conducted the investigation into the conduct.\nThe chief executive officer must ensure the minutes of the local government meeting include a statement of the reasons for not adopting the recommendation or advice.\nIn this section—\nadvisor , of a local government, means a person—\nwho is an employee of the local government or is otherwise engaged to provide services to the local government; and\nwhose duties include giving a recommendation or advice.\ns 254H ins 2020 SL No. 156 s 47\namd 2023 Act No. 30 s 108\n(sec.254H-ssec.1) This section applies if a decision made at a local government meeting is inconsistent with a recommendation or advice given to the local government by an advisor of the local government and either or both of the following apply to the decision— the decision is about entering into a contract the total value of which is more than the greater of the following— $200,000 exclusive of GST; 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report; the decision is inconsistent with a policy of the local government, or the approach ordinarily followed by the local government for the type of decision. the grant of a licence, permit or approval, however named, under an Act or local law the grant of a concession, rebate or waiver in relation to an amount owed to the local government the disposal of land or a non-current asset\n(sec.254H-ssec.2) Also, this section applies if a decision is made at a local government meeting about a conduct breach under section 150AG of the Act that is inconsistent with a recommendation made by the entity who conducted the investigation into the conduct.\n(sec.254H-ssec.3) The chief executive officer must ensure the minutes of the local government meeting include a statement of the reasons for not adopting the recommendation or advice.\n(sec.254H-ssec.4) In this section— advisor , of a local government, means a person— who is an employee of the local government or is otherwise engaged to provide services to the local government; and whose duties include giving a recommendation or advice.\n- (a) the decision is about entering into a contract the total value of which is more than the greater of the following— (i) $200,000 exclusive of GST; (ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report;\n- (i) $200,000 exclusive of GST;\n- (ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report;\n- (b) the decision is inconsistent with a policy of the local government, or the approach ordinarily followed by the local government for the type of decision.\n- (i) $200,000 exclusive of GST;\n- (ii) 1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report;\n- • the grant of a licence, permit or approval, however named, under an Act or local law\n- • the grant of a concession, rebate or waiver in relation to an amount owed to the local government\n- • the disposal of land or a non-current asset\n- (a) who is an employee of the local government or is otherwise engaged to provide services to the local government; and\n- (b) whose duties include giving a recommendation or advice.","sortOrder":374},{"sectionNumber":"sec.254I","sectionType":"section","heading":"Meetings in public unless otherwise resolved","content":"### sec.254I Meetings in public unless otherwise resolved\n\nA local government meeting is open to the public unless the local government or committee has resolved that the meeting is to be closed under section 254J .\ns 254I ins 2020 SL No. 156 s 47","sortOrder":375},{"sectionNumber":"sec.254J","sectionType":"section","heading":"Closed meetings","content":"### sec.254J Closed meetings\n\nA local government may resolve that all or part of a meeting of the local government be closed to the public.\nA committee of a local government may resolve that all or part of a meeting of the committee be closed to the public.\nHowever, a local government or a committee of a local government may make a resolution about a local government meeting under subsection (1) or (2) only if its councillors or members consider it necessary to close the meeting to discuss one or more of the following matters—\nthe appointment, discipline or dismissal of the chief executive officer;\nindustrial matters affecting employees;\nthe local government’s budget;\nrating concessions;\nlegal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government;\nmatters that may directly affect the health and safety of an individual or a group of individuals;\nnegotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government;\nnegotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967 ;\na matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State;\nan investigation report given to the local government under chapter 5A , part 3 , division 5 of the Act .\nHowever, a local government or a committee of a local government must not resolve that a part of a local government meeting at which a decision mentioned in section 150ER (2) , 150ES (3) or 150EU (2) of the Act will be considered, discussed, voted on or made be closed.\nA resolution that a local government meeting be closed must—\nstate the matter mentioned in subsection (3) that is to be discussed; and\ninclude an overview of what is to be discussed while the meeting is closed.\nA local government or a committee of a local government must not make a resolution (other than a procedural resolution) in a local government meeting, or a part of a local government meeting, that is closed.\ns 254J ins 2020 SL No. 156 s 47\namd 2023 Act No. 30 s 109\n(sec.254J-ssec.1) A local government may resolve that all or part of a meeting of the local government be closed to the public.\n(sec.254J-ssec.2) A committee of a local government may resolve that all or part of a meeting of the committee be closed to the public.\n(sec.254J-ssec.3) However, a local government or a committee of a local government may make a resolution about a local government meeting under subsection (1) or (2) only if its councillors or members consider it necessary to close the meeting to discuss one or more of the following matters— the appointment, discipline or dismissal of the chief executive officer; industrial matters affecting employees; the local government’s budget; rating concessions; legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government; matters that may directly affect the health and safety of an individual or a group of individuals; negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government; negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967 ; a matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State; an investigation report given to the local government under chapter 5A , part 3 , division 5 of the Act .\n(sec.254J-ssec.4) However, a local government or a committee of a local government must not resolve that a part of a local government meeting at which a decision mentioned in section 150ER (2) , 150ES (3) or 150EU (2) of the Act will be considered, discussed, voted on or made be closed.\n(sec.254J-ssec.5) A resolution that a local government meeting be closed must— state the matter mentioned in subsection (3) that is to be discussed; and include an overview of what is to be discussed while the meeting is closed.\n(sec.254J-ssec.6) A local government or a committee of a local government must not make a resolution (other than a procedural resolution) in a local government meeting, or a part of a local government meeting, that is closed.\n- (a) the appointment, discipline or dismissal of the chief executive officer;\n- (b) industrial matters affecting employees;\n- (c) the local government’s budget;\n- (d) rating concessions;\n- (e) legal advice obtained by the local government or legal proceedings involving the local government including, for example, legal proceedings that may be taken by or against the local government;\n- (f) matters that may directly affect the health and safety of an individual or a group of individuals;\n- (g) negotiations relating to a commercial matter involving the local government for which a public discussion would be likely to prejudice the interests of the local government;\n- (h) negotiations relating to the taking of land by the local government under the Acquisition of Land Act 1967 ;\n- (i) a matter the local government is required to keep confidential under a law of, or formal arrangement with, the Commonwealth or a State;\n- (j) an investigation report given to the local government under chapter 5A , part 3 , division 5 of the Act .\n- (a) state the matter mentioned in subsection (3) that is to be discussed; and\n- (b) include an overview of what is to be discussed while the meeting is closed.","sortOrder":376},{"sectionNumber":"sec.254K","sectionType":"section","heading":"Participating in meetings by audio link or audio visual link","content":"### sec.254K Participating in meetings by audio link or audio visual link\n\nA local government may allow a person to take part in a meeting of the local government by audio link or audio visual link.\nA committee of a local government may allow a person to take part in a meeting of the committee by audio link or audio visual link.\nA councillor or committee member who takes part in a local government meeting under subsection (1) or (2) is taken to be present at the meeting if the councillor or member was simultaneously in audio contact with each other person at the meeting.\nIn this section—\naudio link see the Evidence Act 1977 , section 39C .\naudio visual link see the Evidence Act 1977 , schedule 3 .\ns 254K ins 2020 SL No. 156 s 47\n(sec.254K-ssec.1) A local government may allow a person to take part in a meeting of the local government by audio link or audio visual link.\n(sec.254K-ssec.2) A committee of a local government may allow a person to take part in a meeting of the committee by audio link or audio visual link.\n(sec.254K-ssec.3) A councillor or committee member who takes part in a local government meeting under subsection (1) or (2) is taken to be present at the meeting if the councillor or member was simultaneously in audio contact with each other person at the meeting.\n(sec.254K-ssec.4) In this section— audio link see the Evidence Act 1977 , section 39C . audio visual link see the Evidence Act 1977 , schedule 3 .","sortOrder":377},{"sectionNumber":"ch.8-pt.2-div.1","sectionType":"division","heading":"Requirements for meetings of a local government","content":"## Requirements for meetings of a local government","sortOrder":378},{"sectionNumber":"sec.255","sectionType":"section","heading":"What this division is about","content":"### sec.255 What this division is about\n\nThis division is about the meetings of a local government (other than meetings of its committees).\ns 255 amd 2020 SL No. 156 s 49","sortOrder":379},{"sectionNumber":"sec.256","sectionType":"section","heading":"Agenda of post-election meetings","content":"### sec.256 Agenda of post-election meetings\n\nThe matters a local government must consider at a post-election meeting include the day and time for holding other meetings.\nA post-election meeting is the meeting mentioned in section 175 (1) of the Act .\n(sec.256-ssec.1) The matters a local government must consider at a post-election meeting include the day and time for holding other meetings.\n(sec.256-ssec.2) A post-election meeting is the meeting mentioned in section 175 (1) of the Act .","sortOrder":380},{"sectionNumber":"sec.257","sectionType":"section","heading":"Frequency and place of meetings","content":"### sec.257 Frequency and place of meetings\n\nA local government must meet at least once in each month.\nHowever, the local government need not meet in a particular month if the local government considers it would be impracticable or unnecessary to do so.\nthe local government considers meeting in a month in which a disease outbreak or severe weather event happens in the local government’s area would be impracticable\nthe local government considers meeting in a month in the caretaker period for the local government would be unnecessary\nAll meetings of a local government are to be held—\nat 1 of the local government’s public offices; or\nfor a particular meeting—at another place fixed by the local government, by resolution, for the meeting.\ns 257 amd 2025 SL No. 161 s 26\n(sec.257-ssec.1) A local government must meet at least once in each month.\n(sec.257-ssec.2) However, the local government need not meet in a particular month if the local government considers it would be impracticable or unnecessary to do so. the local government considers meeting in a month in which a disease outbreak or severe weather event happens in the local government’s area would be impracticable the local government considers meeting in a month in the caretaker period for the local government would be unnecessary\n(sec.257-ssec.3) All meetings of a local government are to be held— at 1 of the local government’s public offices; or for a particular meeting—at another place fixed by the local government, by resolution, for the meeting.\n- • the local government considers meeting in a month in which a disease outbreak or severe weather event happens in the local government’s area would be impracticable\n- • the local government considers meeting in a month in the caretaker period for the local government would be unnecessary\n- (a) at 1 of the local government’s public offices; or\n- (b) for a particular meeting—at another place fixed by the local government, by resolution, for the meeting.","sortOrder":381},{"sectionNumber":"sec.258","sectionType":"section","heading":null,"content":"### Section sec.258\n\ns 258 amd 2018 SL No. 201 s 16\nom 2020 SL No. 156 s 50","sortOrder":382},{"sectionNumber":"sec.259","sectionType":"section","heading":"Quorum at meetings","content":"### sec.259 Quorum at meetings\n\nA quorum of a local government is a majority of its councillors.\nHowever, if the number of councillors is an even number, one-half of the number is a quorum.\n(sec.259-ssec.1) A quorum of a local government is a majority of its councillors.\n(sec.259-ssec.2) However, if the number of councillors is an even number, one-half of the number is a quorum.","sortOrder":383},{"sectionNumber":"sec.260","sectionType":"section","heading":null,"content":"### Section sec.260\n\ns 260 om 2020 SL No. 156 s 51","sortOrder":384},{"sectionNumber":"sec.261","sectionType":"section","heading":"Adjournment of meetings","content":"### sec.261 Adjournment of meetings\n\nThe majority of councillors present at a meeting of a local government may adjourn the meeting to a later hour of the same day or to a later day.\nIf a quorum is not present within 15 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by—\na majority of the councillors present; or\nif only 1 councillor is present—the councillor; or\nif no councillors are present—the chief executive officer.\n(sec.261-ssec.1) The majority of councillors present at a meeting of a local government may adjourn the meeting to a later hour of the same day or to a later day.\n(sec.261-ssec.2) If a quorum is not present within 15 minutes after the time appointed for a meeting, the meeting may be adjourned to a later hour or another day within 14 days after the day of adjournment, by— a majority of the councillors present; or if only 1 councillor is present—the councillor; or if no councillors are present—the chief executive officer.\n- (a) a majority of the councillors present; or\n- (b) if only 1 councillor is present—the councillor; or\n- (c) if no councillors are present—the chief executive officer.","sortOrder":385},{"sectionNumber":"sec.262","sectionType":"section","heading":"Repeal or amendment of resolutions","content":"### sec.262 Repeal or amendment of resolutions\n\nA resolution of a local government may be repealed or amended only if notice of intention to propose the repeal or amendment is given to each councillor at least 5 days before the meeting at which the proposal is to be made.\ns 262 amd 2018 SL No. 201 s 17","sortOrder":386},{"sectionNumber":"ch.8-pt.2-div.2","sectionType":"division","heading":"Committees and requirements for committee meetings","content":"## Committees and requirements for committee meetings","sortOrder":387},{"sectionNumber":"sec.263","sectionType":"section","heading":"What this division is about","content":"### sec.263 What this division is about\n\nThis division is about committees of a local government.\nHowever, this division does not apply to an audit committee of a local government.\ns 263 sub 2020 SL No. 156 s 53\n(sec.263-ssec.1) This division is about committees of a local government.\n(sec.263-ssec.2) However, this division does not apply to an audit committee of a local government.","sortOrder":388},{"sectionNumber":"sec.264","sectionType":"section","heading":"Appointment of committees","content":"### sec.264 Appointment of committees\n\nA local government may—\nappoint, from its councillors, standing committees or special committees; and\nappoint advisory committees.\nTwo or more local governments may appoint, from their councillors, a joint standing committee.\n(sec.264-ssec.1) A local government may— appoint, from its councillors, standing committees or special committees; and appoint advisory committees.\n(sec.264-ssec.2) Two or more local governments may appoint, from their councillors, a joint standing committee.\n- (a) appoint, from its councillors, standing committees or special committees; and\n- (b) appoint advisory committees.","sortOrder":389},{"sectionNumber":"sec.265","sectionType":"section","heading":"Advisory committees","content":"### sec.265 Advisory committees\n\nAn advisory committee—\nmust not be appointed as a standing committee; and\nmay include in its members persons who are not councillors.\nA member of an advisory committee (whether or not they are a councillor) may vote on business before the committee.\n(sec.265-ssec.1) An advisory committee— must not be appointed as a standing committee; and may include in its members persons who are not councillors.\n(sec.265-ssec.2) A member of an advisory committee (whether or not they are a councillor) may vote on business before the committee.\n- (a) must not be appointed as a standing committee; and\n- (b) may include in its members persons who are not councillors.","sortOrder":390},{"sectionNumber":"sec.266","sectionType":"section","heading":"Alternate members of committees","content":"### sec.266 Alternate members of committees\n\nA local government that appoints a committee may appoint 1 person as an alternate member of the committee.\nAn alternate member , of a committee, is a person who attends meetings of the committee and acts as a member of the committee only if another member of the committee is absent from the meeting of the committee.\n(sec.266-ssec.1) A local government that appoints a committee may appoint 1 person as an alternate member of the committee.\n(sec.266-ssec.2) An alternate member , of a committee, is a person who attends meetings of the committee and acts as a member of the committee only if another member of the committee is absent from the meeting of the committee.","sortOrder":391},{"sectionNumber":"sec.267","sectionType":"section","heading":"Chairperson of committee","content":"### sec.267 Chairperson of committee\n\nA local government may appoint a chairperson of each committee.\nIf the local government does not appoint a chairperson for a committee, the committee may appoint 1 of its members as chairperson.\nIf the chairperson is not present at a meeting, the members present may appoint a chairperson for the meeting.\n(sec.267-ssec.1) A local government may appoint a chairperson of each committee.\n(sec.267-ssec.2) If the local government does not appoint a chairperson for a committee, the committee may appoint 1 of its members as chairperson.\n(sec.267-ssec.3) If the chairperson is not present at a meeting, the members present may appoint a chairperson for the meeting.","sortOrder":392},{"sectionNumber":"sec.268","sectionType":"section","heading":"Frequency of meetings","content":"### sec.268 Frequency of meetings\n\nMeetings of a committee are held at the times and places decided by the committee.","sortOrder":393},{"sectionNumber":"sec.269","sectionType":"section","heading":"Quorum","content":"### sec.269 Quorum\n\nA quorum of a committee is a majority of its members.\nHowever, if the number of members is an even number, one-half of the number is a quorum.\n(sec.269-ssec.1) A quorum of a committee is a majority of its members.\n(sec.269-ssec.2) However, if the number of members is an even number, one-half of the number is a quorum.","sortOrder":394},{"sectionNumber":"sec.270","sectionType":"section","heading":null,"content":"### Section sec.270\n\ns 270 om 2020 SL No. 156 s 54","sortOrder":395},{"sectionNumber":"ch.8-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":396},{"sectionNumber":"sec.271","sectionType":"section","heading":null,"content":"### Section sec.271\n\ns 271 om 2020 SL No. 156 s 55","sortOrder":397},{"sectionNumber":"sec.272","sectionType":"section","heading":null,"content":"### Section sec.272\n\ns 272 amd 2013 SL No. 10 s 10\nom 2020 SL No. 156 s 55","sortOrder":398},{"sectionNumber":"sec.273","sectionType":"section","heading":null,"content":"### Section sec.273\n\ns 273 om 2020 SL No. 156 s 55","sortOrder":399},{"sectionNumber":"sec.274","sectionType":"section","heading":null,"content":"### Section sec.274\n\ns 274 om 2020 SL No. 156 s 55","sortOrder":400},{"sectionNumber":"sec.275","sectionType":"section","heading":null,"content":"### Section sec.275\n\ns 275 om 2020 SL No. 156 s 55","sortOrder":401},{"sectionNumber":"sec.276","sectionType":"section","heading":null,"content":"### Section sec.276\n\ns 276 om 2020 SL No. 156 s 55","sortOrder":402},{"sectionNumber":"sec.277","sectionType":"section","heading":null,"content":"### Section sec.277\n\ns 277 om 2020 SL No. 156 s 55","sortOrder":403},{"sectionNumber":"ch.8-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":404},{"sectionNumber":"sec.277A","sectionType":"section","heading":null,"content":"### Section sec.277A\n\ns 277A ins 2020 SL No. 42 s 14\namd 2020 SL No. 156 s 56\nexp 30 April 2022 (see s 277F)","sortOrder":405},{"sectionNumber":"sec.277AA","sectionType":"section","heading":null,"content":"### Section sec.277AA\n\ns 277AA ins 2020 SL No. 156 s 57\nexp 30 April 2022 (see s 277F)","sortOrder":406},{"sectionNumber":"sec.277B","sectionType":"section","heading":null,"content":"### Section sec.277B\n\ns 277B ins 2020 SL No. 42 s 14\namd 2020 SL No. 156 s 58\nexp 30 April 2022 (see s 277F)","sortOrder":407},{"sectionNumber":"sec.277C","sectionType":"section","heading":null,"content":"### Section sec.277C\n\ns 277C ins 2020 SL No. 42 s 14\namd 2020 SL No. 156 s 59\nexp 30 April 2022 (see s 277F)","sortOrder":408},{"sectionNumber":"sec.277D","sectionType":"section","heading":null,"content":"### Section sec.277D\n\ns 277D ins 2020 SL No. 42 s 14\namd 2020 SL No. 156 s 60\nexp 30 April 2022 (see s 277F)","sortOrder":409},{"sectionNumber":"sec.277E","sectionType":"section","heading":null,"content":"### Section sec.277E\n\ns 277E ins 2020 SL No. 42 s 14\namd 2020 SL No. 156 s 61\nexp 30 April 2022 (see s 277F)","sortOrder":410},{"sectionNumber":"sec.277F","sectionType":"section","heading":null,"content":"### Section sec.277F\n\ns 277F ins 2020 SL No. 42 s 14\namd 2021 Act No. 8 s 31\nexp 30 April 2022 (see s 277F)","sortOrder":411},{"sectionNumber":"ch.8-pt.2A","sectionType":"part","heading":"Councillor advisors","content":"# Councillor advisors","sortOrder":412},{"sectionNumber":"ch.8-pt.2A-div.1","sectionType":"division","heading":"Particular matters relating to councillor advisors","content":"## Particular matters relating to councillor advisors","sortOrder":413},{"sectionNumber":"sec.277G","sectionType":"section","heading":"Councillor advisors— Act , s 197D","content":"### sec.277G Councillor advisors— Act , s 197D\n\nFor section 197D (1) (a) of the Act , a local government mentioned in schedule 4A , column 1 is prescribed.\nFor section 197D (1) (b) of the Act , the number of councillor advisors prescribed for a councillor of a local government mentioned in schedule 4A , column 1 is the number stated for the councillor in schedule 4A , column 2 opposite the local government.\ns 277G ins 2020 SL No. 156 s 62\n(sec.277G-ssec.1) For section 197D (1) (a) of the Act , a local government mentioned in schedule 4A , column 1 is prescribed.\n(sec.277G-ssec.2) For section 197D (1) (b) of the Act , the number of councillor advisors prescribed for a councillor of a local government mentioned in schedule 4A , column 1 is the number stated for the councillor in schedule 4A , column 2 opposite the local government.","sortOrder":414},{"sectionNumber":"ch.8-pt.2A-div.2","sectionType":"division","heading":"Recommendation of remuneration commission","content":"## Recommendation of remuneration commission","sortOrder":415},{"sectionNumber":"sec.277H","sectionType":"section","heading":"Matters to consider in making recommendation relating to councillor advisors","content":"### sec.277H Matters to consider in making recommendation relating to councillor advisors\n\nThis section applies if the Minister asks the remuneration commission under section 197D (2) of the Act , or the City of Brisbane Act 2010 , section 194C (2) , for its recommendation about the making of a regulation in relation to councillor advisors for a local government.\nThe remuneration commission—\nmust have regard to the following criteria—\nthe size, and geographical and environmental terrain, of the local government area;\nthe population of the local government area, including the area’s demographics, the spread of population serviced by the local government and the extent of the services the local government provides;\nthe remuneration category to which the local government belongs;\nthe financial position of the local government to have councillor advisors; and\nmay have regard to other matters the remuneration commission considers relevant to the effectiveness, efficiency and sustainability of the local government.\ns 277H ins 2020 SL No. 156 s 62\n(sec.277H-ssec.1) This section applies if the Minister asks the remuneration commission under section 197D (2) of the Act , or the City of Brisbane Act 2010 , section 194C (2) , for its recommendation about the making of a regulation in relation to councillor advisors for a local government.\n(sec.277H-ssec.2) The remuneration commission— must have regard to the following criteria— the size, and geographical and environmental terrain, of the local government area; the population of the local government area, including the area’s demographics, the spread of population serviced by the local government and the extent of the services the local government provides; the remuneration category to which the local government belongs; the financial position of the local government to have councillor advisors; and may have regard to other matters the remuneration commission considers relevant to the effectiveness, efficiency and sustainability of the local government.\n- (a) must have regard to the following criteria— (i) the size, and geographical and environmental terrain, of the local government area; (ii) the population of the local government area, including the area’s demographics, the spread of population serviced by the local government and the extent of the services the local government provides; (iii) the remuneration category to which the local government belongs; (iv) the financial position of the local government to have councillor advisors; and\n- (i) the size, and geographical and environmental terrain, of the local government area;\n- (ii) the population of the local government area, including the area’s demographics, the spread of population serviced by the local government and the extent of the services the local government provides;\n- (iii) the remuneration category to which the local government belongs;\n- (iv) the financial position of the local government to have councillor advisors; and\n- (b) may have regard to other matters the remuneration commission considers relevant to the effectiveness, efficiency and sustainability of the local government.\n- (i) the size, and geographical and environmental terrain, of the local government area;\n- (ii) the population of the local government area, including the area’s demographics, the spread of population serviced by the local government and the extent of the services the local government provides;\n- (iii) the remuneration category to which the local government belongs;\n- (iv) the financial position of the local government to have councillor advisors; and","sortOrder":416},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Local government employees","content":"# Local government employees","sortOrder":417},{"sectionNumber":"ch.8-pt.3-div.1","sectionType":"division","heading":"Disciplinary action against local government employees","content":"## Disciplinary action against local government employees","sortOrder":418},{"sectionNumber":"sec.278","sectionType":"section","heading":"What div 1 is about","content":"### sec.278 What div 1 is about\n\nThis division prescribes, for section 197 (2) of the Act , when the chief executive officer may take, and the types of, disciplinary action.","sortOrder":419},{"sectionNumber":"sec.279","sectionType":"section","heading":"When disciplinary action may be taken","content":"### sec.279 When disciplinary action may be taken\n\nThe chief executive officer may take disciplinary action against a local government employee if the chief executive officer is satisfied the employee has—\nfailed to perform their responsibilities under the Act ; or\nfailed to perform a responsibility under the Act in accordance with the local government principles; or\ntaken action under the Act in a way that is not consistent with the local government principles.\n- (a) failed to perform their responsibilities under the Act ; or\n- (b) failed to perform a responsibility under the Act in accordance with the local government principles; or\n- (c) taken action under the Act in a way that is not consistent with the local government principles.","sortOrder":420},{"sectionNumber":"sec.280","sectionType":"section","heading":"Types of disciplinary action","content":"### sec.280 Types of disciplinary action\n\nThe disciplinary action taken by the chief executive officer against a local government employee may be 1 or more of the following—\ndismissal;\ndemotion, including a reduction in remuneration;\na reduction in the classification level of the local government employee’s employment and a corresponding change in the employee’s duties\na reduction in the local government employee’s level of remuneration within the classification level of the employee’s employment\na written reprimand or warning.\nIf the disciplinary action to be taken is dismissal, the dismissal must comply with the requirements that apply in relation to the local government employee under the Industrial Relations Act 1999 , chapter 2A or 3 .\nA written reprimand or warning—\nmust state the following—\nthe employee’s conduct that is disapproved of;\nthe remedial action needed to rectify the conduct;\nthe period within which the remedial action is to be taken;\nthe possible consequences for a repeat of the conduct by the employee; and\nis part of a local government employee’s employment record.\ns 280 amd 2013 SL No. 260 s 20 ; 2024 SL No. 75 s 10\n(sec.280-ssec.1) The disciplinary action taken by the chief executive officer against a local government employee may be 1 or more of the following— dismissal; demotion, including a reduction in remuneration; a reduction in the classification level of the local government employee’s employment and a corresponding change in the employee’s duties a reduction in the local government employee’s level of remuneration within the classification level of the employee’s employment a written reprimand or warning. If the disciplinary action to be taken is dismissal, the dismissal must comply with the requirements that apply in relation to the local government employee under the Industrial Relations Act 1999 , chapter 2A or 3 .\n(sec.280-ssec.2) A written reprimand or warning— must state the following— the employee’s conduct that is disapproved of; the remedial action needed to rectify the conduct; the period within which the remedial action is to be taken; the possible consequences for a repeat of the conduct by the employee; and is part of a local government employee’s employment record.\n- (a) dismissal;\n- (b) demotion, including a reduction in remuneration; Examples of demotion of a local government employee— • a reduction in the classification level of the local government employee’s employment and a corresponding change in the employee’s duties • a reduction in the local government employee’s level of remuneration within the classification level of the employee’s employment\n- • a reduction in the classification level of the local government employee’s employment and a corresponding change in the employee’s duties\n- • a reduction in the local government employee’s level of remuneration within the classification level of the employee’s employment\n- (c) a written reprimand or warning.\n- • a reduction in the classification level of the local government employee’s employment and a corresponding change in the employee’s duties\n- • a reduction in the local government employee’s level of remuneration within the classification level of the employee’s employment\n- (a) must state the following— (i) the employee’s conduct that is disapproved of; (ii) the remedial action needed to rectify the conduct; (iii) the period within which the remedial action is to be taken; (iv) the possible consequences for a repeat of the conduct by the employee; and\n- (i) the employee’s conduct that is disapproved of;\n- (ii) the remedial action needed to rectify the conduct;\n- (iii) the period within which the remedial action is to be taken;\n- (iv) the possible consequences for a repeat of the conduct by the employee; and\n- (b) is part of a local government employee’s employment record.\n- (i) the employee’s conduct that is disapproved of;\n- (ii) the remedial action needed to rectify the conduct;\n- (iii) the period within which the remedial action is to be taken;\n- (iv) the possible consequences for a repeat of the conduct by the employee; and","sortOrder":421},{"sectionNumber":"sec.281","sectionType":"section","heading":null,"content":"### Section sec.281\n\ns 281 om 2024 SL No. 75 s 11","sortOrder":422},{"sectionNumber":"sec.282","sectionType":"section","heading":"Suspension of employees","content":"### sec.282 Suspension of employees\n\nIf the chief executive officer is satisfied, on reasonable grounds, that a local government employee will be subject to disciplinary action, the chief executive officer may suspend the employee from duty.\nSuspension of a local government employee from duty does not affect the following—\nthe continuity of the employee’s service in employment with the local government;\nthe entitlements previously accrued to the employee from employment with the local government;\nthe accrual of entitlements to the employee during the period of suspension.\nA suspended employee must be paid the employee’s full remuneration as at the start of the suspension for the period of suspension.\n(sec.282-ssec.1) If the chief executive officer is satisfied, on reasonable grounds, that a local government employee will be subject to disciplinary action, the chief executive officer may suspend the employee from duty.\n(sec.282-ssec.2) Suspension of a local government employee from duty does not affect the following— the continuity of the employee’s service in employment with the local government; the entitlements previously accrued to the employee from employment with the local government; the accrual of entitlements to the employee during the period of suspension.\n(sec.282-ssec.3) A suspended employee must be paid the employee’s full remuneration as at the start of the suspension for the period of suspension.\n- (a) the continuity of the employee’s service in employment with the local government;\n- (b) the entitlements previously accrued to the employee from employment with the local government;\n- (c) the accrual of entitlements to the employee during the period of suspension.","sortOrder":423},{"sectionNumber":"sec.283","sectionType":"section","heading":"Employee to be given notice of grounds for disciplinary action","content":"### sec.283 Employee to be given notice of grounds for disciplinary action\n\nBefore the chief executive officer takes disciplinary action against a local government employee, the chief executive officer must give the employee—\nnotice of the following—\nthe disciplinary action to be taken;\nthe grounds on which the disciplinary action is taken;\nthe particulars of conduct claimed to support the grounds; and\na reasonable opportunity to respond to the information contained in the notice.\nThe grounds and particulars are taken to be the only grounds and particulars for the disciplinary action taken, and no other ground or particular of conduct can be advanced in any proceeding about the disciplinary action taken against the local government employee.\ns 283 amd 2018 SL No. 201 s 18\n(sec.283-ssec.1) Before the chief executive officer takes disciplinary action against a local government employee, the chief executive officer must give the employee— notice of the following— the disciplinary action to be taken; the grounds on which the disciplinary action is taken; the particulars of conduct claimed to support the grounds; and a reasonable opportunity to respond to the information contained in the notice.\n(sec.283-ssec.2) The grounds and particulars are taken to be the only grounds and particulars for the disciplinary action taken, and no other ground or particular of conduct can be advanced in any proceeding about the disciplinary action taken against the local government employee.\n- (a) notice of the following— (i) the disciplinary action to be taken; (ii) the grounds on which the disciplinary action is taken; (iii) the particulars of conduct claimed to support the grounds; and\n- (i) the disciplinary action to be taken;\n- (ii) the grounds on which the disciplinary action is taken;\n- (iii) the particulars of conduct claimed to support the grounds; and\n- (b) a reasonable opportunity to respond to the information contained in the notice.\n- (i) the disciplinary action to be taken;\n- (ii) the grounds on which the disciplinary action is taken;\n- (iii) the particulars of conduct claimed to support the grounds; and","sortOrder":424},{"sectionNumber":"ch.8-pt.3-div.2","sectionType":"division","heading":"Portability of long service leave","content":"## Portability of long service leave","sortOrder":425},{"sectionNumber":"sec.284","sectionType":"section","heading":"What div 2 is about","content":"### sec.284 What div 2 is about\n\nThis division is about the continuation of particular local government employees’ accrued rights to long service leave and recognition of their previous periods of employment.\nSee the City of Brisbane Regulation 2012 , chapter 8 , part 3 , division 2 for the provisions that deal with the portability of long service leave where the Brisbane City Council is the new employer or former employer of a local government employee.\nA person’s accrued right to long service leave is the person’s entitlement to take long service leave after having completed a minimum period of employment with an employer.\nThis division applies if—\na person is employed (the new employment ) by a relevant entity (the new employer ); and\nthe person was previously employed (the former employment ) by a relevant entity (the former employer ); and\nthe period between ending the former employment and beginning the new employment is not longer than 1 year; and\nthe person did not receive a payment from the former employer of an amount as a cash equivalent for accrued long service leave.\nHowever, this division does not apply if—\nthe new employer is—\na distributor-retailer; or\na water entity, other than a water entity that is a local government; and\nthe former employer is—\na distributor-retailer; or\na water entity, other than a water entity that is a local government.\nA relevant entity is—\na local government; or\na distributor-retailer; or\na water entity; or\nanother entity that is controlled or owned by a local government.\nA distributor-retailer is a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\nA water entity is a water entity under the South East Queensland Water (Restructuring) Act 2007 .\n(sec.284-ssec.1) This division is about the continuation of particular local government employees’ accrued rights to long service leave and recognition of their previous periods of employment. See the City of Brisbane Regulation 2012 , chapter 8 , part 3 , division 2 for the provisions that deal with the portability of long service leave where the Brisbane City Council is the new employer or former employer of a local government employee.\n(sec.284-ssec.2) A person’s accrued right to long service leave is the person’s entitlement to take long service leave after having completed a minimum period of employment with an employer.\n(sec.284-ssec.3) This division applies if— a person is employed (the new employment ) by a relevant entity (the new employer ); and the person was previously employed (the former employment ) by a relevant entity (the former employer ); and the period between ending the former employment and beginning the new employment is not longer than 1 year; and the person did not receive a payment from the former employer of an amount as a cash equivalent for accrued long service leave.\n(sec.284-ssec.4) However, this division does not apply if— the new employer is— a distributor-retailer; or a water entity, other than a water entity that is a local government; and the former employer is— a distributor-retailer; or a water entity, other than a water entity that is a local government.\n(sec.284-ssec.5) A relevant entity is— a local government; or a distributor-retailer; or a water entity; or another entity that is controlled or owned by a local government.\n(sec.284-ssec.6) A distributor-retailer is a distributor-retailer under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\n(sec.284-ssec.7) A water entity is a water entity under the South East Queensland Water (Restructuring) Act 2007 .\n- (a) a person is employed (the new employment ) by a relevant entity (the new employer ); and\n- (b) the person was previously employed (the former employment ) by a relevant entity (the former employer ); and\n- (c) the period between ending the former employment and beginning the new employment is not longer than 1 year; and\n- (d) the person did not receive a payment from the former employer of an amount as a cash equivalent for accrued long service leave.\n- (a) the new employer is— (i) a distributor-retailer; or (ii) a water entity, other than a water entity that is a local government; and\n- (i) a distributor-retailer; or\n- (ii) a water entity, other than a water entity that is a local government; and\n- (b) the former employer is— (i) a distributor-retailer; or (ii) a water entity, other than a water entity that is a local government.\n- (i) a distributor-retailer; or\n- (ii) a water entity, other than a water entity that is a local government.\n- (i) a distributor-retailer; or\n- (ii) a water entity, other than a water entity that is a local government; and\n- (i) a distributor-retailer; or\n- (ii) a water entity, other than a water entity that is a local government.\n- (a) a local government; or\n- (b) a distributor-retailer; or\n- (c) a water entity; or\n- (d) another entity that is controlled or owned by a local government.","sortOrder":426},{"sectionNumber":"sec.285","sectionType":"section","heading":"Continuation of particular local government employees’ accrued rights to long service leave","content":"### sec.285 Continuation of particular local government employees’ accrued rights to long service leave\n\nThe person’s accrued right to long service leave, in relation to the former employment, is continued, in relation to the new employment, as an accrued right to long service leave as an employee of the new employer.\nFrom the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person, at the end of the former employment.\nIf a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer.\nHowever, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this division applies.\n(sec.285-ssec.1) The person’s accrued right to long service leave, in relation to the former employment, is continued, in relation to the new employment, as an accrued right to long service leave as an employee of the new employer.\n(sec.285-ssec.2) From the start of the new employment, the new employer has the same obligations in relation to the person’s accrued right to long service leave as the former employer had in relation to the person, at the end of the former employment. If a person was entitled to take 11 weeks long service leave at the time the former employment ended, the person continues to be entitled to take 11 weeks long service leave after the start of the new employment. The entitlement would not be subject to completing any further period of employment with the new employer.\n(sec.285-ssec.3) However, after the start of the new employment, the person continues to accrue rights to long service leave only under the same conditions as an employee of the new employer who is not a person to whom this division applies.","sortOrder":427},{"sectionNumber":"sec.286","sectionType":"section","heading":"Recognition of previous periods of employment for particular local government employees","content":"### sec.286 Recognition of previous periods of employment for particular local government employees\n\nThis section applies when determining the person’s accrued right to long service leave in relation to the new employer.\nThe person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer.\nA person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer.\n(sec.286-ssec.1) This section applies when determining the person’s accrued right to long service leave in relation to the new employer.\n(sec.286-ssec.2) The person’s period of employment with the former employer, in addition to the person’s period of employment with the new employer, is taken to be the person’s period of employment with the new employer. A person is taken to have completed a period of employment of 10 years with a new employer if the person completed a period of employment of 6 years with a former employer and a period of employment of 4 years with the new employer.","sortOrder":428},{"sectionNumber":"sec.287","sectionType":"section","heading":"Payment by former employer to new employer towards long service leave entitlements accrued with former employer","content":"### sec.287 Payment by former employer to new employer towards long service leave entitlements accrued with former employer\n\nThe former employer must, when the person’s entitlement has accrued, pay the new employer an amount for the number of days of long service leave that the person is entitled to take because of the person’s period of employment with the former employer.\nAfter a period of employment of 3 years with council A a person becomes an employee of council B. Council A must, when the entitlement has accrued, pay to council B an amount for the 3 years of long service leave that the person is entitled to for their employment with council A.\nThe amount—\nis the amount the former employer would have been required to pay the person if the person had taken the long service leave; and\nmust be paid within a reasonable time of being requested by the new employer.\nA former employer must provide the new employer with the following information relating to the person—\nthe length of accrued long service leave;\nany special leave taken by the person without salary;\nany long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave;\nany undertaking given in relation to long service leave.\ns 287 amd 2013 SL No. 273 s 28\n(sec.287-ssec.1) The former employer must, when the person’s entitlement has accrued, pay the new employer an amount for the number of days of long service leave that the person is entitled to take because of the person’s period of employment with the former employer. After a period of employment of 3 years with council A a person becomes an employee of council B. Council A must, when the entitlement has accrued, pay to council B an amount for the 3 years of long service leave that the person is entitled to for their employment with council A.\n(sec.287-ssec.2) The amount— is the amount the former employer would have been required to pay the person if the person had taken the long service leave; and must be paid within a reasonable time of being requested by the new employer.\n(sec.287-ssec.3) A former employer must provide the new employer with the following information relating to the person— the length of accrued long service leave; any special leave taken by the person without salary; any long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave; any undertaking given in relation to long service leave.\n- (a) is the amount the former employer would have been required to pay the person if the person had taken the long service leave; and\n- (b) must be paid within a reasonable time of being requested by the new employer.\n- (a) the length of accrued long service leave;\n- (b) any special leave taken by the person without salary;\n- (c) any long service leave taken by the person or any amount of cash paid to the person in lieu of long service leave;\n- (d) any undertaking given in relation to long service leave.","sortOrder":429},{"sectionNumber":"ch.8-pt.4","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":430},{"sectionNumber":"sec.288","sectionType":"section","heading":"Who may be appointed as authorised persons— Act , s 202","content":"### sec.288 Who may be appointed as authorised persons— Act , s 202\n\nFor section 202 (2) (b) (ii) of the Act , each of the following types of persons are prescribed—\na person who contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act;\na person who is an employee of an entity that contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act;\na person who is an employee of another local government and who performs duties for the relevant local government under an arrangement between the relevant local government and the other local government.\nThe relevant local government is the local government that employs the chief executive officer.\n(sec.288-ssec.1) For section 202 (2) (b) (ii) of the Act , each of the following types of persons are prescribed— a person who contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act; a person who is an employee of an entity that contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act; a person who is an employee of another local government and who performs duties for the relevant local government under an arrangement between the relevant local government and the other local government.\n(sec.288-ssec.2) The relevant local government is the local government that employs the chief executive officer.\n- (a) a person who contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act;\n- (b) a person who is an employee of an entity that contracts with the relevant local government to provide services to it for the administration or enforcement of a Local Government Act;\n- (c) a person who is an employee of another local government and who performs duties for the relevant local government under an arrangement between the relevant local government and the other local government.","sortOrder":431},{"sectionNumber":"ch.8-pt.5","sectionType":"part","heading":"Register of interests","content":"# Register of interests","sortOrder":432},{"sectionNumber":"sec.289","sectionType":"section","heading":"What this part is about","content":"### sec.289 What this part is about\n\nThis part is about the register of interests of the following persons—\na councillor;\na chief executive officer;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\nA person is related to a councillor, chief executive officer, councillor advisor or senior executive employee (the primary party ) if—\nthe person is the primary party’s spouse; or\nthe person is totally or substantially dependent on the primary party and—\nthe person is the primary party’s child; or\nthe person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\ns 289 amd 2020 SL No. 156 s 63\n(sec.289-ssec.1) This part is about the register of interests of the following persons— a councillor; a chief executive officer; a councillor advisor; a senior executive employee; a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n(sec.289-ssec.2) A person is related to a councillor, chief executive officer, councillor advisor or senior executive employee (the primary party ) if— the person is the primary party’s spouse; or the person is totally or substantially dependent on the primary party and— the person is the primary party’s child; or the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\n- (a) a councillor;\n- (b) a chief executive officer;\n- (c) a councillor advisor;\n- (d) a senior executive employee;\n- (e) a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n- (a) the person is the primary party’s spouse; or\n- (b) the person is totally or substantially dependent on the primary party and— (i) the person is the primary party’s child; or (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\n- (i) the person is the primary party’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.\n- (i) the person is the primary party’s child; or\n- (ii) the person’s affairs are so closely connected with the affairs of the primary party that a benefit derived by the person, or a substantial part of it, could pass to the primary party.","sortOrder":433},{"sectionNumber":"sec.290","sectionType":"section","heading":"Who maintains registers of interests","content":"### sec.290 Who maintains registers of interests\n\nThe chief executive officer must maintain a register of interests of the following persons—\na councillor;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, councillor advisor or senior executive employee.\nThe mayor must maintain a register of interests of the following persons—\nthe chief executive officer;\na person who is related to the chief executive officer.\ns 290 amd 2020 SL No. 156 s 64\n(sec.290-ssec.1) The chief executive officer must maintain a register of interests of the following persons— a councillor; a councillor advisor; a senior executive employee; a person who is related to a councillor, councillor advisor or senior executive employee.\n(sec.290-ssec.2) The mayor must maintain a register of interests of the following persons— the chief executive officer; a person who is related to the chief executive officer.\n- (a) a councillor;\n- (b) a councillor advisor;\n- (c) a senior executive employee;\n- (d) a person who is related to a councillor, councillor advisor or senior executive employee.\n- (a) the chief executive officer;\n- (b) a person who is related to the chief executive officer.","sortOrder":434},{"sectionNumber":"sec.291","sectionType":"section","heading":"Contents of registers of interests","content":"### sec.291 Contents of registers of interests\n\nA register of interests consists of the forms or other documents used to inform the person required to maintain the register under section 290 about an interest that must be recorded in the register under subsection (2) .\nThe register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 5 for an interest held by the person—\na councillor;\na chief executive officer;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\nHowever, the register of interests of a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee need not include any interest that is—\nheld jointly, or in common, with the councillor, chief executive officer, councillor advisor or senior executive employee; and\nincluded in the register of interests of the councillor, chief executive officer, councillor advisor or senior executive employee.\nNothing in subsection (2) requires a register of interests to include any of the following—\nthe number or monetary value of shares;\nthe monetary value of an investment or interest;\nthe full street address of land;\nthe amount of a liability, donation or other income;\nthe account number of, or amounts held in, accounts held with a financial institution;\nthe monetary value of accommodation, an asset, a gift or travel.\nTo remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person.\ns 291 amd 2013 SL No. 86 s 8 ; 2020 SL No. 156 s 65\n(sec.291-ssec.1) A register of interests consists of the forms or other documents used to inform the person required to maintain the register under section 290 about an interest that must be recorded in the register under subsection (2) .\n(sec.291-ssec.2) The register of interests of each of the following persons must contain the financial and non-financial particulars mentioned in schedule 5 for an interest held by the person— a councillor; a chief executive officer; a councillor advisor; a senior executive employee; a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n(sec.291-ssec.3) However, the register of interests of a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee need not include any interest that is— held jointly, or in common, with the councillor, chief executive officer, councillor advisor or senior executive employee; and included in the register of interests of the councillor, chief executive officer, councillor advisor or senior executive employee.\n(sec.291-ssec.4) Nothing in subsection (2) requires a register of interests to include any of the following— the number or monetary value of shares; the monetary value of an investment or interest; the full street address of land; the amount of a liability, donation or other income; the account number of, or amounts held in, accounts held with a financial institution; the monetary value of accommodation, an asset, a gift or travel.\n(sec.291-ssec.5) To remove any doubt, it is declared that a person holds an interest if the person holds the interest alone or jointly, or in common, with another person.\n- (a) a councillor;\n- (b) a chief executive officer;\n- (c) a councillor advisor;\n- (d) a senior executive employee;\n- (e) a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n- (a) held jointly, or in common, with the councillor, chief executive officer, councillor advisor or senior executive employee; and\n- (b) included in the register of interests of the councillor, chief executive officer, councillor advisor or senior executive employee.\n- (a) the number or monetary value of shares;\n- (b) the monetary value of an investment or interest;\n- (c) the full street address of land;\n- (d) the amount of a liability, donation or other income;\n- (e) the account number of, or amounts held in, accounts held with a financial institution;\n- (f) the monetary value of accommodation, an asset, a gift or travel.","sortOrder":435},{"sectionNumber":"sec.292","sectionType":"section","heading":"Obligation of chief executive officer and senior executive employees to correct register of interests","content":"### sec.292 Obligation of chief executive officer and senior executive employees to correct register of interests\n\nSubsection (2) applies if the chief executive officer knows—\nof an interest that must be recorded in a register of interests under section 291 in relation to the chief executive officer or a person who is related to the chief executive officer; or\nthat particulars of an interest recorded in a register under section 291 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.\nThe chief executive officer must, in the approved form, inform the mayor of the interest or the correct particulars within 30 days after the chief executive officer knows of the interest or correct particulars.\nMaximum penalty—85 penalty units.\nSubsection (4) applies if a senior executive employee knows—\nof an interest that must be recorded in a register of interests under section 291 in relation to the employee or a person who is related to the employee; or\nthat particulars of an interest recorded in a register under section 291 in relation to the employee or a person who is related to the employee are no longer correct.\nThe senior executive employee must, in the approved form, inform the chief executive officer of the interest or the correct particulars within 30 days after the employee knows of the interest or correct particulars.\nMaximum penalty—85 penalty units.\nSee sections 201A to  201C of the Act for the obligations of a councillor or councillor advisor in relation to a register of interest.\ns 292 amd 2013 Act No. 60 s 33 sch 1 ; 2020 SL No. 156 s 66\n(sec.292-ssec.1) Subsection (2) applies if the chief executive officer knows— of an interest that must be recorded in a register of interests under section 291 in relation to the chief executive officer or a person who is related to the chief executive officer; or that particulars of an interest recorded in a register under section 291 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.\n(sec.292-ssec.2) The chief executive officer must, in the approved form, inform the mayor of the interest or the correct particulars within 30 days after the chief executive officer knows of the interest or correct particulars. Maximum penalty—85 penalty units.\n(sec.292-ssec.3) Subsection (4) applies if a senior executive employee knows— of an interest that must be recorded in a register of interests under section 291 in relation to the employee or a person who is related to the employee; or that particulars of an interest recorded in a register under section 291 in relation to the employee or a person who is related to the employee are no longer correct.\n(sec.292-ssec.4) The senior executive employee must, in the approved form, inform the chief executive officer of the interest or the correct particulars within 30 days after the employee knows of the interest or correct particulars. Maximum penalty—85 penalty units. See sections 201A to  201C of the Act for the obligations of a councillor or councillor advisor in relation to a register of interest.\n- (a) of an interest that must be recorded in a register of interests under section 291 in relation to the chief executive officer or a person who is related to the chief executive officer; or\n- (b) that particulars of an interest recorded in a register under section 291 in relation to the chief executive officer or a person who is related to the chief executive officer are no longer correct.\n- (a) of an interest that must be recorded in a register of interests under section 291 in relation to the employee or a person who is related to the employee; or\n- (b) that particulars of an interest recorded in a register under section 291 in relation to the employee or a person who is related to the employee are no longer correct.","sortOrder":436},{"sectionNumber":"sec.293","sectionType":"section","heading":"Who may inspect a register of interests","content":"### sec.293 Who may inspect a register of interests\n\nA register of interests of a councillor may be inspected by the public.\nSubsection (3) applies to a register of interests of—\na chief executive officer; or\na councillor advisor; or\na senior executive employee; or\na person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\nThe register of interests is only open to inspection by the following persons—\na councillor;\nthe chief executive officer;\nanother person permitted by law to have access to information in the register.\nTo remove any doubt, it is declared that subsection (3) does not operate to allow a councillor or chief executive officer of one local government to inspect a register of interests of another local government.\ns 293 amd 2020 SL No. 156 s 67\n(sec.293-ssec.1) A register of interests of a councillor may be inspected by the public.\n(sec.293-ssec.2) Subsection (3) applies to a register of interests of— a chief executive officer; or a councillor advisor; or a senior executive employee; or a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n(sec.293-ssec.3) The register of interests is only open to inspection by the following persons— a councillor; the chief executive officer; another person permitted by law to have access to information in the register.\n(sec.293-ssec.4) To remove any doubt, it is declared that subsection (3) does not operate to allow a councillor or chief executive officer of one local government to inspect a register of interests of another local government.\n- (a) a chief executive officer; or\n- (b) a councillor advisor; or\n- (c) a senior executive employee; or\n- (d) a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n- (a) a councillor;\n- (b) the chief executive officer;\n- (c) another person permitted by law to have access to information in the register.","sortOrder":437},{"sectionNumber":"sec.294","sectionType":"section","heading":"Access to particular registers of interests","content":"### sec.294 Access to particular registers of interests\n\nThis section applies to the register of interests of—\na chief executive officer; or\na councillor advisor; or\na senior executive employee; or\na person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\nA person seeking access to the register of interests must apply in writing to—\nfor the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\notherwise—the chief executive officer.\nThe chief executive officer or mayor must record—\nthe name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and\nthe day the access is given.\nIf the chief executive officer or mayor gives access to a register of interests, the chief executive officer or mayor must, as soon as practicable, inform the person to whom the register of interests relates of the day the access was given.\ns 294 amd 2020 SL No. 156 s 68\n(sec.294-ssec.1) This section applies to the register of interests of— a chief executive officer; or a councillor advisor; or a senior executive employee; or a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n(sec.294-ssec.2) A person seeking access to the register of interests must apply in writing to— for the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or otherwise—the chief executive officer.\n(sec.294-ssec.3) The chief executive officer or mayor must record— the name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and the day the access is given.\n(sec.294-ssec.4) If the chief executive officer or mayor gives access to a register of interests, the chief executive officer or mayor must, as soon as practicable, inform the person to whom the register of interests relates of the day the access was given.\n- (a) a chief executive officer; or\n- (b) a councillor advisor; or\n- (c) a senior executive employee; or\n- (d) a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\n- (a) for the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\n- (b) otherwise—the chief executive officer.\n- (a) the name and home or business address of each person given access to a register of interests by the chief executive officer or mayor; and\n- (b) the day the access is given.","sortOrder":438},{"sectionNumber":"sec.295","sectionType":"section","heading":"Making available particular registers of interests and extracts of those registers","content":"### sec.295 Making available particular registers of interests and extracts of those registers\n\nA local government must make a copy of the register of interests of each councillor available for inspection at the local government’s public office\nAlso, the local government must make an extract of the register of interests of each councillor available for inspection on the local government’s website.\nThe extract of the register of interests must show the particulars mentioned in schedule 5 —\nfor each interest mentioned in schedule 5A , column 1 held by the councillor; and\nfor the period mentioned in schedule 5A , column 2 opposite the interest.\nIf the register of interests for a councillor changes, the copy and extract of the register must be amended to reflect the change as soon as practicable, but no later than 5 business days, after the change happens.\ns 295 amd 2020 SL No. 156 s 69\nsub 2020 SL No. 244 s 47\n(sec.295-ssec.1) A local government must make a copy of the register of interests of each councillor available for inspection at the local government’s public office\n(sec.295-ssec.2) Also, the local government must make an extract of the register of interests of each councillor available for inspection on the local government’s website.\n(sec.295-ssec.3) The extract of the register of interests must show the particulars mentioned in schedule 5 — for each interest mentioned in schedule 5A , column 1 held by the councillor; and for the period mentioned in schedule 5A , column 2 opposite the interest.\n(sec.295-ssec.4) If the register of interests for a councillor changes, the copy and extract of the register must be amended to reflect the change as soon as practicable, but no later than 5 business days, after the change happens.\n- (a) for each interest mentioned in schedule 5A , column 1 held by the councillor; and\n- (b) for the period mentioned in schedule 5A , column 2 opposite the interest.","sortOrder":439},{"sectionNumber":"sec.296","sectionType":"section","heading":"Queries on contents of register of interests","content":"### sec.296 Queries on contents of register of interests\n\nA person who suspects on reasonable grounds that a register of interests does not contain particulars that should be in the register may inform—\nif the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\notherwise—the chief executive officer.\nThe chief executive officer or mayor must immediately inform the following person (the informed person )—\nif the register of interests relates to a councillor or a person who is related to a councillor—the councillor;\nif the register of interests relates to the mayor or a person who is related to the mayor—the mayor;\nif the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer;\nif the register of interests relates to a councillor advisor or a person who is related to a councillor advisor—the councillor advisor;\nif the register of interests relates to a senior executive employee or a person who is related to the senior executive employee—the senior executive employee.\nThe informed person must, within 30 days of being informed, establish whether the register of interests should be amended to make it a true record of fact.\nIf the informed person establishes that the register of interests does not need to be amended, the person must—\ncomplete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and\ngive the statutory declaration to—\nif the informed person is the chief executive officer—the mayor; or\notherwise—the chief executive officer.\ns 296 amd 2020 SL No. 156 s 70\n(sec.296-ssec.1) A person who suspects on reasonable grounds that a register of interests does not contain particulars that should be in the register may inform— if the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or otherwise—the chief executive officer.\n(sec.296-ssec.2) The chief executive officer or mayor must immediately inform the following person (the informed person )— if the register of interests relates to a councillor or a person who is related to a councillor—the councillor; if the register of interests relates to the mayor or a person who is related to the mayor—the mayor; if the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer; if the register of interests relates to a councillor advisor or a person who is related to a councillor advisor—the councillor advisor; if the register of interests relates to a senior executive employee or a person who is related to the senior executive employee—the senior executive employee.\n(sec.296-ssec.3) The informed person must, within 30 days of being informed, establish whether the register of interests should be amended to make it a true record of fact.\n(sec.296-ssec.4) If the informed person establishes that the register of interests does not need to be amended, the person must— complete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and give the statutory declaration to— if the informed person is the chief executive officer—the mayor; or otherwise—the chief executive officer.\n- (a) if the suspicion relates to the register of interests of the chief executive officer or persons who are related to the chief executive officer—the mayor; or\n- (b) otherwise—the chief executive officer.\n- (a) if the register of interests relates to a councillor or a person who is related to a councillor—the councillor;\n- (b) if the register of interests relates to the mayor or a person who is related to the mayor—the mayor;\n- (c) if the register of interests relates to the chief executive officer or a person who is related to the chief executive officer—the chief executive officer;\n- (d) if the register of interests relates to a councillor advisor or a person who is related to a councillor advisor—the councillor advisor;\n- (e) if the register of interests relates to a senior executive employee or a person who is related to the senior executive employee—the senior executive employee.\n- (a) complete a statutory declaration stating that the particulars in the register of interests are a true record of fact; and\n- (b) give the statutory declaration to— (i) if the informed person is the chief executive officer—the mayor; or (ii) otherwise—the chief executive officer.\n- (i) if the informed person is the chief executive officer—the mayor; or\n- (ii) otherwise—the chief executive officer.\n- (i) if the informed person is the chief executive officer—the mayor; or\n- (ii) otherwise—the chief executive officer.","sortOrder":440},{"sectionNumber":"sec.296A","sectionType":"section","heading":"Period for keeping and making available particular registers of interests","content":"### sec.296A Period for keeping and making available particular registers of interests\n\nA local government must keep a register of interests for a period of 10 years starting on—\nfor a councillor or a person who is related to a councillor—the last day the councillor holds office as a councillor; or\nfor the chief executive officer or a person who is related to the chief executive officer—the last day the chief executive officer holds appointment as the chief executive officer; or\nfor a councillor advisor or a person who is related to a councillor advisor—the last day the councillor advisor holds appointment as a councillor advisor; or\nfor a senior executive employee or a person who is related to a senior executive employee—the last day the senior executive employee holds appointment as a senior executive employee.\nA local government must ensure the register of interests kept under subsection (1) (a) for a person who was, but is no longer, a councillor is available to be viewed by the public at the local government’s public office for the period the local government is required to keep the register.\ns 296A ins 2020 SL No. 156 s 71\n(sec.296A-ssec.1) A local government must keep a register of interests for a period of 10 years starting on— for a councillor or a person who is related to a councillor—the last day the councillor holds office as a councillor; or for the chief executive officer or a person who is related to the chief executive officer—the last day the chief executive officer holds appointment as the chief executive officer; or for a councillor advisor or a person who is related to a councillor advisor—the last day the councillor advisor holds appointment as a councillor advisor; or for a senior executive employee or a person who is related to a senior executive employee—the last day the senior executive employee holds appointment as a senior executive employee.\n(sec.296A-ssec.2) A local government must ensure the register of interests kept under subsection (1) (a) for a person who was, but is no longer, a councillor is available to be viewed by the public at the local government’s public office for the period the local government is required to keep the register.\n- (a) for a councillor or a person who is related to a councillor—the last day the councillor holds office as a councillor; or\n- (b) for the chief executive officer or a person who is related to the chief executive officer—the last day the chief executive officer holds appointment as the chief executive officer; or\n- (c) for a councillor advisor or a person who is related to a councillor advisor—the last day the councillor advisor holds appointment as a councillor advisor; or\n- (d) for a senior executive employee or a person who is related to a senior executive employee—the last day the senior executive employee holds appointment as a senior executive employee.","sortOrder":441},{"sectionNumber":"sec.297","sectionType":"section","heading":"Improper disclosure of registers of interests","content":"### sec.297 Improper disclosure of registers of interests\n\nA person must not knowingly disclose information obtained from a register of interests if it is not a true copy, or a fair summary, of the contents of the register of interests.\nMaximum penalty—85 penalty units.\nA person must not knowingly disclose information obtained from a register of interests of the following persons, other than to a person mentioned in section 293 (3) —\na chief executive officer;\na councillor advisor;\na senior executive employee;\na person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.\nMaximum penalty—85 penalty units.\ns 297 amd 2020 SL No. 156 s 72\n(sec.297-ssec.1) A person must not knowingly disclose information obtained from a register of interests if it is not a true copy, or a fair summary, of the contents of the register of interests. Maximum penalty—85 penalty units.\n(sec.297-ssec.2) A person must not knowingly disclose information obtained from a register of interests of the following persons, other than to a person mentioned in section 293 (3) — a chief executive officer; a councillor advisor; a senior executive employee; a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee. Maximum penalty—85 penalty units.\n- (a) a chief executive officer;\n- (b) a councillor advisor;\n- (c) a senior executive employee;\n- (d) a person who is related to a councillor, chief executive officer, councillor advisor or senior executive employee.","sortOrder":442},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"Way to hold a hearing","content":"# Way to hold a hearing","sortOrder":443},{"sectionNumber":"sec.298","sectionType":"section","heading":"Procedural requirements for hearings— Act , s 213","content":"### sec.298 Procedural requirements for hearings— Act , s 213\n\nFor section 213 (3) of the Act , a hearing must be held in public unless the decision-maker directs the hearing is to be held in private.\ns 298 amd 2018 SL No. 201 s 19","sortOrder":444},{"sectionNumber":"sec.299","sectionType":"section","heading":"Witness fees— Act , s 214","content":"### sec.299 Witness fees— Act , s 214\n\nFor section 214 (4) (a) of the Act , the witness fees prescribed are the allowances for witnesses and other persons prescribed under the QCAT Act .\nFor the witness fees prescribed under the QCAT Act , see the Queensland Civil and Administrative Tribunal Regulation 2019 , part 4 .\ns 299 amd 2019 SL No. 164 s 24 sch 4","sortOrder":445},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Superannuation","content":"# Superannuation","sortOrder":446},{"sectionNumber":"sec.299A","sectionType":"section","heading":"Meaning of salary of a permanent employee of a local government or local government entity","content":"### sec.299A Meaning of salary of a permanent employee of a local government or local government entity\n\nFor this part, the salary of a permanent employee of a local government or local government entity is the total of the following for the employee—\nearnings for ordinary hours of work, other than any of the following payments made to the employee on the termination of the employee’s employment—\na payment for unused sick leave;\nan unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ;\namounts for over-award payments, shift loadings or commissions.\nTerms used in subsection (1) (a) and (b) have the same meanings as they have in the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section 6 (1) , definition ordinary time earnings .\ns 299A ins 2024 SL No. 75 s 12\n(sec.299A-ssec.1) For this part, the salary of a permanent employee of a local government or local government entity is the total of the following for the employee— earnings for ordinary hours of work, other than any of the following payments made to the employee on the termination of the employee’s employment— a payment for unused sick leave; an unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; amounts for over-award payments, shift loadings or commissions.\n(sec.299A-ssec.2) Terms used in subsection (1) (a) and (b) have the same meanings as they have in the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section 6 (1) , definition ordinary time earnings .\n- (a) earnings for ordinary hours of work, other than any of the following payments made to the employee on the termination of the employee’s employment— (i) a payment for unused sick leave; (ii) an unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ;\n- (i) a payment for unused sick leave;\n- (ii) an unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ;\n- (b) amounts for over-award payments, shift loadings or commissions.\n- (i) a payment for unused sick leave;\n- (ii) an unused annual leave payment, or unused long service leave payment, within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ;","sortOrder":447},{"sectionNumber":"sec.300","sectionType":"section","heading":"Local government entities— Act , s 216A","content":"### sec.300 Local government entities— Act , s 216A\n\nFor the Act , section 216A , definition local government entity , each of the entities mentioned in schedule 6 is prescribed.\ns 300 amd 2013 SL No. 86 s 9","sortOrder":448},{"sectionNumber":"sec.301","sectionType":"section","heading":null,"content":"### Section sec.301\n\ns 301 amd 2013 SL No. 86 s 10\nom 2017 SL No. 105 s 4","sortOrder":449},{"sectionNumber":"sec.302","sectionType":"section","heading":"Prescribed amount of yearly contributions— Act , s 220","content":"### sec.302 Prescribed amount of yearly contributions— Act , s 220\n\nFor section 220 (2) (b) of the Act , the amount prescribed for a year is equal to—\nfor a permanent employee of the Brisbane City Council who is under 75 years—14% of the employee’s salary for the year; or\nfor another permanent employee of a local government or a permanent employee of a local government entity—the charge percentage of the employee’s salary for the year.\nFor section 220 (5) of the Act , the time prescribed is 14 days after the end of the permanent employee’s pay period for which the contribution is payable.\nIn this section—\ncharge percentage , for a year, means the charge percentage under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section 19 (2) for the year, divided by 100.\ns 302 sub 2017 SL No. 105 s 5 ; 2024 SL No. 75 s 13\n(sec.302-ssec.1) For section 220 (2) (b) of the Act , the amount prescribed for a year is equal to— for a permanent employee of the Brisbane City Council who is under 75 years—14% of the employee’s salary for the year; or for another permanent employee of a local government or a permanent employee of a local government entity—the charge percentage of the employee’s salary for the year.\n(sec.302-ssec.2) For section 220 (5) of the Act , the time prescribed is 14 days after the end of the permanent employee’s pay period for which the contribution is payable.\n(sec.302-ssec.3) In this section— charge percentage , for a year, means the charge percentage under the Superannuation Guarantee (Administration) Act 1992 (Cwlth) , section 19 (2) for the year, divided by 100.\n- (a) for a permanent employee of the Brisbane City Council who is under 75 years—14% of the employee’s salary for the year; or\n- (b) for another permanent employee of a local government or a permanent employee of a local government entity—the charge percentage of the employee’s salary for the year.","sortOrder":450},{"sectionNumber":"sec.303","sectionType":"section","heading":"Prescribed amount of yearly contributions— Act , s 220A","content":"### sec.303 Prescribed amount of yearly contributions— Act , s 220A\n\nFor the Act , section 220A (2) , the amount prescribed is equal to—\nfor a special permanent employee of a local government (other than the Brisbane City Council) or a local government entity—5% of the employee’s salary; or\nfor a standard permanent employee of a local government (other than the Brisbane City Council) or a local government entity—6% of the employee’s salary; or\nfor a permanent employee of the Brisbane City Council who is a defined benefit member within the meaning of section 216A of the Act —the amount stated in the trust deed; or\nfor another permanent employee of the Brisbane City Council—5% of the employee’s salary.\nHowever, for a permanent employee of a local government or local government entity who is 75 years or over, the amount prescribed is nil.\nIn this section—\nspecial permanent employee means a permanent employee who, immediately before 1 July 1995, was required to make superannuation contributions under the repealed Local Government Superannuation Act 1985 at the rate of 5% of the employee’s salary.\ns 303 amd 2017 SL No. 105 s 6 ; 2024 Act No. 27 s 123 sch 1 pt 2 ; 2024 SL No. 75 s 14\n(sec.303-ssec.1) For the Act , section 220A (2) , the amount prescribed is equal to— for a special permanent employee of a local government (other than the Brisbane City Council) or a local government entity—5% of the employee’s salary; or for a standard permanent employee of a local government (other than the Brisbane City Council) or a local government entity—6% of the employee’s salary; or for a permanent employee of the Brisbane City Council who is a defined benefit member within the meaning of section 216A of the Act —the amount stated in the trust deed; or for another permanent employee of the Brisbane City Council—5% of the employee’s salary.\n(sec.303-ssec.2) However, for a permanent employee of a local government or local government entity who is 75 years or over, the amount prescribed is nil.\n(sec.303-ssec.3) In this section— special permanent employee means a permanent employee who, immediately before 1 July 1995, was required to make superannuation contributions under the repealed Local Government Superannuation Act 1985 at the rate of 5% of the employee’s salary.\n- (a) for a special permanent employee of a local government (other than the Brisbane City Council) or a local government entity—5% of the employee’s salary; or\n- (b) for a standard permanent employee of a local government (other than the Brisbane City Council) or a local government entity—6% of the employee’s salary; or\n- (c) for a permanent employee of the Brisbane City Council who is a defined benefit member within the meaning of section 216A of the Act —the amount stated in the trust deed; or\n- (d) for another permanent employee of the Brisbane City Council—5% of the employee’s salary.","sortOrder":451},{"sectionNumber":"sec.304","sectionType":"section","heading":"Interest payable on outstanding contributions— Act , s 224","content":"### sec.304 Interest payable on outstanding contributions— Act , s 224\n\nFor section 224 (3) (a) of the Act , the annual rate of interest is 14%.\ns 304 amd 2017 SL No. 105 s 7","sortOrder":452},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Delegation of powers","content":"# Delegation of powers","sortOrder":453},{"sectionNumber":"sec.305","sectionType":"section","heading":"Particulars to be contained in register of delegations— Act , s 260","content":"### sec.305 Particulars to be contained in register of delegations— Act , s 260\n\nFor section 260 (1) of the Act , the particulars prescribed for a register of delegations are—\nthe name or title of the person, or the name of the committee, to whom powers are delegated; and\na description of the powers delegated, including the provisions under a Local Government Act permitting or requiring the exercise of the powers; and\nif the delegation was by the local government—a summary of the resolution by which powers are delegated, including—\nthe date of the resolution; and\na summary of any conditions to which the delegation is subject; and\nif the resolution is numbered—its number.\nThe chief executive officer may include any other information in the register the chief executive officer considers appropriate.\n(sec.305-ssec.1) For section 260 (1) of the Act , the particulars prescribed for a register of delegations are— the name or title of the person, or the name of the committee, to whom powers are delegated; and a description of the powers delegated, including the provisions under a Local Government Act permitting or requiring the exercise of the powers; and if the delegation was by the local government—a summary of the resolution by which powers are delegated, including— the date of the resolution; and a summary of any conditions to which the delegation is subject; and if the resolution is numbered—its number.\n(sec.305-ssec.2) The chief executive officer may include any other information in the register the chief executive officer considers appropriate.\n- (a) the name or title of the person, or the name of the committee, to whom powers are delegated; and\n- (b) a description of the powers delegated, including the provisions under a Local Government Act permitting or requiring the exercise of the powers; and\n- (c) if the delegation was by the local government—a summary of the resolution by which powers are delegated, including— (i) the date of the resolution; and (ii) a summary of any conditions to which the delegation is subject; and (iii) if the resolution is numbered—its number.\n- (i) the date of the resolution; and\n- (ii) a summary of any conditions to which the delegation is subject; and\n- (iii) if the resolution is numbered—its number.\n- (i) the date of the resolution; and\n- (ii) a summary of any conditions to which the delegation is subject; and\n- (iii) if the resolution is numbered—its number.","sortOrder":454},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Process for resolving administrative action complaints","content":"# Process for resolving administrative action complaints","sortOrder":455},{"sectionNumber":"sec.306","sectionType":"section","heading":"Process for resolving administrative action complaints— Act , s 268","content":"### sec.306 Process for resolving administrative action complaints— Act , s 268\n\nThis section provides, for section 268 (4) of the Act , the process for resolving complaints about administrative actions of a local government made by affected persons.\nA local government must adopt—\na complaints management process that effectively manages complaints from their receipt to their resolution; and\nwritten policies and procedures supporting the complaints management process.\nA complaints management process is a process for resolving complaints about administrative actions of a local government that—\ncovers all administrative action complaints made to the local government; and\nrequires the local government to quickly and efficiently respond to complaints in a fair and objective way; and\nincludes the criteria considered when assessing whether to investigate a complaint; and\nrequires the local government to inform an affected person of the local government’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously.\nThe local government must—\nrecord all administrative action complaints; and\nensure the public may inspect the complaints management process (including the related policies and procedures) at the local government’s public office and on its website; and\nensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and\nensure mechanisms are in place to—\nidentify, analyse and respond to complaint trends; and\nmonitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\nTo remove any doubt, it is declared that, in deciding if a complaint is an administrative action complaint, it is irrelevant—\nhow quickly the complaint was resolved; or\nto which area of a local government the complaint was made; or\nwhether the complaint was a written or verbal complaint; or\nwhether or not the complaint was made anonymously.\nUnder section 187 a local government must include particular information relating to the complaints management process in the local government’s annual report.\n(sec.306-ssec.1) This section provides, for section 268 (4) of the Act , the process for resolving complaints about administrative actions of a local government made by affected persons.\n(sec.306-ssec.2) A local government must adopt— a complaints management process that effectively manages complaints from their receipt to their resolution; and written policies and procedures supporting the complaints management process.\n(sec.306-ssec.3) A complaints management process is a process for resolving complaints about administrative actions of a local government that— covers all administrative action complaints made to the local government; and requires the local government to quickly and efficiently respond to complaints in a fair and objective way; and includes the criteria considered when assessing whether to investigate a complaint; and requires the local government to inform an affected person of the local government’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously.\n(sec.306-ssec.4) The local government must— record all administrative action complaints; and ensure the public may inspect the complaints management process (including the related policies and procedures) at the local government’s public office and on its website; and ensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and ensure mechanisms are in place to— identify, analyse and respond to complaint trends; and monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n(sec.306-ssec.5) To remove any doubt, it is declared that, in deciding if a complaint is an administrative action complaint, it is irrelevant— how quickly the complaint was resolved; or to which area of a local government the complaint was made; or whether the complaint was a written or verbal complaint; or whether or not the complaint was made anonymously. Under section 187 a local government must include particular information relating to the complaints management process in the local government’s annual report.\n- (a) a complaints management process that effectively manages complaints from their receipt to their resolution; and\n- (b) written policies and procedures supporting the complaints management process.\n- (a) covers all administrative action complaints made to the local government; and\n- (b) requires the local government to quickly and efficiently respond to complaints in a fair and objective way; and\n- (c) includes the criteria considered when assessing whether to investigate a complaint; and\n- (d) requires the local government to inform an affected person of the local government’s decision about the complaint and the reasons for the decision, unless the complaint was made anonymously.\n- (a) record all administrative action complaints; and\n- (b) ensure the public may inspect the complaints management process (including the related policies and procedures) at the local government’s public office and on its website; and\n- (c) ensure internal reports are occasionally provided to senior management about the operation of the complaints management process; and\n- (d) ensure mechanisms are in place to— (i) identify, analyse and respond to complaint trends; and (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n- (i) identify, analyse and respond to complaint trends; and\n- (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n- (i) identify, analyse and respond to complaint trends; and\n- (ii) monitor the effectiveness of the complaints management process (by monitoring the time taken to resolve complaints, for example).\n- (a) how quickly the complaint was resolved; or\n- (b) to which area of a local government the complaint was made; or\n- (c) whether the complaint was a written or verbal complaint; or\n- (d) whether or not the complaint was made anonymously.","sortOrder":456},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Other provisions","content":"# Other provisions","sortOrder":457},{"sectionNumber":"sec.307","sectionType":"section","heading":"LGAQ Ltd.— Act , s 287","content":"### sec.307 LGAQ Ltd.— Act , s 287\n\nFor section 287 (2) of the Act , the corporation prescribed is the Local Government Association of Queensland Ltd. ABN 11 010 883 293.","sortOrder":458},{"sectionNumber":"ch.9-pt.6","sectionType":"part","heading":"Loss of local government asset","content":"# Loss of local government asset","sortOrder":459},{"sectionNumber":"sec.307A","sectionType":"section","heading":"Recording and notifying loss of local government asset","content":"### sec.307A Recording and notifying loss of local government asset\n\nThis section applies if the chief executive officer—\nis aware of a loss of an asset belonging to the local government that the officer is satisfied is a reportable loss; or\nreasonably suspects there has been a reportable loss of an asset belonging to the local government; or\nis aware of a material loss of an asset belonging to the local government.\nThe chief executive officer must keep a written record of the following details about the loss—\na description of the asset, including its value;\nthe cause of the loss;\nthe action taken by the local government to deal with the loss, including, for example—\naction to remedy any weakness in the local government’s operations; or\naction taken to recover the loss;\napproval for writing off the loss.\nIf the chief executive officer is satisfied the material loss is also a reportable loss, the officer must notify the following as soon as practicable, but not more than 6 months after the officer becomes aware of the loss—\nthe auditor-general;\nfor a loss resulting from the commission of an offence under the Criminal Code or another Act—a police officer;\nfor a loss resulting from the corrupt conduct of a councillor, local government employee or local government worker—the Crime and Corruption Commission.\nIn this section—\nmaterial loss , for an asset belonging to a local government, means—\nfor money—a loss of more than $500; or\nfor any other asset—a loss valued by the chief executive officer at more than $1,000.\nreportable loss , for an asset belonging to the local government, means a loss resulting from—\nthe commission of an offence under the Criminal Code or another Act; or\nthe corrupt conduct of a councillor, local government employee or local government worker; or\nconduct of a contractor of the local government that would be corrupt conduct if the contractor were a councillor, local government employee or local government worker.\ns 307A ins 2013 SL No. 10 s 11\nsub 2015 SL No. 140 s 6\namd 2018 SL No. 201 s 20 ; 2025 SL No. 161 s 27\n(sec.307A-ssec.1) This section applies if the chief executive officer— is aware of a loss of an asset belonging to the local government that the officer is satisfied is a reportable loss; or reasonably suspects there has been a reportable loss of an asset belonging to the local government; or is aware of a material loss of an asset belonging to the local government.\n(sec.307A-ssec.2) The chief executive officer must keep a written record of the following details about the loss— a description of the asset, including its value; the cause of the loss; the action taken by the local government to deal with the loss, including, for example— action to remedy any weakness in the local government’s operations; or action taken to recover the loss; approval for writing off the loss.\n(sec.307A-ssec.3) If the chief executive officer is satisfied the material loss is also a reportable loss, the officer must notify the following as soon as practicable, but not more than 6 months after the officer becomes aware of the loss— the auditor-general; for a loss resulting from the commission of an offence under the Criminal Code or another Act—a police officer; for a loss resulting from the corrupt conduct of a councillor, local government employee or local government worker—the Crime and Corruption Commission.\n(sec.307A-ssec.4) In this section— material loss , for an asset belonging to a local government, means— for money—a loss of more than $500; or for any other asset—a loss valued by the chief executive officer at more than $1,000. reportable loss , for an asset belonging to the local government, means a loss resulting from— the commission of an offence under the Criminal Code or another Act; or the corrupt conduct of a councillor, local government employee or local government worker; or conduct of a contractor of the local government that would be corrupt conduct if the contractor were a councillor, local government employee or local government worker.\n- (a) is aware of a loss of an asset belonging to the local government that the officer is satisfied is a reportable loss; or\n- (b) reasonably suspects there has been a reportable loss of an asset belonging to the local government; or\n- (c) is aware of a material loss of an asset belonging to the local government.\n- (a) a description of the asset, including its value;\n- (b) the cause of the loss;\n- (c) the action taken by the local government to deal with the loss, including, for example— (i) action to remedy any weakness in the local government’s operations; or (ii) action taken to recover the loss;\n- (i) action to remedy any weakness in the local government’s operations; or\n- (ii) action taken to recover the loss;\n- (d) approval for writing off the loss.\n- (i) action to remedy any weakness in the local government’s operations; or\n- (ii) action taken to recover the loss;\n- (a) the auditor-general;\n- (b) for a loss resulting from the commission of an offence under the Criminal Code or another Act—a police officer;\n- (c) for a loss resulting from the corrupt conduct of a councillor, local government employee or local government worker—the Crime and Corruption Commission.\n- (a) for money—a loss of more than $500; or\n- (b) for any other asset—a loss valued by the chief executive officer at more than $1,000.\n- (a) the commission of an offence under the Criminal Code or another Act; or\n- (b) the corrupt conduct of a councillor, local government employee or local government worker; or\n- (c) conduct of a contractor of the local government that would be corrupt conduct if the contractor were a councillor, local government employee or local government worker.","sortOrder":460},{"sectionNumber":"ch.11-pt.1","sectionType":"part","heading":"Repeal provision","content":"# Repeal provision","sortOrder":461},{"sectionNumber":"sec.312","sectionType":"section","heading":"Repeal","content":"### sec.312 Repeal\n\nThe following regulations are repealed—\nLocal Government (Beneficial Enterprises and Business Activities) Regulation 2010 SL No. 123\nLocal Government (Finance, Plans and Reporting) Regulation 2010 SL No. 124\nLocal Government (Operations) Regulation 2010 SL No. 125.\n- • Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 SL No. 123\n- • Local Government (Finance, Plans and Reporting) Regulation 2010 SL No. 124\n- • Local Government (Operations) Regulation 2010 SL No. 125.","sortOrder":462},{"sectionNumber":"ch.11-pt.2","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":463},{"sectionNumber":"sec.313","sectionType":"section","heading":"Definitions for pt 2","content":"### sec.313 Definitions for pt 2\n\nIn this part—\ncommencement means the commencement of this part.\nrepealed Business Activities Regulation means the repealed Local Government (Beneficial Enterprises and Business Activities) Regulation 2010 .","sortOrder":464},{"sectionNumber":"sec.314","sectionType":"section","heading":"Implementation of particular local government changes","content":"### sec.314 Implementation of particular local government changes\n\nThis section applies to a local government change mentioned in schedule 3, part 1 of the repealed Operations Regulation if, immediately before the commencement, the implementation of the local government change has not been finalised.\nSchedule 3, part 2 of the repealed Operations Regulation continues to apply in relation to the local government change until the implementation of the change has been finalised despite the repeal of those provisions under this regulation.\nIn this section—\nrepealed Operations Regulation means the repealed Local Government (Operations) Regulation 2010 .\n(sec.314-ssec.1) This section applies to a local government change mentioned in schedule 3, part 1 of the repealed Operations Regulation if, immediately before the commencement, the implementation of the local government change has not been finalised.\n(sec.314-ssec.2) Schedule 3, part 2 of the repealed Operations Regulation continues to apply in relation to the local government change until the implementation of the change has been finalised despite the repeal of those provisions under this regulation.\n(sec.314-ssec.3) In this section— repealed Operations Regulation means the repealed Local Government (Operations) Regulation 2010 .","sortOrder":465},{"sectionNumber":"sec.315","sectionType":"section","heading":"Competitive neutrality complaints started before commencement","content":"### sec.315 Competitive neutrality complaints started before commencement\n\nThis section applies if—\nbefore the commencement—\na person made a competitive neutrality complaint in relation to a business entity under chapter 6 of the repealed Business Activities Regulation; and\na local government appointed a referee to investigate and report on the complaint; and\nat the commencement—\nthe referee’s investigation and report on the complaint has not been finalised; and\nthe complaint has not been withdrawn.\nChapter 6 of the repealed Business Activities Regulation continues to apply in relation to the competitive neutrality complaint despite the repeal of those provisions under this regulation.\nWithout limiting subsection (2)—\nthe referee must continue to investigate and report on the competitive neutrality complaint; and\nthe local government must comply with sections 146 and 148 of the repealed Business Activities Regulation.\nTo remove any doubt, it is declared that chapter 3, part 2, division 7 applies in relation to a competitive neutrality complaint about a business entity if—\nthe complaint was made before the commencement; and\nat the commencement, a local government had not appointed a referee to investigate and report on the complaint.\n(sec.315-ssec.1) This section applies if— before the commencement— a person made a competitive neutrality complaint in relation to a business entity under chapter 6 of the repealed Business Activities Regulation; and a local government appointed a referee to investigate and report on the complaint; and at the commencement— the referee’s investigation and report on the complaint has not been finalised; and the complaint has not been withdrawn.\n(sec.315-ssec.2) Chapter 6 of the repealed Business Activities Regulation continues to apply in relation to the competitive neutrality complaint despite the repeal of those provisions under this regulation.\n(sec.315-ssec.3) Without limiting subsection (2)— the referee must continue to investigate and report on the competitive neutrality complaint; and the local government must comply with sections 146 and 148 of the repealed Business Activities Regulation.\n(sec.315-ssec.4) To remove any doubt, it is declared that chapter 3, part 2, division 7 applies in relation to a competitive neutrality complaint about a business entity if— the complaint was made before the commencement; and at the commencement, a local government had not appointed a referee to investigate and report on the complaint.\n- (a) before the commencement— (i) a person made a competitive neutrality complaint in relation to a business entity under chapter 6 of the repealed Business Activities Regulation; and (ii) a local government appointed a referee to investigate and report on the complaint; and\n- (i) a person made a competitive neutrality complaint in relation to a business entity under chapter 6 of the repealed Business Activities Regulation; and\n- (ii) a local government appointed a referee to investigate and report on the complaint; and\n- (b) at the commencement— (i) the referee’s investigation and report on the complaint has not been finalised; and (ii) the complaint has not been withdrawn.\n- (i) the referee’s investigation and report on the complaint has not been finalised; and\n- (ii) the complaint has not been withdrawn.\n- (i) a person made a competitive neutrality complaint in relation to a business entity under chapter 6 of the repealed Business Activities Regulation; and\n- (ii) a local government appointed a referee to investigate and report on the complaint; and\n- (i) the referee’s investigation and report on the complaint has not been finalised; and\n- (ii) the complaint has not been withdrawn.\n- (a) the referee must continue to investigate and report on the competitive neutrality complaint; and\n- (b) the local government must comply with sections 146 and 148 of the repealed Business Activities Regulation.\n- (a) the complaint was made before the commencement; and\n- (b) at the commencement, a local government had not appointed a referee to investigate and report on the complaint.","sortOrder":466},{"sectionNumber":"sec.316","sectionType":"section","heading":"References to QCA","content":"### sec.316 References to QCA\n\nThis section is about referring to the QCA particular decisions about competitive neutrality complaints made—\nbefore the commencement; and\nagainst business entities conducting business activities to which chapter 6, part 3 of the repealed Business Activities Regulation applied.\nIf the person who made the complaint has not already done so, the person may refer to the QCA—\nthe referee's decision not to investigate the complaint; or\nthe local government's response to the referee's recommendation about the complaint.\nFor the purpose of making the referral, or the QCA dealing with the referral, chapter 6, part 3 of the repealed Business Activities Regulation continues to apply despite the repeal of those provisions under this regulation.\nSubsection (5) applies if—\nbefore the commencement, the person who made the complaint had referred a decision mentioned in subsection (2)(a) or (b) to the QCA under chapter 6, part 3 of the repealed Business Activities Regulation; and\nat the commencement, the QCA had not finished dealing with the complaint.\nChapter 6, part 3 of the repealed Business Activities Regulation continues to apply in relation to the complaint despite the repeal of those provisions under this regulation.\n(sec.316-ssec.1) This section is about referring to the QCA particular decisions about competitive neutrality complaints made— before the commencement; and against business entities conducting business activities to which chapter 6, part 3 of the repealed Business Activities Regulation applied.\n(sec.316-ssec.2) If the person who made the complaint has not already done so, the person may refer to the QCA— the referee's decision not to investigate the complaint; or the local government's response to the referee's recommendation about the complaint.\n(sec.316-ssec.3) For the purpose of making the referral, or the QCA dealing with the referral, chapter 6, part 3 of the repealed Business Activities Regulation continues to apply despite the repeal of those provisions under this regulation.\n(sec.316-ssec.4) Subsection (5) applies if— before the commencement, the person who made the complaint had referred a decision mentioned in subsection (2)(a) or (b) to the QCA under chapter 6, part 3 of the repealed Business Activities Regulation; and at the commencement, the QCA had not finished dealing with the complaint.\n(sec.316-ssec.5) Chapter 6, part 3 of the repealed Business Activities Regulation continues to apply in relation to the complaint despite the repeal of those provisions under this regulation.\n- (a) before the commencement; and\n- (b) against business entities conducting business activities to which chapter 6, part 3 of the repealed Business Activities Regulation applied.\n- (a) the referee's decision not to investigate the complaint; or\n- (b) the local government's response to the referee's recommendation about the complaint.\n- (a) before the commencement, the person who made the complaint had referred a decision mentioned in subsection (2)(a) or (b) to the QCA under chapter 6, part 3 of the repealed Business Activities Regulation; and\n- (b) at the commencement, the QCA had not finished dealing with the complaint.","sortOrder":467},{"sectionNumber":"ch.11-pt.3","sectionType":"part","heading":"Transition from WBWC to FCRC","content":"# Transition from WBWC to FCRC","sortOrder":468},{"sectionNumber":"sec.317","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.317 Definitions for pt 3\n\nIn this part—\nFCRC means Fraser Coast Regional Council.\ntransfer day means the day declared as the transfer day under section 319.\ntransferring instrument see section 321(1).\nWBWC means Wide Bay Water Corporation ABN 98 380 729 010.\ns 317 ins 2013 SL No. 16 s 6","sortOrder":469},{"sectionNumber":"sec.318","sectionType":"section","heading":"Purpose of this part","content":"### sec.318 Purpose of this part\n\nThe purpose of this part is to provide for a transition from WBWC to FCRC.\ns 318 ins 2013 SL No. 16 s 6","sortOrder":470},{"sectionNumber":"sec.319","sectionType":"section","heading":"Minister may declare transfer day","content":"### sec.319 Minister may declare transfer day\n\nThe Minister may, by gazette notice, declare a day to be the transfer day for this part.\ns 319 ins 2013 SL No. 16 s 6","sortOrder":471},{"sectionNumber":"sec.320","sectionType":"section","heading":"Successor in law","content":"### sec.320 Successor in law\n\nOn the transfer day, FCRC becomes the successor in law of WBWC.\nWithout limiting subsection (1), proceedings by or against WBWC, or that could have been started by or against WBWC before the transfer day, may be continued or started by or against FCRC.\ns 320 ins 2013 SL No. 16 s 6\n(sec.320-ssec.1) On the transfer day, FCRC becomes the successor in law of WBWC.\n(sec.320-ssec.2) Without limiting subsection (1), proceedings by or against WBWC, or that could have been started by or against WBWC before the transfer day, may be continued or started by or against FCRC.","sortOrder":472},{"sectionNumber":"sec.321","sectionType":"section","heading":"Instruments about WBWC","content":"### sec.321 Instruments about WBWC\n\nThis section applies to an instrument applying to WBWC in force immediately before the transfer day (the transferring instrument ).\nA transferring instrument applies to FCRC in place of WBWC.\nWithout limiting subsection (2)—\na transferring instrument to which, immediately before the transfer day, WBWC was a party is taken to be an instrument to which FCRC is a party in the same way WBWC was a party; and\na transferring instrument given to, by or in favour of WBWC is taken to have been given to, by or in favour of FCRC in the same way it was given to, by or in favour of WBWC; and\na transferring instrument that refers to WBWC is taken to refer to FCRC in the same way it referred to WBWC; and\na transferring instrument under which money is, or may become, payable to or by WBWC is taken to be an instrument under which money is, or may become, payable to or by FCRC in the same way the money was, or might have become, payable to or by WBWC; and\na transferring instrument under which property, other than money, is, or may become, liable to be transferred, conveyed or assigned to or by WBWC is taken to be an instrument under which property is, or may become, liable to be transferred, conveyed or assigned to or by FCRC in the same way the property was, or might have become, liable to be transferred, conveyed or assigned to or by WBWC.\nIn this section—\ninstrument —\nincludes an approval, licence or permit; but\ndoes not include a contract.\ns 321 ins 2013 SL No. 16 s 6\n(sec.321-ssec.1) This section applies to an instrument applying to WBWC in force immediately before the transfer day (the transferring instrument ).\n(sec.321-ssec.2) A transferring instrument applies to FCRC in place of WBWC.\n(sec.321-ssec.3) Without limiting subsection (2)— a transferring instrument to which, immediately before the transfer day, WBWC was a party is taken to be an instrument to which FCRC is a party in the same way WBWC was a party; and a transferring instrument given to, by or in favour of WBWC is taken to have been given to, by or in favour of FCRC in the same way it was given to, by or in favour of WBWC; and a transferring instrument that refers to WBWC is taken to refer to FCRC in the same way it referred to WBWC; and a transferring instrument under which money is, or may become, payable to or by WBWC is taken to be an instrument under which money is, or may become, payable to or by FCRC in the same way the money was, or might have become, payable to or by WBWC; and a transferring instrument under which property, other than money, is, or may become, liable to be transferred, conveyed or assigned to or by WBWC is taken to be an instrument under which property is, or may become, liable to be transferred, conveyed or assigned to or by FCRC in the same way the property was, or might have become, liable to be transferred, conveyed or assigned to or by WBWC.\n(sec.321-ssec.4) In this section— instrument — includes an approval, licence or permit; but does not include a contract.\n- (a) a transferring instrument to which, immediately before the transfer day, WBWC was a party is taken to be an instrument to which FCRC is a party in the same way WBWC was a party; and\n- (b) a transferring instrument given to, by or in favour of WBWC is taken to have been given to, by or in favour of FCRC in the same way it was given to, by or in favour of WBWC; and\n- (c) a transferring instrument that refers to WBWC is taken to refer to FCRC in the same way it referred to WBWC; and\n- (d) a transferring instrument under which money is, or may become, payable to or by WBWC is taken to be an instrument under which money is, or may become, payable to or by FCRC in the same way the money was, or might have become, payable to or by WBWC; and\n- (e) a transferring instrument under which property, other than money, is, or may become, liable to be transferred, conveyed or assigned to or by WBWC is taken to be an instrument under which property is, or may become, liable to be transferred, conveyed or assigned to or by FCRC in the same way the property was, or might have become, liable to be transferred, conveyed or assigned to or by WBWC.\n- (a) includes an approval, licence or permit; but\n- (b) does not include a contract.","sortOrder":473},{"sectionNumber":"sec.322","sectionType":"section","heading":"Novation of WBWC contracts to FCRC","content":"### sec.322 Novation of WBWC contracts to FCRC\n\nThis section applies to a contract—\nin force immediately before the transfer day; and\nto which WBWC is a party.\nOn the transfer day, the following apply despite any provision of the contract—\nFCRC is taken to be a party to the contract instead of WBWC;\nFCRC assumes WBWC’s liabilities and rights under the contract;\na reference in the contract to WBWC is taken to be a reference to FCRC;\nchanges to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\nSubsection (2), or any thing done under it, does not—\ndischarge or otherwise affect the contract or the performance of the contract by another party to it; or\nfulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\nIf the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)—\nthe advice is taken to have been obtained; and\nthe consent or notice is taken to have been given.\nIn this section—\ncontract includes—\nan agreement, deed or other instrument, whether or not for consideration; but\ndoes not include a licence, permit or approval.\ns 322 ins 2013 SL No. 16 s 6\n(sec.322-ssec.1) This section applies to a contract— in force immediately before the transfer day; and to which WBWC is a party.\n(sec.322-ssec.2) On the transfer day, the following apply despite any provision of the contract— FCRC is taken to be a party to the contract instead of WBWC; FCRC assumes WBWC’s liabilities and rights under the contract; a reference in the contract to WBWC is taken to be a reference to FCRC; changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\n(sec.322-ssec.3) Subsection (2), or any thing done under it, does not— discharge or otherwise affect the contract or the performance of the contract by another party to it; or fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\n(sec.322-ssec.4) If the advice or consent of, or giving notice to, a person would be necessary to give effect to any matter under subsection (2)— the advice is taken to have been obtained; and the consent or notice is taken to have been given.\n(sec.322-ssec.5) In this section— contract includes— an agreement, deed or other instrument, whether or not for consideration; but does not include a licence, permit or approval.\n- (a) in force immediately before the transfer day; and\n- (b) to which WBWC is a party.\n- (a) FCRC is taken to be a party to the contract instead of WBWC;\n- (b) FCRC assumes WBWC’s liabilities and rights under the contract;\n- (c) a reference in the contract to WBWC is taken to be a reference to FCRC;\n- (d) changes to the contract that are necessary for, or incidental to, the matters in paragraphs (a) to (c) are taken to have been made.\n- (a) discharge or otherwise affect the contract or the performance of the contract by another party to it; or\n- (b) fulfil a condition allowing a person to terminate the contract or be released, wholly or partly, from the contract or a liability under it.\n- (a) the advice is taken to have been obtained; and\n- (b) the consent or notice is taken to have been given.\n- (a) an agreement, deed or other instrument, whether or not for consideration; but\n- (b) does not include a licence, permit or approval.","sortOrder":474},{"sectionNumber":"sec.323","sectionType":"section","heading":"Contractual rights are unaffected","content":"### sec.323 Contractual rights are unaffected\n\nNothing done under this part will—\nplace WBWC or FCRC in breach of a document, including a document that prohibits or regulates—\nthe transfer of any right or liability; or\nthe disclosure of any information; or\nfulfil any condition that—\nallows a person to terminate, or modify the operation or effect of, a document or obligation; or\nrequires an amount to be paid before its stated maturity; or\nrelease a surety or other obligee wholly or partly, from an obligation.\ns 323 ins 2013 SL No. 16 s 6\n- (a) place WBWC or FCRC in breach of a document, including a document that prohibits or regulates— (i) the transfer of any right or liability; or (ii) the disclosure of any information; or\n- (i) the transfer of any right or liability; or\n- (ii) the disclosure of any information; or\n- (b) fulfil any condition that— (i) allows a person to terminate, or modify the operation or effect of, a document or obligation; or (ii) requires an amount to be paid before its stated maturity; or\n- (i) allows a person to terminate, or modify the operation or effect of, a document or obligation; or\n- (ii) requires an amount to be paid before its stated maturity; or\n- (c) release a surety or other obligee wholly or partly, from an obligation.\n- (i) the transfer of any right or liability; or\n- (ii) the disclosure of any information; or\n- (i) allows a person to terminate, or modify the operation or effect of, a document or obligation; or\n- (ii) requires an amount to be paid before its stated maturity; or","sortOrder":475},{"sectionNumber":"sec.324","sectionType":"section","heading":"Preservation of rights of employees","content":"### sec.324 Preservation of rights of employees\n\nAt the beginning of the transfer day an employee of WBWC is transferred to FCRC.\nOn the transfer mentioned in subsection (1)—\nthe employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment with WBWC; and\nthe employee’s service as an employee of WBWC is taken to be service of a like nature in FCRC for deciding the employee’s rights as an employee of FCRC.\nEmployment of the person by FCRC under subsection (2) does not—\naffect the employee’s benefits, entitlements or remuneration; or\nprejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\ninterrupt continuity of service; or\nconstitute a termination, retrenchment or redundancy; or\nentitle the employee to a payment or other benefit merely because the person is no longer employed by the WBWC.\nTo remove any doubt, an employee of WBWC is taken to be employed by FCRC on the same terms and conditions as applied before the transfer.\ns 324 ins 2013 SL No. 16 s 6\n(sec.324-ssec.1) At the beginning of the transfer day an employee of WBWC is transferred to FCRC.\n(sec.324-ssec.2) On the transfer mentioned in subsection (1)— the employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment with WBWC; and the employee’s service as an employee of WBWC is taken to be service of a like nature in FCRC for deciding the employee’s rights as an employee of FCRC.\n(sec.324-ssec.3) Employment of the person by FCRC under subsection (2) does not— affect the employee’s benefits, entitlements or remuneration; or prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or interrupt continuity of service; or constitute a termination, retrenchment or redundancy; or entitle the employee to a payment or other benefit merely because the person is no longer employed by the WBWC.\n(sec.324-ssec.4) To remove any doubt, an employee of WBWC is taken to be employed by FCRC on the same terms and conditions as applied before the transfer.\n- (a) the employee retains and is entitled to all rights that have accrued to the employee because of the person’s employment with WBWC; and\n- (b) the employee’s service as an employee of WBWC is taken to be service of a like nature in FCRC for deciding the employee’s rights as an employee of FCRC.\n- (a) affect the employee’s benefits, entitlements or remuneration; or\n- (b) prejudice the employee’s existing or accruing rights to superannuation or recreation, sick, long service or other leave; or\n- (c) interrupt continuity of service; or\n- (d) constitute a termination, retrenchment or redundancy; or\n- (e) entitle the employee to a payment or other benefit merely because the person is no longer employed by the WBWC.","sortOrder":476},{"sectionNumber":"sec.325","sectionType":"section","heading":"Transfer of WBWC assets and WBWC liabilities to FCRC","content":"### sec.325 Transfer of WBWC assets and WBWC liabilities to FCRC\n\nAt the beginning of the transfer day—\nWBWC is divested of all WBWC assets and released from all WBWC liabilities; and\nWBWC assets become the assets of FCRC; and\nWBWC liabilities are assumed by FCRC.\nIn this section—\nWBWC asset means an asset that, immediately before the transfer day, is an asset of WBWC.\nWBWC liability means a liability that, immediately before the transfer day, is a liability of WBWC.\ns 325 ins 2013 SL No. 16 s 6\n(sec.325-ssec.1) At the beginning of the transfer day— WBWC is divested of all WBWC assets and released from all WBWC liabilities; and WBWC assets become the assets of FCRC; and WBWC liabilities are assumed by FCRC.\n(sec.325-ssec.2) In this section— WBWC asset means an asset that, immediately before the transfer day, is an asset of WBWC. WBWC liability means a liability that, immediately before the transfer day, is a liability of WBWC.\n- (a) WBWC is divested of all WBWC assets and released from all WBWC liabilities; and\n- (b) WBWC assets become the assets of FCRC; and\n- (c) WBWC liabilities are assumed by FCRC.","sortOrder":477},{"sectionNumber":"sec.326","sectionType":"section","heading":"Existing delegations made to WBWC","content":"### sec.326 Existing delegations made to WBWC\n\nThis section applies to a delegation—\nmade to WBWC under an Act; and\nin force at the beginning of the transfer day.\nOn the transfer day, the delegation continues in force as a delegation to FCRC until the earlier of the following—\nit is revoked;\nit would, if WBWC had not been dissolved, have ended.\nSubsection (2) does not stop the delegation being amended while it continues in force under subsection (2).\ns 326 ins 2013 SL No. 16 s 6\n(sec.326-ssec.1) This section applies to a delegation— made to WBWC under an Act; and in force at the beginning of the transfer day.\n(sec.326-ssec.2) On the transfer day, the delegation continues in force as a delegation to FCRC until the earlier of the following— it is revoked; it would, if WBWC had not been dissolved, have ended.\n(sec.326-ssec.3) Subsection (2) does not stop the delegation being amended while it continues in force under subsection (2).\n- (a) made to WBWC under an Act; and\n- (b) in force at the beginning of the transfer day.\n- (a) it is revoked;\n- (b) it would, if WBWC had not been dissolved, have ended.","sortOrder":478},{"sectionNumber":"sec.327","sectionType":"section","heading":"Registration of transferred assets","content":"### sec.327 Registration of transferred assets\n\nThis section applies to the registrar of titles or other person responsible for keeping a register for dealings about an asset, liability or instrument that, under section 325(1)(b), becomes an asset of FCRC.\nThe registrar or person must, if asked by FCRC in the appropriate form, and on payment of any fee, record a transfer of the asset, liability or instrument to FCRC.\nIn this section—\nregistrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.\ns 327 ins 2013 SL No. 16 s 6\n(sec.327-ssec.1) This section applies to the registrar of titles or other person responsible for keeping a register for dealings about an asset, liability or instrument that, under section 325(1)(b), becomes an asset of FCRC.\n(sec.327-ssec.2) The registrar or person must, if asked by FCRC in the appropriate form, and on payment of any fee, record a transfer of the asset, liability or instrument to FCRC.\n(sec.327-ssec.3) In this section— registrar of titles means a public official or authority responsible for registering title to land and dealings affecting land.","sortOrder":479},{"sectionNumber":"sec.328","sectionType":"section","heading":"Dissolution of WBWC","content":"### sec.328 Dissolution of WBWC\n\nThis section takes effect immediately after FCRC becomes the successor in law of WBWC.\nWBWC is dissolved and the members of the board of WBWC cease to hold office.\ns 328 ins 2013 SL No. 16 s 6\n(sec.328-ssec.1) This section takes effect immediately after FCRC becomes the successor in law of WBWC.\n(sec.328-ssec.2) WBWC is dissolved and the members of the board of WBWC cease to hold office.","sortOrder":480},{"sectionNumber":"ch.13-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":481},{"sectionNumber":"sec.335","sectionType":"section","heading":"Definition for ch 13","content":"### sec.335 Definition for ch 13\n\nIn this chapter—\nnew local government means each of the following local governments that comes into existence on 1 January 2014—\nDouglas Shire Council;\nLivingstone Shire Council;\nMareeba Shire Council;\nNoosa Shire Council.\ns 335 ins 2013 SL No. 273 s 29\n- (a) Douglas Shire Council;\n- (b) Livingstone Shire Council;\n- (c) Mareeba Shire Council;\n- (d) Noosa Shire Council.","sortOrder":482},{"sectionNumber":"ch.13-pt.2","sectionType":"part","heading":"Particular provisions for 2013–14 financial year","content":"# Particular provisions for 2013–14 financial year","sortOrder":483},{"sectionNumber":"sec.336","sectionType":"section","heading":"Application of pt 2","content":"### sec.336 Application of pt 2\n\nThis part applies for a new local government for the period starting on 1 January 2014 and ending on 30 June 2014.\ns 336 ins 2013 SL No. 273 s 29","sortOrder":484},{"sectionNumber":"sec.337","sectionType":"section","heading":"References to budget meeting","content":"### sec.337 References to budget meeting\n\nFor the application of a relevant provision to a new local government, a reference to a budget meeting in the provision is taken to be a reference to the budget meeting mentioned in section 305 of the Act .\nIn this section—\nrelevant provision means any of the following—\nsection 81(2);\nsection 118(3);\nsection 129(2);\nsection 130(4).\ns 337 ins 2013 SL No. 273 s 29\n(sec.337-ssec.1) For the application of a relevant provision to a new local government, a reference to a budget meeting in the provision is taken to be a reference to the budget meeting mentioned in section 305 of the Act .\n(sec.337-ssec.2) In this section— relevant provision means any of the following— section 81(2); section 118(3); section 129(2); section 130(4).\n- (a) section 81(2);\n- (b) section 118(3);\n- (c) section 129(2);\n- (d) section 130(4).","sortOrder":485},{"sectionNumber":"sec.338","sectionType":"section","heading":"References to financial year","content":"### sec.338 References to financial year\n\nFor the application of a relevant provision to a new local government, a reference to a financial year in the provision is taken, if the context permits, to be a reference to the part of the 2013–14 financial year that starts on 1 January 2014 and ends on 30 June 2014.\nIn this section—\nrelevant provision means any of the following—\nsection 72;\nsection 74(2);\nsection 80(5);\nsection 82(3)(a);\nsection 88(1), (2)(a) and (b);\nsection 94(7);\nsection 99(4)(b);\nsection 100(1);\nsection 154(2)(d)(v);\nsection 169(1)(b);\nsection 172(2);\nsection 173(1) and (4);\nsection 176;\nsection 178(1);\nsection 179(1) and (2)(a) and (b);\nsection 182(1) and (2);\nsection 183(a), (b) and (c);\nsection 184;\nsection 185;\nsection 186;\nsection 187(1) and (2)(a);\nsection 188(1);\nsection 189(a);\nsection 190(1)(b), (d)(ii), (e), (h), (i) and (j);\nsection 192;\nsection 193(1);\nsection 198(2);\nsection 202(2)(a);\nsection 203(2);\nsection 204(3);\nsection 207(1);\nsection 211(1)(a) and (b)(i);\nsection 212(1), (2), (4) and (5)(a)(ii).\ns 338 ins 2013 SL No. 273 s 29\n(sec.338-ssec.1) For the application of a relevant provision to a new local government, a reference to a financial year in the provision is taken, if the context permits, to be a reference to the part of the 2013–14 financial year that starts on 1 January 2014 and ends on 30 June 2014.\n(sec.338-ssec.2) In this section— relevant provision means any of the following— section 72; section 74(2); section 80(5); section 82(3)(a); section 88(1), (2)(a) and (b); section 94(7); section 99(4)(b); section 100(1); section 154(2)(d)(v); section 169(1)(b); section 172(2); section 173(1) and (4); section 176; section 178(1); section 179(1) and (2)(a) and (b); section 182(1) and (2); section 183(a), (b) and (c); section 184; section 185; section 186; section 187(1) and (2)(a); section 188(1); section 189(a); section 190(1)(b), (d)(ii), (e), (h), (i) and (j); section 192; section 193(1); section 198(2); section 202(2)(a); section 203(2); section 204(3); section 207(1); section 211(1)(a) and (b)(i); section 212(1), (2), (4) and (5)(a)(ii).\n- (a) section 72;\n- (b) section 74(2);\n- (c) section 80(5);\n- (d) section 82(3)(a);\n- (e) section 88(1), (2)(a) and (b);\n- (f) section 94(7);\n- (g) section 99(4)(b);\n- (h) section 100(1);\n- (i) section 154(2)(d)(v);\n- (j) section 169(1)(b);\n- (k) section 172(2);\n- (l) section 173(1) and (4);\n- (m) section 176;\n- (n) section 178(1);\n- (o) section 179(1) and (2)(a) and (b);\n- (p) section 182(1) and (2);\n- (q) section 183(a), (b) and (c);\n- (r) section 184;\n- (s) section 185;\n- (t) section 186;\n- (u) section 187(1) and (2)(a);\n- (v) section 188(1);\n- (w) section 189(a);\n- (x) section 190(1)(b), (d)(ii), (e), (h), (i) and (j);\n- (y) section 192;\n- (z) section 193(1);\n- (za) section 198(2);\n- (zb) section 202(2)(a);\n- (zc) section 203(2);\n- (zd) section 204(3);\n- (ze) section 207(1);\n- (zf) section 211(1)(a) and (b)(i);\n- (zg) section 212(1), (2), (4) and (5)(a)(ii).","sortOrder":486},{"sectionNumber":"sec.339","sectionType":"section","heading":"Notice to owner of categorisation","content":"### sec.339 Notice to owner of categorisation\n\nA reference to the first rate notice for a financial year in section 88(2)(a) is taken to be a reference to the first rate notice issued by a new local government for the part of the 2013–14 financial year that starts on 1 January 2014 and ends on 30 June 2014.\nSee also the Local Government (De-amalgamation Implementation) Regulation 2013 , section 40.\ns 339 ins 2013 SL No. 273 s 29","sortOrder":487},{"sectionNumber":"sec.340","sectionType":"section","heading":"5-year corporate plans","content":"### sec.340 5-year corporate plans\n\nSection 165(1) does not apply to a new local government for the 2013–14 financial year.\nNothing in this section affects the application of section 174 to a new local government.\ns 340 ins 2013 SL No. 273 s 29\n(sec.340-ssec.1) Section 165(1) does not apply to a new local government for the 2013–14 financial year.\n(sec.340-ssec.2) Nothing in this section affects the application of section 174 to a new local government.","sortOrder":488},{"sectionNumber":"sec.341","sectionType":"section","heading":"Content of budget for period ending 30 June 2014","content":"### sec.341 Content of budget for period ending 30 June 2014\n\nSection 169(2)(a), (4), (6) and (8)(a) do not apply to a new local government for the 2013–14 financial year.\nAlso, section 169(1)(b) does not apply to a new local government for the 2013–14 financial year to the extent it requires a local government’s budget to include statements for the next 2 financial years.\ns 341 ins 2013 SL No. 273 s 29\n(sec.341-ssec.1) Section 169(2)(a), (4), (6) and (8)(a) do not apply to a new local government for the 2013–14 financial year.\n(sec.341-ssec.2) Also, section 169(1)(b) does not apply to a new local government for the 2013–14 financial year to the extent it requires a local government’s budget to include statements for the next 2 financial years.","sortOrder":489},{"sectionNumber":"sec.342","sectionType":"section","heading":"Adoption and amendment of budget","content":"### sec.342 Adoption and amendment of budget\n\nSection 170(1) and (2) do not apply to a new local government for the 2013–14 financial year.\ns 342 ins 2013 SL No. 273 s 29","sortOrder":490},{"sectionNumber":"sec.343","sectionType":"section","heading":"Annual operational plan contents","content":"### sec.343 Annual operational plan contents\n\nSection 175(1)(b)(i) does not apply to a new local government for the 2013–14 financial year.\ns 343 ins 2013 SL No. 273 s 29","sortOrder":491},{"sectionNumber":"sec.344","sectionType":"section","heading":"Community financial report","content":"### sec.344 Community financial report\n\nSection 179(2)(c) does not apply to a new local government for the 2013–14 financial year.\ns 344 ins 2013 SL No. 273 s 29","sortOrder":492},{"sectionNumber":"sec.345","sectionType":"section","heading":"Requirements about discretionary funds","content":"### sec.345 Requirements about discretionary funds\n\nSection 202(5) does not apply to the mayor, the deputy mayor or the chief executive officer of a new local government for the 2013–14 financial year to the extent it requires any of them to have regard to a 5-year corporate plan for the local government.\ns 345 ins 2013 SL No. 273 s 29","sortOrder":493},{"sectionNumber":"sec.346","sectionType":"section","heading":"Statement of estimated financial position","content":"### sec.346 Statement of estimated financial position\n\nSection 205 does not apply to the chief executive officer of a new local government for the 2013–14 financial year.\ns 346 ins 2013 SL No. 273 s 29","sortOrder":494},{"sectionNumber":"sec.347","sectionType":"section","heading":"Agenda of first meetings of new local governments","content":"### sec.347 Agenda of first meetings of new local governments\n\nThe matters a new local government must consider at its first meeting include the day and time for holding other meetings.\nA first meeting is the meeting mentioned in section 306 (2) of the Act .\ns 347 ins 2013 SL No. 273 s 29\n(sec.347-ssec.1) The matters a new local government must consider at its first meeting include the day and time for holding other meetings.\n(sec.347-ssec.2) A first meeting is the meeting mentioned in section 306 (2) of the Act .","sortOrder":495},{"sectionNumber":"ch.13-pt.3","sectionType":"part","heading":"Miscellaneous provision","content":"# Miscellaneous provision","sortOrder":496},{"sectionNumber":"sec.348","sectionType":"section","heading":"Reforming a significant business activity","content":"### sec.348 Reforming a significant business activity\n\nSection 18 does not apply to a new local government until the financial year starting 1 July 2015.\ns 348 ins 2013 SL No. 273 s 29","sortOrder":497},{"sectionNumber":"ch.15-pt.1","sectionType":"part","heading":"Local government information for 2016 quadrennial elections","content":"# Local government information for 2016 quadrennial elections","sortOrder":498},{"sectionNumber":"sec.350","sectionType":"section","heading":"Local government areas and divisions for 2016 quadrennial elections— Act , s 8 (4)","content":"### sec.350 Local government areas and divisions for 2016 quadrennial elections— Act , s 8 (4)\n\nFor the purpose of the 2016 quadrennial elections—\nsections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 is taken to be a reference to schedule 1A; and\nlot 2 on plan WMT26 and lot 6 on plan WMT54 (otherwise included in the Cook Shire Council’s local government area) is taken to be included in the Lockhart River Aboriginal Shire Council’s local government area; and\nthe following lots (otherwise included in Mareeba Shire Council’s local government area) are taken to be included in the Tablelands Regional Council’s local government area—\nlot 1 on RP845179;\nlot 2 on RP868846;\nlot 3 on RP845178;\nlot 4 on SP248416;\nlot 8 on crown plan GU42;\nlot 9 on crown plan GU44;\nlot 137 on crown plan OL31;\nlot 154 on crown plan OL32; and\nlot 250 on SP116768 (otherwise included in the Tablelands Regional Council’s local government area) is taken to be included in the Mareeba Shire Council’s local government area.\nTo remove any doubt, it is declared that for all purposes other than the 2016 quadrennial elections, schedule 1 continues to state the prescribed information for local governments.\nThis section applies despite sections 6 and 7.\nIn this section—\n2016 quadrennial elections means the quadrennial elections held in 2016 under the Local Government Electoral Act 2011 .\ns 350 ins 2015 SL No. 182 s 7\n(sec.350-ssec.1) For the purpose of the 2016 quadrennial elections— sections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 is taken to be a reference to schedule 1A; and lot 2 on plan WMT26 and lot 6 on plan WMT54 (otherwise included in the Cook Shire Council’s local government area) is taken to be included in the Lockhart River Aboriginal Shire Council’s local government area; and the following lots (otherwise included in Mareeba Shire Council’s local government area) are taken to be included in the Tablelands Regional Council’s local government area— lot 1 on RP845179; lot 2 on RP868846; lot 3 on RP845178; lot 4 on SP248416; lot 8 on crown plan GU42; lot 9 on crown plan GU44; lot 137 on crown plan OL31; lot 154 on crown plan OL32; and lot 250 on SP116768 (otherwise included in the Tablelands Regional Council’s local government area) is taken to be included in the Mareeba Shire Council’s local government area.\n(sec.350-ssec.2) To remove any doubt, it is declared that for all purposes other than the 2016 quadrennial elections, schedule 1 continues to state the prescribed information for local governments.\n(sec.350-ssec.3) This section applies despite sections 6 and 7.\n(sec.350-ssec.4) In this section— 2016 quadrennial elections means the quadrennial elections held in 2016 under the Local Government Electoral Act 2011 .\n- (a) sections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 is taken to be a reference to schedule 1A; and\n- (b) lot 2 on plan WMT26 and lot 6 on plan WMT54 (otherwise included in the Cook Shire Council’s local government area) is taken to be included in the Lockhart River Aboriginal Shire Council’s local government area; and\n- (c) the following lots (otherwise included in Mareeba Shire Council’s local government area) are taken to be included in the Tablelands Regional Council’s local government area— (i) lot 1 on RP845179; (ii) lot 2 on RP868846; (iii) lot 3 on RP845178; (iv) lot 4 on SP248416; (v) lot 8 on crown plan GU42; (vi) lot 9 on crown plan GU44; (vii) lot 137 on crown plan OL31; (viii) lot 154 on crown plan OL32; and\n- (i) lot 1 on RP845179;\n- (ii) lot 2 on RP868846;\n- (iii) lot 3 on RP845178;\n- (iv) lot 4 on SP248416;\n- (v) lot 8 on crown plan GU42;\n- (vi) lot 9 on crown plan GU44;\n- (vii) lot 137 on crown plan OL31;\n- (viii) lot 154 on crown plan OL32; and\n- (d) lot 250 on SP116768 (otherwise included in the Tablelands Regional Council’s local government area) is taken to be included in the Mareeba Shire Council’s local government area.\n- (i) lot 1 on RP845179;\n- (ii) lot 2 on RP868846;\n- (iii) lot 3 on RP845178;\n- (iv) lot 4 on SP248416;\n- (v) lot 8 on crown plan GU42;\n- (vi) lot 9 on crown plan GU44;\n- (vii) lot 137 on crown plan OL31;\n- (viii) lot 154 on crown plan OL32; and","sortOrder":499},{"sectionNumber":"ch.15-pt.2","sectionType":"part","heading":"Continuation of local government areas after 2016 quadrennial election","content":"# Continuation of local government areas after 2016 quadrennial election","sortOrder":500},{"sectionNumber":"sec.351","sectionType":"section","heading":"Temporary continuation of local government areas","content":"### sec.351 Temporary continuation of local government areas\n\nDespite the commencement of the amendment regulation, sections 6 and 7 and schedule 1, as in force immediately before 19 March 2016, continue to apply for a local government until the conclusion of the 2016 quadrennial elections for the local government.\nHowever, if a place is excluded from one local government’s area and included in another local government’s area because of a boundary change, the inclusion and exclusion happens at the earlier conclusion of the 2016 quadrennial elections for either local government.\nThis section applies despite sections 6 and 7, and schedule 1.\nIn this section—\n2016 quadrennial elections means the quadrennial election held in 2016 under the Local Government Electoral Act 2011 .\namendment regulation means the Local Government Legislation Amendment Regulation (No. 3) 2015 .\nboundary change , for a local government, means the boundaries of its local government area, as shown on its area map mentioned in former schedule 1, are different to the boundaries of the area as shown on its area map mentioned in new schedule 1.\nformer schedule 1 means schedule 1 as in force immediately before 19 March 2016.\nnew schedule 1 means schedule 1 as in force immediately after 19 March 2016.\ns 351 ins 2015 SL No. 182 s 19\n(sec.351-ssec.1) Despite the commencement of the amendment regulation, sections 6 and 7 and schedule 1, as in force immediately before 19 March 2016, continue to apply for a local government until the conclusion of the 2016 quadrennial elections for the local government.\n(sec.351-ssec.2) However, if a place is excluded from one local government’s area and included in another local government’s area because of a boundary change, the inclusion and exclusion happens at the earlier conclusion of the 2016 quadrennial elections for either local government.\n(sec.351-ssec.3) This section applies despite sections 6 and 7, and schedule 1.\n(sec.351-ssec.4) In this section— 2016 quadrennial elections means the quadrennial election held in 2016 under the Local Government Electoral Act 2011 . amendment regulation means the Local Government Legislation Amendment Regulation (No. 3) 2015 . boundary change , for a local government, means the boundaries of its local government area, as shown on its area map mentioned in former schedule 1, are different to the boundaries of the area as shown on its area map mentioned in new schedule 1. former schedule 1 means schedule 1 as in force immediately before 19 March 2016. new schedule 1 means schedule 1 as in force immediately after 19 March 2016.","sortOrder":501},{"sectionNumber":"ch.18-pt.1","sectionType":"part","heading":"Local government areas and divisions for 2020 quadrennial election","content":"# Local government areas and divisions for 2020 quadrennial election","sortOrder":502},{"sectionNumber":"sec.355","sectionType":"section","heading":"Local government areas and divisions for 2020 quadrennial election— Act , s 8","content":"### sec.355 Local government areas and divisions for 2020 quadrennial election— Act , s 8\n\nFor the purpose of the 2020 quadrennial election—\nsections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 were a reference to schedule 1A; and\nlot 155 on plan FY2699 (otherwise included in the South Burnett Regional Council’s local government area) is taken to be included in the Toowoomba Regional Council’s local government area.\nTo remove any doubt, it is declared that for all purposes other than the 2020 quadrennial election, schedule 1 continues to state the prescribed information for local governments.\nThis section applies despite sections 6 and 7.\nIn this section—\n2020 quadrennial election means the quadrennial election held in 2020.\ns 355 ins 2019 SL No. 259 s 17\n(sec.355-ssec.1) For the purpose of the 2020 quadrennial election— sections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 were a reference to schedule 1A; and lot 155 on plan FY2699 (otherwise included in the South Burnett Regional Council’s local government area) is taken to be included in the Toowoomba Regional Council’s local government area.\n(sec.355-ssec.2) To remove any doubt, it is declared that for all purposes other than the 2020 quadrennial election, schedule 1 continues to state the prescribed information for local governments.\n(sec.355-ssec.3) This section applies despite sections 6 and 7.\n(sec.355-ssec.4) In this section— 2020 quadrennial election means the quadrennial election held in 2020.\n- (a) sections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 were a reference to schedule 1A; and\n- (b) lot 155 on plan FY2699 (otherwise included in the South Burnett Regional Council’s local government area) is taken to be included in the Toowoomba Regional Council’s local government area.","sortOrder":503},{"sectionNumber":"ch.18-pt.2","sectionType":"part","heading":"Continuation of local government areas and divisions after 2020 quadrennial election","content":"# Continuation of local government areas and divisions after 2020 quadrennial election","sortOrder":504},{"sectionNumber":"sec.356","sectionType":"section","heading":"Temporary continuation of local government areas and divisions","content":"### sec.356 Temporary continuation of local government areas and divisions\n\nSections 6 and 7 and schedule 1, as in force immediately before the commencement, continue to apply for a local government until the conclusion of the 2020 quadrennial election for the local government.\nHowever, if a place is excluded from a local government’s local government area and included in another local government’s local government area because of a boundary change, the inclusion and exclusion take effect at the earlier conclusion of the 2020 quadrennial election for either local government.\nThis section applies despite sections 6 and 7 and schedule 1.\nIn this section—\n2020 quadrennial election means the quadrennial election held in 2020.\nboundary change means a change from the boundaries shown on a local government’s area map mentioned in former schedule 1 to the boundaries shown on the local government’s area map mentioned in new schedule 1.\nformer schedule 1 means schedule 1 as in force immediately before the commencement.\nnew schedule 1 means schedule 1 as in force immediately after the commencement.\ns 356 ins 2019 SL No. 259 s 20\n(sec.356-ssec.1) Sections 6 and 7 and schedule 1, as in force immediately before the commencement, continue to apply for a local government until the conclusion of the 2020 quadrennial election for the local government.\n(sec.356-ssec.2) However, if a place is excluded from a local government’s local government area and included in another local government’s local government area because of a boundary change, the inclusion and exclusion take effect at the earlier conclusion of the 2020 quadrennial election for either local government.\n(sec.356-ssec.3) This section applies despite sections 6 and 7 and schedule 1.\n(sec.356-ssec.4) In this section— 2020 quadrennial election means the quadrennial election held in 2020. boundary change means a change from the boundaries shown on a local government’s area map mentioned in former schedule 1 to the boundaries shown on the local government’s area map mentioned in new schedule 1. former schedule 1 means schedule 1 as in force immediately before the commencement. new schedule 1 means schedule 1 as in force immediately after the commencement. s 356 ins 2019 SL No. 259 s 20","sortOrder":505},{"sectionNumber":"ch.24-pt.1","sectionType":"part","heading":"Local government areas and divisions for 2024 quadrennial election","content":"# Local government areas and divisions for 2024 quadrennial election","sortOrder":506},{"sectionNumber":"sec.369","sectionType":"section","heading":"Local government areas and divisions for 2024 quadrennial election— Act , s 8","content":"### sec.369 Local government areas and divisions for 2024 quadrennial election— Act , s 8\n\nFor the purpose of the 2024 quadrennial election—\nsections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 were a reference to schedule 1A; and\nlot 66 on RP825862 (otherwise included in the South Burnett Regional Council’s local government area) is taken to be included in the Gympie Regional Council’s local government area; and\nthe parts of lots 5 and 6 on SP264451 and the part of lot 7 on SP288601, including the road reserve area of Mount Neale Road adjacent to the lots (otherwise included in the Lockyer Valley Regional Council’s local government area) are taken to be included in the Toowoomba Regional Council’s local government area; and\nthe part of lot 84 on crown plan CC389 (otherwise included in the Lockyer Valley Regional Council’s local government area) is taken to be included in the Ipswich City Council’s local government area; and\nthe parts of lots 14 and 16 on SP200498 and the area of Coynes Road adjoining lot 14 on SP200498 (otherwise located in the Ipswich City Council’s local government area) are taken to be included in the Locker Valley Regional Council’s local government area; and\nthe part of lot 355 on crown plan CH312304 (otherwise located in the Toowoomba Regional Council’s local government area) is taken to be included in the Lockyer Valley Regional Council’s local government area.\nTo remove any doubt, it is declared that for all purposes other than the 2024 quadrennial election, schedule 1 continues to state the prescribed information for local governments.\nThis section applies despite sections 6 and 7.\ns 369 ins 2023 SL No. 189 s 6\n(sec.369-ssec.1) For the purpose of the 2024 quadrennial election— sections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 were a reference to schedule 1A; and lot 66 on RP825862 (otherwise included in the South Burnett Regional Council’s local government area) is taken to be included in the Gympie Regional Council’s local government area; and the parts of lots 5 and 6 on SP264451 and the part of lot 7 on SP288601, including the road reserve area of Mount Neale Road adjacent to the lots (otherwise included in the Lockyer Valley Regional Council’s local government area) are taken to be included in the Toowoomba Regional Council’s local government area; and the part of lot 84 on crown plan CC389 (otherwise included in the Lockyer Valley Regional Council’s local government area) is taken to be included in the Ipswich City Council’s local government area; and the parts of lots 14 and 16 on SP200498 and the area of Coynes Road adjoining lot 14 on SP200498 (otherwise located in the Ipswich City Council’s local government area) are taken to be included in the Locker Valley Regional Council’s local government area; and the part of lot 355 on crown plan CH312304 (otherwise located in the Toowoomba Regional Council’s local government area) is taken to be included in the Lockyer Valley Regional Council’s local government area.\n(sec.369-ssec.2) To remove any doubt, it is declared that for all purposes other than the 2024 quadrennial election, schedule 1 continues to state the prescribed information for local governments.\n(sec.369-ssec.3) This section applies despite sections 6 and 7.\n- (a) sections 6 and 7 apply as if a reference to schedule 1 in section 6 or 7 were a reference to schedule 1A; and\n- (b) lot 66 on RP825862 (otherwise included in the South Burnett Regional Council’s local government area) is taken to be included in the Gympie Regional Council’s local government area; and\n- (c) the parts of lots 5 and 6 on SP264451 and the part of lot 7 on SP288601, including the road reserve area of Mount Neale Road adjacent to the lots (otherwise included in the Lockyer Valley Regional Council’s local government area) are taken to be included in the Toowoomba Regional Council’s local government area; and\n- (d) the part of lot 84 on crown plan CC389 (otherwise included in the Lockyer Valley Regional Council’s local government area) is taken to be included in the Ipswich City Council’s local government area; and\n- (e) the parts of lots 14 and 16 on SP200498 and the area of Coynes Road adjoining lot 14 on SP200498 (otherwise located in the Ipswich City Council’s local government area) are taken to be included in the Locker Valley Regional Council’s local government area; and\n- (f) the part of lot 355 on crown plan CH312304 (otherwise located in the Toowoomba Regional Council’s local government area) is taken to be included in the Lockyer Valley Regional Council’s local government area.","sortOrder":507},{"sectionNumber":"ch.24-pt.2","sectionType":"part","heading":"Continuation of local government areas and divisions after 2024 quadrennial election","content":"# Continuation of local government areas and divisions after 2024 quadrennial election","sortOrder":508},{"sectionNumber":"sec.370","sectionType":"section","heading":"Temporary continuation of local government areas and divisions","content":"### sec.370 Temporary continuation of local government areas and divisions\n\nSections 6 and 7 and schedule 1, as in force immediately before the commencement, continue to apply for a local government until the conclusion of the 2024 quadrennial election for the local government.\nHowever, if a place is excluded from a local government’s local government area and included in another local government’s local government area because of a boundary change, the inclusion and exclusion take effect at the earlier conclusion of the 2024 quadrennial election for either local government.\nThis section applies despite sections 6 and 7 and schedule 1.\nIn this section—\namended schedule 1 means schedule 1 as in force on the commencement.\nboundary change means a change from the boundaries shown on a local government’s area map mentioned in former schedule 1 to the boundaries shown on the local government’s area map mentioned in amended schedule 1.\nformer schedule 1 means schedule 1 as in force before the commencement.\ns 370 ins 2023 SL No. 189 s 10\n(sec.370-ssec.1) Sections 6 and 7 and schedule 1, as in force immediately before the commencement, continue to apply for a local government until the conclusion of the 2024 quadrennial election for the local government.\n(sec.370-ssec.2) However, if a place is excluded from a local government’s local government area and included in another local government’s local government area because of a boundary change, the inclusion and exclusion take effect at the earlier conclusion of the 2024 quadrennial election for either local government.\n(sec.370-ssec.3) This section applies despite sections 6 and 7 and schedule 1.\n(sec.370-ssec.4) In this section— amended schedule 1 means schedule 1 as in force on the commencement. boundary change means a change from the boundaries shown on a local government’s area map mentioned in former schedule 1 to the boundaries shown on the local government’s area map mentioned in amended schedule 1. former schedule 1 means schedule 1 as in force before the commencement.","sortOrder":509},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Local government changes","content":"# Local government changes","sortOrder":510},{"sectionNumber":"sch.3-sec.1","sectionType":"section","heading":"Change in boundaries from 2016 Quadrennial elections","content":"### sch.3-sec.1 Change in boundaries from 2016 Quadrennial elections\n\nThis section applies to the following local government changes—\na boundary change affecting both the Central Highlands Regional Council and the Isaac Regional Council;\na boundary change affecting both the Southern Downs Regional Council and the Toowoomba Regional Council;\na boundary change affecting both the Balonne Shire Council and the Western Downs Regional Council;\nthe exclusion of lot 2 on plan WMT26 and lot 6 on plan WMT54 from the Cook Shire Council’s local government area and the inclusion of the lots in the Lockhart River Aboriginal Shire Council’s local government area;\nthe exclusion of the following lots from the Mareeba Shire Council’s local government area and the inclusion of the lots in the Tablelands Regional Council’s local government area—\nlot 1 on RP845179;\nlot 2 on RP868846;\nlot 3 on RP845178;\nlot 4 on SP248416;\nlot 8 on crown plan GU42;\nlot 9 on crown plan GU44;\nlot 137 on crown plan OL31;\nlot 154 on crown plan OL32; and\nthe exclusion of lot 250 on SP116768 from the Tablelands Regional Council’s local government area and the inclusion of the lot in the Mareeba Shire Council’s local government area.\nA local government change affecting 2 local governments happens at the earlier conclusion of the 2016 quadrennial elections for either local government.\nIf the Isaac Regional Council’s 2016 quadrennial elections concludes before the Central Highlands Regional Council’s elections conclude, the local government change mentioned in subsection (1) (a) takes effect at the conclusion of the Isaac Regional Council’s 2016 quadrennial elections.\nsch 3 s 1 ins 2013 SL No. 86 s 13\nsub 2015 SL No. 182 s 22\n(sch.3-sec.1-ssec.1) This section applies to the following local government changes— a boundary change affecting both the Central Highlands Regional Council and the Isaac Regional Council; a boundary change affecting both the Southern Downs Regional Council and the Toowoomba Regional Council; a boundary change affecting both the Balonne Shire Council and the Western Downs Regional Council; the exclusion of lot 2 on plan WMT26 and lot 6 on plan WMT54 from the Cook Shire Council’s local government area and the inclusion of the lots in the Lockhart River Aboriginal Shire Council’s local government area; the exclusion of the following lots from the Mareeba Shire Council’s local government area and the inclusion of the lots in the Tablelands Regional Council’s local government area— lot 1 on RP845179; lot 2 on RP868846; lot 3 on RP845178; lot 4 on SP248416; lot 8 on crown plan GU42; lot 9 on crown plan GU44; lot 137 on crown plan OL31; lot 154 on crown plan OL32; and the exclusion of lot 250 on SP116768 from the Tablelands Regional Council’s local government area and the inclusion of the lot in the Mareeba Shire Council’s local government area.\n(sch.3-sec.1-ssec.2) A local government change affecting 2 local governments happens at the earlier conclusion of the 2016 quadrennial elections for either local government. If the Isaac Regional Council’s 2016 quadrennial elections concludes before the Central Highlands Regional Council’s elections conclude, the local government change mentioned in subsection (1) (a) takes effect at the conclusion of the Isaac Regional Council’s 2016 quadrennial elections.\n- (a) a boundary change affecting both the Central Highlands Regional Council and the Isaac Regional Council;\n- (b) a boundary change affecting both the Southern Downs Regional Council and the Toowoomba Regional Council;\n- (c) a boundary change affecting both the Balonne Shire Council and the Western Downs Regional Council;\n- (d) the exclusion of lot 2 on plan WMT26 and lot 6 on plan WMT54 from the Cook Shire Council’s local government area and the inclusion of the lots in the Lockhart River Aboriginal Shire Council’s local government area;\n- (e) the exclusion of the following lots from the Mareeba Shire Council’s local government area and the inclusion of the lots in the Tablelands Regional Council’s local government area— (i) lot 1 on RP845179; (ii) lot 2 on RP868846; (iii) lot 3 on RP845178; (iv) lot 4 on SP248416; (v) lot 8 on crown plan GU42; (vi) lot 9 on crown plan GU44; (vii) lot 137 on crown plan OL31; (viii) lot 154 on crown plan OL32; and\n- (i) lot 1 on RP845179;\n- (ii) lot 2 on RP868846;\n- (iii) lot 3 on RP845178;\n- (iv) lot 4 on SP248416;\n- (v) lot 8 on crown plan GU42;\n- (vi) lot 9 on crown plan GU44;\n- (vii) lot 137 on crown plan OL31;\n- (viii) lot 154 on crown plan OL32; and\n- (f) the exclusion of lot 250 on SP116768 from the Tablelands Regional Council’s local government area and the inclusion of the lot in the Mareeba Shire Council’s local government area.\n- (i) lot 1 on RP845179;\n- (ii) lot 2 on RP868846;\n- (iii) lot 3 on RP845178;\n- (iv) lot 4 on SP248416;\n- (v) lot 8 on crown plan GU42;\n- (vi) lot 9 on crown plan GU44;\n- (vii) lot 137 on crown plan OL31;\n- (viii) lot 154 on crown plan OL32; and","sortOrder":511},{"sectionNumber":"sch.3-sec.1A","sectionType":"section","heading":"Change in boundaries for Bundaberg Regional Council","content":"### sch.3-sec.1A Change in boundaries for Bundaberg Regional Council\n\nThat part of the Coral Sea east from Burnett Heads to Burrum Heads across to the shoreline of Fraser Island is included in the Bundaberg Regional Council’s local government area.\nThe local government change mentioned in subsection (1) takes effect at the conclusion of the 2016 quadrennial elections for the Bundaberg Regional Council.\nsch 3 s 1A ins 2015 SL No. 182 s 22\namd 2016 SL No. 195 s 9\n(sch.3-sec.1A-ssec.1) That part of the Coral Sea east from Burnett Heads to Burrum Heads across to the shoreline of Fraser Island is included in the Bundaberg Regional Council’s local government area.\n(sch.3-sec.1A-ssec.2) The local government change mentioned in subsection (1) takes effect at the conclusion of the 2016 quadrennial elections for the Bundaberg Regional Council. sch 3 s 1A ins 2015 SL No. 182 s 22","sortOrder":512},{"sectionNumber":"sch.3-sec.1B","sectionType":"section","heading":"Change in boundaries affecting both Aurukun Shire Council and Cook Shire Council","content":"### sch.3-sec.1B Change in boundaries affecting both Aurukun Shire Council and Cook Shire Council\n\nThe part of lot 653 on survey plan SP178000 that was not in the Aurukun Shire Council’s local government area immediately before the commencement is—\nexcluded from the Cook Shire Council’s local government area; and\nincluded in the Aurukun Shire Council’s local government area.\nThe local government change mentioned in subsection (1) takes effect on the commencement.\nA copy of the change commission’s report titled ‘Report on a change to the external boundary of the Aurukun Shire Council and Cook Shire Council’ dated January 2016 can be viewed on the website of the electoral commission.\nsch 3 s 1B ins 2016 SL No. 195 s 10\n(sch.3-sec.1B-ssec.1) The part of lot 653 on survey plan SP178000 that was not in the Aurukun Shire Council’s local government area immediately before the commencement is—\n(sch.3-sec.1B-ssec) excluded from the Cook Shire Council’s local government area; and included in the Aurukun Shire Council’s local government area.\n(sch.3-sec.1B-ssec.2) The local government change mentioned in subsection (1) takes effect on the commencement. A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Aurukun Shire Council and Cook Shire Council’ dated January 2016 can be viewed on the website of the electoral commission.\n- (a) excluded from the Cook Shire Council’s local government area; and\n- (b) included in the Aurukun Shire Council’s local government area.","sortOrder":513},{"sectionNumber":"sch.3-sec.1C","sectionType":"section","heading":"Change in boundaries affecting both Brisbane City Council and Moreton Bay Regional Council","content":"### sch.3-sec.1C Change in boundaries affecting both Brisbane City Council and Moreton Bay Regional Council\n\nThe part of lot 1 on plan MPH20165, and the part of lot 220 on plan SL8499, that were not in the Brisbane City Council’s local government area immediately before the commencement are—\nexcluded from the Moreton Bay Regional Council’s local government area; and\nincluded in the Brisbane City Council’s local government area.\nThe local government changes mentioned in subsection (1) take effect on the commencement.\nFor the external boundaries of Brisbane, see the City of Brisbane Regulation 2012 , section 3 (1) .\nA copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.\nsch 3 s 1C ins 2016 SL No. 195 s 10\n(sch.3-sec.1C-ssec.1) The part of lot 1 on plan MPH20165, and the part of lot 220 on plan SL8499, that were not in the Brisbane City Council’s local government area immediately before the commencement are— excluded from the Moreton Bay Regional Council’s local government area; and included in the Brisbane City Council’s local government area.\n(sch.3-sec.1C-ssec.2) The local government changes mentioned in subsection (1) take effect on the commencement. For the external boundaries of Brisbane, see the City of Brisbane Regulation 2012 , section 3 (1) . A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.\n- (a) excluded from the Moreton Bay Regional Council’s local government area; and\n- (b) included in the Brisbane City Council’s local government area.\n- 1 For the external boundaries of Brisbane, see the City of Brisbane Regulation 2012 , section 3 (1) .\n- 2 A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.","sortOrder":514},{"sectionNumber":"sch.3-sec.1D","sectionType":"section","heading":"Change in boundary affecting only Moreton Bay Regional Council","content":"### sch.3-sec.1D Change in boundary affecting only Moreton Bay Regional Council\n\nThe area occupied by the Ted Smout Memorial Bridge across Hays Inlet is included in the Moreton Bay Regional Council’s local government area.\nThe local government change mentioned in subsection (1) takes effect on the commencement.\nA copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.\nsch 3 s 1D ins 2016 SL No. 195 s 10\n(sch.3-sec.1D-ssec.1) The area occupied by the Ted Smout Memorial Bridge across Hays Inlet is included in the Moreton Bay Regional Council’s local government area.\n(sch.3-sec.1D-ssec.2) The local government change mentioned in subsection (1) takes effect on the commencement. A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Brisbane City Council and Moreton Bay Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.","sortOrder":515},{"sectionNumber":"sch.3-sec.1E","sectionType":"section","heading":"Change in boundaries affecting both Goondiwindi Regional Council and Western Downs Regional Council","content":"### sch.3-sec.1E Change in boundaries affecting both Goondiwindi Regional Council and Western Downs Regional Council\n\nThe part of lot 8 on crown plan CVN344, and the part of lot 1 on survey plan SP254479, that were not in the Goondiwindi Regional Council’s local government area immediately before the commencement are—\nexcluded from the Western Downs Regional Council’s local government area; and\nincluded in the Goondiwindi Regional Council’s local government area.\nThe local government changes mentioned in subsection (1) take effect on the commencement.\nA copy of the change commission’s report titled ‘Report on a change to the external boundary of the Goondiwindi Regional Council and Western Downs Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.\nsch 3 s 1E ins 2016 SL No. 195 s 10\n(sch.3-sec.1E-ssec.1) The part of lot 8 on crown plan CVN344, and the part of lot 1 on survey plan SP254479, that were not in the Goondiwindi Regional Council’s local government area immediately before the commencement are— excluded from the Western Downs Regional Council’s local government area; and included in the Goondiwindi Regional Council’s local government area.\n(sch.3-sec.1E-ssec.2) The local government changes mentioned in subsection (1) take effect on the commencement. A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Goondiwindi Regional Council and Western Downs Regional Council’ dated November 2015 can be viewed on the website of the electoral commission.\n- (a) excluded from the Western Downs Regional Council’s local government area; and\n- (b) included in the Goondiwindi Regional Council’s local government area.","sortOrder":516},{"sectionNumber":"sch.3-sec.1F","sectionType":"section","heading":"Change in boundaries affecting both Maranoa Regional Council and Western Downs Regional Council","content":"### sch.3-sec.1F Change in boundaries affecting both Maranoa Regional Council and Western Downs Regional Council\n\nThe part of lot 9 on survey plan SP236780, and the part of lot 43 on crown plan EG130, that were not in the Western Downs Regional Council’s local government area immediately before the commencement are—\nexcluded from the Maranoa Regional Council’s local government area; and\nincluded in the Western Downs Regional Council’s local government area.\nThe part of each of the following lots that was not in the Maranoa Regional Council’s local government area immediately before the commencement is excluded from the Western Downs Regional Council’s local government area and included in the Maranoa Regional Council’s local government area—\nlot 22 on survey plan SP248280;\nlot 368 on crown plan FTY535;\nlot 70 on crown plan WV631;\nlot 1 on crown plan AB110.\nThe local government changes mentioned in subsection (1) or (2) take effect on the commencement.\nA copy of the change commission’s report titled ‘Report on a change to the external boundary of the Maranoa Regional Council and Western Downs Regional Council’ dated January 2016 can be viewed on the website of the electoral commission.\nsch 3 s 1F ins 2016 SL No. 195 s 10\n(sch.3-sec.1F-ssec.1) The part of lot 9 on survey plan SP236780, and the part of lot 43 on crown plan EG130, that were not in the Western Downs Regional Council’s local government area immediately before the commencement are— excluded from the Maranoa Regional Council’s local government area; and included in the Western Downs Regional Council’s local government area.\n(sch.3-sec.1F-ssec.2) The part of each of the following lots that was not in the Maranoa Regional Council’s local government area immediately before the commencement is excluded from the Western Downs Regional Council’s local government area and included in the Maranoa Regional Council’s local government area— lot 22 on survey plan SP248280; lot 368 on crown plan FTY535; lot 70 on crown plan WV631; lot 1 on crown plan AB110.\n(sch.3-sec.1F-ssec.3) The local government changes mentioned in subsection (1) or (2) take effect on the commencement. A copy of the change commission’s report titled ‘Report on a change to the external boundary of the Maranoa Regional Council and Western Downs Regional Council’ dated January 2016 can be viewed on the website of the electoral commission.\n- (a) excluded from the Maranoa Regional Council’s local government area; and\n- (b) included in the Western Downs Regional Council’s local government area.\n- (a) lot 22 on survey plan SP248280;\n- (b) lot 368 on crown plan FTY535;\n- (c) lot 70 on crown plan WV631;\n- (d) lot 1 on crown plan AB110.","sortOrder":517},{"sectionNumber":"sch.3-sec.1G","sectionType":"section","heading":"Change in boundaries affecting the Barcoo Shire Council, Bulloo Shire Council, Paroo Shire Council and Quilpie Shire Council","content":"### sch.3-sec.1G Change in boundaries affecting the Barcoo Shire Council, Bulloo Shire Council, Paroo Shire Council and Quilpie Shire Council\n\nAll parts of lot 434 on SP271043 that were not in Quilpie Shire Council’s local government area immediately before the commencement are—\nexcluded from the Barcoo Shire Council’s local government area; and\nincluded in the Quilpie Shire Council’s local government area.\nAll parts of lot 6 on SP196201 that were not in Quilpie Shire Council’s local government area immediately before the commencement are—\nexcluded from the Bulloo Shire Council’s local government area; and\nincluded in the Quilpie Shire Council’s local government area.\nAll parts of lot 5096 on crown plan PH550 that were not in Paroo Shire Council’s local government area immediately before the commencement are—\nexcluded from the Bulloo Shire Council’s local government area; and\nincluded in the Paroo Shire Council’s local government area.\nAll parts of lot 2 on crown plan AD3 that were not in Barcoo Shire Council’s local government area immediately before the commencement are—\nexcluded from the Bulloo Shire Council’s local government area; and\nincluded in the Barcoo Shire Council’s local government area.\nAll parts of the following lots that were not in Barcoo Shire Council’s local government area immediately before the commencement are excluded from the Quilpie Shire Council’s local government area and included in the Barcoo Shire Council’s local government area—\nlot 3349 on SP276963;\nlot 5 on crown plan GE39;\nlot 4195 on crown plan PH288.\nAll parts of lot 3 on crown plan B122 that were not in Bulloo Shire Council’s local government area immediately before the commencement are—\nexcluded from the Quilpie Shire Council’s local government area; and\nincluded in the Bulloo Shire Council’s local government area.\nThe local government changes mentioned in subsection (1) to (6) take effect on the commencement.\nA copy of the change commission’s report titled ‘Addendum Report on a Change to the External Boundary of the Barcoo, Bulloo, Paroo and Quilpie Shire Councils’ dated February 2017 can be viewed on the website of the electoral commission.\nsch 3 s 1G ins 2017 SL No. 65 s 9\n(sch.3-sec.1G-ssec.1) All parts of lot 434 on SP271043 that were not in Quilpie Shire Council’s local government area immediately before the commencement are— excluded from the Barcoo Shire Council’s local government area; and included in the Quilpie Shire Council’s local government area.\n(sch.3-sec.1G-ssec.2) All parts of lot 6 on SP196201 that were not in Quilpie Shire Council’s local government area immediately before the commencement are— excluded from the Bulloo Shire Council’s local government area; and included in the Quilpie Shire Council’s local government area.\n(sch.3-sec.1G-ssec.3) All parts of lot 5096 on crown plan PH550 that were not in Paroo Shire Council’s local government area immediately before the commencement are— excluded from the Bulloo Shire Council’s local government area; and included in the Paroo Shire Council’s local government area.\n(sch.3-sec.1G-ssec.4) All parts of lot 2 on crown plan AD3 that were not in Barcoo Shire Council’s local government area immediately before the commencement are— excluded from the Bulloo Shire Council’s local government area; and included in the Barcoo Shire Council’s local government area.\n(sch.3-sec.1G-ssec.5) All parts of the following lots that were not in Barcoo Shire Council’s local government area immediately before the commencement are excluded from the Quilpie Shire Council’s local government area and included in the Barcoo Shire Council’s local government area— lot 3349 on SP276963; lot 5 on crown plan GE39; lot 4195 on crown plan PH288.\n(sch.3-sec.1G-ssec.6) All parts of lot 3 on crown plan B122 that were not in Bulloo Shire Council’s local government area immediately before the commencement are— excluded from the Quilpie Shire Council’s local government area; and included in the Bulloo Shire Council’s local government area.\n(sch.3-sec.1G-ssec.7) The local government changes mentioned in subsection (1) to (6) take effect on the commencement. A copy of the change commission’s report titled ‘Addendum Report on a Change to the External Boundary of the Barcoo, Bulloo, Paroo and Quilpie Shire Councils’ dated February 2017 can be viewed on the website of the electoral commission.\n- (a) excluded from the Barcoo Shire Council’s local government area; and\n- (b) included in the Quilpie Shire Council’s local government area.\n- (a) excluded from the Bulloo Shire Council’s local government area; and\n- (b) included in the Quilpie Shire Council’s local government area.\n- (a) excluded from the Bulloo Shire Council’s local government area; and\n- (b) included in the Paroo Shire Council’s local government area.\n- (a) excluded from the Bulloo Shire Council’s local government area; and\n- (b) included in the Barcoo Shire Council’s local government area.\n- (a) lot 3349 on SP276963;\n- (b) lot 5 on crown plan GE39;\n- (c) lot 4195 on crown plan PH288.\n- (a) excluded from the Quilpie Shire Council’s local government area; and\n- (b) included in the Bulloo Shire Council’s local government area.","sortOrder":518},{"sectionNumber":"sch.3-sec.1H","sectionType":"section","heading":"Change in boundaries affecting both South Burnett Regional Council and Toowoomba Regional Council","content":"### sch.3-sec.1H Change in boundaries affecting both South Burnett Regional Council and Toowoomba Regional Council\n\nLot 155 on plan FY2699 is—\nexcluded from the South Burnett Regional Council’s local government area; and\nincluded in the Toowoomba Regional Council’s local government area.\nThe local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2020 quadrennial election for either local government.\nIf the South Burnett Regional Council’s 2020 quadrennial election concludes before the Toowoomba Regional Council’s election concludes, the local government change mentioned in subsection (1) takes effect at the conclusion of the South Burnett Regional Council’s 2020 quadrennial election.\nIn this section—\n2020 quadrennial election means the quadrennial election held in 2020.\nA copy of the change commission’s report titled ‘Review of external boundaries—2018 final determination—Toowoomba Regional and South Burnett Regional local government areas’ dated December 2018 can be viewed on the electoral commission’s website.\nsch 3 s 1H ins 2019 SL No. 259 s 23\n(sch.3-sec.1H-ssec.1) Lot 155 on plan FY2699 is— excluded from the South Burnett Regional Council’s local government area; and included in the Toowoomba Regional Council’s local government area.\n(sch.3-sec.1H-ssec.2) The local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2020 quadrennial election for either local government. If the South Burnett Regional Council’s 2020 quadrennial election concludes before the Toowoomba Regional Council’s election concludes, the local government change mentioned in subsection (1) takes effect at the conclusion of the South Burnett Regional Council’s 2020 quadrennial election.\n(sch.3-sec.1H-ssec.3) In this section— 2020 quadrennial election means the quadrennial election held in 2020.\n- (a) excluded from the South Burnett Regional Council’s local government area; and\n- (b) included in the Toowoomba Regional Council’s local government area.","sortOrder":519},{"sectionNumber":"sch.3-sec.1I","sectionType":"section","heading":"Change in boundaries affecting both Toowoomba Regional Council and Western Downs Regional Council","content":"### sch.3-sec.1I Change in boundaries affecting both Toowoomba Regional Council and Western Downs Regional Council\n\nThe part of lot 3 on RP24469, and the part of lot 75 on AG613, that were not in the Toowoomba Regional Council’s local government area immediately before the commencement are—\nexcluded from the Western Downs Regional Council’s local government area; and\nincluded in the Toowoomba Regional Council’s local government area.\nThe local government changes mentioned in subsection (1) take effect on the commencement.\nA copy of the change commission’s report titled ‘External boundary review—2021 final determination— Toowoomba Regional Council and Western Downs Regional Council’ can be viewed on the website of the electoral commission.\nsch 3 s 1I ins 2022 SL No. 10 s 4\n(sch.3-sec.1I-ssec.1) The part of lot 3 on RP24469, and the part of lot 75 on AG613, that were not in the Toowoomba Regional Council’s local government area immediately before the commencement are— excluded from the Western Downs Regional Council’s local government area; and included in the Toowoomba Regional Council’s local government area.\n(sch.3-sec.1I-ssec.2) The local government changes mentioned in subsection (1) take effect on the commencement. A copy of the change commission’s report titled ‘External boundary review—2021 final determination— Toowoomba Regional Council and Western Downs Regional Council’ can be viewed on the website of the electoral commission.\n- (a) excluded from the Western Downs Regional Council’s local government area; and\n- (b) included in the Toowoomba Regional Council’s local government area.","sortOrder":520},{"sectionNumber":"sch.3-sec.1J","sectionType":"section","heading":"Change in boundaries affecting the Barcaldine Regional Council and adjoining councils","content":"### sch.3-sec.1J Change in boundaries affecting the Barcaldine Regional Council and adjoining councils\n\nAll or part of a lot mentioned in column 1 of the following table, that is not in the local government area of the local government stated in column 3 of the table shown opposite the lot immediately before the commencement, is—\nexcluded from the local government area of the local government stated in column 2 of the table shown opposite the lot; and\nincluded in the local government area of the local government stated in column 3 of the table shown opposite the lot.\nColumn 1\nColumn 2\nColumn 3\nLot affected\nLocal government area excluded from\nLocal government area included in\nLot 1 on RP617241\nBlackall-Tambo Regional Council\nBarcaldine Regional Council\nLot 10 on crown plan MX814407\nBarcaldine Regional Council\nBlackall-Tambo Regional Council\nLot 3 on crown plan DM2\nCentral Highlands Regional Council\nBarcaldine Regional Council\nLot 1 on crown plan DM6\nCentral Highlands Regional Council\nBarcaldine Regional Council\nLot 2 on crown plan DM6\nCentral Highlands Regional Council\nBarcaldine Regional Council\nLot 4 on crown plan BE96\nCentral Highlands Regional Council\nBarcaldine Regional Council\nLot 2 on crown plan PT353\nBarcaldine Regional Council\nCentral Highlands Regional Council\nLot 3606 on crown plan PH507\nCharters Towers Regional Council\nBarcaldine Regional Council\nLot 4479 on crown plan PH1927\nBarcaldine Regional Council\nCharters Towers Regional Council\nLot 38 on SP291988\nBarcaldine Regional Council\nFlinders Shire Council\nLot 3 on crown plan DR26\nIsaac Regional Council\nBarcaldine Regional Council\nLot 3 on crown plan BE57\nIsaac Regional Council\nBarcaldine Regional Council\nLot 4 on crown plan BE57\nIsaac Regional Council\nBarcaldine Regional Council\nLot 5 on crown plan BE57\nIsaac Regional Council\nBarcaldine Regional Council\nLot 2 on SP253479\nIsaac Regional Council\nBarcaldine Regional Council\nLot 1 on crown plan BF51\nIsaac Regional Council\nBarcaldine Regional Council\nLot 681 on crown plan PH406\nIsaac Regional Council\nBarcaldine Regional Council\nLot 3 on crown plan DR20\nBarcaldine Regional Council\nIsaac Regional Council\nLot 4 on crown plan DR21\nBarcaldine Regional Council\nIsaac Regional Council\nLot 5110 on crown plan PH604\nBarcaldine Regional Council\nIsaac Regional Council\nLot 7 on crown plan BE164\nBarcaldine Regional Council\nIsaac Regional Council\nLot 8 on crown plan BE164\nBarcaldine Regional Council\nIsaac Regional Council\nLot 10 on crown plan BE164\nBarcaldine Regional Council\nIsaac Regional Council\nLot 2093 on crown plan PH1883\nBarcaldine Regional Council\nIsaac Regional Council\nLot 52 on SP112852\nLongreach Regional Council\nBarcaldine Regional Council\nLot 9 on crown plan RY118\nBarcaldine Regional Council\nLongreach Regional Council\nThe local government changes mentioned in subsection (1) take effect on the commencement.\nA copy of the change commission’s report titled ‘External boundary review—2022 final determination—Barcaldine Regional Council, Blackall-Tambo Regional Council, Central Highlands Regional Council, Charters Towers Regional Council, Flinders Shire Council, Isaac Regional Council and Longreach Regional Council’ can be viewed on the website of the electoral commission.\nsch 3 s 1J ins 2023 SL No. 56 s 15\n(sch.3-sec.1J-ssec.1) All or part of a lot mentioned in column 1 of the following table, that is not in the local government area of the local government stated in column 3 of the table shown opposite the lot immediately before the commencement, is— excluded from the local government area of the local government stated in column 2 of the table shown opposite the lot; and included in the local government area of the local government stated in column 3 of the table shown opposite the lot. Column 1 Column 2 Column 3 Lot affected Local government area excluded from Local government area included in Lot 1 on RP617241 Blackall-Tambo Regional Council Barcaldine Regional Council Lot 10 on crown plan MX814407 Barcaldine Regional Council Blackall-Tambo Regional Council Lot 3 on crown plan DM2 Central Highlands Regional Council Barcaldine Regional Council Lot 1 on crown plan DM6 Central Highlands Regional Council Barcaldine Regional Council Lot 2 on crown plan DM6 Central Highlands Regional Council Barcaldine Regional Council Lot 4 on crown plan BE96 Central Highlands Regional Council Barcaldine Regional Council Lot 2 on crown plan PT353 Barcaldine Regional Council Central Highlands Regional Council Lot 3606 on crown plan PH507 Charters Towers Regional Council Barcaldine Regional Council Lot 4479 on crown plan PH1927 Barcaldine Regional Council Charters Towers Regional Council Lot 38 on SP291988 Barcaldine Regional Council Flinders Shire Council Lot 3 on crown plan DR26 Isaac Regional Council Barcaldine Regional Council Lot 3 on crown plan BE57 Isaac Regional Council Barcaldine Regional Council Lot 4 on crown plan BE57 Isaac Regional Council Barcaldine Regional Council Lot 5 on crown plan BE57 Isaac Regional Council Barcaldine Regional Council Lot 2 on SP253479 Isaac Regional Council Barcaldine Regional Council Lot 1 on crown plan BF51 Isaac Regional Council Barcaldine Regional Council Lot 681 on crown plan PH406 Isaac Regional Council Barcaldine Regional Council Lot 3 on crown plan DR20 Barcaldine Regional Council Isaac Regional Council Lot 4 on crown plan DR21 Barcaldine Regional Council Isaac Regional Council Lot 5110 on crown plan PH604 Barcaldine Regional Council Isaac Regional Council Lot 7 on crown plan BE164 Barcaldine Regional Council Isaac Regional Council Lot 8 on crown plan BE164 Barcaldine Regional Council Isaac Regional Council Lot 10 on crown plan BE164 Barcaldine Regional Council Isaac Regional Council Lot 2093 on crown plan PH1883 Barcaldine Regional Council Isaac Regional Council Lot 52 on SP112852 Longreach Regional Council Barcaldine Regional Council Lot 9 on crown plan RY118 Barcaldine Regional Council Longreach Regional Council\n(sch.3-sec.1J-ssec.2) The local government changes mentioned in subsection (1) take effect on the commencement. A copy of the change commission’s report titled ‘External boundary review—2022 final determination—Barcaldine Regional Council, Blackall-Tambo Regional Council, Central Highlands Regional Council, Charters Towers Regional Council, Flinders Shire Council, Isaac Regional Council and Longreach Regional Council’ can be viewed on the website of the electoral commission.\n- (a) excluded from the local government area of the local government stated in column 2 of the table shown opposite the lot; and\n- (b) included in the local government area of the local government stated in column 3 of the table shown opposite the lot.","sortOrder":521},{"sectionNumber":"sch.3-sec.1K","sectionType":"section","heading":"Change in boundaries affecting both Gympie Regional Council and South Burnett Regional Council","content":"### sch.3-sec.1K Change in boundaries affecting both Gympie Regional Council and South Burnett Regional Council\n\nLot 66 on RP825862 is—\nexcluded from the South Burnett Regional Council’s local government area; and\nincluded in the Gympie Regional Council’s local government area.\nThe local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2024 quadrennial election for either local government.\nA copy of the change commission’s report titled ‘ External boundary review—May 2023—South Burnett Regional Council—Gympie Regional Council’ can be viewed on the website of the electoral commission.\nsch 3 s 1K ins 2023 SL No. 189 s 13\n(sch.3-sec.1K-ssec.1) Lot 66 on RP825862 is— excluded from the South Burnett Regional Council’s local government area; and included in the Gympie Regional Council’s local government area.\n(sch.3-sec.1K-ssec.2) The local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2024 quadrennial election for either local government. A copy of the change commission’s report titled ‘ External boundary review—May 2023—South Burnett Regional Council—Gympie Regional Council’ can be viewed on the website of the electoral commission.\n- (a) excluded from the South Burnett Regional Council’s local government area; and\n- (b) included in the Gympie Regional Council’s local government area.","sortOrder":522},{"sectionNumber":"sch.3-sec.1L","sectionType":"section","heading":"Change in boundaries affecting both Lockyer Valley Regional Council and Toowoomba Regional Council","content":"### sch.3-sec.1L Change in boundaries affecting both Lockyer Valley Regional Council and Toowoomba Regional Council\n\nThe part of each of the following lots and areas that was not in the Toowoomba Regional Council’s local government area immediately before the commencement is excluded from the Lockyer Valley Regional Council’s local government area and included in the Toowoomba Regional Council’s local government area—\nlots 5 and 6 on SP264451;\nlot 7 on SP288601;\nthe road reserve area of Mount Neale Road adjacent to the lots mentioned in paragraphs (a) and (b).\nThe local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2024 quadrennial election for either local government.\nA copy of the change commission’s report titled ‘External Boundary Review—November 2023—Lockyer Valley Regional Council—Toowoomba Regional Council’ can be viewed on the website of the electoral commission.\nsch 3 s 1L ins 2023 SL No. 189 s 13\n(sch.3-sec.1L-ssec.1) The part of each of the following lots and areas that was not in the Toowoomba Regional Council’s local government area immediately before the commencement is excluded from the Lockyer Valley Regional Council’s local government area and included in the Toowoomba Regional Council’s local government area— lots 5 and 6 on SP264451; lot 7 on SP288601; the road reserve area of Mount Neale Road adjacent to the lots mentioned in paragraphs (a) and (b).\n(sch.3-sec.1L-ssec.2) The local government change mentioned in subsection (1) takes effect at the earlier conclusion of the 2024 quadrennial election for either local government. A copy of the change commission’s report titled ‘External Boundary Review—November 2023—Lockyer Valley Regional Council—Toowoomba Regional Council’ can be viewed on the website of the electoral commission.\n- (a) lots 5 and 6 on SP264451;\n- (b) lot 7 on SP288601;\n- (c) the road reserve area of Mount Neale Road adjacent to the lots mentioned in paragraphs (a) and (b).","sortOrder":523},{"sectionNumber":"sch.3-sec.1M","sectionType":"section","heading":"Change in boundaries affecting Ipswich City Council, Lockyer Valley Regional Council and Toowoomba Regional Council","content":"### sch.3-sec.1M Change in boundaries affecting Ipswich City Council, Lockyer Valley Regional Council and Toowoomba Regional Council\n\nThe part of lot 84 on crown plan CC389 that was not in the Ipswich City Council’s local government area immediately before the commencement is—\nexcluded from the Lockyer Valley Regional Council’s local government area; and\nincluded in the Ipswich City Council’s local government area.\nThe parts of lots 14 and 16 on SP200498 and the area of Coynes Road adjoining lot 14 on SP200498 that were not in the Lockyer Valley Regional Council’s local government area immediately before the commencement are—\nexcluded from the Ipswich City Council’s local government area; and\nincluded in the Lockyer Valley Regional Council’s local government area.\nThe part of lot 355 on crown plan CH312304 that was not in the Lockyer Valley Regional Council’s local government area immediately before the commencement is—\nexcluded from the Toowoomba Regional Council’s local government area; and\nincluded in the Lockyer Valley Regional Council’s local government area.\nThe local government changes mentioned in subsections (1) to (3) take effect at the earlier conclusion of the 2024 quadrennial election for either local government mentioned in the subsection.\nA copy of the change commission’s report titled ‘External Boundary Review—November 2023—Lockyer Valley Regional Council—Ipswich City Council—Toowoomba Regional Council’ can be viewed on the website of the electoral commission.\nsch 3 s 1M ins 2023 SL No. 189 s 13\n(sch.3-sec.1M-ssec.1) The part of lot 84 on crown plan CC389 that was not in the Ipswich City Council’s local government area immediately before the commencement is— excluded from the Lockyer Valley Regional Council’s local government area; and included in the Ipswich City Council’s local government area.\n(sch.3-sec.1M-ssec.2) The parts of lots 14 and 16 on SP200498 and the area of Coynes Road adjoining lot 14 on SP200498 that were not in the Lockyer Valley Regional Council’s local government area immediately before the commencement are— excluded from the Ipswich City Council’s local government area; and included in the Lockyer Valley Regional Council’s local government area.\n(sch.3-sec.1M-ssec.3) The part of lot 355 on crown plan CH312304 that was not in the Lockyer Valley Regional Council’s local government area immediately before the commencement is— excluded from the Toowoomba Regional Council’s local government area; and included in the Lockyer Valley Regional Council’s local government area.\n(sch.3-sec.1M-ssec.4) The local government changes mentioned in subsections (1) to (3) take effect at the earlier conclusion of the 2024 quadrennial election for either local government mentioned in the subsection. A copy of the change commission’s report titled ‘External Boundary Review—November 2023—Lockyer Valley Regional Council—Ipswich City Council—Toowoomba Regional Council’ can be viewed on the website of the electoral commission.\n- (a) excluded from the Lockyer Valley Regional Council’s local government area; and\n- (b) included in the Ipswich City Council’s local government area.\n- (a) excluded from the Ipswich City Council’s local government area; and\n- (b) included in the Lockyer Valley Regional Council’s local government area.\n- (a) excluded from the Toowoomba Regional Council’s local government area; and\n- (b) included in the Lockyer Valley Regional Council’s local government area.","sortOrder":524},{"sectionNumber":"sch.3-sec.1N","sectionType":"section","heading":"Change in boundaries affecting both Ipswich City Council and Somerset Regional Council","content":"### sch.3-sec.1N Change in boundaries affecting both Ipswich City Council and Somerset Regional Council\n\nThe part of lot 20 on SP344163 that was not in the Somerset Regional Council’s local government area immediately before the commencement is—\nexcluded from the Ipswich City Council’s local government area; and\nincluded in the Somerset Regional Council’s local government area.\nThe local government change mentioned in subsection (1) takes effect on the commencement.\nA copy of the change commission’s report titled ‘External Boundary Review—June 2025—Ipswich City Council—Somerset Regional Council’ can be viewed on the electoral commission’s website.\nsch 3 s 1N ins 2025 SL No. 167 s 4\n(sch.3-sec.1N-ssec.1) The part of lot 20 on SP344163 that was not in the Somerset Regional Council’s local government area immediately before the commencement is— excluded from the Ipswich City Council’s local government area; and included in the Somerset Regional Council’s local government area.\n(sch.3-sec.1N-ssec.2) The local government change mentioned in subsection (1) takes effect on the commencement. A copy of the change commission’s report titled ‘External Boundary Review—June 2025—Ipswich City Council—Somerset Regional Council’ can be viewed on the electoral commission’s website.\n- (a) excluded from the Ipswich City Council’s local government area; and\n- (b) included in the Somerset Regional Council’s local government area.","sortOrder":525},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Facilitation of implementation","content":"# Facilitation of implementation","sortOrder":526},{"sectionNumber":"sch.3-sec.2","sectionType":"section","heading":"Definitions for pt 2","content":"### sch.3-sec.2 Definitions for pt 2\n\nIn this part—\ncurrent local government , for a relevant area, means the local government for the area from the beginning of the transfer day.\nsch 3 s 2 def current local government amd 2015 SL No. 182 s 23\nformer local government , for a relevant area, means the local government for the area immediately before the transfer day.\nrelevant area means an area that, under a local government change mentioned in part 1 , is excluded from a local government’s local government area and included in another local government’s local government area.\ntransfer day , for a relevant area, means the day the local government change relating to the area takes effect under part 1 .\nsch 3 s 2 ins 2013 SL No. 86 s 13","sortOrder":527},{"sectionNumber":"sch.3-sec.3","sectionType":"section","heading":"Unfinished actions of former local government","content":"### sch.3-sec.3 Unfinished actions of former local government\n\nThis section applies to an action started by the former local government for a relevant area that—\nrelates to the relevant area; and\nhas not been finalised before the transfer day.\nThe action is taken to have been started by the current local government for the relevant area.\nIn this section—\naction means the performance of a function or the exercise of a power, including, for example, the following—\nmaking a decision on, or considering, an application about land;\ntaking action in relation to an amount of rates for land;\nmaking a demand for payment of an amount of rates;\nmaking a requirement under an Act.\nsch 3 s 3 ins 2013 SL No. 86 s 13\n(sch.3-sec.3-ssec.1) This section applies to an action started by the former local government for a relevant area that— relates to the relevant area; and has not been finalised before the transfer day.\n(sch.3-sec.3-ssec.2) The action is taken to have been started by the current local government for the relevant area.\n(sch.3-sec.3-ssec.3) In this section— action means the performance of a function or the exercise of a power, including, for example, the following— making a decision on, or considering, an application about land; taking action in relation to an amount of rates for land; making a demand for payment of an amount of rates; making a requirement under an Act.\n- (a) relates to the relevant area; and\n- (b) has not been finalised before the transfer day.\n- (a) making a decision on, or considering, an application about land;\n- (b) taking action in relation to an amount of rates for land;\n- (c) making a demand for payment of an amount of rates;\n- (d) making a requirement under an Act.","sortOrder":528},{"sectionNumber":"sch.3-sec.4","sectionType":"section","heading":"Assets and public works in the relevant area","content":"### sch.3-sec.4 Assets and public works in the relevant area\n\nAny assets and public works in a relevant area belonging to the former local government for the relevant area immediately before the transfer day belong, from the beginning of the transfer day, to the current local government for the relevant area.\nmaterial associated with a road or bridge\nsch 3 s 4 ins 2013 SL No. 86 s 13\namd 2015 SL No. 182 s 24","sortOrder":529},{"sectionNumber":"sch.3-sec.5","sectionType":"section","heading":"Application fees","content":"### sch.3-sec.5 Application fees\n\nThis section applies to an application made to the former local government for a relevant area that—\nrelates to the relevant area; and\nwas made under an Act or planning scheme; and\nhas not been decided immediately before the transfer day.\nAs soon as practicable after the transfer day, the former local government for the relevant area must pay the fee received for the application to the current local government for the relevant area.\nsch 3 s 5 ins 2013 SL No. 86 s 13\n(sch.3-sec.5-ssec.1) This section applies to an application made to the former local government for a relevant area that— relates to the relevant area; and was made under an Act or planning scheme; and has not been decided immediately before the transfer day.\n(sch.3-sec.5-ssec.2) As soon as practicable after the transfer day, the former local government for the relevant area must pay the fee received for the application to the current local government for the relevant area.\n- (a) relates to the relevant area; and\n- (b) was made under an Act or planning scheme; and\n- (c) has not been decided immediately before the transfer day.","sortOrder":530},{"sectionNumber":"sch.3-sec.6","sectionType":"section","heading":"Planning scheme for the relevant area","content":"### sch.3-sec.6 Planning scheme for the relevant area\n\nThe planning scheme of a former local government for a relevant area (the existing planning scheme ) continues to apply to the relevant area after the transfer day until the current local government for the relevant area amends its planning scheme or makes a new planning scheme.\nThe existing planning scheme must be implemented, administered and enforced, in relation to the relevant area, by the current local government for the relevant area as if the existing planning scheme were part of the current local government’s planning scheme.\nsch 3 s 6 ins 2013 SL No. 86 s 13\n(sch.3-sec.6-ssec.1) The planning scheme of a former local government for a relevant area (the existing planning scheme ) continues to apply to the relevant area after the transfer day until the current local government for the relevant area amends its planning scheme or makes a new planning scheme.\n(sch.3-sec.6-ssec.2) The existing planning scheme must be implemented, administered and enforced, in relation to the relevant area, by the current local government for the relevant area as if the existing planning scheme were part of the current local government’s planning scheme.","sortOrder":531},{"sectionNumber":"sch.3-sec.7","sectionType":"section","heading":"References in documents to former local government","content":"### sch.3-sec.7 References in documents to former local government\n\nIn a document relating to a relevant area, a reference to the former local government for the relevant area may, as appropriate, be taken to be a reference to the current local government for the relevant area.\nsch 3 s 7 ins 2013 SL No. 86 s 13","sortOrder":532},{"sectionNumber":"sch.3-sec.8","sectionType":"section","heading":"Duty to assist with change to boundaries of local government areas","content":"### sch.3-sec.8 Duty to assist with change to boundaries of local government areas\n\nThe former local government for a relevant area and the current local government for the relevant area must do all acts and other things necessary to help in the implementation of the change of the boundaries of their local government areas.\nWithout limiting subsection (1) , the former local government for the relevant area must give the current local government for the relevant area the records necessary to enable compliance with this schedule.\nsch 3 s 8 ins 2013 SL No. 86 s 13\n(sch.3-sec.8-ssec.1) The former local government for a relevant area and the current local government for the relevant area must do all acts and other things necessary to help in the implementation of the change of the boundaries of their local government areas.\n(sch.3-sec.8-ssec.2) Without limiting subsection (1) , the former local government for the relevant area must give the current local government for the relevant area the records necessary to enable compliance with this schedule.","sortOrder":533},{"sectionNumber":"sch.3-sec.9","sectionType":"section","heading":"Local laws","content":"### sch.3-sec.9 Local laws\n\nFrom the beginning of the transfer day—\na local law of a current local government applies to a relevant area; and\na local law of a former local government that applied to a relevant area immediately before the transfer day ceases to apply to the area.\nsch 3 s 9 ins 2015 SL No. 182 s 25\n- (a) a local law of a current local government applies to a relevant area; and\n- (b) a local law of a former local government that applied to a relevant area immediately before the transfer day ceases to apply to the area.","sortOrder":534},{"sectionNumber":"sch.3-sec.10","sectionType":"section","heading":"Existing authorisations","content":"### sch.3-sec.10 Existing authorisations\n\nThis section applies to an authorisation—\nmade by a former local government; and\nhaving effect in relation to a person or place at a relevant area; and\nin force immediately before the transfer day.\nFrom the beginning of the transfer day, the authorisation is taken to have been made by the current local government.\nIn this section—\nauthorisation means an approval, consent, licence, permit, registration or similar authority issued under a Local Government Act.\nmade includes given, issued or allocated.\nsch 3 s 10 ins 2015 SL No. 182 s 25\n(sch.3-sec.10-ssec.1) This section applies to an authorisation— made by a former local government; and having effect in relation to a person or place at a relevant area; and in force immediately before the transfer day.\n(sch.3-sec.10-ssec.2) From the beginning of the transfer day, the authorisation is taken to have been made by the current local government.\n(sch.3-sec.10-ssec.3) In this section— authorisation means an approval, consent, licence, permit, registration or similar authority issued under a Local Government Act. made includes given, issued or allocated.\n- (a) made by a former local government; and\n- (b) having effect in relation to a person or place at a relevant area; and\n- (c) in force immediately before the transfer day.","sortOrder":535}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded beyond its original structural/administrative purpose (defining boundaries, names, councillor numbers) to incorporate a substantial and technically complex competitive neutrality and business reform regime. Later amendments (evidenced by the multiple amending instruments cited throughout) have added provisions on building certification activities, updated financial thresholds, introduced the information-gathering powers of the competition authority (s.50 was replaced entirely in 2021), and added implementation mechanisms for boundary changes (Division 3, ss.13A-13B, inserted in 2013). The competitive neutrality complaint process has also been progressively refined through successive Acts. These additions significantly broaden the regulation beyond what the structural/representational framing of its opening sections suggests."},"complexity_factors":["Multiple interlocking regulatory frameworks operating simultaneously (boundary rules, business reform rules, complaints processes, financial reporting requirements)","Heavy cross-referencing to the parent Local Government Act and other legislation (Water Supply (Safety and Reliability) Act 2008, South-East Queensland Water Act 2009)","Economic concepts embedded in legal text — competitive neutrality, full cost pricing, tax equivalents, community service obligations — requiring specialist financial understanding","Layered definitions where terms depend on other defined terms (e.g., 'significant business activity' → thresholds → expenditure calculations)","Numerical thresholds that have been amended multiple times (e.g., the $9.7m expenditure threshold, the $340,000 current expenditure threshold), creating version-tracking complexity","Different rules apply to different types of councils and different types of business activities, requiring careful navigation of which provisions apply in which scenario","References to external documents (tax equivalents manual, competition policy guidelines) that are incorporated by reference but not reproduced in the regulation","Schedules (1, 2, 3, 4) containing critical substantive content not fully reproduced in the main body of the regulation"],"plain_english_summary":"## What is this law?\n\nThe **Local Government Regulation 2012** is a Queensland law that sets the detailed rules for how local councils (like city, town, shire and regional councils) must operate. Think of it as the \"how-to manual\" that sits underneath the main Local Government Act.\n\n## Who does it affect?\n\n- **Queensland ratepayers and residents** — it shapes how your council is structured, where its boundaries sit, and how many councillors represent you\n- **Local councils themselves** — it tells them exactly how to run their business activities, manage finances, and handle complaints\n- **Private businesses** — if a council runs a business (like water supply or building certification) that competes with private companies, this law sets the rules to keep things fair\n\n## What does it actually do?\n\n### 1. Maps out who governs where\nIt sets the **names, boundaries, and classifications** of every Queensland local government area — whether it's a city, town, shire, or region. Boundaries are shown on official maps that councils must make publicly available.\n\n### 2. Fixes how many councillors you get\nIt specifies exactly how many elected councillors each local government area has, including how many represent each sub-area (called a \"division\") within a council area.\n\n### 3. Sets rules for changing boundaries\nIf someone proposes redrawing council boundaries, a special body called the \"change commission\" must consider things like: whether communities share common interests, whether water catchments are kept together, and whether there are enough resources to run the council properly.\n\n### 4. Creates a level playing field for council-run businesses\nThis is the most complex part. When councils run significant businesses (like water supply, sewerage, or building certification services) that compete with private companies, they must play by fair rules. This is called the **\"competitive neutrality principle\"** — meaning councils can't use their government status to unfairly undercut private businesses.\n\nTo be \"fair,\" councils must:\n- Charge prices that cover their actual full costs (called \"full cost pricing\")\n- Account for any tax advantages they have that private businesses don't\n- Set up separate business units with clear financial reporting\n- Disclose any subsidies or concessions they give to particular customers (e.g., pensioners getting cheaper water)\n\n### 5. Special rules for water and sewerage\nCouncils providing water and sewerage must recover their full costs, consider a two-part pricing structure (a fixed connection fee plus a usage charge), and publicly disclose any subsidies.\n\n### 6. Provides a complaints process\nIf a private business believes a council-run business is getting an unfair government advantage, it can lodge a formal complaint. The complaint goes first to the council, and if unresolved, to an independent \"competition authority\" that can investigate and report.\n\n### 7. Registers of local laws\nCouncils must maintain and publish online registers of all their local by-laws (local rules), including what each law is about and its general effect.\n\n## Why does it matter to you?\n\n- It ensures your council is **accountable and transparent** about how it spends money\n- It protects **fair competition** so council-run services don't squeeze out private businesses unfairly\n- It guarantees you can **access information** about your council's boundaries, laws, and business activities\n- It determines **how many councillors** represent you and where your council's jurisdiction begins and ends"},"kimi_summary":{"_metrics":{"completionTokens":716},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2012 scope. The provided text shows extensive amendments through to 2026, including: new provisions for Aboriginal Shire Councils (s.73A), COVID-19 emergency provisions (ss.118A-118B, 173A-173B), updated competitive neutrality thresholds and processes, new water and sewerage service requirements, expanded financial sustainability reporting with 9 new measures, and enhanced councillor conduct reporting. The rates and charges section has grown particularly complex with new categories, concessions, and procedural requirements."},"complexity_factors":["Extensive cross-referencing to the Local Government Act and other legislation (Water Supply Act, Land Valuation Act, etc.)","Multiple nested definitions and conditional provisions (e.g., 5 different ways land can become 'previously rateable land')","Detailed mathematical formulas for calculating averaged land values and rates","Complex procedural requirements for land sales and acquisitions with multiple time limits and conditions","Prescriptive financial reporting requirements with 9 different sustainability measures","Extensive lists of exempt land categories with multiple sub-conditions","Detailed complaints and appeals processes with multiple stages and timeframes","Frequent amendments noted throughout (2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2023, 2024, 2025, 2026)"],"plain_english_summary":"This is a Queensland regulation that sets out detailed rules for how local councils operate. It covers four main areas:\n\n**1. Council boundaries and representation** — Defines how local government areas are named, classified (city, town, shire or region), and how their boundaries are set. It also sets criteria for changing boundaries, such as considering \"communities of interest\" and ensuring councils have enough resources to function properly.\n\n**2. Local laws and business activities** — Requires councils to keep a public register of their local laws. It also introduces \"competitive neutrality\" rules, which mean councils must run their significant business activities (like water services) on a commercial basis without unfair advantages over private competitors. This includes detailed pricing rules, financial reporting requirements, and a complaints process.\n\n**3. Infrastructure** — Gives councils powers over roads, malls, harbours, jetties, canals and foreshores. It also deals with shared responsibilities when infrastructure sits on boundaries between councils.\n\n**4. Rates and charges** — This is the largest section. It covers:\n- How land is valued for rating purposes\n- Which land is exempt from rates (religious land, cemeteries, some hospital land, etc.)\n- How councils can set differential rates for different categories of land (residential, commercial, rural, etc.)\n- Special rates for specific services\n- Utility charges for water and sewerage\n- Discounts, concessions and payment plans for ratepayers\n- What happens when rates go unpaid — including interest charges, court action, and ultimately council powers to sell or acquire land\n\n**5. Financial management** — Requires councils to prepare 5-year corporate plans, 10-year asset management plans, annual budgets and detailed financial statements with sustainability measures.\n\nThe regulation is highly technical and prescriptive, with many cross-references to the main Local Government Act and other Queensland legislation."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.23(2)","severity":"high","reasoning":"Section 23(2) states that 'the cost of carrying out community service obligations, less any revenue received from performing the obligations, must be treated as revenue for the significant business activity.' This is economically and logically nonsensical — costs are not revenue. Treating a net cost figure as revenue inverts basic accounting principles and would artificially inflate reported revenue, undermining the full cost pricing framework the section is meant to support. The same absurdity is replicated in sec.36(2) for the code of competitive conduct context.","confidence":0.92,"description":"Community service obligation costs treated as revenue"},{"type":"self_contradicting","section":"sec.36(2)","severity":"high","reasoning":"Identical to the problem in sec.23(2): 'The cost of performing community service obligations, less any revenue received from carrying out those obligations, must be treated as revenue for the business activity.' A net cost figure is mandated to be recorded as revenue. This is accounting nonsense — it would inflate revenue figures and distort the financial reporting required under sections 34 and 35, defeating the transparency purpose of the code of competitive conduct.","confidence":0.92,"description":"Community service obligation costs treated as revenue (duplicate of sec.23 absurdity)"},{"type":"other","section":"sec.13(5)","severity":"medium","reasoning":"The criterion for declaring a 'region' is solely that it was 'created as a result of the amalgamation of 2 or more local government areas of any class.' This is a historical fact about origin, not an ongoing characteristic. Once classified a region, there is no mechanism or criterion by which it could ever cease to be one, even if it subsequently exhibits characteristics of a city, town or shire. A region could meet all city criteria but can never be reclassified because its creation event can never be undone. This creates a permanent classification based on a one-time historical event rather than ongoing characteristics, unlike the other classifications which are based on current attributes.","confidence":0.82,"description":"Region classification creates a permanent and irremovable label regardless of subsequent changes"},{"type":"circular_definition","section":"sec.15(1) and sec.15(3)","severity":"medium","reasoning":"Section 15(1) states a provision is identified as anti-competitive 'if a local government, applying the competition policy guidelines, identifies the provision as creating one of those barriers.' The identification entirely depends on the local government applying the guidelines to reach that conclusion — but there is no independent criterion. The local government is both the entity whose local law is being assessed AND the entity making the identification. A local government motivated to avoid compliance obligations could simply decline to 'identify' any provision as anti-competitive when applying the guidelines, making the entire anti-competitive provision regime self-defeating.","confidence":0.75,"description":"Circular definition: anti-competitive provision identified by applying guidelines that the provision itself defines"},{"type":"other","section":"sec.41(2)","severity":"medium","reasoning":"Section 41(2) defines 'full cost recovery' as occurring when 'the estimated total revenue for the financial year is more than the estimated total costs.' 'Full cost recovery' in standard accounting and regulatory usage means recovering exactly the costs — breaking even. Defining it as revenue exceeding costs means that 'full cost recovery' actually requires the service to run at a surplus/profit. This creates an absurd result where a service that precisely recovers its costs has not achieved 'full cost recovery', and where a loss-making service providing below-cost services (which sec.41(1)(f) contemplates disclosing) could theoretically comply with the obligation to 'apply full cost recovery' if estimates projected a surplus even when actual results differ.","confidence":0.78,"description":"Full cost recovery defined as estimated revenue exceeding estimated costs — not equalling them"},{"type":"self_contradicting","section":"sec.28(a)(i) and sec.28(b)(i)-(ii)","severity":"medium","reasoning":"Section 28(a)(i) requires the local government to give the commercial business unit 'clear and non-conflicting objectives', while sec.28(b)(i) requires the unit to 'remain at arms-length to the local government in day-to-day operations' and sec.28(b)(ii) simultaneously requires the local government to give the unit 'autonomy in day-to-day operations, subject to overarching monitoring.' However, sec.28(c)(ii) requires 'the unit must generally be subject to the management framework of the local government.' Being simultaneously arms-length, autonomous AND subject to the local government's management framework creates an inherent and irresolvable tension that makes strict compliance with all principles simultaneously impossible.","confidence":0.7,"description":"Key principles of commercialisation require simultaneous autonomy and control that are mutually incompatible"},{"type":"other","section":"sec.47(2)","severity":"low","reasoning":"Under sec.45(3)-(4), the competition authority only receives a complaint after the relevant local government has already made a decision AND the complainant has expressed dissatisfaction. By this point, the complaint has already been through a full local government process. Yet sec.47(2) limits the competition authority's power to require additional information to only that 'necessary and reasonable to help the competition authority to decide whether or not to investigate the complaint' — a pre-investigation threshold inquiry. The sequencing means the authority is conducting a preliminary admissibility assessment of a complaint that has already been through substantive local government consideration, making the threshold inquiry somewhat procedurally absurd.","confidence":0.6,"description":"Competition authority can only require information necessary to decide whether to investigate, but receives complaints only after local government has already decided — creating a procedurally redundant power"},{"type":"other","section":"sec.4(2)","severity":"low","reasoning":"Section 4(2) prescribes that a local government 'may be called' names containing literal template instructions such as '(insert City/Town/Shire/Region)' and '(insert name of local government area)'. While clearly intended as a drafting formula, these parenthetical instructions appear as part of the operative legislative text. This means the literal legal name options include the words 'insert' as text, which is technically absurd — no local government would actually be named 'Council of the (insert City) of (insert name)'.","confidence":0.55,"description":"Naming formula contains template placeholder text in legislative instrument"}],"contradictions":[{"severity":"high","section_a":"sec.23(2)","section_b":"sec.35(2)(e)(ii)","confidence":0.88,"description":"Inconsistent treatment of community service obligation costs: sec.23 treats net cost as revenue; sec.35 subtracts revenue from cost as an expense item"},{"severity":"medium","section_a":"sec.23(2)","section_b":"sec.36(2)","confidence":0.8,"description":"Both sections purport to address the same issue (treatment of CSO costs when deciding charges) in nearly identical terms, but both contain the same internal absurdity of treating costs as revenue. Their coexistence in two separate divisions (div.3 for significant business activities and div.5 for the code of competitive conduct) creates overlapping obligations with no clear hierarchy or reconciliation mechanism for entities subject to both regimes."},{"severity":"medium","section_a":"sec.34(2)(b)","section_b":"sec.35(2)(c)","confidence":0.75,"description":"Inconsistent cost disclosure standard: sec.34 (estimated activity statement) excludes 'return on capital' from expenses; sec.35 (activity statement) also excludes 'return on capital' from expenses. However, sec.41(6)(e) requires 'return on capital' to be included in total costs for full cost recovery. For water and sewerage activities subject to both the code of competitive conduct and div.6, the financial statements will systematically understate costs relative to the full cost recovery calculation, making compliance verification impossible from the financial statements alone."},{"severity":"medium","section_a":"sec.13(3)","section_b":"sec.13(5)","confidence":0.72,"description":"A region formed by amalgamation of towns (which are 'urban in character') would meet the town classification criteria under sec.13(3) — it does not meet city criteria but is urban in character. Yet sec.13(5) mandates it be classified as a region solely because of its amalgamation origin. The region classification overrides what would otherwise be the substantively correct urban classification, with no guidance on which criterion prevails for future reclassification if the region's amalgamated nature is somehow dissolved."},{"severity":"medium","section_a":"sec.28(a)(i)","section_b":"sec.28(a)(iv) and sec.24","confidence":0.82,"description":"Key principle of commercialisation requires the local government to give the commercial business unit 'clear and non-conflicting objectives' (sec.28(a)(i)), but also requires the local government to impose community service obligations on the unit (sec.28(a)(iv)) which by definition under sec.24 are things 'not in the commercial interests of the business entity to do.' Imposing non-commercial obligations on a unit that must have non-conflicting objectives is inherently contradictory — the commercial objective and the community service obligation objective will routinely conflict."},{"severity":"medium","section_a":"sec.41(1)(d)","section_b":"sec.41(1)(f)","confidence":0.78,"description":"Section 41(1)(d) requires a local government to 'apply full cost recovery for water and sewerage services', while sec.41(1)(f) requires it to 'disclose a class of consumers who are provided with water and sewerage services at an amount below full cost.' The obligation to disclose below-full-cost supply presupposes and implicitly permits that some consumers will be charged below full cost, which directly contradicts the mandatory obligation to apply full cost recovery to the service overall. The disclosure obligation cannot operate consistently with a strict full cost recovery mandate."},{"severity":"low","section_a":"sec.9(1)(d)(ii)","section_b":"sec.9(2)","confidence":0.65,"description":"Section 9(1)(d)(ii) states boundaries should 'subject to the water catchment principle — follow the natural geographical features and non-natural features separating different communities.' Section 9(2) defines the water catchment principle as water catchment areas 'generally' being included in the local government area they service. The qualifier 'generally' in sec.9(2) and 'subject to' in sec.9(1)(d)(ii) create an undefined hierarchy: it is unclear whether the water catchment principle overrides the natural feature boundary principle, or merely qualifies it, or is itself only a general guide. In practice, a water catchment and a natural geographical feature (e.g., a ridge line) may dictate opposite boundary locations with no clear rule for resolution."},{"severity":"medium","section_a":"sec.44","section_b":"sec.45(3)-(4)","confidence":0.68,"description":"Section 44 provides that the local government's general complaints management process under section 306 of the Act applies to competitive neutrality complaints. However, sec.45(3)-(4) then imposes a specific escalation pathway to the competition authority once the complainant is dissatisfied. These two processes may have different procedural requirements, timelines, and outcomes. There is no provision resolving conflicts between the general complaints management process outcomes and the competition authority's subsequent investigation, potentially leaving a complainant subject to two inconsistent procedural regimes simultaneously."}]}},"importantCases":[],"_links":{"self":"/api/acts/local-government-regulation-2012","history":"/api/acts/local-government-regulation-2012/history","analysis":"/api/acts/local-government-regulation-2012/analysis","conflicts":"/api/acts/local-government-regulation-2012/conflicts","importantCases":"/api/acts/local-government-regulation-2012/important-cases","documents":"/api/acts/local-government-regulation-2012/documents"}}