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Queensland
LOCAL GOVERNMENT
AMENDMENT BILL 1996
Queensland
LOCAL GOVERNMENT AMENDMENT
BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Insertion of new ch 3, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2A--REINSTATEMENT OF CERTAIN AREAS
Division 1--Preliminary
137A Purpose of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
137B Basic concepts-affected areas and amalgamated areas . . . . . . . . . 7
137C Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
137D "Approving" or "opposing" a referendum question . . . . . . . . . . . . . 12
137E Correspondingly named areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Specific information about affected areas and
amalgamated areas and other important concepts
137F Shire of Burnett . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
137G City of Cairns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
137H Shire of Cooloola . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
137I City of Gold Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
137J City of Ipswich . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
137K City of Mackay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
137L Shire of Warwick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Petition
137M Affected electors may petition Minister . . . . . . . . . . . . . . . . . . . . . . 20
137N Requirements for a petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
137O Receiving and checking petitions . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2
Local Government Amendment
137P Notification about petition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 4--Referendum
Subdivision 1--Preliminary
137Q When this division applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Subdivision 2--Holding a referendum
137R Referendum to be held . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
137S Referendum for affected area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
137T Referendum for amalgamated area . . . . . . . . . . . . . . . . . . . . . . . . . . 24
137U Appointment and role of returning officers for referendum . . . . . . . . 25
137V Referendum day . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
137W Notice of referendum day and other information . . . . . . . . . . . . . . . . 26
137X Extension of time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
137Y Voters rolls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
137Z Single document for Cairns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
137ZA Single document for Gold Coast . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
137ZB Single document for Ipswich . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
137ZC Voters roll to be open to inspection
and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
137ZD Explanatory statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
137ZE Appointment provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
137ZF Appointed person may request
information from local government . . . . . . . . . . . . . . . . . . . . . . . . . . 33
137ZG Justiciability of and decisions about
explanatory statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
137ZH Electoral arrangements statement
for referendum for affected area or amalgamated area . . . . . . . . . . . 34
137ZI Short form electoral arrangements statements . . . . . . . . . . . . . . . . . 35
137ZJ Giving statements to affected electors . . . . . . . . . . . . . . . . . . . . . . . . 36
137ZK Local government views on referendum . . . . . . . . . . . . . . . . . . . . . . 37
137ZL Compulsory voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
137ZM Conduct of referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
137ZN Preliminary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
137ZO Direction that poll be conducted by
postal ballot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
3
Local Government Amendment
137ZP Ballot papers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
137ZQ Mode of voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
137ZR Effect of ballot paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
137ZS Scrutineers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
137ZT Declaration envelope tear-offs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 5--Implementing referendum action for affected area
137ZU Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
137ZV Reference to Legislative Assembly
for resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
137ZW Reinstatement regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
137ZX Division of assets and liabilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
137ZY Electoral arrangements for reinstated area . . . . . . . . . . . . . . . . . . . . 51
137ZZ Electoral arrangements for area of
boundary affected local government . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 6--Implementing referendum action for amalgamated area
137ZZA Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
137ZZB Early elections regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 7--Costs
137ZZC Minister's directions about costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
137ZZD Referendum costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
137ZZE Conditions of appointment as
transition officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 8--Miscellaneous
137ZZF Proof of voters roll . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
137ZZG Additional regulation making power . . . . . . . . . . . . . . . . . . . . . . . . 56
137ZZH Regulatory impact statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
137ZZI Expiry of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
1996
A BILL
FOR
An Act to amend the Local Government Act 1993
s1 6 s3
Local Government Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Local Government Amendment Act 1996. 3
amended 4
Act
Clause 2. This Act amends the Local Government Act 1993. 5
of new ch 3, pt 2A 6
Insertion
Clause 3. Chapter 3-- 7
insert-- 8
`PART 2A--REINSTATEMENT OF CERTAIN AREAS 9
1--Preliminary 10
`Division
urpose of pt 2A 11
`P
`137A.(1) The purpose of this part is to specify a process for the possible 12
reinstatement of certain local government areas and external boundaries 13
affected by the implementation of reviewable local government matters 14
under amalgamation regulations in 1993, 1994 and 1995. 15
`(2) The complete process includes-- 16
· petition for a referendum 17
· referendum 18
· approval by the Legislative Assembly 19
· regulation providing for reinstatement, including arrangements 20
for fresh elections. 21
`(3) The process also includes the possibility of triennial elections in 22
s3 7 s3
Local Government Amendment
1997 for the councillors of the local governments of the cities of Cairns, 1
Gold Coast and Ipswich. 2
concepts-affected areas and amalgamated areas 3
`Basic
`137B.(1) The affected area and the amalgamated area are basic concepts 4
for understanding this part. 5
`(2) There were 7 local government amalgamation regulations over the 6
years 1993, 1994 and 1995, and accordingly there are 7 affected areas. 7
`(3) In general terms, an affected area is made up of all the areas and 8
parts of areas directly affected by an amalgamation regulation. 9
`(4) Division 21 deals with each affected area in turn, but, again in general 10
terms, each affected area is made up of-- 11
(a) the local government areas (usually 2) that were abolished and 12
then combined to form a new amalgamated area; and 13
(b) in some cases2--parts of other adjoining local government areas 14
that were included in the amalgamated area; and 15
(c) in some cases3 --a part or parts of the amalgamated area excluded 16
from it and included in an adjoining local government area. 17
`(5) The amalgamated area is the new local government area formed 18
under the amalgamation regulation.4 19
`(6) The distinction between an affected area and an amalgamated area 20
can be seen in the following-- 21
· a petition is for an entire affected area, and asks for a referendum 22
for the affected area 23
· if the petition succeeds, a referendum is held on the question of 24
reinstatement for the entire affected area 25
1 Division 2 (Specific information about affected areas and amalgamated areas
and other important concepts)
2 Cairns, Gold Coast, and Ipswich
3 Burnett, Gold Coast and Ipswich
4 For Cairns, Cooloola, Mackay and Warwick, the amalgamated areas are
identical to the affected areas.
s3 8 s3
Local Government Amendment
· if the referendum succeeds, a resolution of the Legislative 1
Assembly leads to a reinstatement regulation that effectively 2
reverses the relevant amalgamation regulation 3
· for Cairns, a second referendum, on the question of the holding 4
of triennial elections in 1997 instead of 2000, is held when the 5
first referendum is held 6
· for Gold Coast or Ipswich, a second referendum, on the question 7
of the holding of triennial elections in 1997 instead of 2000, is 8
held when the first referendum is held, but only for electors in the 9
amalgamated area, not the wider affected area 10
· for Cairns, Gold Coast or Ipswich, if the first referendum does 11
not succeed (or, if it does, but the Legislative Assembly does not 12
approve reinstatement), the answer to the question for the second 13
referendum becomes relevant. 14
`(7) In division 2, each affected area and amalgamated area is defined 15
more precisely, and some other important concepts for understanding this 16
part are established. 17
for pt 2A 18
`Definitions
`137C. In this part-- 19
"abolished area", for an affected area, means a local government area 20
abolished under the affected area's amalgamation regulation.5 21
"affected area" means the affected Burnett, Cairns, Cooloola, Gold Coast, 22
Ipswich, Mackay or Warwick area.6 23
"affected Burnett area" see section 137F(1). 24
"affected Cairns area" see section 137G(1). 25
"affected Cooloola area" see section 137H(1). 26
"affected elector" means-- 27
5 See division 2 (Specific information about affected areas and amalgamated
areas and other important concepts) for more detail about the abolished areas.
6 See division 2 (Specific information about affected areas and amalgamated
areas and other important concepts) for more detail about the affected areas.
s3 9 s3
Local Government Amendment
(a) for an affected area in relation to a petition for the area--a person 1
who, on 27 March 1996-- 2
(i) was an elector under the Electoral Act 1992 for an electoral 3
district, or part of an electoral district, included in the affected 4
area; and 5
(ii) was enrolled under that Act on an electoral roll for the 6
district or part; or 7
(b) for a voting area of an affected area in relation to a referendum for 8
the affected area--a person who, on the referendum roll cut-off 9
day, is an elector under the Electoral Act 1992 for an electoral 10
district, or part of an electoral district, included in the affected 11
area; or 12
(c) for an amalgamated area in relation to a referendum for the 13
amalgamated area--a person who, on the referendum roll cut-off 14
day, is an elector under the Electoral Act 1992 for an electoral 15
district, or part of an electoral district, included in the 16
amalgamated area. 17
18
Example for paragraph (a)--
19
An affected elector for the affected Gold Coast area in relation to a petition for
20
the area is a person who, on 27 March 1996--
21
(a) was an elector under the Electoral Act 1992 for an electoral district, or
22
part of an electoral district, included in the affected Gold Coast area; and
23
(b) was enrolled under that Act on an electoral roll for the district or part.
"affected Gold Coast area" see section 137I(1). 24
"affected Ipswich area" see section 137J(1). 25
"affected Mackay area" see section 137K(1). 26
"affected Warwick area" see section 137L(1). 27
"amalgamated area" means the amalgamated Burnett, Cairns, Cooloola, 28
Gold Coast, Ipswich, Mackay or Warwick area.7 29
"amalgamated Burnett area" see section 137F(2). 30
7 See division 2 (Specific information about affected areas and amalgamated
areas and other important concepts) for more detail about amalgamated areas.
s3 10 s3
Local Government Amendment
"amalgamated Cairns area" see section 137G(2). 1
"amalgamated Cooloola area" see section 137H(2). 2
"amalgamated Gold Coast area" see section 137I(2). 3
"amalgamated Ipswich area" see section 137J(2). 4
"amalgamated local government" means a local government whose area 5
was created under an amalgamation regulation. 6
"amalgamated Mackay area" see section 137K(2). 7
"amalgamated Warwick area" see section 137L(2). 8
"amalgamation regulation" means the Burnett, Cairns, Cooloola, Gold 9
Coast, Ipswich, Mackay or Warwick amalgamation regulation.8 10
"appointed person" see section 137ZD(1). 11
"approve" a referendum question see section 137D(1) to (4). 12
"approved form of petition page" see division 2.9 13
"boundary affected local government", means a local government (other 14
than an amalgamated local government) whose external boundaries 15
were changed under an amalgamation regulation.10 16
"Burnett amalgamation regulation" see section 137F(4). 17
"Cairns amalgamation regulation" see section 137G(4). 18
"changeover day" see division 2.11 19
"chief executive" means the chief executive of the department. 20
"Cooloola amalgamation regulation" see section 137H(4). 21
8 See division 2 (Specific information about affected areas and amalgamated
areas and other important concepts) for more detail about amalgamation
regulations.
9 The approved form of petition page for an affected area is identified in the
section of division 2 about the affected area.
10 See division 2 (Specific information about affected areas and amalgamated
areas and other important concepts) for more detail about boundary affected
local governments.
11 The changeover day for an affected area is identified in the section of division 2
about the affected area.
s3 11 s3
Local Government Amendment
"early elections regulation" means a regulation made under 1
section 137ZZB. 2
"electoral arrangements", for a local government area, means the 3
following-- 4
(a) the composition of the area's local government; 5
(b) whether the area is divided into divisions; 6
(c) if the area is divided into divisions--the boundaries of each 7
division and the assignment of councillors to the divisions. 8
"electoral arrangements statement" see sections 137ZH. 9
"explanatory statement" see section 137ZD(1). 10
"Gold Coast amalgamation regulation" see section 137I(4). 11
"Ipswich amalgamation regulation" see section 137J(4). 12
"Mackay amalgamation regulation" see section 137K(4). 13
"oppose" a referendum question see section 137D(5). 14
"petition page" means a sheet of paper intended to form part of a petition. 15
"petition page requirements" see section 137N(6). 16
"postal address", for an affected elector, means an address shown in a roll 17
under the Electoral Act 1992 in addition to the elector's residential 18
address. 19
"question", for a referendum, means the question asked at the referendum. 20
"referendum" means a referendum under this part for an affected area or 21
amalgamated area. 22
"referendum action", for a referendum, means the action necessary or 23
desirable to give effect to the proposal contained in the referendum 24
question. 25
"referendum day" see section 137V.12 26
"referendum notice", for a referendum, see section 137W(1). 27
"referendum roll cut-off day" means 10 May 1996. 28
12 See also section 137X for the extension of time.
s3 12 s3
Local Government Amendment
"reinstated area" see section 137ZW(3)(b). 1
"reinstatement regulation" see section 137ZV(2). 2
"returning officer", for a referendum, means a person appointed under 3
section 137U as the returning officer for the referendum. 4
"short form electoral arrangements statement" see section 137ZI. 5
"transition officer" see section 137ZW(3)(h). 6
"voting areas", of an affected area, mean the parts into which an affected 7
area is divided for a referendum for the affected area.13 8
"Warwick amalgamation regulation" see section 137L(4). 9
"Approving" or "opposing" a referendum question 10
`
`137D.(1) A person "approves" a referendum question if the person 11
answers the question in the affirmative. 12
`(2) A voting area "approves" a question for a referendum if the 13
affected electors for the voting area who vote to approve the question are 14
greater in number than half the affected electors on the voters roll for the 15
voting area. 16
`(3) An affected area "approves" a question for a referendum if each 17
voting area of the affected area approves the question. 18
`(4) An amalgamated area "approves" a question for a referendum if the 19
affected electors for the amalgamated area who vote to approve the question 20
are greater in number than half the affected electors on the voters roll for the 21
amalgamated area. 22
`(5) A person "opposes" a question for a referendum if the person 23
answers the question in the negative. 24
named areas 25
`Correspondingly
`137E.(1) If this part refers to an affected area's amalgamated area, the 26
reference is to the amalgamated area with the name corresponding to the 27
13 See division 2 (Specific information about affected areas and amalgamated
areas and other important concepts) for more detail about voting areas.
s3 13 s3
Local Government Amendment
affected area's name. 1
2
Example for subsection (1)--
3
The affected Gold Coast area's amalgamated area is the amalgamated Gold
4
Coast area.
`(2) If this part refers to an amalgamated area's affected area, the 5
reference is to the affected area with the name corresponding to the 6
amalgamated area's name. 7
8
Example for subsection (2)--
9
The amalgamated Gold Coast area's affected area is the affected Gold Coast
10
area.
`Division 2--Specific information about affected areas and 11
amalgamated areas and other important concepts 12
of Burnett 13
`Shire
`137F.(1) The "affected Burnett area" is-- 14
(a) the local government area of the Shire of Burnett; and 15
(b) the relevant area under the Burnett amalgamation regulation.14 16
`(2) The "amalgamated Burnett area" is the local government area of 17
the shire. 18
`(3) The "changeover day" for the affected Burnett area is 19
30 March 1994. 20
`(4) The Local Government (Bundaberg and Burnett) Regulation 1993 21
(the "Burnett amalgamation regulation") is the amalgamation regulation 22
for the affected and amalgamated Burnett areas. 23
`(5) The "approved form of petition page" for the affected Burnett area 24
is that notified in the gazette on 20 March 1996 at pages 1 199 (front) and 25
1 200 (back) (form 1). 26
`(6) If a referendum is held for the affected Burnett area, the area is taken 27
14 The relevant area is made up of the parts of the former Shires of Gooburrum and
Woongarra that were included in the City of Bundaberg under the Burnett
amalgamation regulation.
s3 14 s3
Local Government Amendment
to be divided into the following voting areas-- 1
(a) voting area 1 is the part of the shire and the part of the City of 2
Bundaberg that, immediately before the changeover day, was the 3
then local government area of the Shire of Gooburrum; 4
(b) voting area 2 is the part of the shire and the part of the City of 5
Bundaberg that, immediately before the changeover day, was the 6
then local government area of the Shire of Woongarra. 7
`(7) For the affected Burnett area-- 8
(a) the abolished areas are the local government areas of the shires of 9
Gooburrum and Woongarra that existed immediately before the 10
changeover day; and 11
(b) the boundary affected local government is the Bundaberg City 12
Council. 13
of Cairns 14
`City
`137G.(1) The "affected Cairns area" is the local government area of 15
the City of Cairns. 16
`(2) The "amalgamated Cairns area" is the local government area of 17
the city. 18
`(3) The "changeover day" for the affected Cairns area is 19
22 March 1995. 20
`(4) The Local Government (Cairns, Douglas, Mareeba and Mulgrave) 21
Regulation 1994 (the "Cairns amalgamation regulation") is the 22
amalgamation regulation for the affected and amalgamated Cairns areas. 23
`(5) The "approved form of petition page" for the affected Cairns area 24
is that notified in the gazette on 20 March 1996 at pages 1 201 (front) and 25
1 202 (back) (form 2). 26
`(6) If a referendum is held for the affected Cairns area, the area is taken 27
to be divided into the following voting areas-- 28
(a) voting area 1 is the part of the city that, immediately before the 29
changeover day, was the then local government area of the City of 30
Cairns; 31
(b) voting area 2 is-- 32
s3 15 s3
Local Government Amendment
(i) the part of the city that, immediately before the changeover 1
day, was the then local government area of the Shire of 2
Mulgrave; and 3
(ii) areas A and B under the Cairns amalgamation regulation.15 4
`(7) For the affected Cairns area-- 5
(a) the abolished areas are the local government areas of the City of 6
Cairns and Shire of Mulgrave that existed immediately before the 7
changeover day; and 8
(b) the boundary affected local governments are Douglas Shire 9
Council and Mareeba Shire Council. 10
of Cooloola 11
`Shire
`137H.(1) The "affected Cooloola area" is the local government area of 12
the Shire of Cooloola. 13
`(2) The "amalgamated Cooloola area" is the local government area of 14
the shire. 15
`(3) The "changeover day" for the affected Cooloola area is 16
2 December 1993. 17
`(4) The Local Government (Shire of Cooloola) Regulation 1993 (the 18
"Cooloola amalgamation regulation") is the amalgamation regulation for 19
the affected and amalgamated Cooloola areas. 20
`(5) The "approved form of petition page" for the affected Cooloola 21
area is that notified in the gazette on 20 March 1996 at pages 1 203 (front) 22
and 1 204 (back) (form 3). 23
`(6) If a referendum is held for the affected Cooloola area, the area is 24
taken to be divided into the following voting areas-- 25
(a) voting area 1 is the part of the shire that, immediately before the 26
changeover day, was the then local government area of the City of 27
Gympie; 28
15 Area A is the part of the Shire of Douglas that was included in the City of Cairns
under the Cairns amalgamation regulation. Area B is the part of the Shire of
Mareeba that was included in the City of Cairns under the Cairns amalgamation
regulation.
s3 16 s3
Local Government Amendment
(b) voting area 2 is the part of the shire that, immediately before the 1
changeover day, was the then local government area of the Shire 2
of Widgee. 3
`(7) For the affected Cooloola area-- 4
(a) the abolished areas are the local government areas of the City of 5
Gympie and Shire of Widgee that existed immediately before the 6
changeover day; and 7
(b) there are no boundary affected local governments. 8
of Gold Coast 9
`City
`137I.(1) The "affected Gold Coast area" means-- 10
(a) the local government area of the City of Gold Coast; and 11
(b) area A under the Gold Coast amalgamation regulation.16 12
`(2) The "amalgamated Gold Coast area" means the local government 13
area of the city. 14
`(3) The "changeover day" for the affected Gold Coast area is 15
22 March 1995. 16
`(4) The Local Government (Albert, Beaudesert and Gold Coast) 17
Regulation 1994 (the "Gold Coast amalgamation regulation") is the 18
amalgamation regulation for the affected and amalgamated Gold Coast 19
areas. 20
`(5) The "approved form of petition page" for the affected Gold Coast 21
area is that notified in the gazette on 20 March 1996 at pages 1 205 (front) 22
and 1 206 (back) (form 4). 23
`(6) If a referendum is held for the affected Gold Coast area, the area is 24
taken to be divided into the following voting areas-- 25
(a) voting area 1 is the part of the city that, immediately before the 26
changeover day, was the then local government area of the City of 27
Gold Coast; 28
16 Area A is the part of the former Shire of Albert that was included in the Shire of
Beaudesert under the Gold Coast amalgamation regulation.
s3 17 s3
Local Government Amendment
(b) voting area 2 is-- 1
(i) the part of the city and the part of the Shire of Beaudesert 2
that, immediately before the changeover day, was the then 3
local government area of the Shire of Albert; and 4
(ii) area B under the Gold Coast amalgamation regulation.17 5
`(7) For the affected Gold Coast area-- 6
(a) the abolished areas are the local government areas of the Shire of 7
Albert and City of Gold Coast that existed immediately before the 8
changeover day; and 9
(b) the boundary affected local government is Beaudesert Shire 10
Council. 11
of Ipswich 12
`City
`137J.(1) The "affected Ipswich area" is-- 13
(a) the local government area of the City of Ipswich; and 14
(b) areas A, B and C under the Ipswich amalgamation regulation.18 15
`(2) The "amalgamated Ipswich area" is the local government area of 16
the city. 17
`(3) The "changeover day" for the affected Ipswich area is 18
22 March 1995. 19
`(4) The Local Government (Brisbane, Esk, Ipswich, Logan and 20
Moreton) Regulation 1994 (the "Ipswich amalgamation regulation") is 21
the amalgamation regulation for the affected and amalgamated Ipswich 22
areas. 23
`(5) The "approved form of petition page" for the affected Ipswich 24
17 Area B is the part of the Shire of Beaudesert that was included in the City of
Gold Coast under the Gold Coast amalgamation regulation.
18 Area A is the part of the former Shire of Moreton that was included in the Shire
of Esk under the Ipswich amalgamation regulation. Area B is the part of the
former Shire of Moreton that was included in the City of Brisbane under the
Ipswich amalgamation regulation. Area C is the part of the former Shire of
Moreton that was included in the City of Logan under the Ipswich amalgamation
regulation.
s3 18 s3
Local Government Amendment
area is that notified in the gazette on 20 March 1996 at pages 1 207 (front) 1
and 1 208 (back) (form 5). 2
`(6) If a referendum is held for the affected Ipswich area, the area is taken 3
to be divided into the following voting areas-- 4
(a) voting area 1 is the part of the city that, immediately before the 5
changeover day, was the then local government area of the City of 6
Ipswich; 7
(b) voting area 2 is-- 8
(i) the part of the city, the part of the City of Brisbane, the part 9
of the City of Logan and the part of the Shire of Esk that, 10
immediately before the changeover day, was the then local 11
government area of the Shire of Moreton; and 12
(ii) area D under the Ipswich amalgamation regulation.19 13
`(7) For the affected Ipswich area-- 14
(a) the abolished areas are the local government areas of the City of 15
Ipswich and Shire of Moreton that existed immediately before the 16
changeover day; and 17
(b) the boundary affected local governments are Brisbane City 18
Council, Esk Shire Council and Logan City Council. 19
of Mackay 20
`City
`137K.(1) The "affected Mackay area" is the local government area of 21
the City of Mackay. 22
`(2) The "amalgamated Mackay area" is the local government area of 23
the city. 24
`(3) The "changeover day" for the affected Mackay area is 25
8 April 1994. 26
`(4) The Local Government (Mackay and Pioneer) Regulation 1993 (the 27
"Mackay amalgamation regulation") is the amalgamation regulation for 28
the affected and amalgamated Mackay areas. 29
19 Area D is the part of the City of Logan that was included in the City of Ipswich
under the Ipswich amalgamation regulation.
s3 19 s3
Local Government Amendment
`(5) The "approved form of petition page" for the affected Mackay 1
area is that notified in the gazette on 20 March 1996 at pages 1 209 (front) 2
and 1 210 (back) (form 6). 3
`(6) If a referendum is held for the affected Mackay area, the area is taken 4
to be divided into the following voting areas-- 5
(a) voting area 1 is the part of the city that, immediately before the 6
changeover day, was the then local government area of the City of 7
Mackay; 8
(b) voting area 2 is the part of the city that, immediately before the 9
changeover day, was the then local government area of the Shire 10
of Pioneer. 11
`(7) For the affected Mackay area-- 12
(a) the abolished areas are the local government areas of the City of 13
Mackay and the Shire of Pioneer that existed immediately before 14
the changeover day; and 15
(b) there are no boundary affected local governments. 16
of Warwick 17
`Shire
`137L.(1) The "affected Warwick area" is the local government area of 18
the Shire of Warwick. 19
`(2) The "amalgamated Warwick area" is the local government area of 20
the shire. 21
`(3) The "changeover day" for the affected Warwick area is 22
1 July 1994. 23
`(4) The Local Government (Allora, Glengallan, Rosenthal and 24
Warwick) Regulation 1994 (the "Warwick amalgamation regulation") is 25
the amalgamation regulation for the affected and amalgamated Warwick 26
areas. 27
`(5) The "approved form of petition page" for the affected Warwick 28
area is that notified in the gazette on 20 March 1996 at pages 1 211 (front) 29
and 1 212 (back) (form 7). 30
`(6) If a referendum is held for the affected Warwick area, the area is 31
taken to be divided into the following voting areas-- 32
s3 20 s3
Local Government Amendment
(a) voting area 1 is the part of the shire that, immediately before the 1
changeover day, was the then local government area of the Shire 2
of Allora; 3
(b) voting area 2 is the part of the shire that, immediately before the 4
changeover day, was the then local government area of the Shire 5
of Glengallan; 6
(c) voting area 3 is the part of the shire that, immediately before the 7
changeover day, was the then local government area of the Shire 8
of Rosenthal; 9
(d) voting area 4 is the part of the shire that, immediately before the 10
changeover day, was the then local government area of the City of 11
Warwick. 12
`(7) For the affected Warwick area-- 13
(a) the abolished areas are the local government areas of the Shire of 14
Allora, Shire of Glengallan, Shire of Rosenthal and the City of 15
Warwick that existed immediately before the changeover day; and 16
(b) there are no boundary affected local governments. 17
3--Petition 18
`Division
electors may petition Minister 19
`Affected
`137M.(1) Affected electors for an affected area may petition the 20
Minister for a referendum for the area. 21
`(2) The petitioning may have happened in whole or part before the 22
commencement. 23
`(3) The petition must ask for a referendum for the affected area on the 24
question of abolishing its amalgamated area, and-- 25
(a) for the affected Cooloola, Mackay or Warwick area--reinstating 26
the local government areas existing immediately before the area's 27
changeover day; or 28
(b) for the affected Burnett, Cairns, Gold Coast or Ipswich 29
area--reinstating the local government areas and external 30
s3 21 s3
Local Government Amendment
boundaries existing immediately before the area's changeover 1
day. 2
for a petition 3
`Requirements
`137N.(1) A petition is made up of petition pages. 4
`(2) Each petition page must be in the approved form of petition page for 5
its affected area. 6
`(3) Without limiting subsection (2), a petition page is not in the 7
approved form of petition page if-- 8
(a) it does not include both the front and back of the approved form 9
of petition page; or 10
(b) the wording of the petition page is appreciably less readable than 11
the corresponding wording of the approved form of petition page 12
as gazetted. 13
`(4) When an entry on a petition page is, or was, completed, the petition 14
page must be, or have been, in the approved form of petition page. 15
`(5) However, it is not necessary for a person checking a petition page 16
under this division to consider whether the page was in the approved form 17
of petition page when an entry on the page was completed if, on the face of 18
it, the entry was completed on the approved form. 19
`(6) If the completion of an entry on a petition page does not comply 20
with the section of the approved form of petition page headed 21
`Requirements for completing this petition page' (the "petition page 22
requirements"), the entry is not counted in deciding whether the necessary 23
number of affected electors has signed the petition. 24
`(7) Despite subsection (6), an entry may be counted in deciding whether 25
the necessary number of affected electors has signed the petition if, in all the 26
circumstances, it is clear from a comparison of the entry and information 27
gained from the relevant electoral roll that the entry is that of an affected 28
elector. 29
30
Example 1 for subsection (7)--
31
In the circumstances applying, an entry showing the names `Alexander, Peter'
32
might be counted even though the name should have been shown as `Alexander,
33
Peter Michael'.
s3 22 s3
Local Government Amendment
1
Example 2 for subsection (7)--
2
In the circumstances applying, an entry showing an address as `123 Sunshine
3
Boulevard, Isle of Capri Qld 4217' might be counted even though the address should
4
have been shown as `123 Sunshine Boulevard, Surfers Paradise Qld 4217'.
5
Example 3 for subsection (7)--
6
In the circumstances applying, an entry showing an address as `47 Echidna Street,
7
Currumbin Qld 4223' might be counted even though the address should have been
8
shown as `1/47 Echidna Street, Currumbin Qld 4223'.
`(8) None of the entries on a petition page are to be counted if the name 9
and address of the person submitting the petition page is not shown in the 10
appropriate place on the petition page. 11
and checking petitions 12
`Receiving
`137O.(1) To form part of a petition for an affected area, a petition page 13
must be received by 5.00 pm on 10 May 1996-- 14
(a) at the office of the Minister at level 13, 111 George Street, 15
Brisbane; or 16
(b) in GPO Box 37, Brisbane 4001. 17
`(2) The Minister must refer the petition pages received for an affected 18
area to the chief executive for checking. 19
`(3) The chief executive must ensure that the petition pages are checked 20
and must tell the Minister whether the pages form a petition that is a 21
qualifying petition for the area. 22
`(4) A petition is a qualifying petition if it is signed by at least 10% of the 23
affected electors for the area. 24
`(5) When the chief executive is satisfied that a petition is a qualifying 25
petition, it is not necessary for all the petition pages received to be checked. 26
about petition 27
`Notification
`137P.(1) If the chief executive tells the Minister that a petition for an 28
affected area is a qualifying petition, the Minister must, as soon as 29
practicable-- 30
(a) by gazette notice, advise that-- 31
s3 23 s3
Local Government Amendment
(i) the petition is a qualifying petition; and 1
(ii) a referendum is to be held for-- 2
(A) the affected area; and 3
(B) if the area is the affected Cairns, Gold Coast or Ipswich 4
area--its amalgamated area; and 5
(b) table in the Legislative Assembly a copy of-- 6
(i) the petition; and 7
(ii) the gazette notice; and 8
(iii) the advice the Minister received from the chief executive 9
telling the Minister that the petition is a qualifying petition. 10
`(2) If the chief executive tells the Minister that a petition for an affected 11
area is not a qualifying petition, the Minister must, as soon as practicable-- 12
(a) by gazette notice, advise that the petition is not a qualifying 13
petition; and 14
(b) table in the Legislative Assembly a copy of-- 15
(i) the petition; and 16
(ii) the gazette notice; and 17
(iii) the advice the Minister received from the chief executive 18
telling the Minister that the petition is not a qualifying 19
petition. 20
4--Referendum 21
`Division
`Subdivision 1--Preliminary 22
this division applies 23
`When
`137Q. This division applies if the Minister has advised that there is to be 24
a referendum for an affected area. 25
s3 24 s3
Local Government Amendment
`Subdivision 2--Holding a referendum 1
to be held 2
`Referendum
`137R.(1) There must be a referendum for the affected area. 3
`(2) If the area is the affected Cairns, Gold Coast or Ipswich area, there 4
must also be a referendum for the area's amalgamated area. 5
for affected area 6
`Referendum
`137S.(1) This section provides for setting the question for the 7
referendum for the affected area. 8
`(2) The precise wording for the question must be set under a regulation. 9
`(3) However, in substance, the question must ask affected electors 10
whether they approve or oppose abolishing the area's amalgamated area, 11
and-- 12
(a) if the area is the affected Cooloola, Mackay or Warwick 13
area--reinstating each of the area's abolished areas as a local 14
government area; or 15
(b) if the area is the affected Burnett, Cairns, Gold Coast or Ipswich 16
area-- 17
(i) reinstating each of the area's abolished areas as a local 18
government area; and 19
(ii) for the local government area of each of the area's boundary 20
affected local governments--reinstating the external 21
boundaries to the extent that they were changed under the 22
area's amalgamation regulation. 23
for amalgamated area 24
`Referendum
`137T.(1) This section provides for setting the question for a referendum 25
for the affected area's amalgamated area. 26
`(2) The precise wording for the question must be set under a regulation. 27
`(3) However, in substance, the question must ask affected electors 28
s3 25 s3
Local Government Amendment
whether they approve or oppose the holding of triennial elections in 1997 1
for the councillors of the amalgamated area's local government. 2
and role of returning officers for referendum 3
`Appointment
`137U.(1) The Minister must appoint a returning officer and an assistant 4
returning officer for the referendum for the affected area. 5
`(2) If under this part there is also to be a referendum for the area's 6
amalgamated area, the Minister must appoint the returning officer and 7
assistant returning officer for the referendum for the affected area as 8
returning officer and assistant returning officer for the referendum for the 9
amalgamated area. 10
`(3) As soon as practicable after making an appointment, the Minister 11
must, by gazette notice, advise of the appointment. 12
`(4) The returning officer and the assistant returning officer are each 13
entitled to the fees and allowances decided by the Minister. 14
`(5) The returning officer for a referendum must conduct the referendum. 15
`(6) If, for any reason, the returning officer cannot perform the functions 16
of office, the assistant returning officer must act as the returning officer. 17
`(7) The returning officer for a referendum must conduct a public office 18
for the referendum. 19
`(8) The local government for the affected area's amalgamated area must 20
give the returning officer all reasonable assistance the returning officer asks 21
for in conducting the referendum for the affected area or a referendum for 22
the affected area's amalgamated area. 23
`(9) Each boundary affected local government for the affected area must 24
give the returning officer all reasonable assistance the returning officer asks 25
for in conducting the referendum for the affected area. 26
day 27
`Referendum
`137V.(1) The day for holding the referendum for the affected area (the 28
"referendum day") must be a Saturday. 29
`(2) The returning officer may fix the referendum day. 30
s3 26 s3
Local Government Amendment
`(3) If the returning officer fixes the referendum day, the day fixed must 1
be before 28 July 1996. 2
`(4) The Governor in Council may also fix the referendum day. 3
`(5) If the Governor in Council fixes the referendum day under 4
subsection (4)-- 5
(a) the day fixed must be 3, 10, 17 or 24 August 1996; and 6
(b) the Governor in Council must advise the returning officer of the 7
day fixed. 8
`(6) However, the Governor in Council must not fix the referendum day, 9
or advise the returning officer of the day fixed, if the returning officer has 10
already published the referendum notice notifying a day fixed by the 11
returning officer as the referendum day. 12
`(7) The returning officer must not fix the referendum day if the 13
Governor in Council has already advised the returning officer of the 14
referendum day fixed by the Governor in Council. 15
`(8) If under this part there is also to be a referendum for the affected 16
area's amalgamated area, the day for holding the referendum (also the 17
"referendum day") is the referendum day for the affected area. 18
of referendum day and other information 19
`Notice
`137W.(1) The returning officer for a referendum must publish a notice 20
(the "referendum notice")-- 21
(a) stating the referendum day for the referendum; and 22
(b) advising whether, and if so to what extent, the referendum is to be 23
conducted by postal ballot; and 24
(c) giving a brief explanation about-- 25
(i) the question for the referendum; and 26
(ii) for a referendum for the affected area--who is an affected 27
elector for a voting area of the affected area; and 28
(iii) for a referendum for an amalgamated area--who is an 29
affected elector for the amalgamated area; and 30
(d) giving notice of the address and telephone number of the 31
s3 27 s3
Local Government Amendment
returning officer's public office. 1
`(2) To the extent the referendum is not conducted by postal ballot, the 2
referendum notice must state-- 3
(a) the location of ordinary polling booths to be used for the 4
referendum; and 5
(b) that the ordinary voting hours are from 8.00 am to 6.00 pm. 6
`(3) The referendum notice must be published-- 7
(a) for the referendum for the affected area--in a newspaper 8
circulating generally in the area; and 9
(b) for a referendum for the area's amalgamated area--in a 10
newspaper circulating generally in the amalgamated area; and 11
(c) in other ways the returning officer considers appropriate. 12
`(4) The referendum notice must also be displayed in a conspicuous 13
position at the returning officer's public office from as soon as practicable 14
after the referendum notice is first published in a newspaper until 6.00 pm 15
on the referendum day. 16
`(5) The referendum notice may be published before the making or 17
commencement of the regulation setting the precise wording for the 18
question for the referendum. 19
of time 20
`Extension
`137X.(1) The Governor in Council may, by gazette notice, fix as a 21
referendum day a day that is later than the day previously fixed by the 22
returning officer or the Governor in Council as the referendum day. 23
`(2) However, the day fixed by the Governor in Council must be before 24
25 August 1996. 25
`(3) If a gazette notice is published under subsection (1), the returning 26
officer must publish a notice giving necessary directions to affected electors 27
about the procedures to be followed. 28
`(4) The returning officer's notice must be published in a newspaper 29
circulating generally in-- 30
(a) for the referendum for the affected area--the affected area; or 31
s3 28 s3
Local Government Amendment
(b) for a referendum for the area's amalgamated area--the 1
amalgamated area. 2
rolls 3
`Voters
`137Y.(1) As soon as practicable after the referendum roll cut-off day, 4
the returning officer must compile a voters roll for each voting area of the 5
affected area. 6
`(2) The voters roll must consist of persons who, on the referendum roll 7
cut-off day, are electors under the Electoral Act 1992 and are enrolled on an 8
electoral roll for an electoral district, or part of an electoral district, included 9
in the voting area. 10
`(3) If there is also to be a referendum for the area's amalgamated area, 11
then, as soon as practicable after the referendum roll cut-off day, the 12
returning officer must also compile a voters roll for the amalgamated area. 13
`(4) The voters roll must consist of persons who, on the referendum roll 14
cut-off day, are electors under the Electoral Act 1992 and are enrolled on an 15
electoral roll for an electoral district, or part of an electoral district, included 16
in the amalgamated area. 17
`(5) A voters roll-- 18
(a) must be in the form of the electoral roll used for elections of the 19
Legislative Assembly; and 20
(b) must not include an elector's address that, under the Electoral Act 21
1992, is excluded from the publicly available part of an electoral 22
roll. 23
document for Cairns 24
`Single
`137Z.(1) The voters rolls for the 2 voting areas of the affected Cairns 25
area, and for the amalgamated Cairns area, may be compiled as a single 26
document. 27
`(2) The document must consist of the following 2 segments-- 28
· segment 1--the electors enrolled for the part of the City of Cairns 29
that, immediately before the changeover day for the affected 30
Cairns area, was the then local government area of the City of 31
s3 29 s3
Local Government Amendment
Cairns 1
· segment 2--the electors enrolled for the part of the City of Cairns 2
that, immediately before the changeover day, was the then local 3
government area of the Shire of Mulgrave or part of the local 4
government area of the Shire of Douglas or Shire of Mareeba. 5
`(3) An explanation at the front of the document must identify-- 6
(a) the voters roll for voting area 1 of the affected Cairns area as 7
comprising segment 1; and 8
(b) the voters roll for voting area 2 of the affected Cairns area as 9
comprising segment 2; and 10
(c) the voters roll for the amalgamated Cairns area as comprising 11
segments 1 and 2. 12
document for Gold Coast 13
`Single
`137ZA.(1) The voters rolls for the 2 voting areas of the affected Gold 14
Coast area, and for the amalgamated Gold Coast area, may be compiled as a 15
single document. 16
`(2) The document must consist of the following 3 segments-- 17
· segment 1--the electors enrolled for the part of the City of Gold 18
Coast that, immediately before the changeover day for the 19
affected Gold Coast area, was the then local government area of 20
the City of Gold Coast 21
· segment 2--the electors enrolled for the part of the City of Gold 22
Coast that, immediately before the changeover day, was the then 23
local government area of the Shire of Albert or part of the local 24
government area of the Shire of Beaudesert 25
· segment 3--the electors enrolled for the part of the Shire of 26
Beaudesert that, immediately before the changeover day, was part 27
of the then local government area of the Shire of Albert. 28
`(3) An explanation at the front of the document must identify-- 29
(a) the voters roll for voting area 1 of the affected Gold Coast area as 30
comprising segment 1; and 31
(b) the voters roll for voting area 2 of the affected Gold Coast area as 32
s3 30 s3
Local Government Amendment
comprising segments 2 and 3; and 1
(c) the voters roll for the amalgamated Gold Coast area as 2
comprising segments 1 and 2. 3
document for Ipswich 4
`Single
`137ZB.(1) The voters rolls for the 2 voting areas of the affected Ipswich 5
area, and for the amalgamated Ipswich area, may be compiled as a single 6
document. 7
`(2) The document must consist of 5 segments, as follows-- 8
· segment 1--the electors enrolled for the part of the City of 9
Ipswich that, immediately before the changeover day for the 10
affected Ipswich area, was the then local government area of the 11
City of Ipswich 12
· segment 2--the electors enrolled for the part of the City of 13
Ipswich that, immediately before the changeover day, was part of 14
the then local government area of the Shire of Moreton or part of 15
the local government area of the City of Logan 16
· segment 3--the electors enrolled for the part of the City of 17
Brisbane that, immediately before the changeover day, was part 18
of the then local government area of the Shire of Moreton 19
· segment 4--the electors enrolled for the part of the City of Logan 20
that, immediately before the changeover day, was part of the then 21
local government area of the Shire of Moreton 22
· segment 5--the electors enrolled for the part of the Shire of Esk 23
that, immediately before the changeover day, was part of the then 24
local government area of the Shire of Moreton. 25
`(3) An explanation at the front of the document must identify-- 26
(a) the voters roll for voting area 1 of the affected Ipswich area as 27
comprising segment 1; and 28
(b) the voters roll for voting area 2 of the affected Ipswich area as 29
comprising segments 2 to 5; and 30
(c) the voters roll for the amalgamated Ipswich area as comprising 31
segments 1 and 2. 32
s3 31 s3
Local Government Amendment
roll to be open to inspection and purchase 1
`Voters
`137ZC.(1) A voters roll for a voting area of the affected area is open to 2
inspection at the public office of the returning officer for the referendum for 3
the affected area. 4
`(2) A voters roll for an amalgamated area is open to inspection at the 5
public office of the returning officer for the referendum for the 6
amalgamated area. 7
`(3) The returning officer must sell a copy of a voters roll to anyone who 8
asks to buy it. 9
`(4) The price of a voters roll must be no more than the cost of making a 10
copy of the roll and, if the copy is posted to the purchaser, the postage cost. 11
statement 12
`Explanatory
`137ZD.(1) The Minister must appoint a person (the "appointed 13
person") to prepare a statement (the "explanatory statement") about the 14
advantages and disadvantages of the referendum action for a referendum. 15
`(2) The explanatory statement must include-- 16
(a) for the referendum for the affected area--the appointed person's 17
estimate of the financial cost to local government of abolishing 18
the area's amalgamated area and-- 19
(i) if the area is the affected Cooloola, Mackay or Warwick 20
area--reinstating each of the area's abolished areas as a local 21
government area; or 22
(ii) if the area is the affected Burnett, Cairns, Gold Coast or 23
Ipswich area-- 24
(A) reinstating each of the area's abolished areas as a local 25
government area; and 26
(B) for the local government area of each of the area's 27
boundary affected local governments--reinstating the 28
external boundaries to the extent that they were changed 29
under the area's amalgamation regulation; and 30
(b) for a referendum for the affected area's amalgamated area--the 31
appointed person's estimate of the financial cost to local 32
s3 32 s3
Local Government Amendment
government of holding triennial elections in 1997 for the 1
amalgamated area; and 2
(c) for the referendum for the affected area or for a referendum for 3
the affected area's amalgamated area--a statement (the 4
"advantages and disadvantages statement") of the advantages 5
and disadvantages that, in the appointed person's opinion, should 6
be taken into account by an affected elector voting in the 7
referendum. 8
`(3) The advantages and disadvantages statement for the referendum for 9
the amalgamated area mentioned in subsection (2)(c) must also explain that 10
the answer to the question for the referendum has effect only if-- 11
(a) the affected area does not approve the question for the referendum 12
for the affected area; or 13
(b) the affected area approves the question for the referendum for the 14
affected area, but the Legislative Assembly does not, under this 15
part, pass a resolution for the making of a reinstatement 16
regulation for the affected area. 17
`(4) The advantages and disadvantages statement included in an 18
explanatory statement should not be more than 2 000 words. 19
`(5) The Minister may give directions to the appointed person about the 20
format in which the explanatory statement is to be presented. 21
`(6) As soon as practicable after making an appointment under 22
subsection (1), the Minister must, by gazette notice, advise of the 23
appointment. 24
provisions 25
`Appointment
`137ZE.(1) An appointed person is entitled to receive-- 26
(a) reasonable remuneration for preparing an explanatory statement; 27
and 28
(b) reimbursement of expenses reasonably incurred in preparing the 29
statement. 30
`(2) The Minister may enter into an agreement with the appointed person 31
about the preparation of the explanatory statement. 32
s3 33 s3
Local Government Amendment
`(3) Without limiting subsection (2), the agreement may include 1
provision for the following-- 2
(a) subject to subsection (1), the person's remuneration and expenses 3
reimbursement; 4
(b) the nature and extent of anything to be done by the department to 5
help the person to prepare the explanatory statement; 6
(c) time constraints to apply for the completion of the explanatory 7
statement. 8
person may request information from local government 9
`Appointed
`137ZF.(1) An appointed person may, by written notice, request a local 10
government to give the appointed person, in writing, information the 11
appointed person reasonably needs from the local government for the 12
preparation of an explanatory statement. 13
`(2) The request must specify a reasonable time within which the 14
information must be given to the appointed person. 15
`(3) The local government must comply with the request. 16
of and decisions about explanatory statement 17
`Justiciability
`137ZG.(1) An explanatory statement or a document appearing to be an 18
explanatory statement is not justiciable. 19
`(2) In addition, a decision of an appointed person made, or appearing to 20
be made, in preparing an explanatory statement, including a decision about 21
the content of the explanatory statement-- 22
(a) is final and conclusive; and 23
(b) cannot be challenged, appealed against, reviewed, quashed, set 24
aside, or called in question in another way, under the Judicial 25
Review Act 1991 (whether by the Supreme Court, another court, a 26
tribunal or another entity); and 27
(c) is not subject to any writ or order of the Supreme Court, another 28
court, a tribunal or another entity on any ground. 29
`(3) In subsection (2)-- 30
s3 34 s3
Local Government Amendment
"decision" includes-- 1
(a) conduct engaged in to make a decision; and 2
(b) conduct related to making the decision; and 3
(c) failure to make a decision. 4
arrangements statement for referendum for affected area or 5
`Electoral
amalgamated area 6
`137ZH.(1) For the referendum for the affected area, the commissioner 7
must prepare an assessment (the "electoral arrangements statement") of 8
the electoral arrangements the commissioner considers are likely to be put 9
in place under a reinstatement regulation for each local government area 10
created in reinstating an abolished area as a local government area if the 11
referendum action for the referendum is implemented. 12
`(2) If the local government area is likely to be divided into divisions, the 13
electoral arrangements statement must include an explanation of the 14
application of sections 232 and 23320 in preparing the likely divisional 15
boundaries. 16
`(3) For a referendum for an amalgamated area, the commissioner must 17
prepare an assessment (also an "electoral arrangements statement") of 18
the divisional boundary adjustments the commissioner considers are likely 19
to be put in place under an early elections regulation for the amalgamated 20
area if the referendum action for the referendum is implemented. 21
`(4) The electoral arrangements statement for the amalgamated area must 22
include an explanation of the application of sections 232 and 233 in 23
preparing the likely adjustments. 24
`(5) In preparing an electoral arrangements statement, the commissioner 25
is performing a function additional to the functions the commissioner has 26
for reviewable local government matters and referable local government 27
matters. 28
20 Sections 232 (Equitable division of local government areas) and 233 (Quota to
be complied with in division of local government area and assignment of
councillors)
s3 35 s3
Local Government Amendment
form electoral arrangements statements 1
`Short
`137ZI.(1) The returning officer for a referendum must prepare an 2
abbreviated form (a "short form electoral arrangements statement") of 3
an electoral arrangements statement prepared by the commissioner about-- 4
(a) a local government area (a "relevant reinstated area") that 5
would be created in reinstating an abolished area as a local 6
government area; or 7
(b) an amalgamated area. 8
`(2) The short form electoral arrangements statement for a relevant 9
reinstated area must include the following-- 10
(a) the likely composition of the area's local government; 11
(b) whether the area is likely to be divided into divisions; 12
(c) if the area is likely to be divided into divisions-- 13
(i) the number of divisions; and 14
(ii) the likely assignment of councillors to divisions; and 15
(iii) a brief explanation of the application of sections 232 and 16
23321 in preparing the likely divisional boundaries for the 17
area; 18
(d) information about where the full electoral arrangements statement 19
may be inspected. 20
`(3) The short form electoral arrangements statement for an amalgamated 21
area must include the following-- 22
(a) the current composition of the area's local government; 23
(b) the fact that the area is divided into divisions; 24
(c) the number of divisions and the assignment of councillors to 25
divisions; 26
(d) a brief explanation of the application of sections 232 and 233 in 27
preparing the likely adjustments to the divisional boundaries for 28
21 Sections 232 (Equitable division of local government areas) and 233 (Quota to
be complied with in division of local government area and assignment of
councillors)
s3 36 s3
Local Government Amendment
the area; 1
(e) information about where the full electoral arrangements statement 2
may be inspected. 3
`(4) If a relevant reinstated area's abolished area was not divided into 4
divisions-- 5
(a) the returning officer need not prepare a short form electoral 6
arrangements statement; and 7
(b) for a provision of this part requiring the returning officer to give a 8
short form electoral arrangements statement to a person--the 9
commissioner's electoral arrangements statement is taken to be 10
the short form electoral arrangements statement. 11
statements to affected electors 12
`Giving
`137ZJ.(1) The returning officer must-- 13
(a) for the referendum for the affected area-- 14
(i) give the explanatory statement for the referendum to each 15
affected elector on the voters roll for a voting area of the 16
affected area; and 17
(ii) if a short form electoral arrangements statement is relevant 18
to the part of the voting area for which an affected elector is 19
enrolled--give the statement to the affected elector; and 20
(b) for a referendum for the area's amalgamated area--give to each 21
affected elector on the voters roll for the amalgamated area the 22
explanatory statement and the short form electoral arrangements 23
statement for the referendum. 24
`(2) The statements must be given to the affected elector at a reasonable 25
time before the referendum day. 26
`(3) If a referendum is to be conducted by postal ballot for all or part of 27
the affected area or an amalgamated area, the explanatory statement and the 28
short form electoral arrangements statement may be given to an affected 29
elector when the elector is given the ballot paper for the referendum. 30
`(4) An explanatory statement or short form electoral arrangements 31
statement for a referendum is taken to have been given to an affected elector 32
s3 37 s3
Local Government Amendment
if it is posted to the affected elector at-- 1
(a) the address shown for the affected elector on the voters roll; or 2
(b) if the returning officer has been advised of an address that, on the 3
referendum roll cut-off day, was the affected elector's postal 4
address--that address. 5
`(5) An affected elector, other than an affected elector to whom the 6
returning officer has given an explanatory statement and short form 7
electoral arrangements statement, must be given a copy of each statement if 8
the elector asks for it. 9
`(6) The returning officer must display a copy of each explanatory 10
statement and electoral arrangements statement in a prominent place in-- 11
(a) the officer's public office; and 12
(b) other places the returning officer considers appropriate. 13
government views on referendum 14
`Local
`137ZK. The provisions of this division do not prevent a local 15
government that considers that it will be affected by the outcome of a 16
referendum from informing affected electors of its views about the 17
referendum question. 18
voting 19
`Compulsory
`137ZL.(1) Voting at the referendum for the affected area is compulsory, 20
and each affected elector for a voting area of the affected area is entitled to 21
only 1 vote. 22
`(2) Voting at a referendum for an amalgamated area is also compulsory, 23
and each affected elector for the amalgamated area is entitled to only 1 vote. 24
of referendum 25
`Conduct
`137ZM.(1) The provisions of chapter 5 (Local government elections), 26
part 6 (Conduct of elections) apply (with any necessary changes and any 27
additional changes specified in subsection (8) or changes prescribed under a 28
regulation) to the referendum for the affected area or a referendum for the 29
s3 38 s3
Local Government Amendment
area's amalgamated area as if the referendum were an election. 1
`(2) Without limiting subsection (1), the necessary changes mentioned in 2
subsection (1) include the non-application of provisions of chapter 5, part 6 3
to the extent that their application is inappropriate or unnecessary. 4
`(3) The application of provisions of chapter 5, part 6 is unnecessary to 5
the extent that the provisions have particular reference to candidates. 6
`(4) Without limiting subsections (2) and (3)-- 7
(a) chapter 5, part 6, divisions 3 (Candidates for election or 8
appointment) and 11 (Marking of ballot papers) have no 9
application at all; and 10
(b) neither does chapter 5, part 6, division 4 (Nominations of 11
candidates for election), mainly because of subsection (3), but 12
also because of certain other provisions of this part; and 13
(c) section 271(2)(d) to (f), (3) and (4) (Requirements of ballot 14
papers) does not apply to the ballot paper to be used for the 15
referendum; and 16
(d) section 272 (Separate ballot papers for separate polls) has no 17
application; and 18
(e) section 273 (Order of listing of candidates' names) has no 19
application; and 20
(f) in section 311(1) (Official counting of votes) and 312 (Treatment 21
of ballot paper to which objection is made), the reference to a 22
candidate, but not the reference to a scrutineer, may be ignored; 23
and 24
(g) sections 313 (Counting of votes for optional-preferential system) 25
and 314 (Counting of votes for first-past-the-post system) have 26
no application; and 27
(h) section 316(1)(b) (Declaration of poll) has no application; and 28
(i) section 318(2)(c)(i) (List of electors failing to vote) has no 29
application; and 30
(j) section 327(1)(b) (Bribery) has no application; and 31
(k) in section 349(2) (Injunctions to restrain contravention of 32
chapter), the reference to a candidate for election may be ignored, 33
s3 39 s3
Local Government Amendment
but not the reference to the returning officer. 1
`(5) Necessary changes also include the following changes having 2
general operation-- 3
(a) a reference to part 6 (of chapter 5) is a reference to that part as 4
applied under this section, and is also taken to include a reference 5
to the other provisions of this division; 6
(b) a reference to the returning officer is a reference to the returning 7
officer for the referendum; 8
(c) a reference to an elector is a reference to an affected elector for a 9
voting area or an amalgamated area in relation to the referendum; 10
(d) a reference to the voters roll is a reference to-- 11
(i) for the referendum for the affected area--the voters roll 12
compiled under this division for each voting area of the 13
affected area; and 14
(ii) for a referendum for the affected area's amalgamated 15
area--the voters roll for the amalgamated area compiled 16
under this division; 17
(e) a reference to the local government area, or a division of the local 18
government area, is, for a referendum for the affected area, a 19
reference to-- 20
(i) the affected area; or 21
(ii) a voting area of the affected area; 22
(f) a reference to the local government area is, for a referendum for 23
the affected area's amalgamated area, a reference to the 24
amalgamated area; 25
(g) a reference to the local government's public office is a reference 26
to the public office of the returning officer for the referendum; 27
(h) a reference to the poll for the election is a reference to the poll for 28
the referendum; 29
(i) a reference to polling day is a reference to the referendum day for 30
the referendum; 31
(j) a reference to the notice under section 257 (Procedure if number 32
s3 40 s3
Local Government Amendment
of candidates exceeds number required) is a reference to the 1
referendum notice for the referendum; 2
(k) a reference to the election period is a reference to the period-- 3
(i) starting on the day the referendum notice for the referendum 4
is first published; and 5
(ii) ending at 6 p.m. on the referendum day for the referendum. 6
`(6) Necessary changes also include the following changes having more 7
specific operation-- 8
(a) for applying section 267(6) (Declaration of mobile polling 9
booths), the returning officer for the referendum, instead of 10
advising candidates, must advise the persons and groups who 11
have appointed scrutineers for the referendum; 12
(b) for applying sections 282(10)(b) (Procedure for voting at polling 13
booth), 287(2)(c) (Help for electors in voting), 294(3)(c) (How 14
declaration vote may be cast at a polling booth) and 297 (Casting 15
a declaration vote by post), a reference to division 11 (Marking of 16
ballot papers) is a reference to the provisions of this division 17
about the marking of a ballot paper; 18
(c) for applying section 287(2)(a) (Help for electors in voting), a 19
reference to stating the names of candidates is a reference to 20
reading out the referendum question; 21
(d) for applying sections 293(6) and 295(4) (Distribution of ballot 22
papers to electors for postal ballot election), the addressing and 23
identification of the envelope must be in the way decided by the 24
returning officer for the referendum; 25
(e) for applying sections 308(1)(c)(ii) and (iii) (Preliminary counting 26
by presiding officer) and 311(3)(b) and (4)(c) (Official counting 27
of votes), the returning officer for the referendum must-- 28
(i) count the number of votes approving the referendum 29
question marked on all formal ballot papers, and keep the 30
ballot papers in a separate parcel; and 31
(ii) count the number of votes opposing the referendum 32
question marked on all formal ballot papers, and keep the 33
ballot papers in a separate parcel; 34
s3 41 s3
Local Government Amendment
(f) for applying section 308(1)(d)(i) (Preliminary counting by 1
presiding officer), the written statement must set out, in words 2
and numerals, the number of votes approving the referendum 3
question and the number of votes opposing the referendum 4
question; 5
(g) for applying section 310(1) (Procedure for processing declaration 6
envelopes), the returning officer for the referendum, instead of 7
advising candidates, must advise the persons and groups who 8
have appointed scrutineers for the referendum; 9
(h) for applying section 311(2) (Official counting of votes), the 10
returning officer for the referendum must ascertain the number of 11
votes approving the referendum question and the number of votes 12
opposing the referendum question; 13
(i) for applying section 311(3) and (4) (Official counting of votes), 14
the returning officer for the referendum must count the number of 15
votes approving the referendum question and the number of votes 16
opposing the referendum question; 17
(j) for applying section 311(5) (Official counting of votes), the 18
returning officer for the referendum must add together the 19
number of votes counted as approving the referendum question 20
and the number of votes counted as opposing the referendum 21
question; 22
(k) for applying section 312(2) (Treatment of ballot paper to which 23
objection is made), the reference to a vote for a particular 24
candidate is a reference to whether the vote is a vote approving or 25
opposing the referendum question, and the reference to the name 26
of the candidate for whom a vote is counted is a reference to 27
whether the vote is counted as a vote approving or opposing the 28
referendum question; 29
(l) for applying section 317 (Notice of final result of poll), the 30
reference to each candidate is a reference to the Minister; 31
(m) the result the returning officer must give under section 317 32
(Notice of final result of poll) as applied under this division is-- 33
(i) for the referendum for the affected area-- 34
(A) for each voting area of the affected area--how the 35
s3 42 s3
Local Government Amendment
voting area voted on the referendum question, including 1
whether the voting area has approved the referendum 2
question; and 3
(B) for the affected area--whether the area has approved 4
the referendum question; and 5
(ii) for a referendum for an amalgamated area--how the area 6
voted on the referendum question, including whether the 7
area has approved the referendum question; 8
(n) for applying sections 318(2)(b) (List of electors failing to vote), 9
319 (Notice to elector failing to vote) and 320 (Recording 10
response to notice), the reference to the local government is a 11
reference to-- 12
(i) for a referendum for an affected area--the local government 13
(which may include the Brisbane City Council) for the local 14
government area, or part of a local government area, for 15
which a person listed as having failed to vote is enrolled; or 16
(ii) for a referendum for an amalgamated area--the local 17
government for the amalgamated area; 18
(o) for applying section 321 (Evidentiary value of list under s 318), 19
the reference to the local government's chief executive officer is a 20
reference to the returning officer for the referendum; 21
(p) for applying sections 322 (Disposal of material resulting from 22
election) and 323 (Ballot papers as evidence), a reference to the 23
local government's chief executive officer is a reference to the 24
chief executive, but section 322(4) has no application at all; 25
(q) for applying section 327(1)(c) (Bribery), the reference to support 26
of, or opposition to, a candidate or a political party is a reference 27
to approval of, or opposition to, a referendum question; 28
(r) sections 333 (No record to be made of vote cast) and 346 (Breach 29
of confidentiality of vote) are about how a person votes at the 30
referendum, rather than the candidate for whom a person votes; 31
(s) for applying section 349 (Injunctions to restrain contravention of 32
chapter), the reference in section 349(1)(b) to chapter 5 is a 33
reference to chapter 5, part 6 as applied under this division, and is 34
also taken to include a reference to the other provisions of this 35
s3 43 s3
Local Government Amendment
division. 1
`(7) To avoid any doubt, sections 304 (Posted vote presumed valid until 2
contrary proved) and 305 (Formal and informal ballot papers) have 3
application. 4
`(8) The following additional changes are specified-- 5
(a) for applying sections 293(6) (Distribution of ballot papers to 6
electors who may or must cast declaration vote), 295(4) 7
(Distribution of ballot papers to electors for postal ballot election) 8
and 297(1)(d) (Casting a declaration vote by post)-- 9
(i) a reply paid envelope, rather than a prepaid post envelope, is 10
to be used; and 11
(ii) the things mentioned in section 293(6) and 295(4) are to 12
include the instructions mentioned in section 297(1)(a) to 13
(d); 14
(b) for applying section 298(1) (Declaration voting before polling 15
day), the returning officer for the referendum may declare as a 16
polling booth not only the returning officer's public office but 17
also any other place the returning officer considers to be suitable 18
for use for voting before referendum day; 19
(c) for applying section 309(1) (Preliminary processing of 20
declaration votes by returning officer), the returning officer need 21
not wait until after 8 a.m. on the referendum day to start the 22
preliminary processing of declaration votes under that section, but 23
may start at any time before the referendum day; 24
(d) for applying section 349 (Injunctions to restrain contravention of 25
chapter), an application to the Supreme Court may additionally be 26
made by-- 27
(i) a local government; or 28
(ii) an individual or group of individuals reasonably identified in 29
the community, in the court's opinion, as supporting or 30
opposing the referendum question. 31
`(9) Subsections (2) to (8) do not limit by implication the changes that 32
may be prescribed under a regulation. 33
s3 44 s3
Local Government Amendment
3--Alternative provisions 1
`Subdivision
2
`Preliminary
`137ZN. A provision of chapter 5, part 6 has no application to the extent 3
it is inconsistent with the alternative provisions in this subdivision. 4
that poll be conducted by postal ballot 5
`Direction
`137ZO.(1) The Governor in Council may, by gazette notice, direct that 6
the poll for the referendum for the affected area or a referendum for an 7
amalgamated area be conducted by postal ballot. 8
`(2) The direction may be given for-- 9
(a) all of the affected or amalgamated area; or 10
(b) a part of the affected or amalgamated area marked on a map. 11
`(3) The map is open to inspection at the place stated in the gazette notice. 12
papers 13
`Ballot
`137ZP.(1) For the referendum for the affected area, a different coloured 14
ballot paper must be used for each voting area of the affected area. 15
`(2) If under this part there is to be a referendum for the area's 16
amalgamated area, an affected elector must be given a single ballot paper for 17
voting in the polls for both the referendums. 18
`(3) If a ballot paper mentioned in subsection (2), as completed for one 19
referendum is informal, but as completed for the other referendum is 20
formal, the informal part must be rejected and the formal part must be 21
counted under chapter 5, part 6, division 14,22 as applied under this part. 22
of voting 23
`Mode
`137ZQ.(1) If an affected elector wishes to vote to approve a referendum 24
question, the elector must place a tick in the square opposite the word 25
22 Chapter 5 (Local government elections), part 6 (Conduct of elections),
division 14 (Counting of votes)
s3 45 s3
Local Government Amendment
`YES' on the ballot paper. 1
`(2) If an affected elector wishes to vote to oppose a referendum 2
question, the elector must place a tick in the square opposite the word `NO' 3
on the ballot paper. 4
`(3) An affected elector is taken to have marked a ballot paper in the way 5
mentioned in subsection (1) if the elector-- 6
(a) writes the word `YES' in the square opposite the word `YES' on 7
the ballot paper; or 8
(b) otherwise marks the ballot paper in a way clearly showing that the 9
voter approves of the referendum question. 10
`(4) An affected elector is taken to have marked a ballot paper in the way 11
mentioned in subsection (2) if the elector-- 12
(a) writes the word `NO' in the square opposite the word `NO' on 13
the ballot paper; or 14
(b) otherwise marks the ballot paper in a way clearly showing that the 15
voter opposes the referendum question. 16
`(5) For the application of section 271(2)(a),23 the approved form of 17
ballot paper must allow for the method of voting stated in this section. 18
of ballot paper 19
`Effect
`137ZR. For a ballot paper to have effect as a vote of an affected elector 20
in the referendum-- 21
(a) the ballot paper must be completed in the way stated in this 22
subdivision; and 23
(b) the ballot paper must not contain any writing or mark (other than 24
a mark authorised under this division) by which the elector can, in 25
the returning officer's opinion, be identified; and 26
(c) the ballot paper must have been put in a ballot box; and 27
(d) for a ballot paper put in a declaration envelope as required under 28
23 Section 271(2)(a) (Requirements of ballot papers)
s3 46 s3
Local Government Amendment
section 29724 as applied under this division-- 1
(i) section 297(1) must have been complied with; and 2
(ii) if the elector is an affected elector mentioned in section 28925 3
as applied under this division, or an applicant who is given 4
an approved declaration form under section 293(4)26 as 5
applied under this division, or an affected elector who, under 6
section 295(2)27 as applied under this division, and is given 7
an approved declaration form, and the declaration on the 8
envelope is witnessed by a person other than an issuing 9
officer--the signature of the person making the declaration 10
must correspond to the signature of the relevant applicant 11
under section 293 as applied under this division, or the 12
relevant affected elector under section 295 as applied under 13
this division; and 14
(iii) if the declaration envelope is posted to the returning officer 15
for the referendum--it must be received by the returning 16
officer within 10 days after the referendum day. 17
18
`Scrutineers
`137ZS.(1) For the appointment of scrutineers for a referendum, a 19
reference in section 276, 277 or 27928 to a candidate for election is a 20
reference to 1 or more of the following-- 21
(a) an individual or group of individuals reasonably identified in the 22
community, in the returning officer's opinion, as supporting or 23
opposing the referendum question; 24
(b) the local government for the affected area's amalgamated area; 25
24 Section 297 (Casting a declaration vote by post)
25 Section 289 (Who may cast a declaration vote)
26 Section 293 (Distribution of ballot papers to electors who may or must cast
declaration vote)
27 Section 295 (Distribution of ballot papers to electors for postal ballot election)
28 Section 276 (Candidates' entitlement to scrutineers), 277 (Appointment of
scrutineers) or 279 (Powers of scrutineers)
s3 47 s3
Local Government Amendment
(c) a boundary affected local government for the affected area. 1
`(2) An individual mentioned in subsection (1)(a) may appoint himself 2
or herself as a scrutineer, and a group of individuals mentioned in 3
subsection (1)(a) may appoint 1 or more of the group as a scrutineer or as 4
scrutineers. 5
`(3) For appointing a scrutineer for a group, the appointment may be 6
made on the group's behalf by any of its members. 7
`(4) The returning officer may reject an appointment if the returning 8
officer reasonably believes that if more scrutineers are appointed, the 9
efficiency of the conduct of the referendum may be adversely affected. 10
`(5) The returning officer may direct 1 or more scrutineers to leave a 11
place if the returning officer reasonably believes that the number of 12
scrutineers at the place may adversely affect the efficiency of the conduct of 13
the referendum. 14
`(6) A scrutineer must comply with a direction given under 15
subsection (5). 16
Maximum penalty for subsection (6)--10 penalty units. 17
envelope tear-offs 18
`Declaration
`137ZT.(1) In approving a form of declaration envelope, the chief 19
executive must approve that the declaration be attached to the envelope in a 20
way that allows the declaration to be torn off the envelope. 21
`(2) The application of chapter 5, part 6, division 1429 to a referendum is 22
varied to the extent necessary for subsections (3) to (6) to have effect. 23
`(3) Instead of opening a declaration envelope and putting the ballot paper 24
in a ballot box in the way mentioned in section 310,30 the returning officer 25
must tear off the declaration and put the unopened envelope in the ballot 26
box. 27
`(4) After 8 a.m. on referendum day, the returning officer may open 28
ballot boxes containing envelopes dealt with under subsection (3). 29
29 Chapter 5 (Local government elections), part 6 (Conduct of elections), division
14 (Counting of votes)
30 Section 310 (Procedure for processing declaration envelopes)
s3 48 s3
Local Government Amendment
`(5) If the returning officer acts under subsection (4), the officer must 1
take from each envelope the ballot paper without unfolding it, or allowing 2
anyone else to unfold it, put it in a sealed ballot box, and keep it there until it 3
is dealt with in the official counting of votes. 4
`(6) The returning officer must inform the persons who have appointed 5
scrutineers for the referendum of the times when, and the places where, 6
envelopes will be dealt with under subsections (4) and (5). 7
`Division 5--Implementing referendum action for affected area 8
of division 9
`Application
`137ZU. This division applies if-- 10
(a) the Minister is notified of the result of a referendum for an 11
affected area; and 12
(b) the affected area has approved the question for the referendum. 13
to Legislative Assembly for resolution 14
`Reference
`137ZV.(1) The Minister must table the result of the referendum in the 15
Legislative Assembly within 7 sitting days after the Minister is notified of 16
the result. 17
`(2) Within 7 sitting days after the Minister tables the result of the 18
referendum, the Legislative Assembly may resolve that the Governor in 19
Council be asked to make a regulation (a "reinstatement regulation") for 20
the affected area implementing the referendum action for the referendum. 21
`(3) However, if, within 7 sitting days of the Minister tabling the result of 22
the referendum, the Legislative Assembly does not resolve in the way 23
mentioned in subsection (2), the referendum action must not be 24
implemented under this part. 25
regulation 26
`Reinstatement
`137ZW.(1) This section applies if the Legislative Assembly resolves 27
that the Governor in Council be asked to make a reinstatement regulation 28
for the affected area. 29
s3 49 s3
Local Government Amendment
`(2) The Governor in Council may make the reinstatement regulation. 1
`(3) The reinstatement regulation may include provisions for the 2
following-- 3
(a) abolishing the area's amalgamated area; 4
(b) reinstating each abolished area for the affected area by creating a 5
new local government area (the "reinstated area") with the 6
name and area the abolished area had immediately before the 7
changeover day for the affected area; 8
(c) for the local government area of each boundary affected local 9
government--reinstating the external boundaries that were 10
changed under the affected area's amalgamation regulation; 11
(d) putting in place the electoral arrangements to apply for each 12
reinstated area and for the local government area of each 13
boundary affected local government (other than the Brisbane City 14
Council); 15
(e) holding fresh elections for councillors for each reinstated area at 16
the time of the triennial elections in 1997, including provisions 17
about how local governments for the reinstated areas are to share 18
the cost of conducting the fresh elections; 19
(f) dividing up assets and liabilities of the local government for the 20
amalgamated area and each boundary affected local government, 21
including, for example-- 22
(i) in the way provided in the reinstatement regulation; and 23
(ii) if considered appropriate--through the appointment by the 24
Minister or local governments of transitional committees 25
with power to advise about the division of assets and 26
liabilities; 27
(g) the day the reinstated areas come into existence; 28
(h) the appointment by the Minister of a person (the "transition 29
officer") to give directions to the local government for the 30
amalgamated area, the local governments for the reinstated areas, 31
and each boundary affected local government, necessary and 32
appropriate for the purpose of an efficient and effective transition 33
under the regulation; 34
s3 50 s3
Local Government Amendment
(i) compliance by local governments with directions mentioned in 1
paragraph (h); 2
(j) disposing of a reference of a reviewable local government matter, 3
including a reference under section 235, 31 if the reference has not 4
been the subject of a regulation under chapter 3, part 1;32 5
(k) amending or repealing the affected area's amalgamation 6
regulation. 7
`(4) If provisions mentioned in subsection (3)(h) and (i) are included in 8
the reinstatement regulation, the provisions must include a process under 9
which-- 10
(a) a local government may refer to the Minister a dispute between it 11
and the transition officer about a direction given or proposed to be 12
given by the officer; and 13
(b) the Minister may give a direction confirming, supplementing or 14
changing a direction given or to be given by the officer. 15
`(5) The reinstatement regulation may provide for all matters that may be 16
provided for in a regulation implementing a reviewable local government 17
matter. 18
of assets and liabilities 19
`Division
`137ZX.(1) The Minister may ask the commissioner for information or 20
advice about the division of assets and liabilities of the affected area's 21
amalgamated area and each boundary affected local government. 22
`(2) In providing the information or advice, the commissioner is 23
performing a function additional to the functions the commissioner has for 24
reviewable local government matters and referable local government 25
matters. 26
31 Section 235 (Matter of area's division referred to commissioner)
32 Chapter 3 (Interaction with the State), part 1 (Review of local government
matters)
s3 51 s3
Local Government Amendment
arrangements for reinstated area 1
`Electoral
`137ZY.(1) This section gives more detail about the way a reinstatement 2
regulation for an affected area must provide for electoral arrangements for a 3
reinstated area. 4
`(2) The electoral arrangements must be the arrangements that, in 5
substance, applied for the reinstated area's abolished area immediately 6
before the changeover day for the affected area. 7
`(3) However, if immediately before the changeover day for the affected 8
area the abolished area was divided into divisions, the regulation must 9
provide for an adjustment of the boundaries of divisions of the reinstated 10
area to the extent necessary to make the division of the area consistent with 11
the basis specified in sections 232 and 233.33 12
`(4) The adjustment mentioned in subsection (3) must be based on 13
electoral roll information available on the referendum roll cut-off day. 14
`(5) Before the regulation is made, the Minister must ask the 15
commissioner for information or advice about the adjustment. 16
`(6) In providing the information or advice, the commissioner is 17
performing a function additional to the functions the commissioner has for 18
reviewable local government matters and referable local government 19
matters. 20
arrangements for area of boundary affected local 21
`Electoral
government 22
`137ZZ.(1) This section applies if the reinstatement regulation for the 23
affected area is to put in place electoral arrangements for the local 24
government area of a boundary affected local government. 25
`(2) Before the electoral arrangements are included in the regulation, the 26
Minister must invite the local government to submit to the Minister, within 27
a reasonable time specified by the Minister, a proposal about the electoral 28
arrangements that should apply for the local government's area when the 29
external boundaries of the area are reinstated under the regulation. 30
33 Sections 232 (Equitable division of local government areas) and 233 (Quota to
be complied with in division of local government area and assignment of
councillors)
s3 52 s3
Local Government Amendment
`(3) If the local government submits a proposal, the Minister must refer 1
it to the commissioner. 2
`(4) The Minister may also refer to the commissioner any other issues 3
about the electoral arrangements. 4
`(5) The commissioner must give the Minister recommendations about 5
the electoral arrangements that should apply for the local government. 6
`(6) If the commissioner gives a recommendation to the Minister about 7
proposed boundaries for divisions of the local government area and for the 8
assignment of councillors to the divisions, the commissioner must ensure 9
that the recommended divisions and assignment-- 10
(a) would be consistent with the basis specified in sections 232 and 11
233;34 and 12
(b) is based on electoral roll information available as near as 13
practicable to when the recommendation is given. 14
`(7) The regulation may be made despite anything in this Act about 15
implementing reviewable local government matters. 16
`(8) In giving the Minister recommendations, the commissioner is 17
performing a function additional to the functions the commissioner has for 18
reviewable local government matters and referable local government 19
matters. 20
6--Implementing referendum action for amalgamated area 21
`Division
of division 22
`Application
`137ZZA.(1) This division applies if-- 23
(a) the Minister is notified of the result of a referendum for an 24
amalgamated area; and 25
(b) the area has approved the question under the referendum. 26
`(2) However, this division does not apply if-- 27
34 Sections 232 (Equitable division of local government areas) and 233 (Quota to
be complied with in division of local government area and assignment of
councillors)
s3 53 s3
Local Government Amendment
(a) the area's affected area approves the referendum question for the 1
referendum for the affected area; and 2
(b) within 7 sitting days of the Minister tabling the result of the 3
affected area referendum in the Legislative Assembly, the 4
Legislative Assembly resolves that the Governor in Council be 5
asked to make a reinstatement regulation for the affected area. 6
elections regulation 7
`Early
`137ZZB.(1) The Governor in Council may make a regulation 8
implementing the referendum action for the referendum for the 9
amalgamated area. 10
`(2) The regulation may amend the amalgamated area's amalgamation 11
regulation, and may include provisions for-- 12
(a) revoking the cancellation of the 1997 triennial elections for the 13
councillors of the local government of the amalgamated area; and 14
(b) requiring triennial elections for the councillors of the local 15
government of the area to be held in 1997; and 16
(c) clarifying that the term of office of a person who was elected as a 17
councillor of the local government for the area at the fresh 18
elections held on 11 March 1995 ends at the conclusion of the 19
triennial elections to be held in 1997; and 20
(d) the adjustment of the boundaries of divisions of the area to the 21
extent necessary to make the division of the area consistent with 22
the basis specified in sections 232 and 233.35 23
`(3) The adjustment mentioned in subsection (2)(d) must be based on 24
electoral roll information available as near as practicable to when the 25
regulation is made. 26
`(4) Before the regulation is made, the Minister must ask the 27
commissioner for information or advice about the adjustment. 28
`(5) In providing information or advice, the commissioner is performing 29
35 Sections 232 (Equitable division of local government areas) and 233 (Quota to
be complied with in division of local government area and assignment of
councillors)
s3 54 s3
Local Government Amendment
a function additional to the functions the commissioner has for reviewable 1
local government matters and referable local government matters. 2
`Division 7--Costs 3
directions about costs 4
`Minister's
`137ZZC.(1) The Minister may give directions-- 5
(a) to a local government about meeting the costs of implementing 6
this part (including implementing a regulation made under this 7
part); and 8
(b) to an entity about how the entity must account to a local 9
government for costs incurred by the entity that are payable by the 10
local government. 11
`(2) The Minister may also give directions about how costs that are to be 12
met by more than 1 local government are to be shared between them. 13
`(3) If the Minister directs that a local government pay an amount to an 14
entity, the amount is a debt owed to the entity by the local government. 15
`(4) In deciding what directions should be given under subsection (1), the 16
Minister must apply the following principles-- 17
(a) the costs incurred in notifying the approved form of petition page 18
for an affected area and supplying petition pages, and in receiving, 19
collating and checking petition pages for a petition for the area, 20
should be met by the local government for the area's 21
amalgamated area; 22
(b) the costs incurred in giving public notice in an affected area about 23
the referendum roll cut-off day should be met by the local 24
government for the area's amalgamated area; 25
(c) the remuneration and expenses reimbursement paid to an 26
appointed person for preparing an explanatory statement for a 27
referendum for an affected area or its amalgamated area, and the 28
costs of providing departmental assistance to the appointed 29
person, should be met by the local government for the 30
amalgamated area; 31
s3 55 s3
Local Government Amendment
(d) the costs of preparing the electoral arrangements statement for a 1
referendum for an affected area or its amalgamated area should be 2
met by the local government for the amalgamated area; 3
(e) a local government should meet the costs of complying with a 4
regulation implementing referendum action under a referendum. 5
`(5) The costs mentioned in subsection (4)(b) include costs incurred by 6
the Minister before the commencement. 7
`(6) If a direction that could have been given to the local government for 8
an amalgamated area is not given to the local government before the area is 9
abolished, the direction may be given to the local governments for the 10
reinstated areas. 11
costs 12
`Referendum
`137ZZD.(1) The local government for an affected area's amalgamated 13
area must pay for the cost of conducting a referendum for the affected area 14
or amalgamated area, including the fees and allowances to which the 15
returning officer and assistant returning officer for the referendum are 16
entitled. 17
`(2) An amount required for the cost may, without resolution of the local 18
government for the amalgamated area, be spent by the local government 19
whether or not the disbursement is provided for in its budget. 20
`(3) An amount may be paid only if the returning officer for the 21
referendum has presented an account to the local government's chief 22
executive officer. 23
of appointment as transition officer 24
`Conditions
`137ZZE.(1) A transition officer appointed under a reinstatement 25
regulation for an affected area is entitled to the fees, allowances and 26
expenses decided by the Minister. 27
`(2) The fees, allowances and expenses are payable by-- 28
(a) until the affected area's abolished areas are reinstated--the local 29
government for the affected area's amalgamated area; and 30
(b) after the affected area's abolished areas are reinstated--the local 31
s3 56 s3
Local Government Amendment
governments for the reinstated areas, and the affected area's 1
boundary affected local governments, in the proportions 2
prescribed under the reinstatement regulation. 3
`Division 8--Miscellaneous 4
of voters roll 5
`Proof
`137ZZF. In a proceeding, a document purporting to be a copy of the 6
voters roll for a voting area of an affected area, or for an amalgamated area, 7
and to be certified by the returning officer for a referendum for the affected 8
area or amalgamated area, is evidence of the roll and the matters contained 9
in the roll. 10
regulation making power 11
`Additional
`137ZZG.(1) The Governor in Council may make regulations for this 12
part. 13
`(2) Without limiting subsection (1), a regulation may-- 14
(a) make further changes to the way chapter 5, part 6 is applied to 15
referendums, including changes in the way this part provides for 16
the application of chapter 5, part 6; or 17
(b) despite any other provision of this part, provide for the 18
referendum day for a referendum to be later than the day that 19
would otherwise apply; or 20
(c) make provision about a matter for which this Act does not make 21
provision or enough provision. 22
`(3) A regulation made under this section may be given retrospective 23
effect to a day not earlier than 20 March 1996. 24
impact statements 25
`Regulatory
`137ZZH. A regulatory impact statement under the Statutory 26
Instruments Act 1992 need not be prepared for a regulation made under this 27
part. 28
s3 57 s3
Local Government Amendment
of pt 2A 1
`Expiry
`137ZZI. This part, other than divisions 5 to 8, expires on 1 July 1997.'. 2
3
© State of Queensland 1996
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