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Authorised by the Parliamentary Counsel
[s 47]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
47 Amendment of sch 4 (Dictionary)
(1) Schedule 4, definition conflict of interest—
omit.
(2) Schedule 4—
insert—
sponsored travel or accommodation benefit has
the meaning given by section 177C(4) of the Act.
Part 4 Amendment of Local
Government Act 2009
Division 1 Preliminary
48 Act amended
This part amends the Local Government Act 2009.
Note—
See also the amendments in schedule 1, parts 1 and 2.
donations mentioned in schedule 3,
section 14B(1)(b)
the financial year in which the
donations made first total $500 or
more
another interest mentioned in
schedule 3
the period for which the councillor
holds the interest
Column 1 Column 2
Interest Period
Clause 1
2
3
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5
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Clause 11
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Authorised by the Parliamentary Counsel
[s 49]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
Division 2 Amendments commencing on
assent
49 Amendment of s 12 (Responsibilities of councillors)
(1) Section 12(4)(a), ‘at which the mayor is the chairperson,’—
omit, insert—
as chairperson, and any committee meetings for
which the mayor is the chairperson,
(2) Section 12(4)—
insert—
(fa) being the official spokesperson of the local
government about local government
matters;
(3) Section 12(4)(fa) and (g)—
renumber as section 12(4)(g) and (h).
(4) Section 12—
insert—
(5A) To remove any doubt, it is declared that
subsection (4)(g) does not prevent a councillor
who is not the mayor from communicating with
the community about local government matters
other than as the official spokesperson of the local
government.
(5) Section 12(5A) and (6)—
renumber as section 12(6) and (7).
50 Amendment of s 16 (Review of divisions and councillors)
(1) Section 16, from ‘A’ to ‘in the year’—
omit, insert—
For each local government, the electoral
commission must, no later than 1 October in the
1
2
Clause 3
4
5
6
7
8
9
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Clause 25
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[s 51]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
year that is 2 years
(2) Section 16(a), ‘its’—
omit, insert—
the local government’s
(3) Section 16(b), ‘electoral commissioner’—
omit, insert—
local government
51 Amendment of s 46 (Assessing public benefit)
(1) Section 46(8) and (10)—
omit.
(2) Section 46(9), from ‘the decision,’—
omit, insert—
the decision—
(a) conduct another public benefit assessment
of the significant business activity; and
(b) repeat the process relating to a report on the
public benefit assessment.
(3) Section 46(9)—
renumber as section 46(8).
52 Replacement of s 90B (Prohibition on major policy
decision in caretaker period)
Section 90B—
omit, insert—
90B Prohibition on major policy decisions during
caretaker period
A local government must not make a major policy
decision during a caretaker period for the local
government.
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2
3
4
5
6
7
Clause 8
9
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Clause 20
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
90BA Approval to make major policy decisions in
exceptional circumstances
(1) This section applies if a local government
considers that, because exceptional circumstances
exist, it is necessary and in the public interest to
make a major policy decision during a caretaker
period for the local government.
(2) The local government may apply to the Minister
for approval to make the major policy decision
during the caretaker period.
(3) The Minister may give the approval if the
Minister is satisfied that, because exceptional
circumstances exist, it is necessary and in the
public interest for the local government to make
the major policy decision during the caretaker
period.
(4) The approval may be given on conditions with
which the local government must comply.
(5) Despite section 90B, the local government may
make the major policy decision in accordance
with the approval.
90BB Approval to make major policy decisions
related to disaster recovery funding
arrangements
(1) This section applies if—
(a) during a caretaker period for a local
government, the local government’s local
government area is eligible for assistance
under the disaster recovery funding
arrangements; and
(b) the Minister considers it is necessary for the
local government to make major policy
decisions during the caretaker period to
achieve the objectives of the disaster
recovery funding arrangements.
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
(2) The Minister may give approval to the local
government to make the major policy decisions.
(3) The approval may state—
(a) the types of major policy decisions that may
be made by the local government; and
(b) that the decisions may be made by the local
government only in relation to a stated
matter.
(4) The approval may be given on conditions with
which the local government must comply.
(5) Despite section 90B, the local government may
make major policy decisions in accordance with
the approval.
(6) In this section—
disaster recovery funding arrangements means
the funding arrangements jointly administered by
the State and Commonwealth that are known as
the ‘Disaster Recovery Funding Arrangements’.
53 Amendment of s 94 (Power to levy rates and charges)
Section 94(1), ‘Each’—
omit, insert—
Subject to section 94A, each
54 Insertion of new s 94A
After section 94—
insert—
94A Limitation on power to levy rates for particular
local governments
(1) A regulation may prescribe any of the following
local governments as a local government to which
this section applies—
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Clause 19
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Clause 23
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
(a) Aurukun Shire Council;
(b) Mornington Shire Council;
(c) an indigenous local government.
(2) A local government prescribed under subsection
(1) must not levy general, special or separate
rates.
(3) The Minister may recommend to the Governor in
Council the making of a regulation under
subsection (1) in relation to a local government
only if the Minister considers it would be
impracticable for the local government to levy
rates on rateable land in the local government’s
area.
55 Amendment of s 138 (What this division is about)
Section 138(3)(a), ‘employee’—
omit, insert—
agent
56 Amendment of s 138AA (Notices for this division)
Section 138AA(3)—
omit, insert—
(3) A reasonable entry notice is a notice about a
proposed entry of a property that states—
(a) who is to enter the property; and
(b) the reason for entering the property; and
(c) the days and times when the property is to
be entered.
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2
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Clause 14
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Clause 18
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Authorised by the Parliamentary Counsel
[s 57]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
57 Amendment of s 140 (Entry by an owner, with reasonable
entry notice, under a remedial notice)
(1) Section 140(2), ‘After’—
omit, insert—
At least 7 days after
(2) Section 140(2)(a), from ‘at the times’—
omit, insert—
(other than a home on the property) on each day at
the times stated in the reasonable entry notice; and
58 Amendment of s 142 (Entry by a local government
worker, with reasonable entry notice, under a remedial
notice)
(1) Section 142(1)(a), after ‘property’—
insert—
who is required to take the action stated in the
remedial notice
(2) Section 142(2), ‘After’—
omit, insert—
At least 7 days after
(3) Section 142(2)(a), after ‘occupier’—
insert—
on each day at the times stated in the reasonable
entry notice
59 Amendment of s 143 (Entry by a local government
worker, with reasonable entry notice, to take materials)
(1) Section 143(4), from ‘After’ to ‘may’—
omit, insert—
A local government worker may, after giving a
Clause 1
2
3
4
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8
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Clause 10
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Clause 24
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Authorised by the Parliamentary Counsel
[s 60]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
reasonable entry notice to the owner and the
occupier of the relevant land within a reasonable
period before the land is to be entered
(2) Section 143(4)(a), after ‘of the land’—
insert—
on each day at the times stated in the reasonable
entry notice
(3) Section 143(4), example—
omit.
60 Amendment of s 150DD (Acting assessor)
(1) Section 150DD(2)—
omit.
(2) Section 150DD(3)—
renumber as section 150DD(2).
61 Amendment of s 150DY (Content of register—decisions)
Section 150DY(3), before paragraph (a)—
insert—
(aa) the decision relates to an order made against
the councillor for unsuitable meeting
conduct; or
62 Amendment of s 155 (Disqualification because of other
high office)
(1) Section 155, heading, from ‘because’—
omit, insert—
of government members and electoral
candidates
(2) Section 155(1) and (3), after ‘member’—
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2
3
4
5
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7
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9
Clause 10
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Clause 15
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Clause 21
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Authorised by the Parliamentary Counsel
[s 63]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
insert—
or electoral candidate
(3) Section 155—
insert—
(2A) A person is an electoral candidate if, under the
Electoral Act, section 93(3), the person becomes
a candidate for an election of a member of the
Legislative Assembly.
(4) Section 155(2A) and (3)—
renumber as section 155(3) and (4).
63 Amendment of ch 6, pt 2, div 2, hdg (Councillor’s term of
office)
Chapter 6, part 2, division 2, heading, after ‘office’—
insert—
and entitlement to remuneration
64 Replacement of s 160B (Compulsory leave without pay)
Section 160B—
omit, insert—
160B Remuneration to be paid for term
A councillor of a local government is entitled to
remuneration for the period—
(a) starting on the day the councillor’s term
starts under section 159; and
(b) ending on the day the councillor’s term ends
under section 160.
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Clause 11
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Clause 16
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Authorised by the Parliamentary Counsel
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
65 Amendment of s 162 (When a councillor’s office becomes
vacant)
(1) Section 162(1)—
insert—
(fa) is elected or appointed as mayor of the local
government; or
(2) Section 162(1)(fa) to (h)—
renumber as section 162(1)(g) to (i).
66 Amendment of s 169A (Councillor training)
(1) Section 169A(1)—
omit, insert—
(1) A councillor must complete each approved
training course unless the councillor has, at any
time, previously completed the approved training
course.
(2) Section 169A(4), (5) and (6)(a), ‘councillor training’—
omit, insert—
training course
(3) Section 169A(6)(b) and (c), ‘training’—
omit, insert—
course
(4) Section 169A(7)(b), ‘requirements about’—
omit.
(5) Section 169A(8)—
omit, insert—
(8) In this section—
approved training course means a course of
training approved by the department’s chief
executive that—
Clause 1
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Clause 9
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Authorised by the Parliamentary Counsel
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
(a) is about a councillor’s responsibilities under
section 12; and
(b) meets the requirements under subsection
(7).
67 Amendment of s 170A (Requests for assistance or
information)
(1) Section 170A(4)—
insert—
(ba) that comprises proceedings in the Assembly
under the Parliament of Queensland Act
2001, section 9; or
(2) Section 170A(4)(ba) to (d)—
renumber as section 170A(4)(c) to (e).
68 Insertion of new ch 6, pt 2, div 6
Chapter 6, part 2—
insert—
Division 6 Responsibilities during
leave of absence
175A Responsibilities of councillors during leave
of absence
(1) This section applies if a local government grants
a councillor a leave of absence for 1 or more
ordinary meetings of the local government.
(2) To remove any doubt, it is declared that the
councillor may perform any responsibility under
section 12 during the councillor’s leave of
absence.
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Clause 5
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Clause 14
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Authorised by the Parliamentary Counsel
[s 69]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
69 Amendment of s 196 (Appointing other local government
employees)
(1) Section 196(3), after ‘employees’—
insert—
, other than senior executive employees
(2) Section 196—
insert—
(4) A panel constituted by the following persons
appoints a senior executive employee—
(a) the mayor;
(b) the chief executive officer;
(c) either—
(i) if the senior executive employee is to
report to only 1 committee of the local
government—the chairperson of the
committee; or
(ii) otherwise—the deputy mayor.
(5) Despite subsection (4)(c), if the deputy mayor or
chairperson is unable to take part in the panel, the
local government must appoint another councillor
to replace the deputy mayor or chairperson in the
panel.
Example for subsection (5)—
Another councillor is appointed to replace the deputy
mayor or chairperson of a committee in a panel because
the deputy mayor or chairperson is absent.
70 Amendment of s 197D (Regulation may prescribe
particular matters relating to councillor advisors)
(1) Section 197D(1)(c)—
omit.
(2) Section 197D(2), ‘(1)(a) or (b)’—
Clause 1
2
3
4
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Clause 27
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
omit, insert—
(1)
71 Insertion of new ch 9, pt 20
Chapter 9—
insert—
Part 20 Transitional provisions
for Local Government
(Empowering Councils)
and Other Legislation
Amendment Act 2025
Division 1 Preliminary
360 Definitions for part
In this part—
amendment Act means the Local Government
(Empowering Councils) and Other Legislation
Amendment Act 2025.
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement of the transitional
provision in which the term is used.
new, in relation to a provision of this Act, means
the provision as in force from the commencement
of the transitional provision in which the term is
used.
transitional provision means a provision of this
part.
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Clause 3
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Authorised by the Parliamentary Counsel
[s 71]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
Division 2 Provisions for
amendments commencing
on assent
361 Councillors who were candidates immediately
before commencement
(1) This section applies if—
(a) before the commencement, a councillor had
become a candidate, under the Electoral
Act, section 93(3), for an election of a
member of the Legislative Assembly; and
(b) immediately before the commencement, the
election period for the election had not
ended under that Act.
(2) Sections 155 and 160B as in force immediately
before the commencement continue to apply to
the councillor, despite the enactment of the
amendment Act, until the election period ends.
362 Application of s 150DD for existing acting
assessor
(1) This section applies in relation to a person who
was, immediately before the commencement,
appointed as the acting assessor under section
150DD.
(2) New section 150DD applies in relation to any
reappointment of the person.
363 Councillor training
Training that was, immediately before the
commencement, approved councillor training for
a matter under section 169A as in force
immediately before the commencement is, from
the commencement, taken to be an approved
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Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
training course for the same matter under new
section 169A.
364 Existing senior executive employees
(1) This section applies to a person if, immediately
before the commencement, the person—
(a) held an appointment under section 196(3) as
in force immediately before the
commencement; and
(b) was classified as a senior executive
employee.
(2) From the commencement—
(a) the person’s contract and conditions of
employment continue; and
(b) the person is taken to have been appointed
as a senior executive employee under new
section 196(4).
Division 3 Amendments commencing by
proclamation
72 Amendment of s 150B (Overview of chapter)
(1) Section 150B(1)(d), ‘a conduct breach or’—
omit.
(2) Section 150B(2)(d)—
omit.
(3) Section 150B(2)(e)(i), from ‘misconduct,’—
omit, insert—
misconduct; and
(4) Section 150B(2)(e)(ii), ‘or a conduct breach’—
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Clause 19
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