Western Australian Current Acts

LOCAL GOVERNMENT ACT 1995 - SECT 3.73

3.73 .         Restrictions on what local government may do during caretaker period

        (1)         In this section —

        emergency means —

            (a)         the occurrence, or imminent occurrence, of an event, situation or condition that is a hazard under the definition of that term in the Emergency Management Act 2005 section 3; or

            (b)         a public health emergency as defined in the Public Health Act 2016 section 4(1);

        land transaction has the meaning given in section 3.59(1);

        major land transaction has the meaning given in section 3.59(1);

        major trading undertaking has the meaning given in section 3.59(1);

        senior employee means a senior employee under section 5.37;

        significant act means any of the following —

            (a)         making a local law (including making a local law to amend or repeal a local law);

            (b)         entering into, or renewing or terminating, the contract of employment of the CEO or of a senior employee;

            (c)         entering into a major land transaction;

            (d)         entering into a land transaction that is preparatory to entry into a major land transaction;

            (e)         commencing a major trading undertaking;

            (f)         entering into a contract, or other agreement or arrangement, in prescribed circumstances;

            (g)         inviting tenders in prescribed circumstances;

            (h)         deciding to do anything referred to in paragraphs (a) to (g);

                  (i)         an act done under a written law or otherwise that is a prescribed act.

        (2)         During a caretaker period, a local government must not do a significant act.

        (3)         Subsections (4) to (6) apply despite subsection (2).

        (4)         A local government may do a significant act during a caretaker period if —

            (a)         the local government’s decision to do the significant act was made before the caretaker period; and

            (b)         any prescribed requirements are met.

        (5)         A local government may do a significant act during a caretaker period if it is necessary for the local government to do the significant act during the caretaker period in order to comply with any of the following —

            (a)         a written law;

            (b)         an order of a court or tribunal;

            (c)         a contractual obligation of the local government under a contract entered into by the local government before the caretaker period.

        (6)         The Departmental CEO may authorise a local government to do a significant act during a caretaker period if the Departmental CEO is satisfied that it is necessary for the local government to do the significant act during the caretaker period —

            (a)         because of an emergency; or

            (b)         to ensure the proper operation of the local government.

        [Section 3.73 inserted: No. 11 of 2023 s. 23.]

What this Part is about

This Part deals with elections of mayors and presidents by electors, elections of councillors, and polls and referendums, and with related matters.

In particular —

            (a)         Divisions 2, 3, 4, 5 and 6 describe the different kinds of elections and direct when those elections are to be held;

            (b)         Division 7 is about the officials who conduct elections;

            (c)         Division 8 sets out the qualifications for enrolment to vote at elections;

            (d)         Division 9 deals with the process of preparing for and conducting an election;

            (e)         Division 10 deals with complaints about the results of elections;

            (f)         Division 11 sets out a number of offences in relation to elections and provides for investigation and prosecution of offences;

            (g)         Division 12 deals with polls and referendums.