Queensland Numbered Acts

LOCAL GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT 2012 NO. 33

TABLE OF PROVISIONS

           Contents
           Part 1--Preliminary
   1.      Short title
   2.      Commencement
           Part 2--Amendment of City of Brisbane Act 2010
   3.      Act amended
   4.      Amendment of s 5 (Relationship with Local Government Act)
   5.      Amendment of s 11 (Powers of council generally)
   6.      Amendment of s 12 (Power includes power to conduct joint government activities)
   7.      Amendment of s 14 (Responsibilities of councillors)
   8.      Amendment of s 25 (Chairperson of the council)
   9.      Amendment of s 27 (What this part is about)
   10.     Replacement of ss 30 and 31
           11. Amendment of s 32 (Notice of new local law)
   12.     Amendment of s 34 (Local law register)
   13.     Amendment of s 35 (Consolidated versions of local laws)
   14.     Omission of s 36 (Regular review of local laws)
   15.     Amendment of s 40 (Development processes)
   16.     Amendment of s 42 (Suspending or revoking particular local laws)
   17.     Insertion of new s 42B
           18. Replacement of s 44 (Conducting beneficial enterprises)
   19.     Replacement of s 45 (Register of beneficial enterprises)
   20.     Omission of s 46 (Planning for a beneficial enterprise with the private sector)
   21.     Amendment of s 48 (Ways to apply the competitive neutrality principle)
   22.     Omission of ch 3, pt 3, divs 3 and 4
   23.     Amendment of s 66 (Control of roads)
   24.     Amendment of s 67 (Notice of intention to acquire land to widen a road)
   25.     Amendment of s 69 (Appeal on a claim for compensation)
   26.     Amendment of s 72 (Compensation if realignment not carried out)
   27.     Amendment of s 75 (Closing roads)
   28.     Amendment of s 92 (Materials in infrastructure are council property)
   29.     Amendment of ch 4, pt 3 hdg (Financial sustainability and accountability)
   30.     Amendment of s 103 (Systems of financial management)
   31.     Amendment of s 106 (Councillor's discretionary funds)
   32.     Replacement of s 112 (Gathering information)
   33.     Amendment of s 127 (What this division is about)
   34.     Insertion of new s 127A
           35. Amendment of s 128 (Identity card for council workers)
   36.     Amendment of s 130 (Entry by an owner, with reasonable written notice, under a remedial notice)
   37.     Amendment of s 132 (Entry by a council worker, with reasonable written notice, under a remedial notice)
   38.     Amendment of s 133 (Entry by a council worker, with reasonable written notice, to take materials)
   39.     Amendment of s 148 (Obstructing enforcement of this Act or local laws etc.)
   40.     Amendment of s 155 (Disqualification because of other high office)
   41.     Insertion of new s 160A
           42. Omission of s 168 (Councillors and full-time government jobs)
   43.     Replacement of s 171 (Requests for help or advice)
   44.     Amendment of s 173 (Use of information by councillors)
   45.     Insertion of new s 173A
           46. Amendment of s 174 (Councillor's material personal interest at a meeting)
   47.     Amendment of s 175 (Councillor's conflict of interest at a meeting)
   48.     Omission of s 176 (Duty to report another councillor's material personal interest, conflict of interest or misconduct)
   49.     Replacement of ss 178–180
           50. Amendment of s 180A (Preliminary dealings with complaints before hearing)
   51.     Amendment of s 182 (Hearing and deciding complaints)
   52.     Amendment of s 183 (Taking disciplinary action—BCC councillor conduct review panel)
   53.     Replacement of s 183A (Taking disciplinary action—tribunal)
   54.     Omission of ss 184 and 185
           55. Insertion of new ch 6, pt 2, div 7
   56.     Amendment of s 191 (Appointing an acting chief executive officer)
   57.     Amendment of s 194 (Disciplinary action against council employees)
   58.     Amendment of s 196 (Improper conduct by council employees)
   59.     Amendment of s 197 (Use of information by council employees)
   60.     Replacement of s 198 (Annual report must detail remuneration)
   61.     Amendment of s 215 (False or misleading information)
   62.     Amendment of s 216 (Administrators who act honestly and without negligence are protected from liability)
   63.     Amendment of s 217 (Who is authorised to sign council documents)
   64.     Amendment of s 218 (Name in proceedings by or against council)
   65.     Amendment of s 238 (Delegation of council powers)
   66.     Amendment of s 239 (Delegation of chief executive officer's powers)
   67.     Replacement of s 244 (Requirements for particular guidelines)
   68.     Omission of s 249 (Review of this Act)
   69.     Insertion of new s 250A
           70. Amendment of s 252 (Regulation-making power)
   71.     Insertion of new ch 8, pt 5
   72.     Amendment of schedule (Dictionary)
           Part 3--Amendment of Local Government Act 2009
   73.     Act amended
   74.     Amendment of s 5 (Relationship with City of Brisbane Act 2010)
   75.     Amendment of s 7 (What this part is about)
   76.     Amendment of s 9 (Powers of local governments generally)
   77.     Replacement of s 11 (Who a local government is constituted by)
   78.     Amendment of s 12 (Responsibilities of councillors)
   79.     Amendment of s 13 (Responsibilities of local government employees)
   80.     Insertion of new ch 2A
   81.     Amendment of s 26 (What this part is about)
   82.     Replacement of ss 29 and 29A
           83. Amendment of s 29B (Notice of new local law)
   84.     Amendment of s 31 (Local law register)
   85.     Omission of s 33 (Regular review of local laws)
   86.     Amendment of s 37 (Development processes)
   87.     Renumbering of ch 3, pt 1, div 4 (Miscellaneous)
   88.     Insertion of new ch 3, pt 1, div 4
   89.     Insertion of new s 38B
           90. Replacement of s 40 (Conducting beneficial enterprises)
   91.     Replacement of s 41 (Register of beneficial enterprises)
   92.     Omission of s 42 (Planning for a beneficial enterprise with the private sector)
   93.     Amendment of s 44 (Ways to apply the competitive neutrality principle)
   94.     Omission of ch 3, pt 2, divs 3 and 4
   95.     Amendment of s 60 (Control of roads)
   96.     Amendment of s 61 (Notice of intention to acquire land to widen a road)
   97.     Amendment of s 63 (Appeal on a claim for compensation)
   98.     Amendment of s 66 (Compensation if realignment not carried out)
   99.     Amendment of s 69 (Closing roads)
   100.    Amendment of ch 3, pt 4 hdg (The business of indigenous regional councils)
   101.    Replacement of s 81 (What this part is about)
   102.    Amendment of s 82 (What this division is about)
   103.    Amendment of s 85 (Community forum input on trust change proposals)
   104.    Amendment of s 85A (Trust change decisions if no community forum)
   105.    Amendment of ch 4, pt 3 hdg (Financial sustainability and accountability)
   106.    Omission of s 102 (Financial sustainability criteria)
   106A.   Omission of s 103 (Financial management systems)
   107.    Replacement of s 104 (Financial management, planning and accountability documents)
   107A.   Amendment of s 105 (Auditing, including internal auditing)
   108.    Omission of s 106 (Sound contracting principles)
   109.    Insertion of new s 107A
           110. Amendment of s 109 (Councillor's discretionary funds)
   111.    Replacement of s 115 (Gathering information)
   112.    Amendment of s 121 (Removing unsound decisions)
   113.    Amendment of s 138 (What this division is about)
   114.    Insertion of new s 138AA
           115. Amendment of s 138A (Identity card for local government workers)
   116.    Amendment of s 140 (Entry by an owner, with reasonable written notice, under a remedial notice)
   117.    Amendment of s 142 (Entry by a local government worker, with reasonable written notice, under a remedial notice)
   118.    Amendment of s 143 (Entry by a local government worker, with reasonable written notice, to take materials)
   119.    Amendment of s 149 (Obstructing enforcement of Local Government Acts etc.)
   120.    Amendment of s 152 (Qualifications of councillors)
   121.    Amendment of s 155 (Disqualification because of other high office)
   121A.   Omission of s 156A (Disqualification about residence)
   122.    Insertion of new s 160B
           123. Omission of s 168 (Senior councillors and full-time government jobs)
   124.    Amendment of s 170 (Giving directions to local government staff)
   125.    Replacement of s 170A (Requests by councillors for advice or information)
   126.    Insertion of new s 171A
           127. Amendment of s 172 (Councillor's material personal interest at a meeting)
   128.    Amendment of s 173 (Councillor's conflict of interest at a meeting)
   129.    Omission of s 174 (Duty to report another councillor's material personal interest, conflict of interest or misconduct)
   130.    Amendment of s 176 (What this division is about)
   131.    Insertion of new ss 176A–176C
           132. Replacement of s 177 (Assessing complaints)
   133.    Amendment of s 177A (Preliminary dealings with complaints before hearing)
   134.    Amendment of s 180 (Taking disciplinary action)
   135.    Replacement of s 181 (Inappropriate conduct)
   136.    Insertion of new s 181A
           137. Amendment of s 189 (Appointing members of regional conduct review panels)
   138.    Amendment of s 196 (Appointing other local government employees)
   139.    Amendment of s 197 (Disciplinary action against local government employees)
   140.    Amendment of s 199 (Improper conduct by local government employees)
   141.    Amendment of s 200 (Use of information by local government employees)
   142.    Replacement of s 201 (Annual report must detail remuneration)
   143.    Omission of ch 6, pt 5, div 4 (Equality of employment opportunity)
   144.    Amendment of s 202 (Appointing authorised persons)
   145.    Amendment of s 209 (Board's responsibilities)
   146.    Amendment of s 210 (Board of directors)
   147.    Amendment of s 217 (LG super scheme)
   148.    Amendment of s 220C (Exemption from payment of yearly contributions on grounds of financial hardship)
   149.    Amendment of s 227 (Super schemes to be audited by auditor-general)
   150.    Amendment of s 235 (Administrators who act honestly and without negligence are protected from liability)
   151.    Amendment of s 236 (Who is authorised to sign local government documents)
   152.    Insertion of new s 236A
           153. Amendment of s 237 (Name in proceedings by or against a local government)
   154.    Insertion of new s 237A
           155. Amendment of s 239 (Substituted service)
   156.    Amendment of s 240 (Acting for a local government in legal proceedings)
   157.    Amendment of s 245 (Judges and other office holders not disqualified from adjudicating)
   158.    Amendment of s 246 (Where fines are to be paid to)
   159.    Amendment of s 248 (Evidence of local laws)
   160.    Amendment of s 249 (Evidence of proceedings of local government)
   161.    Amendment of s 250 (Evidentiary value of copies)
   162.    Amendment of s 251 (Evidentiary value of certificates)
   163.    Amendment of s 252 (Evidence of directions given to local government)
   164.    Amendment of s 257 (Delegation of local government powers)
   165.    Insertion of new s 257A
           166. Amendment of s 258 (Delegation of mayor's powers)
   167.    Amendment of s 259 (Delegation of chief executive officer powers)
   168.    Insertion of new ch 7, pt 5A
   169.    Amendment of s 265 (Materials in infrastructure are local government property)
   170.    Omission of s 267 (Review of this Act)
   171.    Insertion of new s 268A
           172. Amendment of s 270 (Regulation-making power)
   173.    Amendment of s 272 (Local governments, including joint local governments)
   174.    Amendment of s 275 (Local government owned corporation)
   175.    Insertion of new ch 9, pt 4
   176.    Amendment of sch 4 (Dictionary)
           Part 4--Amendment of Local Government Electoral Act 2011
   177.    Act amended
   178.    Amendment of s 18 (Cut-off day for compiling voters roll)
   179.    Amendment of s 24 (Date of by-elections)
   180.    Amendment of s 32 (Announcement of nominations)
   181.    Amendment of s 34 (Procedure if number of candidates not more than number required)
   182.    Amendment of s 36 (Procedure on death of candidate when poll to be conducted)
           Part 5--Amendment of Parliament of Queensland Act 2001
   183.    Act amended
   184.    Amendment of s 68 (Effect of election on particular candidates)
           Part 6--Amendment of Public Sector Ethics Act 1994
   185.    Act amended
   186.    Amendment of schedule (Dictionary)
           Part 7--Amendment of Public Service Act 2008
   187.    Act amended
   188.    Amendment of s 24 (What is a government entity)
           Part 8--Amendment of Right to Information Act 2009
   189.    Act amended
   190.    Amendment of s 113 (Disciplinary action)
   191.    Amendment of sch 3 (Exempt information)
           Part 9--Minor and consequential amendments
   192.    Acts amended
           SCHEDULE -- ACTS AMENDED