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Authorised by the Parliamentary Counsel
[s 110]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
(2) The conduct tribunal may conduct, or continue to
conduct, a hearing about the application under
chapter 5A, part 3 as in force immediately before
the commencement despite the enactment of the
amendment Act.
369 Existing reviews by QCAT of particular matters
(1) This section applies in relation to a review started,
but not decided, under former section 150AT
before the commencement that relates to an
application under former section 150AJ(1)(b).
(2) QCAT may continue to hear and decide the
review under chapter 5A, part 3 as in force
immediately before the commencement despite
the enactment of the amendment Act.
370 Existing review rights to QCAT for particular
matters
(1) This section applies if, immediately before the
commencement—
(a) a person could have but had not applied to
QCAT for review of a decision under
former section 150AT for an application
under former section 150AJ(1)(b); and
(b) the period within which the person could
apply for the review had not ended.
(2) The person may apply for a review of the decision
under former section 150AT as if the amendment
Act had not been enacted.
(3) Also, QCAT may hear and decide the review
under chapter 5A, part 3 as in force immediately
before the commencement as if the amendment
Act had not been enacted.
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Authorised by the Parliamentary Counsel
[s 110]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
Subdivision 2 Dealing with personal
interests of councillors
371 Proceedings for particular offences
(1) This section applies in relation to an offence
against any of the following provisions
committed by a person before the
commencement—
(a) former section 201D in relation to a
provision mentioned in former section
201D(2), definition relevant integrity
provision, paragraph (a)(i) to (v);
(b) former section 150EM(2);
(c) former section 150ES(5);
(d) former section 150EY.
(2) Without limiting the Acts Interpretation Act 1954,
section 20, a proceeding for the offence may be
continued or started, and the person may be
convicted of and punished for the offence, as if
the amendment Act, sections 107 and 108 had not
commenced.
(3) Subsection (2) applies despite the Criminal Code,
section 11.
372 Continued application of s 153 for former
integrity offences
(1) This section applies if a person is convicted of an
offence against former section 150EM(2) or
150EY before or after the commencement.
(2) The conviction is taken to be a conviction of an
integrity offence for section 153(1)(d).
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Authorised by the Parliamentary Counsel
[s 111]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 4 Amendment of Local Government Act 2009
373 Application of this Act for contravention of
former COI provisions
(1) This section applies if—
(a) before the commencement, a person had
made a complaint to the assessor about the
conduct of a councillor; and
(b) the conduct related to a contravention of
former section 150EK, 150EL, 150EPA,
150EQ, 150EW or 150EZ (the former COI
provisions); and
(c) immediately before the commencement, the
complaint had not been resolved.
(2) Chapter 5A, as it applies under subdivision 1,
applies in relation to the councillor’s conduct as
if—
(a) the former COI provisions had not been
repealed; and
(b) contravention of a former COI provision
continued to be misconduct within the
meaning of section 150L.
(3) In this section—
resolved, in relation to a complaint about a
councillor’s conduct, means all proceedings or
actions that are required or permitted to be taken
under chapter 5A in relation to the conduct are
complete.
111 Amendment of sch 1 (Serious integrity offences and
integrity offences)
(1) Schedule 1, part 2, under heading ‘This Act’, entries for
sections 150EM(2) and 150EY—
omit.
(2) Schedule 1, part 2, under heading ‘This Act’—
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Section retrieval-0008 - Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025 - Document excerpt 8 | Zoe
Page 91
Authorised by the Parliamentary Counsel
[s 112]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
insert—
112 Amendment of sch 4 (Dictionary)
(1) Schedule 4, definitions close associate, declarable conflict of
interest, eligible councillor, employment-related or upgraded
travel or accommodation and prescribed conflict of interest—
omit.
(2) Schedule 4, definitions conduct breach, investigation policy,
investigation report and referral notice—
omit.
(3) Schedule 4—
insert—
associate, of a councillor, see section 150EG.
conflict of interest see section 150EF.
material personal interest see section 150EE.
(4) Schedule 4, definition related party, ‘section 150EP’—
omit, insert—
section 150EH
Part 5 Amendment of Local
Government Regulation 2012
Division 1 Preliminary
113 Regulation amended
This part amends the Local Government Regulation 2012.
150EI(3) Councillor’s material personal interest at a meeting
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Authorised by the Parliamentary Counsel
[s 114]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
Note—
See also the amendments in schedule 1, part 2.
Division 2 Amendments commencing on
assent
114 Replacement of s 44 (Minimum requirements for
complaint process)
Section 44—
omit, insert—
44 Complaints management process
The complaints management process adopted by
the relevant local government under section 306
applies to a competitive neutrality complaint in
relation to the business entity.
115 Amendment of s 45 (Making a complaint)
(1) Section 45(1), ‘or the competition authority’—
omit.
(2) Section 45(2)(b)(iii)—
omit.
(3) Section 45(3)—
omit, insert—
(3) Subsection (4) applies if—
(a) the relevant local government makes a
decision about the complaint; and
(b) the complainant tells the local government
that the complainant is not satisfied with the
decision.
(3A) The relevant local government must give the
following to the competition authority as soon as
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Authorised by the Parliamentary Counsel
[s 116]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
practicable—
(a) the complaint;
(b) the local government’s decision about the
complaint and the reasons for the decision;
(c) information obtained from any investigation
of the complaint.
(4) Section 45(3A) and (4)—
renumber as section 45(4) and (5).
116 Amendment of s 48 (Competition authority refusing to
investigate)
(1) Section 48(1)(a)—
omit.
(2) Section 48(1)(b) to (d)—
renumber as section 48(1)(a) to (c).
117 Amendment of s 71 (What ch 4 is about)
Section 71(2)—
omit.
118 Amendment of ch 4, pt 2, hdg (Land exempt from rating)
Chapter 4, part 2, heading, after ‘rating’—
insert—
and prescribed local governments
119 Insertion of new s 73A
After section 73—
insert—
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Authorised by the Parliamentary Counsel
[s 120]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
73A Local governments to which Act, s 94A applies
For section 94A(1) of the Act, the following local
governments are prescribed—
(a) Aurukun Shire Council;
(b) Cherbourg Aboriginal Shire Council;
(c) Doomadgee Aboriginal Shire Council;
(d) Hope Vale Aboriginal Shire Council;
(e) Kowanyama Aboriginal Shire Council;
(f) Lockhart River Aboriginal Shire Council;
(g) Mapoon Aboriginal Shire Council;
(h) Mornington Shire Council;
(i) Napranum Aboriginal Shire Council;
(j) Palm Island Aboriginal Shire Council;
(k) Pormpuraaw Aboriginal Shire Council;
(l) Woorabinda Aboriginal Shire Council;
(m) Wujal Wujal Aboriginal Shire Council;
(n) Yarrabah Aboriginal Shire Council;
(o) Northern Peninsula Area Regional Council;
(p) Torres Strait Island Regional Council.
120 Amendment of s 186 (Councillors)
(1) Section 186(1)(d), (e) and (f)(vii)—
omit.
(2) Section 186(1)(i)—
omit.
121 Amendment of s 187 (Administrative action complaints)
(1) Section 187, heading, after ‘complaints’—
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Authorised by the Parliamentary Counsel
[s 122]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
insert—
and competitive neutrality complaints
(2) Section 187(1)(a), after ‘complaints’—
insert—
and competitive neutrality complaints
(3) Section 187(2), after ‘must’—
insert—
, for each type of complaint mentioned in
subsection (1),
(4) Section 187(2)(a) and (b), ‘administrative action’—
omit.
122 Amendment of s 247 (Remuneration payable to
councillors)
(1) Section 247—
insert—
(2A) However, a decision not to pay the maximum
amount of remuneration to a councillor must not
be made only because the councillor was absent,
with or without the local government’s leave, for
1 or more ordinary meetings of the local
government.
(2) Section 247(4), ‘subsection (3)’—
omit, insert—
subsection (4)
(3) Section 247(8), ‘Subsections (4), (5) and (6)’—
omit, insert—
Subsections (5), (6) and (7)
(4) Section 247(2A) to (8)—
renumber as section 247(3) to (9).
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Authorised by the Parliamentary Counsel
[s 123]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
Division 3 Amendments commencing by
proclamation
123 Amendment of s 186 (Councillors)
(1) Section 186(1)(f)(iii), ‘section 150R(2)’—
omit, insert—
section 150R(3)
(2) Section 186(1)(f)(iv) to (vi)—
omit.
(3) Section 186(1)(g), (h), (j) and (k)—
omit.
(4) Section 186(1)(f)—
renumber as section 186(1)(d).
124 Omission of s 239C (When summary of investigation
report or investigation report must be made publicly
available)
Section 239C—
omit.
125 Replacement of s 254AB (Ordinary business matters
relating to documents—Act, s 150EF)
Section 254AB—
omit, insert—
254AB Matters in relation to which the Act, ch 5B
does not apply—Act, s 150ED
For section 150ED(1)(d) of the Act, the annual
operational plan adopted by a local government
under section 174 is prescribed.
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Authorised by the Parliamentary Counsel
[s 126]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
126 Amendment of s 254D (Public availability of agendas)
Section 254D(5), definition related report, from
‘meeting—’—
omit, insert—
meeting, means a report or other document
relating to an item on the agenda for the meeting
that is made available to councillors or committee
members for the purposes of the meeting.
127 Amendment of s 254H (Recording of reasons for
particular decisions)
(1) Section 254H(2)—
omit.
(2) Section 254H(3) and (4)—
renumber as section 254H(2) and (3).
128 Amendment of s 254J (Closed meetings)
(1) Section 254J(3)(j)—
omit.
(2) Section 254J(4)—
omit.
(3) Section 254J(5) and (6)—
renumber as section 254J(4) and (5).
129 Insertion of new ch 27
After chapter 26—
insert—
Clause 1
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Authorised by the Parliamentary Counsel
[s 130]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
Chapter 27 Transitional
provision for Local
Government
(Empowering
Councils) and Other
Legislation
Amendment Act
2025
382 Investigation reports and local government
meetings
(1) This section applies if, under section 366 of the
Act, an investigation report about the conduct of a
councillor is prepared and given to a local
government.
(2) Former sections 239C, 254D, 254H and 254J
continue to apply in relation to the investigation
report despite the enactment of the Local
Government (Empowering Councils) and Other
Legislation Amendment Act 2025.
(3) In this section—
former, in relation to a provision of this
regulation, means the provision as in force
immediately before the commencement.
130 Amendment of sch 5 (Financial and non-financial
particulars for registers of interests)
(1) Schedule 5, section 1, definition conflict of interest—
omit.
(2) Schedule 5, section 1, definition reporting term, paragraph
(a), from ‘relevant’—
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Authorised by the Parliamentary Counsel
[s 131]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 5 Amendment of Local Government Regulation 2012
omit, insert—
councillor’s term of office; or
(3) Schedule 5, section 13(2)—
omit.
131 Replacement of sch 5A (Content of extracts of registers
of interests of councillors)
Schedule 5A—
omit, insert—
Schedule 5A Content of extracts of
registers of interests of
councillors
section 295(3)
Column 1 Column 2
Interest Period
a gift mentioned in schedule 5,
section 12(1)(a)
the financial year in which the gift is
received
gifts mentioned in schedule 5,
section 12(1)(b)
the financial year in which the gifts
first total $500 or more
a sponsored travel or
accommodation benefit mentioned
in schedule 5, section 13
the financial year in which the
sponsored travel or accommodation
benefit is received
a donation mentioned in schedule 5,
section 14B(1)(a)
the financial year in which the
donation is made
donations mentioned in schedule 5,
section 14B(1)(b)
the financial year in which the
donations made first total $500 or
more
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Page 100
Authorised by the Parliamentary Counsel
[s 132]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 6 Amendment of Local Government Electoral Act 2011
132 Amendment of sch 8 (Dictionary)
(1) Schedule 8, definition conflict of interest—
omit.
(2) Schedule 8—
insert—
sponsored travel or accommodation benefit has
the meaning given by section 150EF(4) of the
Act.
Part 6 Amendment of Local
Government Electoral Act 2011
133 Act amended
This part amends the Local Government Electoral Act 2011.
134 Amendment of s 26 (Who may be nominated)
Section 26(2)—
omit, insert—
(2) Also, a person may be nominated as a candidate
for an election only if—
(a) the person has, within 6 months before the
nomination day for the election,
successfully completed a training course
approved by the department’s chief
executive about—
another interest mentioned in
schedule 5
the period for which the councillor
holds the interest
Column 1 Column 2
Interest Period
Clause 1
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Authorised by the Parliamentary Counsel
[s 135]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 6 Amendment of Local Government Electoral Act 2011
(i) the person’s obligations as a candidate,
including the person’s obligations
under part 6; and
(ii) the person’s obligations as a councillor,
if the person is elected or appointed,
including obligations under a Local
Government Act within the meaning of
the Local Government Act 2009; or
(b) the person is a councillor—
(i) who has, at any time, successfully
completed a training course mentioned
in paragraph (a); and
(ii) whose office has not, before the
nomination day for the election,
become vacant under the City of
Brisbane Act 2010, section 162 or the
Local Government Act 2009, section
162.
135 Amendment of s 45AA (Application for direction that poll
be conducted by postal ballot)
(1) Section 45AA, heading, ‘direction’—
omit, insert—
recommendation
(2) Section 45AA(1), ‘Minister for a poll to’—
omit, insert—
electoral commissioner to make a written
recommendation to the Minister that a poll
(3) Section 45AA(2)(a), ‘Minister’—
omit, insert—
electoral commissioner
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Authorised by the Parliamentary Counsel
[s 136]
Local Government (Empowering Councils) and Other Legislation Amendment Bill 2025
Part 6 Amendment of Local Government Electoral Act 2011
136 Amendment of s 45AB (Referral of application to
electoral commissioner for recommendation)
(1) Section 45AB, heading—
omit, insert—
45AB Deciding application for recommendation
(2) Section 45AB(1)—
omit.
(3) Section 45AB(2), ‘The’—
omit, insert—
For an application by a local government under
section 45AA, the
(4) Section 45AB(2), before paragraph (a)—
insert—
(aa) as soon as practicable after the application is
made, give the Minister notice of the
application; and
(5) Section 45AB(2)(b), from ‘give’ to ‘approved’—
omit, insert—
make a written recommendation about whether
the poll should be conducted by postal ballot
(6) Section 45AB(2)—
insert—
(c) give the recommendation and reasons to the
Minister.
(7) Section 45AB(2)(aa) to (c)—
renumber as section 45AB(2)(a) to (d).
(8) Section 45AB(2) to (4)—
renumber as section 45AB(1) to (3).
Clause 1
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