Tasmanian Consolidated Acts
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LOCAL GOVERNMENT ACT 1993 - SECT 3
Interpretation
In this Act, unless the contrary intention appears absolute majority
means
(a) if no councillors are suspended, more than half of the number of
councillors to be elected to a council; or
(b) if one or more councillors are suspended, more than half of the number of
councillors to be elected to a council after subtracting the number of
councillors who are suspended;
Appeal Tribunal means the Tasmanian Civil and
Administrative Tribunal;
approved means approved by the Tasmanian Electoral
Commission;
assets , for the purpose of Parts 3 and 12A and
section 226A , includes
(a) any real or personal property; and
(b) any estates or interests in any real or personal property; and
(c) any rights, obligations or liabilities;
audit panel means the audit panel
established under section 85 ;
authorised person means a person
authorised under section 20A ;
ballot material means
(a) a ballot paper; and
(b) instructions for the completion of the ballot paper and the manner in
which the ballot paper is to be returned; and
(c) the envelope or envelopes to be used for the return of the ballot paper;
and
(d) statements of candidates;
Board means the Local Government Board
established under section 210 ;
Board of Inquiry means a Board of Inquiry
established under section 215 ;
by-election means a by-election held under
Division 9 of Part 15 ;
by-laws means by-laws made by a council under Part 11
;
candidate means a person whose nomination for an election under Part 15
has been accepted under section 272 ;
certificate of election means a
certificate issued under section 304 ;
chief executive officer means, in
relation to a single authority or joint authority, the person responsible for
the administration and operation of that authority;
close associate means a
person referred to in section 51 ;
closing day means the day referred to in
section 268A ;
code of conduct means the code of conduct made by the
Minister, and in force, under section 28R ;
code of conduct complaint
means a complaint made under section 28V and, where appropriate, includes
a part of such a complaint;
Code of Conduct Panel means the Code of Conduct
Panel established under section 28K ;
community means the community of a
municipal area;
competitive neutrality principles means the national
competition policy competitive neutrality principles referred to in clause 3
of the Competition Principles Agreement made between the Commonwealth, the
States and the Territories;
controlling authority means an authority
established under section 29 ;
council means a council established under
section 18 ;
council committee means a council committee established under
section 23 ;
councillor means a person elected to a council and includes the
Lord Mayor, Deputy Lord Mayor, mayor, deputy mayor and alderman;
declaration
of a poll means a declaration under section 303 ;
deputy mayor includes the
Deputy Lord Mayor;
Director means the Director of Local Government appointed
under section 334 ;
Director, MPES means the Director, Monetary Penalties
Enforcement Service appointed under section 8 of the
Monetary Penalties Enforcement Act 2005 ;
dispute resolution process , in
relation to a council, means the process of resolving a dispute that is
performed in accordance with the dispute resolution policy adopted by the
council in accordance with section 28JA ;
election agent means a person
authorised by the candidate to act as his or her agent in connection with the
candidate's campaign for election;
elector means a person entitled to vote in
an election or by-election under Part 15 ;
elector poll means a poll conducted
under Part 6 ;
electoral advertising means any advertising, by any of the
following means, that is directly or indirectly in respect of a campaign for
election by a candidate or intending candidate:
(a) any notice, sign or poster;
(b) any pamphlet or handbill;
(c) any "how-to-vote" card;
(d) any print medium;
(e) any broadcast by radio or television;
(f) on the internet;
electoral area means the municipal area or electoral
district in which an election is to be held;
Electoral Commissioner means the
person holding that office under the Electoral Act 2004 ;
electoral district
means an electoral district referred to in section 17 ;
electoral material
means
(a) ballot papers; and
(b) declarations under section 284 ;
electoral officer means a person
appointed as such under section 265 ;
electoral officer in charge means an
electoral officer appointed under section 265(2) to be in charge of an
issuing place;
electoral roll means a roll kept under section 258 ;
Executive Officer means the Executive Officer appointed under section 28M
;
financial year means a period of 12 months starting on 1 July in one year
and ending on 30 June in the next year;
general manager means the person
appointed as such under section 61 and, in Part 15 , includes a person
nominated under section 253A ;
GST law has the same meaning as in the
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
initial assessor , in relation to a code of conduct complaint, means the
person appointed under section 28ZA(1AA) to be the initial assessor for
the complaint;
intending candidate means a person who has publicly declared
the intention to nominate for an election under Part 15 ;
issuing place
means a place appointed under section 263 ;
investigating Panel , in
respect of a code of conduct complaint, means the panel convened under
section 28L to investigate and determine the complaint;
joint authority
means an authority established under section 30 ;
legal practitioner
means an Australian legal practitioner;
list of electors means the list
prepared under section 261 ;
mayor includes the Lord Mayor;
member
means
(a) a member of a special committee or a controlling authority; and
(b) a person representing a single authority council or a joint authority
council on a single authority or a joint authority; and
(c) a member of the board of management of a single authority or a joint
authority;
municipal area means an area referred to in section 16 and, in
Part 15 , includes a proposed municipal area;
nomination period means the
period beginning at 9 a.m. on the 8th Monday immediately before the closing
day and ending at noon on the 6th Monday immediately before the closing day;
notice of election means the notice of election under section 269 ;
ordinary
election means an election under Part 15 that is not a by-election;
participating council means a council that, together with one or more
councils, establishes a joint authority;
partner means a partner within the
meaning of the Relationships Act 2003 ;
performance improvement direction
means a direction issued to a council or councillor under section 214M ;
polling period means a period of at least 10 days, excluding any Saturday,
Sunday or statutory holiday as defined in the Statutory Holidays Act 2000 ,
ending on closing day;
prohibited conduct means
(a) discrimination, or prohibited conduct, within the meaning of the
Anti-Discrimination Act 1998 that is not the subject to an exception or
exemption under Part 5 of that Act; or
(b) such other conduct, or behaviour, that is prescribed as prohibited
conduct;
proposed municipal area means a municipal area that is to come into
existence as a result of an order under section 214E ;
public land means
public land as specified in section 177A(1) ;
public office
means
(a) in the case of a municipal area, the place at which a council carries on
its administrative activities; or
(b) in the case of a proposed municipal area, the place at which a council or
councils of that proposed municipal area carry out their administrative
activities;
rateable land means land in respect of which rates are payable;
rates notice means a notice referred to in section 122 ;
regulations means the
regulations made under this Act;
relevant period means the period starting on
the 30th day before the date of notice of election and ending at the end of
the polling period;
returning officer means a person appointed as such under
section 264 ;
review means a review carried out by the Board under
Part 12A ;
roll closure day means the day on which the electoral roll for
an electoral area is closed under section 260 ;
scrutineer means a person
appointed as such under section 292 ;
simple majority means the majority
of councillors of a council present and able to vote at a meeting of the
council or council committee;
single authority means an authority established
under section 30 ;
single authority council means a council that
establishes a single authority;
special committee means a special committee
established under section 24 ;
Tasmanian Electoral Commission means the
Tasmanian Electoral Commission established by section 6 of the
Electoral Act 2004 ;
vehicle means a vehicle within the meaning of the
Traffic Act 1925 and a bicycle;
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