Local Government Act 2019

3 Act binds Crown This Act binds the Crown in right of the Territory and, to the extent the legislative power of the Legislative Assembly permits, the Crown in all its other capacities.

4 Principles (1) The underlying principles of this Act are as follows: (a) local government is a distinct and essential sphere of government; (b) the system of local government: (i) needs to be flexible and adaptable to the diverse interests and needs of the many communities within the Territory; and

Local Government Act 2019 2 (ii) needs to be comprehensive, democratic, responsive to community needs and accountable both to local communities and the public generally. (2) Anyone exercising a power or performing a function under this Act must, as far as practicable, uphold the principles. (3) However, the principles do not affect the operation of any law in force in the Territory.

5 Rights and interests of Aboriginal traditional owners The rights and interests of Aboriginal traditional owners, as set out in the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and the Native Title Act 1993 (Cth), are to be recognised and the delivery of local government services must be in harmony with those Acts.

6 Overview This Act provides for the following: (a) the establishment of a democratic and effective system of local government that recognises the diversity of communities in the Territory; (b) the conferral of wide powers on councils to act for the advancement, and in the best interests, of their local communities; (c) the enabling of councils to play a broad role in promoting the social, economic, environmental, and cultural well-being of their local communities; (d) the imposition of high standards of ethical conduct on council members; (e) the requirement on councils of high standards of governance, service delivery, asset management and financial accountability; (f) the requirement on councils to promote and assist constructive participation by their local communities in achieving effective local government for their areas.

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7 Definitions In this Act: Aboriginal community living area means an area granted as an Aboriginal community living area under Part 8 of the Pastoral Land Act 1992, or the corresponding previous legislative provisions. Aboriginal community living area association means an incorporated association in which an Aboriginal community living area is vested. acting in an official capacity, in relation to a person or officer, means the person or officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act. administrative review committee, see section 324(1). affected person, for an NTCAT reviewable decision, see section 327(2). allotment, see section 225. annual return of interests: (a) for a council member – see section 110(1); or (b) for a staff member of a council or local government subsidiary – see section 178(1) or (2). approved form means a form approved under section 341. area, of a council, means the local government area for which the council is constituted. assessed value, see section 227(2). assessment record means the assessment record maintained under section 230. associate, see section 8. audit committee means an audit committee established and maintained by a council under section 86(1). auditor, means the person appointed by a council as an auditor for the council under section 209.

Local Government Act 2019 4 Australian Accounting Standards means the following standards in force from time to time and published by the Australian Accounting Standards Board: (a) Accounting Standards; (b) Statements of Accounting Concepts; (c) Interpretations; (d) Framework for the Preparation and Presentation of Financial Statements. Australian Accounting Standards Board means the Office of the Australian Accounting Standards Board established by section 226 of the Australian Securities and Investments Commission Act 2001 (Cth). authorised deposit account, for Chapter 10, Part 10.1, see section 191. authorised person means a person appointed to be an authorised person under section 183. borrowing, for Chapter 10, Part 10.3, see section 196. by-election means a by-election mentioned in section 136. campaign donation return, for Chapter 8, Part 8.6, see section 147(1). campaign material, for Chapter 8, Part 8.7, see section 158. casual vacancy means a vacancy in the office of a member of a council under section 50. cemetery plan, see section 7 of the Burial and Cremation CEO, of a council, means the council's chief executive officer as appointed under section 165(1), who is in charge of day-to-day operations of the council. CEO of the Agency means the Chief Executive Officer of the Agency. chairperson, of a meeting of: (a) a council – see section 95; or (b) an audit committee – see section 98; or

Local Government Act 2019 5 (c) a council committee – see section 98; or (d) a local authority – see section 98. chief executive, of a local government subsidiary, means the local government subsidiary's chief executive as appointed under section 71(1), who is in charge of day-to-day operations of the local close family relationship means: (a) the relationship between spouses or de facto partners; or (b) the relationship between a person and: (i) the person's child or grandchild; or (ii) the child or grandchild of the person's spouse or de facto partner; or (c) the relationship between a person and: (i) the person's parent or grandparent; or (ii) the parent or grandparent of the person's spouse or de facto partner; or (d) the relationship between siblings. commission of inquiry means a commission of inquiry established by the Minister under section 309. commissioner means a person appointed by the Minister to be a commissioner under section 309(2). committee, for Chapter 3, see section 26. community cemetery, see section 7 of the Burial and Cremation compliance date, for Chapter 10, Part 10.9, see section 214(2). conclusion, in relation to an election, means the declaration of a poll, or if there is no poll, on declaration that the candidates for election are elected. conditionally rateable, in relation to land, see section 219. conflict of interest, in relation to a member of an audit committee, a council, a council committee or a local authority, see section 114.

Local Government Act 2019 6 constituent council means a council that forms a local government subsidiary under section 67(1). corporation, for Chapter 8, Part 8.6, see section 147(1). council, for an area, means the local government council constituted for that area under section 14(b). council area means the area for which the council is constituted under section 14(b). council committee means a council committee established by a council under section 82. council panel, for Chapter 7, Part 7.4, Division 2, see section 122(2)(b). council senior staff member means a staff member of the council who is: (a) employed in a position in the management level immediately beneath the CEO (of the council) in the council's organisational structure; and (b) directly reporting to the CEO (of the council). Crown land, see section 3 of the Crown Lands Act 1992. decision maker, for Chapter 11, Part 11.4, section 233(5). decision notice, for a decision, means a written notice setting out: (a) the decision and the reasons for it; and (b) any right the person to whom the notice is to be given has, under this Act or another Act, to apply for a review of the decision, to apply for a consideration of the matter or to appeal the decision. Deputy CEO, of a council, see section 165(2). deputy principal member, of a council, means the member appointed by the council to be the deputy principal member under section 61(3). details, for Chapter 8, Part 8.6, see section 147(1). disclosure period, for Chapter 8, Part 8.6, see section 147(1). disposition of property, for Chapter 8, Part 8.6, see section 147(1).

Local Government Act 2019 7 donation, for Chapter 8, Part 8.6, see section 147. election means a general election or a by-election. election day means the day fixed by or under this Act for an elector, for an area or a ward, means a person: (a) who is an elector within the meaning of section 3 of the Electoral Act 2004; and (b) who is enrolled within the meaning of section 3 of the Electoral Act 2004 in respect of a place of residence that is in the ward or area. electoral matter, for Chapter 8, Part 8.7, see section 159. electoral roll means a roll of electors prepared by the Electoral Commission for an area or a ward under section 139. entity, for Chapter 8, Part 8.6, see section 147(1). exempt land, for Chapter 11, Part 11.1, see section 222. facility, see section 7 of the Burial and Cremation Act 2022. general election means: (a) a general election mentioned in section 134 or 319; or (b) a periodic general election mentioned in section 135. general rates, see section 237. guidelines mean guidelines made by the Minister under section 342. inspector means an inspector of local government appointed under section 294. investigator, see section 318(2)(c)(ii). land includes: (a) for land held under a pastoral lease or other lease from the Crown – the leasehold interest; and (b) for land held under a lease from a Land Trust – the leasehold interest; and

Local Government Act 2019 8 (c) for land within an Aboriginal community living area that is held under a lease – the leasehold interest; and (d) the land to which an interest in a mining tenement relates; and (e) for land held under a lease from the council – the leasehold interest. Land Council means an Aboriginal Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). Land Trust means an Aboriginal Land Trust established under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). loan, for Chapter 8, Part 8.6, see section 147(1). local authority means a local authority established by a council under section 76. local government area means an area that the Territory is divided into for the system of local government established by this Act. local government council means the council constituted for a local government area and is responsible for the government and management of the area at the local level. local government subsidiary, see section 67(1). Lord Mayor, see section 58(2)(a). Mayor, see section 58(1) or (3). member means (according to context) a member of an audit committee, a council, a council committee or a local authority. mining tenement means: (a) the following under the Mineral Titles Act 2010: (i) an extractive mineral lease; (ii) an extractive mineral permit; (iii) a mineral lease; (iv) a mineral authority that corresponds with a mineral lease, an extractive mineral lease or an extractive mineral permit; (v) a mineral claim granted under the Mining Act 1980 and continued under section 204 of the Mineral Titles

Local Government Act 2019 9 Act 2010 for which the Minister responsible for the administration of the Mineral Titles Act 2010 has not taken an action under section 203 of the Act; and (b) the following under the Petroleum Act 1984: (i) a production licence; (ii) a lease granted under the Petroleum (Prospecting and Mining) Act 1954 and continued under section 119(2) of the Petroleum Act 1984. municipality means the local government area classified as a municipality under section 15. municipal plan, see section 33(2)(a). NTCAT reviewable decision, see section 327(1). official manager, see section 318(2)(c)(i). occupier, of land, means a person who is, either jointly or alone, in possession of the land to the substantial exclusion of others. ordinary meeting, of a council, see section 90(1). owner, of land, means: (a) the holder of an estate of fee simple in the land; or (b) if the land is held from the Territory or a Land Trust under a pastoral or other lease – the lessee; or (c) if the land is within an Aboriginal community living area and is held under lease – the lessee; or (d) if the land is subject to a mining tenement – the holder of the tenement. prescribed corporation, see section 9. prescribed corporation panel, see section 127(2). President, see section 58(2)(b) or (3). principal member, of a council, means the member appointed or elected to be the principal member under section 60 or 61. principal ratepayer, for an allotment, see section 229.

Local Government Act 2019 10 private company means a proprietary company as defined in the Corporations Act 2001 with fewer than 25 members. prospective council means a prospective council established under section 19(2). public cemetery, see section 7 of the Burial and Cremation public office, of a council, means the office of the council that is open to the public during business hours. publish includes publish or broadcast by radio, television, Internet, telephone or other means. rateable, in relation to land, see section 218. rate concession, see section 247(1). ratepayer means a person who pays, or is liable to pay, rates or a charge imposed on land under Chapter 11. rates, for Chapter 11, Part 11.9, see section 252. rectification order, for Chapter 10, Part 10.9, see section 214(1). region means Territory region. regional plan, see section 33(2)(b). register of annual returns of interests, see section 111. register of declared conflicts, see section 116(1). register of declared gifts and benefits, see section 113(1). regulatory order, see section 282. relevant interest rate, see section 10. relevant returning officer, in relation to material that relates to an election, means the returning officer for an election that is: (a) after the election to which the material relates but not after the next periodic general election; and (b) for a ward or local government area affected by the election to which the material relates.

Local Government Act 2019 11 Remuneration Tribunal means the Tribunal as defined in section 2 of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act 2006. reserve, see section 76 of the Crown Lands Act 1992. responsible entity, for a community cemetery or a public cemetery, see section 7 of the Burial and Cremation Act 2022. returning officer, for an election: (a) if the election is a by-election – see section 136(10); or (b) otherwise – means the Electoral Commissioner. reviewable decision, see section 322(1). road, see section 270. shire means a local government area classified as a shire under section 15. shire plan, see section 33(2)(c). special meeting, of a council, see section 90(5). special rates, see section 238. special resolution means a resolution supported by the votes of at least three-quarters of the total number of members of the council. Territory region means a local government area classified as a region under section 15. urban farm land means land classified by a council as urban farm land under section 221. valuation roll means the valuation roll prepared and maintained under the Valuation of Land Act 1963. ward means a divided portion of a local government area. zone means a zone constituted under the Planning Act 1999. Note for section 7 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

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8 Meaning of associate A person is an associate of another person if: (a) they are in a close family relationship; or (b) they are in partnership; or (c) one is a company and the other is a director or manager of the company; or (d) they are related companies; or (e) one is a private company and the other is a shareholder in the company; or (f) a chain of relationships can be traced between them under one or more of the above paragraphs.

9 Meaning of prescribed corporation The prescribed corporation is the corporate entity prescribed by regulation.

10 Meaning of relevant interest rate A relevant interest rate is a rate of interest: (a) prescribed by regulation; or (b) if the rate of interest is not prescribed by regulation – fixed by

11 Public notice for matters in relation to elections (1) If this Act requires public notice to be given about a matter in relation to an election, notice about the matter must be published as (a) the returning officer for the election must publish information about the matter in a newspaper circulating in the relevant local government area; (b) the returning officer for the election must direct the relevant council to make that information available on the council's website in accordance with section 292. (2) The council must comply with the direction under subsection (1)(b).

Local Government Act 2019 13 (3) This section does not prevent the giving of notice about the matter in another way. Examples for subsection (3) Radio or television broadcast. (4) However, if under this Act, a specified period after a public notice is required or allowed for a matter, the period starts on the date the notice is first published under subsection (1).

12 Council policies to be consistent with code of conduct If this Act provides for a council to adopt a policy about a particular matter, the policy must be consistent with the council's code of

13 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 13 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

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Part 2.1 Local government areas

14 Local government system Under the system of local government established by this Act: (a) the Territory is divided into local government areas having regard to: (i) geography and natural configuration; and (ii) the nature and density of population; and (iii) the viability, and appropriateness, of each area as a separate unit of local government administration; and (b) a local government council is constituted for each area to be responsible for the government and management of the area at the local level.

15 Municipalities, regions and shires Local government areas are classified as municipalities, regions or shires according to their geographical size, the density of their population and their degree of urbanisation.

16 Power to establish local government etc. (1) The Administrator may, by Gazette notice, exercise any one or more of the following powers: (a) constitute a part of the Territory as a local government area or abolish a local government area; (b) merge 2 or more local government areas; (c) divide a local government area into 2 or more local government areas; (d) determine whether a local government area is a municipality, a region or a shire; (e) change a municipality into a shire or a shire into a municipality;

Local Government Act 2019 15 (f) change a municipality into a region or a region into a municipality; (g) change a region into a shire or a shire into a region; (h) assign a name to a local government area or change the name of a local government area; (i) assign a name to the council for a local government area or change the name of the council for a local government area; (j) define or change the boundaries of a local government area; (k) create or abolish wards; (l) define or change the boundaries of a ward; (m) assign a name to, or change the name of, a ward; (n) determine or change the number of members to be elected for a particular area or a ward within a particular area; (o) correct an error or omission in an earlier notice under this section. (2) The Minister may also, by Gazette notice, exercise any of the powers conferred by subsection (1) except the power to constitute or abolish a local government area under subsection (1)(a). (3) If a Gazette notice under subsection (1) or (2) changes the name of a local government area, or of a local government council, any reference to the area or council is taken to be read as a reference to the area or council as changed by the notice. (4) A local government area may consist of 2 or more non-contiguous sections.

17 Merger of local government areas or division of local government area (1) This section applies if the Administrator (or the Minister): (a) merges 2 or more local government areas under section 16(1)(b) or (2); or (b) divides a local government area into 2 or more local government areas under section 16(1)(c) or (2). (2) If there has been no substantial change affecting the electoral representation of a ward in the area, the Administrator may, by Gazette notice, make a declaration that the member or members of

Local Government Act 2019 16 the ward continue to hold office as a member or members of the council after the merger or division. (3) If a principal member continues to hold office under subsection (2), the principal member ceases to hold office as a principal member but continues to hold office as a member of the council after the merger or division. (4) The Administrator may, by Gazette notice, make a declaration that the principal member is to be elected or appointed after the merger or division. (5) The Minister may also, by Gazette notice, exercise the power conferred by subsection (2) or (4).

18 Consequential adjustment of rights and liabilities (1) The Administrator may, by Gazette notice, make any disposition of property or rights and liabilities in relation to a local government council that may be desirable as a consequence of: (a) the constitution or abolition of a local government area; or (d) a change to the boundaries of a local government area. (2) The Minister may also, by Gazette notice, exercise the power conferred by subsection (1). (3) On application for registration of a disposition of an interest in land made by the Administrator or the Minister under subsection (1), the Registrar-General must make appropriate entries in the land register.

19 Prospective council (a) the Administrator intends to constitute a local government area under section 16(1)(a) or divide a local government area into 2 or more local government areas under section 16(1)(c); or (b) the Minister intends to divide a local government area into 2 or more local government areas under section 16(2).

Local Government Act 2019 17 (2) The Administrator or the Minister may, by Gazette notice, establish a prospective council under the name to be assigned to the council for the intended local government area before exercising the power mentioned in subsection (1). (3) The prospective council: (c) is capable of acquiring, holding and disposing of real property (including leasehold) and personal property and of suing and being sued. (4) All courts, judges and persons acting judicially are to take judicial notice of the common seal of the prospective council affixed to a document and are to assume that it was duly affixed. (5) The prospective council is constituted by the person appointed under subsection (6) until the prospective council becomes the council or otherwise ceases to exist. (6) The Administrator or the Minister may, by Gazette notice, appoint a person to constitute the prospective council. (7) A prospective council established under subsection (2) has, subject to section 19A, full power to transact any business or do anything else as if: (a) the prospective council were the council for the intended local government area; and (b) the local government area had been constituted under section 16(1)(a). (8) When a local government area is constituted for the area for which the prospective council is established: (a) the prospective council becomes the council for the local government area and all rights, liabilities and obligations of the prospective council become the rights, liabilities and obligations of the local government council; and

Local Government Act 2019 18 (b) the person appointed to constitute the prospective council under subsection (6) constitutes the local government council until the day after the day on which the result of the general election for the council for the local government area is Note for section 19 The Minister must call a general election for an area if the area is newly constituted under section 134.

19A Protection from liability (1) A person appointed to constitute a prospective council under section 19(6) is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act. (2) Any civil liability that would, but for this section, attach to the person, attaches instead to the prospective council.

19B Performance of council functions before election of members of local government council (1) If a prospective council is established for an area of the Territory (the prospective LGA) that is already part of a local government area constituted under this Act (the existing LGA), the local government council for the existing LGA (the existing LGC) must continue to perform its functions in relation to the prospective LGA until the day mentioned in section 19(8)(b). (2) Despite subsection (1), the Administrator or the Minister may, by Gazette notice, make an order specifying the functions of the prospective council and the existing LGC in relation to the prospective LGA until the day mentioned in section 19(8)(b).

19C Other transitional orders (1) The Administrator or the Minister may, by Gazette notice, make an order in relation to a local government council or prospective council if the Administrator or Minister considers it necessary or desirable as a consequence of: (a) the constitution or abolition of a local government area; or

Local Government Act 2019 19 (d) a change to the boundaries of a local government area. (2) A order under subsection (1) may: (a) require a local government council for an area for which a prospective council is established to share specified information with the prospective council that is reasonably necessary for the prospective council to establish the operations of the council; and (b) provide for other transitional matters to give effect to a matter mentioned in subsection (1). Example for subsection (2)(a) Information about the following: (a) accrued entitlements of relevant council employees; (b) assets owned by the local government council; (c) council rates payable in relation to the area for which the prospective council was established. (3) A local government council or prospective council in relation to which an order is made under this section must comply with the order. (4) The CEO of the council and the person constituting the prospective council must take all reasonable steps to facilitate the council's or the prospective council's compliance with the order.

20 By-laws (1) This section applies in relation to by-laws that apply in a part of the Territory immediately before: (a) the constitution of a local government area; or (d) the boundaries of a local government area are changed; or (e) there is a change in the classification of a local government area.

Local Government Act 2019 20 (2) The by-laws: (a) continue to apply within the local government area to the extent that the by-laws applied before the constitution, merger, division, boundary change or change in classification; and (b) may be amended or repealed by the council for the area, even if the by-laws were not originally made by that council. (3) Despite subsection (2), the Administrator or the Minister may, by Gazette notice, determine the by-laws that apply to a local government area or part of a local government area.

21 Principal role of council The role of a council is: (a) to act as a representative, informed and responsible decision maker in the interests of its constituency; and (b) to develop a strong and cohesive social life for its residents and allocate resources in a fair, socially inclusive and sustainable way; and (c) to provide and coordinate public facilities and services; and (d) to encourage and develop initiatives for improving quality of life; and (e) to represent the interests of its area to the wider community; and (f) to exercise and perform the powers and functions of local government assigned to the council under this Act or another Act.

22 Functions of council (1) The functions of a council include the following: (a) to plan for the future requirements of its area for local government services; (b) to provide services and facilities for the benefit of its area, its residents and visitors; (c) to make prudent financial decisions;

Local Government Act 2019 21 (d) to manage the employment of the CEO; (e) to provide for the interests and well-being of individuals and groups within its area; (f) to carry out measures to protect its area from natural and other hazards and to mitigate the effects of such hazards; (g) to plan and develop council facilities and services in its area in a sustainable way; (h) to plan the use of council resources for the benefit of its area; (i) other functions assigned to the council under this Act or another Act. (2) The functions of a council may (if the council decides to perform the functions) include the following: (a) to promote its area as a location for appropriate industries or commerce or as an attractive tourist destination; (b) to establish or support programs that benefit its area.

23 Powers of council A council may do all things necessary or convenient to be done for, or in relation to, the performance of the council's functions.

24 Objectives of council A council has the following objectives: (a) to provide open, responsive and accountable government at the local level; (b) to be responsive to the needs, interests and aspirations of individuals and groups within its area; (c) to cooperate with Territory and national governments in the delivery of services for the benefit of its area; (d) to seek to ensure a proper emphasis on environmentally sustainable development within its area and a proper balance between economic, social, environmental and cultural considerations; (e) to place a high value on the importance of service to the council's constituency;

Local Government Act 2019 22 (f) to seek to ensure that council resources are used fairly, effectively and efficiently; (g) to seek to provide services, facilities and programs that are appropriate to the needs of its area and to ensure equitable access to its services, facilities and programs; (h) generally to act at all times in the best interests of the community as a whole.

25 Operations outside area (1) A council may provide services outside its own area but cannot exercise its regulatory powers outside its own area except: (a) by mutual agreement with the council in whose area the powers are to be exercised; or (b) if the powers are to be exercised outside a local government area – with the Minister's consent. (2) For subsection (1)(a), mutual agreement may only be established by resolution of each council to the agreement. (3) For subsection (1)(b), the council may only seek the Minister's consent by resolution of the council. (4) However, a council may exercise regulatory and other powers outside its own area without the agreement of another council or the Minister's consent (as the case requires), if the occasion for exercising the powers arises from circumstances occurring in the council's area. A dangerous dog attacks a child in the area of council A and becomes liable to seizure and destruction under the by-laws of that council. The dog is removed to the area of council B. In this case, council A may (without the agreement of council B) have the dog seized and destroyed in the area of council B.

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Part 3.1 Definition

26 Definition In this Chapter: committee means the Local Government Representation Committee, established by section 27.

27 Local Government Representation Committee (1) There is a Local Government Representation Committee. (2) The committee consists of: (a) the Electoral Commissioner; and (b) the Surveyor-General; and (c) the CEO of the prescribed corporation. (3) The chairperson of the committee is the person mentioned in subsection (2)(c).

28 Powers of committee (1) The committee may recommend: (a) if a local government area is divided into wards: (i) that the local government area remain divided into the same wards or be divided into different wards; or (ii) that the local government area should not be divided into wards; or (b) if a local government area is not divided into wards: (i) that the local government area remain that way; or (ii) that the local government area should be divided into wards.

Local Government Act 2019 24 (2) If the committee makes a recommendation that a local government area be divided into wards or different wards, the committee must also recommend: (a) the number of wards for the local government area; and (b) the boundaries of the wards for the local government area; and (c) the number of ordinary members for each ward. (3) However, the recommendation under subsection (2)(c) must provide for the same total number of positions for ordinary members for the area that was in place before the recommendation. (4) The committee may make other recommendations in relation to the local government area. The committee may make a recommendation in relation to: (a) the names of the wards; or (b) the external boundaries of the local government area.

29 Procedures Subject to this Act, the committee may determine its own procedures.

30 Considerations for recommendation (1) Before making a recommendation under section 28, the committee must: (a) invite written submissions from the council for the local government area and the public no later than 10 months after the election day for a periodic general election for the council; and (b) allow at least 60 days after the invitation to make submissions under paragraph (a) to receive submissions; and (c) after receiving the submissions: (i) consider the submissions; and (ii) publish a preliminary report on its website proposing its recommendation or alternate recommendations; and

Local Government Act 2019 25 (iii) invite written submissions from the council and the public on the preliminary report; and (d) allow at least 60 days after the invitation to make submissions under paragraph (c)(iii) to receive submissions; and (e) after receiving the submissions: (i) consider the submissions; and (ii) publish a final report with its recommendation on its website. (2) The committee may, for subsection (1)(c), hold a public hearing or request further information from a person who made a submission. (3) The committee must provide its final report to the council and the Minister at least 18 months before the next periodic general election for the council.

31 Assessment criteria for committee to use in recommendations In making a recommendation under section 28, the committee must consider the following matters: (a) community of interests in the local government area including economic, social and regional interests; (b) types of communication and travel in the local government area with special reference to issues arising out of remoteness or distance; (c) the trend of population changes in the local government area; (d) the density of population in the local government area; (e) the physical features of the local government area.

32 Assessment criteria in relation to division of wards (1) This section applies if the committee recommends : (a) if a local government area is divided into wards – that the local government area remain divided into the same wards or be divided into different wards; or (b) if a local government area is not divided into wards – that the local government area should be divided into wards.

Local Government Act 2019 26 (2) In making the recommendation, the committee must consider the desirability of: (a) the number of electors for each ward being as near to equal as practicable at the next general election; and (b) keeping the area of each ward containing rural and remote areas as small as practicable; and (c) keeping the demographic and geographic nature of each ward as uniform as practicable; and (d) including an identifiable community wholly within one ward if

33 Meaning of municipal, regional or shire plans (1) Each council must have a plan for its area. (2) The plan for a council is: (a) for a municipality – the municipal plan; and (b) for a region – the regional plan; and (c) for a shire – the shire plan. (3) A council's municipal, regional or shire plan: (a) must be accessible on the council's website; and (b) must be available for inspection at the council's public office; and (c) must be available for purchase from the council's public office at a fee fixed by the council.

34 Contents of municipal, regional or shire plan (1) A municipal, regional or shire plan: (a) must include: (i) a service delivery plan for the period to which the plan relates; and (ii) the council's budget and any amended budget; and

Local Government Act 2019 27 (b) must include, or incorporate by reference: (i) any long-term, community or strategic plan adopted by the council or a local authority and relevant to the period to which the plan relates; and (ii) the council's long-term financial plan; and (c) for a regional plan – must take into account the projects and priorities for the area identified by a local authority or authorities; and (d) must define indicators for judging the standard of the council's performance. (2) A municipal, regional or shire plan incorporates a plan or assessment by reference if it refers to the plan or assessment and includes a link or reference to a webpage on which the plan or assessment is accessible.

35 Municipal, regional or shire plans (1) A council must, by resolution, adopt its municipal, regional or shire plan between 1 March and 30 June in each year. (2) The council must give a copy of the plan to the Agency by the latter date mentioned in subsection (1). (3) Before the council adopts its municipal, regional or shire plan for a particular year, the council must: (a) at a meeting of the council, approve a draft of the plan; and (b) make the draft plan accessible on the council's website and make copies available for public inspection at the council's public offices; and (c) publish a notice on its website inviting written submissions on the draft plan within a period (at least 21 days) from the date of publication of the notice; and (d) consider the submissions made in response to the invitation and make any revisions to the draft the council considers appropriate in the light of the submissions. (4) A copy of the draft of the plan must be provided to the members of the council at least 6 business days before the meeting referred to in subsection (3)(a).

Local Government Act 2019 28 (5) Although the council's budget forms part of its municipal, regional or shire plan, this section does not apply to the adoption of the budget or of an amended budget. (6) The adoption of a budget, or of an amended budget, operates to amend the municipal, regional or shire plan so that it conforms with the most recent budget of the council.

36 Core services (1) The Minister may, by Gazette notice, advise a council as to the services that, in the Minister's view, are services that the council should, as a priority, provide. (2) The council must consider the advice when adopting and renewing its plan.

Division 1 Corporate nature, capacity and powers of council Local Government Act 2019 29 Division 1 Corporate nature, capacity and powers of council 37 Council as body corporate (1) A council: (c) is capable, in its corporate name, of acquiring, holding and disposing of real property (including leasehold) and personal property and of suing and being sued. (2) All courts, judges and persons acting judicially are to take judicial notice of the common seal of a council affixed to a document and are to assume that it was duly affixed. (3) A council has the name assigned to it under section 16(1)(i). (4) A council has the functions and powers conferred by this Act or another Act.

38 How council acts in its corporate capacity (1) A council acts: (a) through local authorities, council committees, officers, staff and agents to whom the council has delegated powers or authorised to act on its behalf; or (b) through officers or other persons authorised by this Act (or a by-law) to act on the council's behalf; or (c) under its common seal. It follows that a contract is to be made by a council under its common seal or by an officer or other agent of the council with authority to act on its behalf. (2) The affixing of the common seal to a document: (a) must be authorised or ratified by resolution of the council; and

Local Government Act 2019 30 (b) must be attested by the signatures of the CEO and at least one member of the council.

39 Formation, ownership or participation in other bodies corporate (1) A council must not form, own (in full or in part) or otherwise participate in any type of corporation, partnership or other trading body, irrespective of whether such formation, ownership or participation is for the purposes of investment or otherwise. (2) However, the Minister, in consultation with the Treasurer, may approve a formation, ownership or participation, on any conditions the Minister thinks fit.

40 Delegation (1) A council may delegate its powers and functions. (2) A delegation may be made to: (a) the CEO; or (b) a council committee; or (c) a local authority; or (d) a local government subsidiary. (3) Despite subsection (1): (a) the power to impose rates and charges cannot be delegated; and (b) if power to incur financial liabilities is delegated – the council must, by resolution, fix reasonable limits on the delegate's authority; and (c) a delegation cannot duplicate or derogate from the CEO's functions (including delegated functions); and (d) subject to subsections (4) and (5), power to enter into a transaction on conditions that are not arm's length conditions cannot be delegated; and (e) subject to subsections (4) and (5), power to make a decision that requires a council resolution cannot be delegated; and

Local Government Act 2019 31 (f) if power to enter into a contract is delegated – the contract must be below the threshold value. (4) A council may delegate to the CEO the following: (a) the power to enter into a transaction on conditions that are not arm's length conditions if the transaction will provide a community benefit; (b) the power to waive a fee for service (wholly or partly) under section 289(4) if the waiver will provide a community benefit. Note for subsection (4)(b) A decision to waive a fee for service (wholly or partly) under section 289(4) requires a council resolution. (5) A delegation under subsection (4) must be in accordance with the regulations and any guidelines that the Minister may make. (6) A council must, within the first 6 months of its term, determine, by resolution, the threshold value for a contract for subsection (3)(f). (6A) Despite subsection (2), a council, as the responsible entity for a public cemetery or a community cemetery, may only delegate the powers and functions of the responsible entity under the Burial and Cremation Act 2022 to a local government subsidiary. (7) In this section: arm's length conditions means the conditions that might be expected to operate between commercial entities dealing wholly independently with one another in comparable circumstances.

41 Review of delegation A council must review any delegations of its functions and powers within the timeframe prescribed by regulation.

42 Composition of council A council consists of the members elected or appointed to the council under this Act.

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43 Vacancy etc. in office of member The validity of a decision or act of a council is unaffected by: (a) a vacancy in the office of a member; or (b) a defect in the appointment or election of a member; or (c) the fact that a person has acted in the office of a member while disqualified from office.

44 Role of members (1) The role of a member of a council is: (a) to represent the interests of all residents and ratepayers of the council area; and (b) to provide leadership and guidance; and (c) to facilitate communication between the members of the council's constituency and the council; and (d) to be properly informed to enable participation in the deliberations of the council and its community activities; and (e) to ensure, as far as practicable, that the council acts honestly, efficiently and appropriately in carrying out its statutory responsibilities; and (f) to ensure that council resources are used prudently and solely in the public interest; and (g) to actively monitor the financial affairs of the council. (2) However, a member of the council has no power to direct or control staff of the council, or to interfere with the management of staff of (3) A member of the council has a duty to act, at all times, in what the member genuinely believes to be the best interests of the council's constituency.

45 Professional development of members (1) The CEO of the Agency may approve training courses for members of a council.

Local Government Act 2019 33 (2) The training courses must be about the responsibilities of being a member of council under this Act. (3) A member of a council must complete a training course within 12 months of each general election. (4) If a member is elected in a by-election or appointed to fill a casual vacancy, the training course must be completed within 12 months of the election or appointment, unless the election or appointment is less than 12 months before the next general election.

46 Eligibility for membership A person is eligible for election or appointment as a member of a council unless the person is disqualified under section 47.

47 Disqualification (1) A person is disqualified from office as a member of a council if the person: (a) holds a judicial office; or (b) is bankrupt; or (c) is sentenced to a term of imprisonment of 12 months or more for an offence against the law of the Commonwealth or of a State or Territory in the circumstances specified in subsection (3); or (d) is a staff member of the council; or (e) is a staff member of the local government subsidiary of which the council is a constituent council of the local government subsidiary; or (f) is indebted to the council and fails to discharge the debt within 6 months after the debt becomes due and payable in accordance with the regulations; or (g) is certified mentally unfit to carry out the functions of a member; or (h) is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and

Local Government Act 2019 34 (i) is disqualified under section 40 of the Associations Act 2003 from being an officer of an incorporated association; or (j) is a member of the Commonwealth House of Representatives or the Senate; or (k) is determined by NTCAT to be unfit to be a member under section 133; or (l) for the period mentioned in that subsection – is incapable of holding a local government office under section 89(3) of the Criminal Code; or (m) ceases to be enrolled as an elector in respect of a place of residence within the area; or (n) ceases to have a principal place of residence within the area; or (o) is absent, without permission of the council in accordance with the regulations, from 2 consecutive ordinary meetings of the A person is not qualified to be a member of a council if the person is a member of the Legislative Assembly (see section 21(1)(a) of the Northern Territory (Self-Government) Act 1978 (Cth)). (2) For subsection (1)(a), a judicial office includes the following, but does not include a justice of the peace: (a) a Justice of the High Court; (b) a Judge of the Federal Court; (c) a Supreme Court Judge; (d) a Local Court Judge; (e) the President, a Deputy President or an ordinary member of NTCAT. (3) For subsection (1)(c), a person is disqualified if: (a) the person is serving the term of imprisonment of 12 months or more over the period that the person would have otherwise been eligible as a member of a council or a candidate for election as a member of a council; or

Local Government Act 2019 35 (b) the person is sentenced to a term of imprisonment of 12 months or more after the person is elected to be a member of a council. (4) For subsection (1)(g), a person is certified mentally unfit to carry out the functions of a member if 2 medical practitioners have certified that the person is mentally unfit, and likely to remain unfit for the remainder of the person's term of office, to carry out the functions of a member.

48 Basic term of office (1) A council member is elected or appointed for a term of office ending at the conclusion of the next general election following the member's election or appointment. (2) If a member continues to be eligible for membership, the member is eligible for re-election for a successive term or terms.

49 Disclosure requirements (1) If a council member is convicted of any offence, the member must notify the CEO of the conviction as soon as practicable. (2) The CEO must notify the Agency of the conviction no later than 14 days after the CEO has been notified by the member under subsection (1). (3) A member commits an offence if: (a) the member is convicted of an offence; and (b) does not notify the CEO of the conviction. Note for section 49 If a member is convicted of an offence demonstrating that the member to be unfit to remain in office, NTCAT may determine the member is unfit to be a member under section 133.

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50 Casual vacancies Subject to this Act, a person ceases to hold office as a member of a council if the person: (a) dies; or (b) is disqualified from office as a member of the council under section 47; or (c) resigns by written notice given to the CEO.

51 Resignation or notification if disqualified (1) If a member reasonably believes the member ceases to hold office as a member of a council under section 47(1)(a) to (j) or (l) to (o), the member must resign by written notice to the CEO as soon as (2) A resignation under subsection (1): (a) cannot be withdrawn; and (b) takes effect on the date the notice is given to the CEO. (3) The CEO must give a copy of the notice mentioned in subsection (1) to the Electoral Commissioner as soon as (4) If a person has ceased to hold office because of section 50(a), the CEO must notify the Electoral Commissioner as soon as (5) A person commits an offence if: (a) the person is: (i) disqualified from office as a member of the council under section 47(1)(a) to (j) or (l) to (o); and (ii) reckless in relation to that circumstance; and (b) the person fails to resign by written notice to the CEO as soon as practicable. (6) Strict liability applies to subsection (5)(b).

Local Government Act 2019 37

52 Electoral Commissioner to confirm if person is not enrolled as an elector (a) a person has ceased to hold office because the person is disqualified under section 47(1)(m); and (b) the person does not resign under section 51(1). (2) The CEO must, in writing, request the Electoral Commissioner to confirm that the person is not enrolled as an elector in respect of a place of residence within the area for the council for which the person held office as a member. (3) If the Electoral Commissioner confirms, in writing, that the person is not enrolled as an elector under subsection (2), the person's disqualification takes effect on the date of the Electoral Commissioner's written notice.

53 Notifying CEO of resignation (1) If a member resigns by written notice given to the CEO under section 50(c), the resignation: (a) cannot be withdrawn; and (b) takes effect on the date the notice is given to the CEO or on a date (not more than 3 months later) specified in the notice. (2) The CEO must give a copy of the notice mentioned in subsection (1) to the Electoral Commissioner as soon as

54 Filling casual vacancy generally (1) This section applies if a casual vacancy occurs in the office of a member other than a principal member. (2) If a casual vacancy occurs: (a) 18 months or more before the next general election – the council must hold a by-election; or (b) less than 18 months, but more than 6 months, before the next general election – the council must, by vote of existing members, do one of the following: (i) decide to appoint a person to fill the vacancy until the next general election;

Local Government Act 2019 38 (ii) hold a by-election; or (c) 6 months or less before the next general election – the council must, by vote of existing members, do one of the following: (i) appoint a person to fill the vacancy until the next general election; (ii) leave the office vacant. (3) The council must fill a casual vacancy under subsection (2)(b) or (c) in accordance with its policy for filling casual vacancies, adopted by resolution.

55 Reinstatement if member stands as candidate (1) Despite section 54, a person is reinstated as a member of the council if: (a) the person resigns in order to stand as a candidate for election to the Legislative Assembly, the Commonwealth House of Representatives or the Senate; and (b) the resignation takes effect not more than 28 days before the close of nominations for the relevant election; and (c) the person is not elected; and (d) the person applies to the CEO to be reinstated as a member of the council within 7 days after the result of the election is (2) A person reinstated to office under subsection (1) is not entitled to any remuneration, allowances, expenses or benefits for the period between resignation and reinstatement. (3) If the person reinstated to office under subsection (1) is the principal member: (a) the vacancy is taken to be a period during which the member was absent from official duties; and (b) the member is reinstated as the principal member.

Local Government Act 2019 39 (4) If the member reinstated to office under subsection (1) is the deputy principal member: (a) if the member's term of office as the deputy principal member did not expire during the period between resignation and reinstatement – the member is reinstated as the deputy principal member; or (b) if the member's term of office as the deputy principal member expired during the period between resignation and reinstatement – the member is reinstated as an ordinary member. (5) A member ceases to hold office as a member of the council under this section if the result of the election is declared and: (a) the member has been elected; or (b) the member has not been elected, the period for applying for reinstatement under subsection (1) has expired and the former member has not applied for reinstatement.

56 Determination of eligibility for office by NTCAT (1) A person may apply to NTCAT to determine whether a member is eligible to hold office if the member may be disqualified under section 47, unless the member may be disqualified under section 47(1)(k) or (m). (2) The member whose eligibility is to be determined is the respondent to the application under subsection (1). (3) The applicant must serve the application on the respondent. (4) The respondent may, within 7 days after service or a longer period allowed by NTCAT, file in NTCAT a reply to the application. (5) The reply must be served on the applicant. (6) If NTCAT determines a member is not eligible to hold office, NTCAT may dismiss the member from office. (7) NTCAT must, in writing, notify the Electoral Commissioner if it dismisses a member under subsection (6).

Local Government Act 2019 40

Subdivision 4 Protection from liability

57 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a member of a council. (2) Any civil liability that would, but for this section, attach to a member of a council, attaches instead to the council.

58 Mayor or President (1) The principal member of a municipal council is to have the title Mayor. (2) However: (a) in the case of the council for the City of Darwin local government area – the principal member is to have the title Lord Mayor; and (b) in the case of the Litchfield Council – the council may, by resolution, decide the principal member instead has the title President. (3) A council for a region or a shire may, by resolution, decide the principal member of the council has the title Mayor or President.

59 Role and functions of principal member and deputy or acting principal member (1) In addition to the role of a member mentioned in section 44, the principal member of a council has the following functions: (a) to chair meetings of the council; (b) to speak on behalf of the council as the council's principal representative;

Local Government Act 2019 41 (c) to liaise with the CEO about the performance of the council's and CEO's functions; (d) to promote behaviour among the members of the council that meets the standards set out in the code of conduct; (e) to lead the council to undertake regular review of the performance of the CEO. (2) In addition to the role of a member mentioned in section 44, the role of the deputy principal member of a council is to carry out any of the principal member's functions when the principal member: (a) delegates the functions to the deputy; or (b) is absent from official duties because of illness or for some other reason. (3) If the principal member is absent from official duties and there is no deputy principal member or the deputy is not available to act in the principal member's position, the council may, by resolution, appoint another member of the council to act in the principal member's position for a specified period or until the principal member resumes official duties.

60 Election or appointment of principal member (1) The principal member of a council is to be elected or appointed to the office. (2) A council is taken to have chosen appointment as the basis of filling the office until the council changes the basis of filling the office under subsection (3). (3) A council may, by special resolution, change the basis of filling the office. (4) The council must, as soon as practicable, notify the Electoral Commissioner and the CEO of the Agency if the council changes the basis of filling the office under subsection (3). (5) However, a change to the basis of filling the office: (a) may only be made once during a council's term; and (b) must be made at least 12 months, but not more than 18 months, before the end of that term.

Local Government Act 2019 42 (6) If a change is made to the basis of filling the office: (a) the change does not take effect until the next general election; and (b) for the next general election, the change takes effect as (i) if the change is that the office is to be filled by election – the number of members of the council is increased by one; (ii) if the change is that the office is to be filled by appointment – the number of members of the council is decreased by one. (7) If there is a change in the classification of a local government area under section 16, the basis of filling the office of the principal member remains the same as it was before the change, until changed under this section.

61 Election or appointment of principal member and deputy principal member (1) If election is the basis of filling the office of the principal member, the office is to be filled at each general election. (2) If appointment is the basis of filling the office of the principal member of a council, the council must, at the first meeting of a council after a general election, appoint one of its members to be the principal member. (3) The council may appoint another one of its members to be the deputy principal member of the council.

62 Term of office (1) The principal member is elected or appointed for a term of office ending at the conclusion of the next general election. (2) The deputy principal member is appointed for a term of office ending at the conclusion of the next general election or a lesser term fixed by the council when it makes the appointment.

63 Resignation of principal member (1) If appointment is the basis of filling the office of the principal member of a council, the principal member may resign as the principal member and continue the member's term of office as an ordinary member.

Local Government Act 2019 43 (2) The resignation must include the following: (a) a statement that the principal member is resigning from the office of principal member; (b) a statement whether the principal member is also resigning from the office of ordinary member. (3) If the resignation does not include the statement mentioned in subsection (2)(b), the member is taken not to have resigned from the office of ordinary member. (4) If election is the basis of filling the office of the principal member, the member is not entitled to continue the member's term of office as an ordinary member. Note for section 63 Section 52 provides that a resignation takes effect on the date the notice is given to the CEO or on a date (not more than 3 months later) specified in the notice.

64 Resignation of deputy principal member (1) The deputy principal member of a council may resign as the deputy principal member and continue the member's term of office as an ordinary member. (2) The resignation must include the following: (a) a statement that the deputy principal member is resigning from the office of deputy principal member; (b) a statement whether the deputy principal member is also resigning from the office of ordinary member. (3) If the resignation does not include the statement mentioned in subsection (2)(b), the member is taken not to have resigned from the office of ordinary member. Note for section 64 Section 53(1)(b) provides that a resignation takes effect on the date the notice is given to the CEO or on a date (not more than 3 months later) specified in the notice.

65 Filling casual vacancies – principal member (1) This section applies if a casual vacancy occurs in the office of a principal member. Section 54(2) applies to fill the casual vacancy in the office of an ordinary member if appointment was the basis for filling the office of the principal member.

Local Government Act 2019 44 (2) If appointment was the basis for filling the office of the principal member, and a casual vacancy in the office of the principal member occurs, the council: (a) if the vacancy occurs 3 months or more before the next general election – must, by vote of existing members, appoint a member to fill the vacancy; or (b) if the vacancy occurs less than 3 months before the next general election – must, by vote of existing members, do one of the following: (i) appoint a member to fill the vacancy; (ii) leave the office vacant. (3) If election was the basis for filling the office of the principal member, and a casual vacancy in the office of the principal member occurs, the council: (a) if the vacancy occurs 18 months or more before the next general election – must hold a by-election; or (b) if the vacancy occurs less than 18 months but more than 3 months before the next general election – must, by vote of existing members, do one of the following: (i) appoint a person to fill the vacancy; (ii) hold a by-election; or (c) if the vacancy occurs 3 months or less before the next general election – must, by vote of existing members, do one of the (i) appoint a person to fill the vacancy; (ii) hold a by-election; (iii) leave the office vacant. (4) If a person is voted to fill a casual vacancy in the office of an elected principal member: (a) the person is not (unless appointed by the council to be its principal member) to be the council's principal member; and (b) the council may appoint any of its existing members to be its principal member for the remainder of the council's term; and

Local Government Act 2019 45 (c) if the council does not fill a casual vacancy in the office of an elected principal member – it may appoint any of its existing members to be its principal member for the remainder of its term.

Part 4.3 Council office

66 Council office (1) A council must have at least one public office. (2) A public office must be open to the public at reasonable times determined by the council. (3) If a council has more than one public office, a document to be displayed or available for inspection at the council's public office must be displayed or available for inspection at each of the public offices.

67 Local government subsidiary (1) If the Minister approves, a council or 2 or more councils acting together (the constituent council or councils) may form a body corporate (a local government subsidiary) to carry out functions related to local government on behalf of the constituent council or councils. (2) The local government subsidiary and the constituent council or councils must comply with: (a) any conditions of the Minister's approval; and (b) any guidelines that the Minister may make.

68 Corporate identity and functions of local government (1) A local government subsidiary comes into existence as a body corporate on a date fixed by the Minister by Gazette notice. (2) A local government subsidiary:

Local Government Act 2019 46 (c) is capable, in its corporate name, of acquiring, holding and disposing of real property (including leasehold) and personal property and of suing and being sued. (3) All courts, judges and persons acting judicially are to take judicial notice of the common seal of a council affixed to a document and are to assume that it was duly affixed. (4) A local government subsidiary: (a) has the name assigned in its constitution; and (b) has the powers and functions conferred or assigned by its constitution. (5) A local government subsidiary acts: (a) through officers or agents appointed for the purpose; or (b) under its common seal. (6) The common seal of a local government subsidiary may only be affixed to a document as authorised by its constitution. (7) The constituent council or councils are jointly and severally liable for any liabilities of the local government subsidiary.

69 Constitution of local government subsidiary (1) The constitution of a local government subsidiary must be approved by the Minister. (2) The constitution must provide that any liabilities of the local government subsidiary are guaranteed by the constituent council or councils. (3) The constituent council or councils may, with the Minister's approval, vary the constitution of the local government subsidiary. (4) The approved constitution must be accessible on the Agency's website and on the website of the constituent council or councils.

70 Reporting obligations (1) Each constituent council for a local government subsidiary is responsible for ensuring that proper accounts are kept of the local government subsidiary's financial affairs.

Local Government Act 2019 47 (2) Each constituent council's annual report is to contain, or to incorporate by reference, a report on the local government subsidiary's activities for the relevant financial year including audited financial statements for the relevant financial year.

71 Chief executive (1) A local government subsidiary must appoint an individual to be the chief executive for the local government subsidiary. (2) The chief executive is the person in charge of day-to-day operations of the local government subsidiary. (3) A person is not eligible to be the chief executive if: (a) the person is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and (b) the person is disqualified under section 40 of the Associations Act 2003; or (c) the person is bankrupt. (4) However, a person mentioned in subsection (3) becomes eligible to be the chief executive if the circumstances in that subsection no longer apply to the person.

72 Delegation by chief executive (1) The chief executive may delegate a power or function under this Act or another Act to a person or committee. (2) However, the chief executive must not delegate a power or function to any of the following: (a) an audit committee; (b) a council committee; (c) a local authority.

73 Offences for conflict of interest (b) the staff member has a personal or financial interest in a matter in regard to which the member is required or authorised to act or give advice; and

Local Government Act 2019 48 (c) the member does not disclose the interest: (i) if the staff member is the chief executive – to the local government subsidiary; or (ii) in any other case – to the chief executive. (b) the staff member has a personal or financial interest in a matter in regard to which the member is required or authorised to act or give advice; and (c) the staff member acts in the matter in a way other than as authorised by the chief executive or the local government subsidiary under subsection (5) (as the case requires). subsection (1) or (2) if the defendant was unaware of the personal or financial interest. (5) The local government subsidiary may: (a) provide authorisation, on any conditions it considers appropriate, to the chief executive; and (b) authorise the chief executive to provide authorisation, on any conditions the chief executive considers appropriate, to a staff member. (6) The local government subsidiary provides the authorisation under subsection (5): (a) for a local government subsidiary with one constituent council – by resolution of the constituent council; or (b) for a local government subsidiary with more than one constituent council – by resolution of the local government

Local Government Act 2019 49 (7) In this section: (a) a person who is not an employee but works for, or provides services to, the local government subsidiary on a contract basis; or (b) a person who works for the local government subsidiary under an arrangement with a labour hire agency; or (c) a person acting under powers of the local government subsidiary conferred by delegation.

74 Abolition of local government subsidiary (1) The Minister may, by Gazette notice, abolish a local government (2) Irrespective of the constitution of the local government subsidiary, on abolition of a local government subsidiary, the Minister may make directions in relation to the transfer or vesting of its property, rights and liabilities.

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75 Object The object of this Part is to achieve effective integration and involvement of local communities in the system of local government as it relates to regions.

76 Local authorities (1) The Minister may, by Gazette notice, identify a council for a region that must establish and maintain one or more local authorities. (2) A council identified in a Gazette notice mentioned in subsection (1) must establish and maintain the local authority in accordance with any guidelines that the Minister may make. (3) The Minister may, by Gazette notice, abolish a local authority.

77 Constitution of local authority (1) A local authority consists of: (a) at least one member of the council appointed by the council by resolution; and (b) such other members of the community or communities within the local authority's area as the council appoints as members of the local authority by resolution. A member of the council's staff is eligible for appointment as a member of a local authority. (2) The member mentioned in subsection (1)(a) is required to be a member for the ward in which the local authority is located and may be the principal member. (3) The council must appoint the members under subsection (1)(b) in

78 Functions of local authority The functions of a local authority are: (a) to involve local communities more closely in issues related to local government; and

Local Government Act 2019 51 (b) to ensure that local communities are given an opportunity to express their opinions on questions affecting local government; and (c) to allow local communities a voice in the formulation of policies for the locality as well as policies for the area and the region; and (d) to take the views of local communities back to the council and act as advocates on their behalf; and (e) to contribute to the development of the relevant regional plan; and (f) to make recommendations to the council in relation to: (i) the council's budget; and (ii) the part of the council's area within which the local authority performs its functions; and (fa) to endorse the cemetery plan and cemetery policies for each public cemetery and community cemetery located within the authority's area; and (g) to perform other functions assigned to the local authority by the Minister, in accordance with any guidelines that the Minister may make.

79 Limits on functions of local authority (1) A local authority must comply with any guidelines that the Minister may make. (2) A local authority is subject to control and direction by the council, subject to any guidelines that the Minister may make.

80 Reporting The local authority and the council must provide each other with reports in accordance with any guidelines that the Minister may make.

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81 Council to work with local authority A council for a region that has established and maintained one or more local authorities must: (a) seek advice and recommendations from the local authority or local authorities in relation to the following: (i) the council's budget; (ii) the council's priorities for expenditure; (iii) the council's service delivery; (iv) the council's regional plans; (v) the council's strategic directions; (vi) the council's funding; (vii) matters in relation to cemeteries, including cemetery plans and cemetery policies for the public cemeteries and community cemeteries located within the local authority's area; and (b) ensure its strategies and plans are informed by the vision and priorities of the local authority or local authorities; and (c) work with the local authority or local authorities to foster constructive working relationships between the council members and the residents and organisations of the region. Notes for section 81

1 A council's regional plan must take into account the projects and priorities for the area as identified by a local authority under section 34(1)(c).

2 The minutes of a meeting of a local authority must form part of the agenda of the next ordinary meeting of the council under section 101(5). 3 A council's annual report must provide an assessment of the council's performance of service delivery and projects with reference to the advice and recommendations of a local authority or authorities under section 291(1)(g).

82 Council committees (1) A council may, by resolution, establish one or more council committees.

Local Government Act 2019 53 (2) A council committee consists of the persons appointed, by resolution, by the council to be members of the committee. (3) The members of a council committee may consist of, or include, persons who are not members of the council. A member of the council's staff is eligible for appointment as a member of a council committee (even though staff members are disqualified from membership of the council itself). (4) The terms and conditions on which a person holds office as a member of a council committee are to be as determined by the (5) The council may, by resolution, abolish a council committee. (6) The council must establish or abolish a council committee in

83 Nature of committee's functions (1) A council committee has the functions assigned to the committee by the council. (2) The assigned functions may be of an executive or advisory nature. (3) A council committee carries out, on behalf of the council, functions delegated to it by the council. (4) A council committee must have terms of reference, approved by council resolution, that set out its functions.

84 Control and direction by council A council committee is subject to control and direction by the

85 Procedures Subject to any direction by the council, a council committee may determine its own procedures.

86 Audit committee (1) A council must, by resolution, establish and maintain an audit committee.

Local Government Act 2019 54 (2) An audit committee consists of the persons appointed, by resolution, by the council to be members of the committee. (3) The members of an audit committee may consist of, or include, persons who are not members of the council. A member of the council's staff is eligible for appointment as a member of an audit committee (even though staff members are disqualified from membership of the council itself). (4) However, the chairperson of an audit committee must not be a member of the council or a member of the council's staff. (5) The terms and conditions on which a person holds office as a member of an audit committee are to be as determined by the (6) The council may, by resolution, abolish an audit committee. (7) The council must establish or abolish an audit committee in

87 Nature of committee's functions An audit committee has the following functions in relation to a council: (a) to monitor and review the integrity of the council's financial management; (b) to monitor and review internal controls; (c) to make recommendations to the council about any matters the committee considers require the council's consideration as a result of the committee's functions under paragraph (a) or (b).

88 Control and direction by the council An audit committee is subject to control and direction by the

89 Procedures Subject to any direction by the council, an audit committee may determine its own procedures.

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90 Nature and timing of council meetings (1) A council must hold a meeting of its members (an ordinary meeting) at least once in each successive period of 2 months. (2) Subject to this Act, a council may deal with business of any kind at an ordinary meeting. (3) The first ordinary meeting of a council to be held after a general election must: (a) be held within 21 days after the conclusion of that general election; and (b) set the schedule for the holding of ordinary meetings for the term of the council. (4) The schedule for the holding of ordinary meetings may be altered at a subsequent meeting. (5) The council may hold a meeting to deal with a particular item of business (a special meeting) whenever circumstances require.

91 Convening of meetings (1) Meetings of a council are to be convened by the CEO. (2) The CEO must convene a special meeting of the council at a specified time and place to deal with specified business if: (a) the principal member or 3 or more other members request the CEO in writing to convene the meeting; or (b) the council resolves that the special meeting should be convened. (3) If the CEO fails to convene a meeting required under this Act, a meeting may be convened by any member of the council.

92 Notice for meeting (1) A notice convening a council meeting:

Local Government Act 2019 56 (b) must state the date, time, place and agenda (including any confidential business) for the meeting; and (c) must include any business papers to be considered at the meeting (including any business papers for confidential business); and (d) must be given to the members: (i) in the case of an ordinary meeting – at least 3 business days before the date of the meeting; and (ii) in the case of a special meeting – at least 4 hours before the time appointed for the meeting. (2) The notice may be given to a member personally, by post, by email, by any other electronic means or in any other way arranged by the CEO with the member.

93 Publication of notice (1) The notice: (a) for an ordinary meeting – must be published on the council's website at least 3 business days before the date of the meeting; and (b) for a special meeting – must be published on the council's website at least 4 hours before the time of the meeting. (2) If business that deals with confidential information is to be considered at the meeting, the notice available to the public must contain a statement of that fact and the provision of this Act under which the information is confidential. (4) If the business papers considered at the meeting are different to the business papers published for the meeting under subsection (1), the business papers considered at the meeting must be published on the council's website at the same time the minutes of the meeting are published under section 102(2). (5) If any other papers or documents are considered at a meeting that have not been published for the meeting under subsection (1), the papers or documents must be published on the council's website at the same time the minutes of the meeting are published under section 102(2). Note for section 93 1 Information may be suppressed from the material that is made publicly available because the information is confidential (see section 293).

Local Government Act 2019 57 2 The regulations prescribe the information that may be suppressed.

94 Business to be considered at meeting An ordinary meeting may deal with business of any kind but a special meeting may deal only with the business for which the special meeting was convened unless all members are present at the special meeting and unanimously decide, by resolution, to deal with other business.

95 Procedure at meeting (1) The chairperson of a meeting of a council is: (a) if the principal member is present – the principal member; or (b) if the principal member is not present but the deputy principal member is present – the deputy principal member; or (c) if neither the principal member nor the deputy principal member is present but an acting principal member is present – the acting principal member; or (d) if neither the principal member nor the deputy principal member is present and there is no acting principal member or the acting principal member is not present – a member chosen, by resolution, by the members present at the meeting to chair the meeting. (2) A quorum at a meeting of a council consists of a majority of the council's members holding office at the time of the meeting. (3) A member who is not physically present at a meeting of a council is taken to be present at the meeting if: (a) the member's attendance at the meeting by means of an audio or audiovisual conferencing system is authorised in accordance with a council resolution establishing a policy for attendance in such a manner; and (b) communication is established by means of the conferencing system, at or around the commencement of the meeting, between the member and the members present at the place appointed for the meeting; and (c) the member has the same or substantially the same opportunity to participate in debate, and to register an opinion, on questions arising for decision as if the member were physically present at the meeting.

Part 6.2 Meetings of audit committees, council committees and local authorities Local Government Act 2019 58 (4) Subject to this Act, a decision carried by a majority of the votes of the members present at a meeting of a council is a decision of the (5) Each member present at a meeting has and must exercise one vote on a question arising for decision at the meeting and, if the council has a policy allowing the chairperson to exercise a casting vote, the chairperson must exercise, in the event of an equality of votes, a second or casting vote. (6) A policy to allow the chairperson to exercise a casting vote: (a) may only be established by resolution of the council passed at the first meeting of the council to be held after a general election; and (b) cannot be altered or revoked during the term of the council; and (c) lapses at the conclusion of the next general election. (7) Unless the council decides unanimously to take a vote by secret ballot, voting is to be by show of hands. (8) Subject to this Act, and any by-laws regulating the procedure at a meeting, a council may determine its own procedures. Part 6.2 Meetings of audit committees, council

96 Timing of meetings of audit committees, council committees and local authorities (1) Subject to direction by the council: (a) an audit committee meets at times determined by the audit committee; and (b) a council committee meets at times determined by the council committee. (2) Subject to any guidelines that the Minister may make, and to direction by the council, a local authority meets at times determined by the local authority.

97 Convening of meetings (1) Meetings of an audit committee, a council committee or a local authority are convened by the CEO.

Part 6.2 Meetings of audit committees, council committees and local authorities Local Government Act 2019 59 (2) The CEO may, at the request of the chairperson of an audit committee, a council committee or a local authority, convene a meeting of the audit committee, council committee or a local authority. (3) A notice convening a meeting: (b) must state the date, time, place and agenda for the meeting; and (c) must be given to the members of the audit committee, council committee or local authority within the timeframe prescribed by regulation and before the time appointed for the meeting; and (d) must be accessible on the council's website within the timeframe prescribed by regulation and before the time appointed for the meeting. (4) The notice may be given to a member personally, by post, by email, by any other electronic means or in any other way arranged by the CEO with the member.

98 Procedure at meeting (1) The chairperson of a meeting of an audit committee, council committee or local authority is: (a) for an audit committee – a member appointed by the council to be the chairperson of the audit committee; or (b) for a council committee – a member appointed by the council to be the chairperson of the committee; or (c) for a local authority – a member appointed by the local authority to be the chairperson of the local authority; or (d) for an audit committee, a council committee or a local authority, if the chairperson is not present (or no one is appointed to the position of the chairperson at the time of the meeting) – a member chosen by the members present at the meeting to chair the meeting. (2) A quorum at a meeting of an audit committee, a council committee or a local authority consists of a majority of its members holding office at the time of the meeting.

Local Government Act 2019 60 (3) A member who is not physically present at a meeting is taken to be present at the meeting if: (a) the member's attendance at the meeting by means of an audio or audiovisual conferencing system is authorised in accordance with a council resolution establishing a policy for attendance in such a manner; and (b) communication is established by means of the conferencing system, at or around the commencement of the meeting, between the member and the members present at the place appointed for the meeting; and (c) the member has the same or substantially the same opportunity to participate in debate, and to register an opinion, on questions arising for decision as if the member were physically present at the meeting. (4) A decision of an audit committee, a council committee or a local authority is to be by majority vote of the members present at a (5) Subject to this Act and any direction by the council, an audit committee, a council committee or a local authority may determine its own procedures. Part 6.3 Provisions of general application to meetings of audit committees, councils, council

99 Meetings to be open to public (1) A meeting of a council, council committee or local authority must be open to the public. (2) However, the public may be excluded while business of a kind prescribed by regulation as confidential business is being considered. (3) If the council, council committee or local authority considers confidential business at a meeting, the agenda for the meeting must identify the type of matter that is to be considered at the meeting. (4) A meeting of an audit committee may be conducted in private.

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100 Postponement of meeting (1) If a quorum is not present within 30 minutes of the start time for the meeting of an audit committee, a council, a council committee or a local authority, the following may postpone a meeting to a time later on the same day: (a) the chairperson; (b) if the chairperson is not present but 2 or more members are present – the majority of members present; (c) if the chairperson is not present and fewer than 2 members are present – the CEO or a person authorised by the CEO. (2) If a meeting is postponed under subsection (1), the CEO must, in writing, record the fact that the meeting was postponed and the record must be published on the council's website. (3) If it is impracticable for a meeting to be postponed to a time later on the same day under subsection (1), the CEO may postpone the meeting for up to 21 days. (4) The person who postpones a meeting under subsection (1) or (3) must ensure, as far as practicable, that each member receives notice of the postponement and of the time and place to which the meeting has been postponed. (5) If a meeting is postponed under subsection (3), the notice of the postponement and of the time and place to which the meeting has been postponed must be, within the timeframe prescribed by regulation, published on the council's website.

101 Minutes (1) The CEO must ensure that proper minutes of meetings of an audit committee, a council, a council committee and a local authority are kept. (2) The minutes must be in writing and: (a) must set out: (i) the names of the members present at the meeting; and (ii) the business transacted at the meeting; and (iii) any confidential business that was considered at the meeting; and

Local Government Act 2019 62 (iv) any other information required by regulation; and (b) must include references to any written reports or recommendations considered in the course of the meeting together with information about how to obtain access to the reports or recommendations. (3) The audit committee, council, council committee or local authority must, at its next meeting, or next ordinary meeting, confirm the minutes (with or without amendment), including any confidential business considered at the meeting, as a correct record of the (4) The minutes of an audit committee, a council committee or a local authority must be tabled at the next meeting of the council. (5) The minutes of a local authority must be included in the agenda for the next ordinary meeting of the council and the council's response to those minutes must be recorded in the minutes of the meeting of (6) The council must report back to the local authority on its response to the local authority's minutes.

102 Public access to minutes (1) This section applies to the minutes of a council, council committee or local authority. (2) A copy of the minutes must, within 10 business days after the date of the meeting to which the minutes relate, be available to the public: (b) at the council's public office. (3) If business that deals with confidential information was considered at the meeting, the copy of the minutes available to the public must contain a statement of that fact and the provision of this Act under which the information is confidential. 1 Information may be suppressed from the material that is made publicly available because the information is confidential (see section 293). 2 The regulations prescribe the information that may be suppressed.

Local Government Act 2019 63 (4) A member of the public: (a) may inspect without fee, at the council's public office, the copy of the minutes made available to the public; and (b) may, on payment of any fee fixed by the council, obtain an identical copy of the minutes; and (c) may, on payment of any fee fixed by the council, obtain from the CEO a certified copy of, or extract from, the minutes of a (5) However, until the council, council committee or local authority has confirmed the minutes as a correct record of the meeting: (a) the minutes, in the form in which the minutes are made available to the public, must be marked with a warning to the effect that the minutes have not been confirmed as a correct record of the meeting; and (b) no certified copy of, or extract from, the minutes is to be issued.

103 Calling meeting of electors (1) A council may call a meeting of the electors for its area or a ward within its area. (2) A local authority may call a meeting of the electors for its local authority area. (3) A meeting of electors is called by giving notice of the time and place of the meeting: (b) by notice displayed at the council's public office.

104 Procedure at meeting (1) The chairperson of a meeting of electors is to be a person nominated by the council or the local authority (as the case requires) to chair the meeting. (2) The procedure at the meeting is, subject to any direction by the council or the local authority, to be as determined by the chairperson.

Local Government Act 2019 64 (3) Each elector is entitled to one vote on a question arising for decision at the meeting. (4) The chairperson may conclusively determine the qualification of a person present at the meeting to vote. (5) A question arising for decision at the meeting must be resolved by majority vote.

105 Effect of resolution passed at meeting of electors A resolution passed at a meeting of electors does not bind the

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106 Allowance for members of council (1) A member of a council is entitled to be paid the allowance or allowances determined by the Remuneration Tribunal under section 7B of the Assembly Members and Statutory Officers (2) The allowances payable under this section are to be paid by the (3) The council must publish the amounts of the allowances payable by the council on its website. (4) If there is no determination that applies to a council, the allowances are to be as determined by the Minister. (5) For subsection (4), the Minister may determine any of the following: (a) differential allowances for principal members, deputy principal members and other members of a local government council; (b) a fixed amount, a minimum amount or a maximum amount of an allowance; (c) different categories of allowances; (d) that an allowance should be indexed and the basis of, and method for, indexation; (e) any rules that apply to eligibility for, or payment or application of, an allowance. (6) If the Minister determines a minimum amount of an allowance under subsection (5)(b), the Minister must also determine a maximum amount of that allowance. (7) If the Remuneration Tribunal or the Minister determines an allowance for members of a council that is not a fixed amount, the council may fix the amount of that allowance payable to members in respect of each financial year as part of the council's budget.

Local Government Act 2019 66 (8) Subject to a determination referred to in subsection (1) or under subsection (5), the allowances fixed by a council for a financial year under subsection (7): (a) must not be increased during the financial year; and (b) may be decreased during the financial year. (9) If a council fixes an allowance at a rate less than the maximum amount in a determination referred to in subsection (1) or under subsection (5), the allowance payable must be proportionate for all council members.

107 Allowance for members of local authority (1) A member of a local authority is entitled to be paid the allowance or allowances determined by the Remuneration Tribunal under section 7E of the Assembly Members and Statutory Officers (2) The allowances payable under this section are to be paid by the (3) The council must publish on its website the amounts of the allowances payable by the council. (4) If there is no determination that applies to a local authority, the allowances must be determined by the council in accordance with any guidelines that the Minister may make and that apply in the relevant financial year.

109 Expenses and benefits (1) A council may, by resolution, adopt a policy providing that members of an audit committee, a council, a council committee or a local authority are (subject to the conditions and limitations determined by the council) entitled to payment or reimbursement of reasonable expenses for travel and accommodation necessary for: (a) attending a meeting of the audit committee, council, council committee or local authority for which the person is a member; or (b) attending to business of the council in accordance with a prior resolution of the council.

Local Government Act 2019 67 (2) A council may, by resolution, adopt a policy providing that members of the council are entitled to the following that may be incurred or required as a result of undertaking official duties: (a) payment or reimbursement of other reasonable expenses; (b) non-monetary benefits. (3) The expenses or benefits under this section must: (a) be provided for in the council's budget; and (b) be identified in monthly and annual financial reports of the

110 Annual return of interests – members (1) A council member must submit an annual return to the CEO, (a) within 60 days of the council member's election; and (b) by no later than 30 September each year for the duration of the council member's membership. (2) The annual return must be submitted in the prescribed form. (3) However, if a member has submitted an annual return of interests after 31 March in a calendar year, the member is not required to submit another return before 30 September in that year. (4) A member commits an offence if: (a) the member engages in conduct; and (b) the conduct results in a failure to submit an annual return of interests in accordance with this section. (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

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111 Register of annual returns of interests The CEO must keep a register (register of annual returns of interests) of annual returns of interests of council members.

112 Relevant gifts and benefits (1) A council must, by resolution, adopt a policy in relation to relevant gifts or benefits received by council members. (2) The policy must: (a) differentiate between what is given to a council member for the council and what is given to the member as a relevant gift or benefit; and (b) be in accordance with any relevant guidelines the Minister may make. (3) A council member must notify the CEO as soon as practicable after the council member receives a relevant gift or benefit from another person.

113 Register of declared gifts and benefits (1) The CEO must keep a register (register of declared gifts and benefits) setting out the relevant gifts and benefits received by council members. (2) The register of declared gifts and benefits must set out: (a) the name of the member that received the relevant gift or benefit; and (b) the details of the relevant gift or benefit, in accordance with the council's policy mentioned in section 112(1); and (c) any other matter prescribed by regulation.

114 Conflict of interest (1) A member has a conflict of interest in a question arising for decision by the audit committee, council, council committee or local authority if the member or an associate of the member has any of the following interests in how the question is decided: (a) a direct interest; (b) an indirect financial interest; (c) an indirect interest by close association;

Local Government Act 2019 69 (d) an indirect interest due to conflicting duties. (2) However, each of the following is not a conflict of interest: (a) an interest that the member or associate shares in common with the general public or a substantial section of the public; (b) an interest as an elector or ratepayer that the member or associate shares in common with other electors or ratepayers; (c) an interest so remote or insignificant that it could not reasonably be regarded as likely to influence a decision. direct interest means an interest that occurs when a member is likely to be directly affected if the matter is decided in a particular way. Example for definition direct interest A company controlled by the member is tendering for a contract that is being discussed by the council. indirect financial interest means an interest that occurs when a member is likely to receive a benefit or incur a loss because another person has an interest. Example for definition indirect financial interest The member has shares in, or is employed by, a company that is tendering for a contract that is being discussed by the council. indirect interest by close association means an interest that occurs when an associate of a member has a direct or indirect interest, or a resident of the member's household has a direct interest. Examples for definition indirect interest by close association 1 The member's sibling is suing the council and the council is considering whether to settle the matter. 2 A resident of the member's household is tendering for a contract that is being discussed by the council. indirect interest due to conflicting duties means an interest that occurs when a member is a director, partner, agent, trustee, manager, office holder or employee of a person or entity, including a non-profit body or association, that has a direct interest. Examples for definition indirect interest due to conflicting duties 1 The member is a director of a non-profit body or association that is seeking a sponsorship or donation being discussed by the council.

Local Government Act 2019 70 2 The member is an employee of a non-profit body or association that is tendering for a contract being discussed by the council.

115 Disclosure of interest (1) As soon as practicable after a member becomes aware of a conflict of interest in a matter that has arisen or is about to arise before an audit committee, a council, a council committee or a local authority, the member must disclose the interest that gives rise to the conflict (the relevant interest): (a) at a meeting of the audit committee, council, council committee or local authority; and (b) to the CEO. (2) A member must not: (a) be present at a meeting of the audit committee, council, council committee or local authority while a matter in which the member has a conflict of interest is under consideration; or (b) participate in any decision in relation to the matter; or (c) engage in behaviour that may influence the audit committee, council, council committee or local authority's consideration of or decision in relation to the matter. (3) The Minister may approve the following on any conditions the Minister considers appropriate: (a) a member's participation in the consideration of the matter in which the member has a conflict of interest; (b) a member's participation in the decision in relation to the matter in which the member has a conflict of interest. (4) A member commits an offence if the member: (a) intentionally engages in conduct; and (b) the conduct results in a failure to disclose an interest and the member is reckless in relation to the result. (5) A member commits an offence if the member: (a) intentionally engages in conduct; and

Local Government Act 2019 71 (b) the conduct results in a contravention of subsection (2) or a condition of an approval in subsection (3) and the member is reckless in relation to the result. (6) If NTCAT finds that a member has participated in the decision of an audit committee, a council, a council committee or a local authority contrary to this section, NTCAT may, on application by an elector or ratepayer of the local government area, declare the decision void.

116 Register of declared conflicts (1) The CEO must keep a register (register of declared conflicts) setting out conflicts of interest disclosed by council members under section 115. (2) The register of declared conflicts must set out: (a) the name of the member making the disclosure of the conflict of interest; and (b) the nature of the interest that gives rise to the conflict of interest; and (c) the nature of the question on which the conflict of interest arises; and (d) any other matter prescribed by regulation.

117 Registers to be published The register of annual returns of interests, the register of declared conflicts and the register of declared gifts and benefits must be published on the council's website.

118 Improper use of information (a) the person obtains information as a member of an audit committee, a council, a council committee or a local authority; and

Local Government Act 2019 72 (c) the conduct results in the improper use of the information and the person is reckless in relation to the result. (2) Strict liability applies to subsection (1)(a). (3) A person makes improper use of information if the person uses it to gain some private benefit for the person or another person, or uses it to inflict harm on another person.

Division 1 Code of conduct to apply

119 Code of conduct to apply (1) The code of conduct set out in Schedule 1 governs the conduct of members of an audit committee, a council, a council committee and a local authority. (2) The code of conduct must be published on the council's website.

Division 2 Contravention of code of conduct by council members

120 Complaints of contravention of code of conduct (1) A person (the complainant) who believes that a council member has contravened a council's code of conduct may lodge a complaint with the CEO: (a) stating the name of the member alleged to have committed the contravention (the respondent); and (b) giving particulars of the alleged contravention. (2) The complaint: (a) must be in the approved form; and (b) must include a statutory declaration, made by the complainant, verifying the allegations of fact made against the respondent; and

Local Government Act 2019 73 (c) must be made within 3 months after the date of the alleged contravention.

121 Policy for contravention of code of conduct A council must, by resolution, adopt a policy in relation to a contravention of the code of conduct.

122 Complaint referred to council by CEO (1) As soon as practicable after receiving a complaint under section 120, the CEO must refer the complaint to the council. (2) After receiving the complaint from the CEO, the council must: (a) decide the complaint; or (b) refer the complaint to a panel (council panel) for the council panel to decide the complaint; or (c) refer the complaint to a third party. (3) A council panel is established by the council and consists of at least 3 members of the council. (4) The regulations may prescribe any other procedures to be undertaken by the CEO or council on receipt of a complaint.

123 Council or council panel decides complaint (1) If the council or council panel decide the complaint under section 122(2)(a) or (b), the council or council panel must decide, in accordance with the council's policy: (a) that no action is to be taken; or (b) that the respondent did not contravene the council's code of conduct; or (c) that the respondent contravened the council's code of (2) If the council or council panel make a decision under subsection (1)(a), the council or council panel is not required to decide whether the respondent contravened the council's code of

Local Government Act 2019 74 (3) If the council or council panel make a decision under subsection (1)(c) the council or council panel must decide, in accordance with the council's policy, the following: (a) to take no action; (b) either or both of the following: (i) to issue a reprimand to the respondent; (ii) to recommend that the complainant, respondent or any other person attend training, mediation or counselling by a specified date.

124 Complainant or respondent may request referral to third party or refer to prescribed corporation (1) The complainant or respondent may request the council refer the complaint to a third party before the council has taken an action under section 122(2). (2) The council may accept or reject a request under subsection (1). (3) The following may refer the complaint to the prescribed corporation before the council has taken an action under section 122(2): (a) if the complainant is a member of the council – the complainant; (b) the respondent.

125 Referral to third party (a) the council refers the complaint to a third party under section 122(2)(c); or (b) the complainant or respondent has requested that the complaint be considered by a third party under section 124(1) and the council has accepted the request. (2) The third party must: (a) consider the complaint; and (b) refer the complaint back to the council. (3) The third party may give advice in relation to the complaint to the

Local Government Act 2019 75 (4) After receiving a referral from the third party under subsection (2)(b), the council must: (a) take into consideration any advice of the third party in relation to the complaint; and (b) decide the complaint in accordance with section 123.

126 Notice of decision – council or council panel (1) This section applies if the council or council panel has made a decision under section 123 or 125(4)(b). (2) The council or council panel must, within 90 days of the receipt of the complaint by the CEO, give a decision notice of the decision to the complainant and the respondent. (3) A complainant or respondent may, within 28 days of receiving the decision notice under subsection (2), apply to the prescribed corporation for consideration of the complaint.

127 Referral or application for consideration to prescribed corporation (a) a complainant or respondent refers the complaint to the prescribed corporation under section 124(3); or (b) a complainant or respondent applies to the prescribed corporation for consideration of the complaint under section 126(3) after the council or council panel made a decision. (2) On receipt of a referral or application the prescribed corporation must establish a panel (prescribed corporation panel) of the following to make a decision under this section: (a) 2 nominees of the corporation; (b) one nominee of the Agency. (3) The prescribed corporation panel must decide: (a) that no action is to be taken; or (b) that the respondent did not contravene the council's code of conduct; or (c) that the respondent contravened the council's code of

Local Government Act 2019 76 (4) If the prescribed corporation panel makes a decision under subsection (3)(a), the prescribed corporation panel is not required to decide whether the respondent contravened the council's code of (5) If the prescribed corporation panel makes a decision under subsection (3)(c) the prescribed corporation panel must decide the (a) to take no action; (b) any or a combination of the following: (i) to issue a reprimand to the respondent; (ii) to recommend that the complainant, respondent or any other person attend training, mediation or counselling by a specified date; (iii) any other recommendation the prescribed corporation panel considers appropriate.

128 Procedure of prescribed corporation panel (1) The prescribed corporation panel may summarily reject a complaint referred under section 124(3) or an application to consider a complaint under section 126(3) without considering the complaint if the prescribed corporation panel is satisfied that: (a) the complaint would more appropriately form the subject matter of a criminal charge; or (b) the complaint is frivolous, vexatious or lacking in substance. (2) If the prescribed corporation panel summarily rejects a complaint under subsection (1)(b), the prescribed corporation panel must give a decision notice to the complainant and the respondent as soon as practicable after making the decision. (3) If the prescribed corporation panel decides to proceed to consider the complaint, the prescribed corporation panel must give the complainant and the respondent an opportunity to make representations to the panel. (4) The prescribed corporation panel must decide an application to consider a complaint under section 126(3) as if the council or the council panel had not made a decision in relation to the complaint.

Subdivision 2 No decision by council, council panel or prescribed corporation panel Local Government Act 2019 77 (5) The prescribed corporation panel may obtain information in any way it considers appropriate and is not bound by the rules of evidence, however the rules of natural justice apply. (6) Proceedings of the prescribed corporation panel are to be held in a place open to the public unless the prescribed corporation panel considers it desirable, in the public interest, to hold the proceedings in private.

129 Notice of decision – prescribed corporation panel The prescribed corporation panel must, within 90 days of the receipt of the referral under section 124(3) or the application under section 126(3) give a decision notice of the prescribed corporation panel's decision under section 127 to the complainant and the respondent.

130 Failure to comply with prescribed corporation panel recommendation (1) If a person is subject to a recommendation of the prescribed corporation panel, and does not comply with the recommendation, the complainant or the respondent may apply to NTCAT to deal with the failure. (2) NTCAT, after determining the application, may: (a) order that the complainant, respondent or any other person attend training, mediation or counselling by a specified date; or (b) if NTCAT finds the respondent contravened the code of conduct – order that the respondent not subsequently contravene the code of conduct; or (c) make any other order NTCAT considers appropriate. Subdivision 2 No decision by council, council panel or prescribed corporation panel

131 No decision by council or council panel (1) If the council or council panel does not give a decision notice in accordance with section 126, the complainant or respondent may refer the complaint to the prescribed corporation. (2) On receipt of an application under subsection (1), sections 127 to 130 apply.

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132 No decision by prescribed corporation panel (1) If the prescribed corporation panel does not give a decision notice in accordance with section 129, the complainant or respondent may refer the complaint to NTCAT. (2) NTCAT must deal with the complaint in accordance with sections 127 to 129, as if it were the prescribed corporation panel. (3) In addition to the powers set out in section 127, NTCAT may: (a) if NTCAT finds the respondent contravened the code of conduct – order that the respondent not subsequently contravene the code of conduct; or (b) make any other order NTCAT considers appropriate.

133 Removal of member from office (1) If a member of a council is convicted of an offence under this Act or another Act demonstrating that the member to be unfit to remain in office, a person may apply to NTCAT to determine whether the member, once convicted, is unfit to remain in office. (2) The applicant must: (a) reside in the same local government area as the member; and (b) be registered to vote in the local government area. (3) NTCAT must consider the following in determining whether the member is unfit to remain in office: (a) whether the nature and details of the offence makes the member unfit to remain in office; (b) the member's role as a community representative; (c) the member's position of influence and trust; (d) the member's responsibility for managing public funds. (4) If NTCAT determines the member has been convicted of an offence that demonstrates that the member is unfit to remain in office, NTCAT may dismiss the member from office.

Local Government Act 2019 79 (5) If NTCAT dismisses the member under subsection (4), NTCAT may disqualify the person from holding office as a council member for a period of up to 5 years. (6) NTCAT must, in writing, notify the Electoral Commissioner if it decides the following: (a) dismisses a member under subsection (4); (b) disqualifies the person from holding office under subsection (5).

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134 Minister's power to call general election (1) The Minister may call a general election for an area if: (a) the area is newly constituted; or (b) subject to subsection (3), a substantial change is made affecting the electoral representation of the area; or (c) a general election fails for any reason. (2) The general election is called by Gazette notice fixing a date for the (3) If the substantial change affecting the electoral representation of the area is because the area is divided into wards or there is a change in the boundaries of the wards within the area, the Minister may, instead of calling a general election for the area, call a by-election for the ward or wards.

135 Periodic general elections (1) A periodic general election is to be held: (a) on 28 August 2021; and (b) on the 4th Saturday in August in the 4th year after the most recent previous periodic general election was held. (2) The Electoral Commissioner may, by Gazette notice, provide that a periodic general election be held on a date other than the date on which it is scheduled to be held under subsection (1) (the nominal date) if: (a) the date for an election mentioned in section 394 of the Commonwealth Electoral Act 1918 (Cth) is the same as the nominal date; or (b) the date for a general election under the Electoral Act 2004 is the same as the nominal date. (3) However, the new date on which the periodic general election is to be held under subsection (2) must not be: (a) earlier than 2 months before the nominal date; or

Local Government Act 2019 81 (b) later than 2 months after the nominal date. (4) Subject to subsection (5), if a general election for an area is called by the Minister under section 134 or if a general election for the council is called by the Minister under section 319(1) or (2), and the general election is held less than 1 year before the date for a periodic general election under this section: (a) a further periodic general election for the area must not be held on the later date; and (b) the next periodic general election for the area must be held on the date on which it is scheduled to be held under subsection (1), as if the general election for the area or council had not been called by the Minister and a periodic general election had been held in the ordinary course. (5) A general election for an area must not be called less than 3 months before a periodic general election.

136 By-elections (1) This section applies to a by-election that is to be held under the (a) section 54(2)(a) or (b)(ii), 65(3) or 134(3); (b) a provision prescribed by regulation. (2) If the member whose seat has become vacant represented a ward, the by-election is confined to the ward. (3) A by-election is to be held on a date fixed by the returning officer. (4) If a by-election is to be held under section 54(2)(a) or (b)(ii), the date for the by-election must fall within 4 months after the Electoral Commissioner: (a) is notified of the casual vacancy: (i) by the CEO under section 51(3) or (4) or 53(2); or (ii) by NTCAT under section 56(7) or 133(6); or (b) confirms the casual vacancy under section 52(3).

Local Government Act 2019 82 (5) If the by-election mentioned in subsection (4) is because a member of a council has resigned under section 50(c), the nomination date for the by-election must be after the date that the member's resignation takes effect. (6) Unless a person is appointed under subsection (7) to be the returning officer for a by-election, the by-election (including nomination of candidates and other related processes) is to be conducted as decided by the Electoral Commissioner. Note for subsection (6) See section 141 for the requirements in relation to the conduct of an election or poll of electors. (7) The council may appoint the CEO or another person (other than the Electoral Commissioner) to be the returning officer for the by-election, by doing the following within 2 months after the Electoral Commissioner is notified of the casual vacancy under section 51(3) or (4), 53(2), 56(7) or 133(6) or confirms the casual vacancy under section 52(2): (a) passing a resolution appointing the person; (b) if the person is not the CEO – entering into a contract with the person for the performance of the functions of returning (8) As soon as practicable after the council appoints a person to be the returning officer for a by-election under subsection (7), and in any event not later than 5 days after the appointment, the council must notify the Electoral Commissioner of the identity of the returning (9) However, failure to notify the Electoral Commissioner under subsection (8) does not affect the validity of the appointment. (10) In this section: returning officer, for a by-election, means: (a) if a resolution is passed under subsection (7) in relation to the by-election – the person appointed by the resolution; or (b) otherwise – the Electoral Commissioner.

137 Resolution for mandatory postal vote election (1) A council for a municipality may decide that the only way to vote in a by-election (a mandatory postal vote election) is by postal vote.

Local Government Act 2019 83 (2) If the council does so, the council must, within 2 months after the Electoral Commissioner is notified of a casual vacancy under section 51(3) or (4), 53(2), 56(7) or 133(6) or confirms the casual vacancy under section 52(3), pass a resolution declaring the by-election to be a mandatory postal vote election. (3) As soon as practicable after the council passes the resolution, and in any event not later than 5 days after the passage of the resolution, the council must notify the following persons that the resolution has been passed: (a) if the returning officer is the Electoral Commissioner – the Electoral Commissioner; (b) otherwise – the Electoral Commissioner and the returning (4) Failure to notify a person as required by subsection (3) does not affect the validity of the resolution.

138 Entitlement to vote A person is entitled to vote at an election or a poll of electors for an area or a ward if: (a) the person is an elector for the area or ward in which the election or poll is to be conducted on the date on which the electoral roll for the election or poll closes; or (b) subject to any requirements prescribed by the regulations, the person is entitled under the Electoral Act 2004 to be enrolled as an elector for the area or ward in which the election or poll is to be conducted.

139 Electoral rolls (1) The Electoral Commission must prepare a new roll for an area or ward whenever it is necessary to do so in order to allow for the conduct of an election or poll of electors. (2) The roll must contain the same information about each elector required of a roll prepared under the Electoral Act 2004. Section 11 of the Electoral Act 2004 specifies the information required of a roll prepared under that Act.

Local Government Act 2019 84 (3) If the address of an elector is suppressed from a roll prepared under the Electoral Act 2004, it must also be suppressed from the roll prepared for this Act. (4) An electoral roll closes for an election or a poll of electors on a date determined in accordance with the regulations. (5) When an electoral roll closes, it must be available for public inspection until the conclusion of the election or poll at the Electoral Commission's public offices. (6) As soon as practicable after an electoral roll closes for a by-election, the Electoral Commissioner must give a copy of the roll to the returning officer (unless the Electoral Commissioner is the returning officer). (7) Access is to be permitted to the electoral roll for the area or ward on the same basis as access to a roll under the Electoral Act 2004.

140 Use of electoral roll for by-election (1) A returning officer for a by-election commits an offence if: (a) the returning officer is given a copy of an electoral roll under section 139(6); and (b) the returning officer intentionally engages in conduct; and (c) the conduct results in the information obtained from the copy of the roll being used improperly and the returning officer is reckless in relation to the result. Maximum penalty: 80 penalty units. (2) A person, other than the returning officer for a by-election, commits an offence if: (a) the returning officer for the by-election is given a copy of an electoral roll under section 139(6); and (c) the conduct results in the information obtained from the copy of the roll being used improperly and the person is reckless in relation to the result. Maximum penalty: 50 penalty units. (3) Strict liability applies to subsections (1)(a) and (2)(a).

Local Government Act 2019 85 improper, in relation to the use of the copy of the electoral roll, means that the copy of the roll is used otherwise than for a proper purpose connected with the by-election.

141 Conduct of elections and polls (1) Subject to section 136(6), an election or poll of electors must be conducted in accordance with the regulations. (2) If a periodic general election under this Act is to be held on the polling day for the election under the Constitutional Convention (Election) Act 2001, the regulations may provide for any of the (a) additional provisions to facilitate the holding of the election under that Act and the periodic general election on that day; (b) modifications of specified provisions in this Chapter and the regulations to facilitate the holding of both elections on that day; (c) a matter arising because of the holding of both elections on that day.

142 Voting (1) Voting is compulsory. (2) Subject to a resolution passed under section 137 and the regulations, an elector may vote: (a) by returning a postal vote; or (b) if the Minister approves – by voting electronically in a manner approved by the Minister; or (c) by attending and voting at a voting centre; or (d) in any other way authorised by regulation. (a) the person is an elector; and

Local Government Act 2019 86 (b) the person fails to vote at an election or poll of electors. Maximum penalty: 1 penalty unit. (5) It is a defence to a prosecution for an offence against subsection (3) if the defendant has a reasonable excuse.

143 Disputing validity of election or poll (1) The returning officer or a person with a proper interest in the result of an election or poll of electors may, by application to NTCAT, dispute the result of the election or poll. (2) A person has a proper interest in the result of an election or poll if the person: (a) was a candidate or a prospective candidate for election for the relevant area whose nomination was rejected; or (b) is an elector for the relevant area. (3) An application disputing the result of an election: (a) must state the grounds on which the applicant seeks relief from NTCAT; and (b) must state the nature of the remedy sought by the applicant. (4) An application must be filed with the Registrar of NTCAT within 21 days after the conclusion of the election or poll of electors to which it relates. (5) The period mentioned in subsection (4) cannot be extended.

144 Service of application (1) An application disputing the result of an election or poll of electors must be served on: (a) the returning officer; and (b) any member or candidate for election whose position could be affected by the result of the application; and (c) any person on whom the NTCAT directs service.

Local Government Act 2019 87 (2) A person on whom an application is served is a respondent to the (3) A respondent may, within 7 days after service of the application or a longer period allowed by NTCAT, file in NTCAT a reply to the (4) A reply must be served on the applicant and any other respondents.

145 Powers of NTCAT (1) NTCAT has the following powers: (a) declare the election or poll of electors void and order another election; (b) declare a person who should have been declared elected to have been duly elected as a member of the council; (c) declare a respondent to the application not to have been duly elected as a member of the council; (d) order that the votes for an ineligible candidate be distributed to the candidate next in order of the voter's preferences on the ballot paper. (2) NTCAT must not disturb the result of an election on the ground of an error affecting the conduct of the election unless satisfied that the error is a material error that is likely to have affected the result of the election. (3) If, in the course of an inquiry under this Part, NTCAT finds that a person has committed an offence, the Registrar of NTCAT must, as soon as practicable, report the finding to the Minister. (4) NTCAT cannot inquire into the correctness of an electoral roll and must take the roll to be conclusive evidence that the persons enrolled were, at the close of the roll, entitled to be enrolled. (5) Section 140 of the Northern Territory Civil and Administrative Tribunal Act 2014 does not apply in relation to a decision of NTCAT under this section.

146 Exclusive method of challenge The validity or result of an election or poll of electors cannot be challenged except by proceedings under this Part.

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147 Interpretation (1) In this Part: campaign donation return means the return required to be given by a candidate to the Electoral Commission under section 148. corporation means a corporation as defined in section 57A of the Corporations Act 2001 (Cth). details means: (a) for a donation or loan made on behalf of the members of an unincorporated association, other than a registered industrial organisation: (i) the name of the association; and (ii) the names and addresses of the members of the executive committee (however described) of the association; or (b) for a donation or loan out of a trust fund or the funds of a foundation: (i) the names and addresses of the trustees of the fund or foundation; and (ii) the name, title or description of the trust fund or foundation; or (c) for another donation or loan – the name and address of the person or entity that made the donation or loan. disclosure period means: (a) for a periodic general election held under section 135 – the period mentioned in section 149(1); or (b) for a general election held under section 134 or 319 – the period mentioned in section 149(2); or (c) for a by-election – the period mentioned in section 149(3). disposition of property means a disposition of property as defined in section 176 of the Electoral Act 2004. donation means any disposition of property made by a person or entity to someone else without consideration in money or money's

Local Government Act 2019 89 worth or with inadequate consideration, and includes providing a service for no consideration or for inadequate consideration, but does not include: (a) a disposition of property by will; or (b) volunteer labour provided by a person that is: (i) conducted outside the person's normal working hours or while the person is on leave; and (ii) not remunerated; or (c) such a disposition of property or service provided to a candidate for election: (i) that is made in a private capacity to the candidate for the candidate's personal use; and (ii) that the candidate has not used, and will not use, solely or substantially for a purpose related to an election. entity, see section 176 of the Electoral Act 2004. loan, see section 176 of the Electoral Act 2004. (2) For this Part, the regulations may: (a) prescribe matters relating to methods or processes for determining the value of a donation; and (b) broaden or narrow the definition of donation.

148 Campaign donation return (1) Each candidate for election who received a donation or loan during the disclosure period for that election must give a campaign donation return for the disclosure period to the Electoral Commission within 40 days after the expiry of the disclosure period. (2) The campaign donation return must be in the form approved by the Electoral Commission. (3) Despite subsection (1), a candidate for election is not required to give a campaign donation return for: (a) a donation from a person or entity if the amount or value of the donation and the sum of all other donations made by the person or entity to the candidate during the disclosure period for the election is less than $200; or

Local Government Act 2019 90 (b) a loan from a person or entity (the lender) to the candidate if: (i) the lender is an ADI; or (ii) the amount or value of the loan is less than $1 500.

149 Disclosure period (1) The disclosure period for a periodic general election held under section 135 is the period beginning on 1 July in the year before the year in which the election is to be held and ending 30 days after the election day for the election. (2) The disclosure period for a general election held under section 134 or 319 is: (a) if the general election is to be held in the same year that a periodic general election is scheduled to be held under section 135 – the period beginning on 1 July in the year before the year in which the election is to be held and ending 30 days after the election day for the election; or (b) otherwise – the period beginning on 1 July preceding the day on which the general election is to be held and ending 30 days after the election day for the election. (3) The disclosure period for a by-election is the period beginning on 1 July preceding the day on which the by-election is to be held and ending 30 days after the election day for the election.

150 Candidate to know details for donation or loan A candidate must not accept a donation or loan from a person or entity during the disclosure period unless the candidate knows the details for the campaign donation return for the donation or loan.

151 Contents of return (1) A campaign donation return must include the following information for the disclosure period: (a) the amounts or values of each donation made, directly or indirectly, to the candidate; (b) the dates each donation was made; (c) the details of the donors; (d) the amounts and terms of any loan to the candidate; (e) the details of the lenders of the loan.

Local Government Act 2019 91 (3) A copy of the campaign donation return must be made available for public inspection by the Electoral Commissioner 30 days after the candidate was required to give the campaign donation return and for 4 years from that date. (4) The candidate must keep and maintain records in relation to the donations or loans specified in the campaign donation return for a period of 4 years.

152 Incomplete campaign donation return If a candidate cannot complete a campaign donation return, the candidate may: (a) prepare the campaign donation return to the extent possible; and (ab) give the Electoral Commission the campaign donation return so prepared; and (b) give the Electoral Commission a notice stating: (i) the return is incomplete; and (ii) the information the candidate cannot obtain; and (iii) the reasons why the candidate cannot obtain the information; and (iv) if the candidate believes on reasonable grounds that another person can provide the information, the name and address of the person.

153 Permission to amend campaign donation return (1) A candidate may request permission from the Electoral Commission: (a) to personally amend a campaign donation return to correct an omission or an error; or (b) for the Electoral Commission to amend a campaign donation return to correct an omission or an error. (2) The amendment of a campaign donation return under this section does not affect the liability of a candidate for an offence against section 154(2).

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154 Offences (1) A candidate commits an offence if: (aa) the candidate is required to give the Electoral Commission a campaign donation return for the disclosure period under section 148; and (a) the candidate engages in conduct; and (b) the conduct results in a failure to give the Electoral Commission a campaign donation return within the time required under section 148(1). (2) A candidate, except a candidate who complies with section 152, commits an offence if: (aa) the candidate is required to give the Electoral Commission a campaign donation return for the disclosure period under section 148; and (a) the candidate engages in conduct; and (b) the conduct results in the giving of an incomplete campaign donation return to the Electoral Commission. subsection (1) or (2) if the defendant has a reasonable excuse.

155 Time limit for starting prosecutions Despite section 52 of the Local Court (Criminal Procedure) Act 1928 and section 329(4) of this Act, a prosecution for an offence against section 154(1) or (2) may be started at any time within 4 years after commission of the offence.

156 Investigation by Electoral Commission Sections 216 to 219 of the Electoral Act 2004 apply to this Part.

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157 Definitions campaign material, see section 158. electoral matter, see section 159.

158 Meaning of campaign material (1) Campaign material is an advertisement, document or any other thing that is intended to promote the electoral prospect of a particular candidate or group of candidates for an election. (2) Without limiting subsection (1), campaign material includes the (a) an electoral advertisement; (b) a printed document containing an electoral matter (for example, a handbill, pamphlet or how-to-vote card); (c) a message containing an electoral matter that is sent by telephone or otherwise broadcast by electronic means; (d) material containing an electoral matter that is published. (3) The returning officer for an election may, in writing, declare a thing mentioned in subsection (1) or (2) is not campaign material. (4) The returning officer may do so only if the returning officer is satisfied the declaration is warranted having regard to all of the (a) any information contained in the thing and the way in which the information is presented; (b) the person for whom the thing is created; (c) the way in which the thing is intended to be used or distributed; (d) any other matters as the returning officer considers appropriate.

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159 Meaning of electoral matter (1) Electoral matter is matter, in printed or electronic form, that is intended or likely to affect voting at an election. (2) Without limiting subsection (1), matter is taken to be intended or likely to affect voting at an election if it contains an express or implicit reference to or comment on: (a) the election; or (b) a candidate for the election; or (c) the performance of a member, or former member, of a council; or (d) an issue submitted to, or otherwise before, the electors in relation to the election.

160 Minister's powers in relation to election The Minister may, before or after the expiration of a relevant time limit, extend the time for holding an election, or for taking any step in relation to the holding of an election.

161 Caretaker policy during general election (1) A council must, by resolution, adopt a caretaker policy governing the conduct of the council and its staff during the period that: (a) commences on the nomination day for a general election as prescribed by regulation; and (b) ends when the result of the general election is declared in accordance with the regulations. (2) The caretaker policy must be published on the council's website.

162 Interference with proper conduct of election or poll (b) the conduct results in the obstruction or interference with the proper conduct of an election or poll of electors; and

Local Government Act 2019 95 (c) the person is reckless in relation to the result. (b) the conduct is violence or intimidation; and (c) the conduct results in the influence of the vote of an elector at an election or poll of electors; and (d) the person is reckless in relation to the result. (3) Strict liability applies to subsection (2)(b).

163 Secrecy of vote (a) the person is acting in an official capacity in relation to an election or poll of electors or is assisting a person to vote; and (b) the person finds out how a voter voted; and (c) the person intentionally engages in conduct; and (d) the conduct results in the disclosure of the voter's vote and the person is reckless in relation to the result. Maximum penalty: 200 penalty units or imprisonment for 12 months. (2) Strict liability applies to subsection (1)(a) and (b).

164 Offences relating to campaign material (b) the conduct results in the publication or distribution of campaign material and the person is reckless in relation to that result.

Local Government Act 2019 96 (2) Subsection (1) does not apply if: (a) the publication is the announcement on the council's website of the holding of a meeting; or (b) the campaign material: (i) clearly states, in a sufficient font size to be read by the intended audience for the material and given the type of material, the name and address of the person authorising the publication or distribution; and (ii) clearly identifies, in a sufficient font size to be read by the intended audience for the material and given the type of material, the source of the funding for that material; and (iii) if the material is a printed document – includes the name and address of the printer who printed the document; and (iv) if the material is intended to be viewed from 2 sides – includes the information mentioned in this paragraph on both sides. (b) the conduct results in the publication or distribution of campaign material and the person is reckless in relation to that result; and (c) the campaign material: (i) is likely to mislead a voter casting a vote; or (ii) is likely to deceive a voter casting a vote; or (iii) is likely to improperly interfere with a voter casting a vote; or (iv) contains an untrue or incorrect statement; and (d) the person has knowledge of the circumstance mentioned in paragraph (c).

Local Government Act 2019 97 165 CEO (1) A council must appoint an individual to be the CEO. (2) The CEO may, in writing, appoint a Deputy CEO for the period (not exceeding 2 years) specified in the appointment, and is eligible for reappointment. (3) If the CEO is on leave: (a) if there is a Deputy CEO who is available to act – the Deputy CEO acts as CEO; and (b) if there is no Deputy CEO, or the Deputy CEO is absent or unavailable to act – a person nominated by the CEO to act in that situation acts as CEO. (4) The CEO must notify the principal member of the council of a nomination made by the CEO under subsection (3)(b). (5) The CEO must notify all members of the council if the CEO will be on leave. (6) Appointments to the office of CEO are to be made, as occasion requires, by the council in accordance with: (a) the requirements prescribed by regulation; and (b) any relevant guidelines the Minister may make.

166 Eligibility for CEO and Deputy CEO (1) A person is not eligible to be the CEO or the Deputy CEO if: (a) the person is disqualified from managing a corporation under the Corporations Act 2001 or the Corporations (Aboriginal and (b) the person is disqualified under section 40 of the Associations Act 2003; or (c) the person is bankrupt.

Local Government Act 2019 98 (2) However, a person mentioned in subsection (1) becomes eligible to be the CEO or the Deputy CEO if the circumstances in that subsection no longer apply to the person.

167 Role and functions of CEO The CEO is responsible to the council: (a) to ensure that the council's policies, plans and lawful decisions are implemented and to ensure council reviews council's policies, plans and decisions in a timely manner; and (b) to undertake the day-to-day management of the council's operations, including the management of the council's staff; and (c) to ensure that the appointment of the council's staff is properly managed within the budget allocated to staffing expenditure approved by the council; and (d) to ensure that the management of the council's operations are properly managed within the budget allocated to non-staffing expenditure approved by the council; and (e) to provide or obtain for the council the information and advice the council reasonably requires for effectively carrying out its functions; and (f) to ensure that the council's constituency is kept properly informed about council policies, programs and decisions and to ensure that appropriate and prompt responses are given to specific requests for information; and (g) to ensure that the council's assets and resources are properly managed and maintained; and (h) to ensure that proper standards of financial management are maintained, including proper controls over revenue and expenditure; and (i) to ensure that financial and other records are properly made and maintained; and (j) to appoint, manage and, if necessary, terminate the appointment of the council's staff (other than the CEO); and (k) to ensure that the council's policies on human resource management comply with section 172; and

Local Government Act 2019 99 (l) to carry out other functions delegated to the CEO by the council or assigned to the CEO under this Act or another Act.

168 Delegation by CEO (1) The CEO may delegate the CEO's powers and functions under this Act or another Act. (2) A delegation may be made to an individual or a committee. (3) Despite subsections (1) and (2): (a) the power to authorise a staff member in relation to a conflict of interest under section 179(6) cannot be delegated; and (b) a power or function under the Burial and Cremation Act 2022 can only be delegated to an individual. (4) Despite subsection (2), the CEO must not delegate a power or function to the following: (a) an audit committee; (b) a council committee; (c) a local authority; (d) a local government subsidiary.

169 Vacancy (1) If there is a vacancy in the office of the CEO, the council must advertise the vacancy: (a) within 8 weeks of the vacancy occurring; and (b) in accordance with the requirements prescribed by regulation. (2) The CEO of the Agency may, in writing, extend the period mentioned in subsection (1)(a) for a further specified period if the CEO is satisfied that there are exceptional circumstances justifying the extension.

170 Other staff of council The CEO is responsible for the appointment of the council's staff in accordance with a budget allocated to staffing expenditure approved by the council.

Local Government Act 2019 100

171 CEO to notify council of change in staff The CEO must notify each member of the council if any of the following occurs: (a) the CEO appoints a person to be a council senior staff member; (b) a council senior staff member resigns; (c) a council senior staff member's appointment is terminated; (d) a council senior staff member's contract expires and is not renewed.

172 Principles of human resource management A council must adopt policies on human resource management and ensure that those policies give effect to the following principles: (a) selection processes for appointment or promotion: (i) must be based on merit; and (ii) must be fair and equitable; (b) the council's staff must have reasonable access to training and development and opportunities for advancement and promotion; (c) the council's staff must be treated fairly and consistently and must not be subjected to arbitrary or capricious decisions; (d) there must be suitable processes for dealing with employment-related grievances; (e) working conditions must be safe and healthy; (f) there must be: (i) no unlawful discrimination against a member, or potential member of the council's staff on the ground of sex, sexuality, marital status, pregnancy, race, physical or intellectual impairment, age or any other ground; and (ii) no other form of unreasonable or otherwise unjustifiable discrimination against a member or potential member of the council's staff.

Local Government Act 2019 101

173 Employment policies (1) The CEO must maintain up-to-date employment policies. (2) The employment policies: (a) must cover: (i) recruitment; and (ii) probation and performance assessment; and (iii) opportunities for advancement that are based on merit and are fair and equitable; and (iv) access to training and development; and (v) access to employment-related benefits; and (vi) resolution of employment-related grievances; and (b) may cover other employment-related subjects. (3) The employment policies must be consistent with the principles of human resource management specified in section 172.

174 Allowances and other benefits policy (1) A council must, by resolution, adopt a policy in relation to allowances and any other benefits for the CEO. (2) The CEO must determine a policy in relation to allowances and any other benefits for the council's staff. (3) The policies: (a) must cover: (i) allowances; and (ii) vehicles; and (iii) accommodation; and (b) may cover other subjects related to allowances and other benefits.

175 Code of conduct for CEO and staff (1) A council must, by resolution, adopt a code of conduct for the CEO.

Local Government Act 2019 102 (2) The CEO must determine the code of conduct for the council's staff.

Part 9.4 Local government subsidiary