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TASMANIA
__________
LOCAL GOVERNMENT (MISCELLANEOUS
AMENDMENTS) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - BUILDING ACT 2000 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Sections 167A and 167B inserted
167A. Dilapidated building report
167B. Dilapidated building notice
6. Section 173A inserted
173A. Building order relating to dilapidated building
7. Section 200 amended (Amendment or revocation of building
order)
PART 3 - LOCAL GOVERNMENT ACT 1993 AMENDED
8. Principal Act
9. Section 3 amended (Interpretation)
10. Section 32 amended (Approval and certification of rules)
11. Section 47 amended (Resignations)
12. Section 48 amended (Declaration of interest by councillor)
13. Section 48A amended (Declaration of interest by member)
[Bill 59]-XI
14. Section 54 amended (Register of interests of councillors)
15. Section 132 amended (Certificate of liabilities)
16. Section 137 amended (Sale of land for unpaid rates)
17. Section 153 amended (Publication of by-laws)
18. Section 154 amended (Repeal and amendment of by-laws)
19. Section 155 amended (Expiry of by-laws)
20. Section 156A amended (Regulatory impact statement)
21. Section 157 amended (Notice of proposed by-law)
22. Section 158 amended (Proposed by-laws open to inspection and
may be purchased)
23. Section 159 amended (Submissions in respect of proposed by-
law)
24. Section 160 amended (Alterations to proposed by-law)
25. Section 163 amended (Commencement of by-law)
26. Section 164 amended (By-law to Director)
27. Section 165 amended (Title and numbering of by-laws)
28. Section 166 amended (Copies of by-laws)
29. Sections 170A and 170B inserted
170A. Regulatory impact statement in respect of model by-
law
170B. Consultation in respect of model by-laws
30. Section 171 amended (Making of model by-laws)
31. Section 172 amended (Council may adopt model by-laws)
32. Section 174 amended (Repeal of model by-law)
33. Section 200 amended (Abatement notices)
34. Section 204A inserted
204A. Infringement notice for non-compliance with
abatement notice
35. Section 253 repealed
36. Section 254 substituted
254. Entitlement to be on list of electors and to vote in
election
37. Section 255 amended (Voting by corporations)
38. Section 257 amended (Electoral enrolment form)
2
39. Section 258 amended (Electoral roll)
40. Section 259 amended (Inspection of electoral roll)
41. Section 261 amended (List of electors)
42. Section 261A inserted
261A. Inspection of list of electors
43. Section 262 amended (Reviews)
44. Section 270 amended (Eligibility for nomination as councillor)
45. Section 271 amended (Notice of nominations)
46. Section 272 amended (Acceptance or rejection of nomination)
47. Section 278 amended (Electoral advertising)
48. Section 284 amended (Ballot material)
49. Section 286 amended (Supplementary issue of ballot material)
50. Section 286A inserted
286A. When ballot paper sent as supplementary election
material may be accepted
51. Section 296 inserted
296. Procedures for voting by persons outside Tasmania
52. Section 305 amended (Recount of votes)
53. Section 306 amended (Keeping of electoral material)
54. Section 307 amended (Casual vacancies)
55. Section 308 amended (By-elections)
56. Section 310 amended (Adjournment of poll)
57. Section 341 amended (Immunity from liability)
PART 4 - LOCAL GOVERNMENT ACT 1993 FURTHER AMENDED
58. Principal Act
59. Section 66 amended (Strategic plan)
60. Section 68 amended (Proposed strategic plan)
61. Section 69 amended (Public inspection of strategic plan)
62. Sections 70, 70A, 70B, 70C, 70D, 70E and 70F inserted
70. Long-term financial management plans
70A. Financial management strategies
70B. Long-term strategic asset management plans
70C. Asset management policies
3
70D. Asset management strategies
70E. Review of plans, strategies and policies
70F. Orders determining minimum contents of plans, &c.,
and classes of assets
63. Section 84 amended (Financial statements)
64. Part 8, Division 4 inserted
Division 4 - Audit panels
85. Audit panels
85A. Functions of audit panels
85B. Orders in relation to audit panels
PART 5 - CONCLUDING PROVISION
65. Repeal of Act
4
LOCAL GOVERNMENT (MISCELLANEOUS
AMENDMENTS) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
26 September 2013
(Brought in by the Minister for Local Government, the
Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Local Government Act 1993 and the
Building Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Local Government
(Miscellaneous Amendments) Act 2013.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
[Bill 59] 5
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 2 Part 1 - Preliminary
(2) Part 4 commences on a day or days to be
proclaimed.
6
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Building Act 2000 Amended s. 3
PART 2 - BUILDING ACT 2000 AMENDED
3. Principal Act
In this Part, the Building Act 2000* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "section 170, 171 or 173"
from the definition of building order and
substituting "section 170, 171, 173 or
173A";
(b) by inserting the following definitions
after the definition of designer:
dilapidated building means a building
that, because of neglect, disrepair,
defacement or damage, is of an
appearance that is prejudicial to
the visual amenity of its
surroundings;
dilapidated building notice means a
notice referred to in
section 167B;
*No. 100 of 2000
7
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 5 Part 2 - Building Act 2000 Amended
dilapidated building report means a
report referred to in
section 167A;
5. Sections 167A and 167B inserted
After section 167 of the Principal Act, the
following sections are inserted in Division 2:
167A. Dilapidated building report
(1) If a general manager is of the opinion
that a building may be a dilapidated
building, the general manager -
(a) may inspect the building; and
(b) is to prepare a report on the
matter.
(2) A dilapidated building report is to state -
(a) whether or not the building is a
dilapidated building; and
(b) the building work, or other work,
that the general manager
considers is required in order for
the building to cease to be a
dilapidated building; and
(c) any other matter the general
manager is of the opinion is
relevant.
(3) A general manager may obtain from any
building practitioner, or other person the
8
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Building Act 2000 Amended s. 6
general manager thinks fit, a statement as
to any matter relating to a dilapidated
building report.
167B. Dilapidated building notice
(1) A general manager may issue a
dilapidated building notice to an owner
of a dilapidated building if a dilapidated
building report states that the building is
a dilapidated building.
(2) A dilapidated building notice issued to an
owner of a dilapidated building is to -
(a) require the owner to show cause,
in the manner and within the
period specified in the notice,
why the owner should not carry
out the building work, or other
work, specified in the dilapidated
building report; and
(b) be accompanied by a copy of the
dilapidated building report.
6. Section 173A inserted
After section 173 of the Principal Act, the
following section is inserted in Division 2:
173A. Building order relating to dilapidated
building
(1) A general manager is to serve a building
order relating to a dilapidated building on
an owner of the building if the general
9
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 7 Part 2 - Building Act 2000 Amended
manager does not revoke a dilapidated
building notice issued in relation to the
building.
(2) A building order relating to a dilapidated
building is to direct an owner of the
building to carry out the building work,
or other work, that the general manager
considers is required in order for the
building to cease to be a dilapidated
building.
(3) A building order under this section may
be -
(a) a separate building order; or
(b) combined with another building
order.
7. Section 200 amended (Amendment or revocation of
building order)
Section 200 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or a
dilapidated building notice," after
"upgrading notice,";
(b) by inserting in subsection (1) "or
dilapidated building notice" after
"original fire upgrading notice";
(c) by inserting in subsection (2)(b) "or
amended dilapidated building notice"
after "notice";
10
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Building Act 2000 Amended s. 7
(d) by inserting in subsection (2)(c) "or
dilapidated building notice" after
"notice".
11
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 8 Part 3 - Local Government Act 1993 Amended
PART 3 - LOCAL GOVERNMENT ACT 1993
AMENDED
8. Principal Act
In this Part, the Local Government Act 1993* is
referred to as the Principal Act.
9. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of Appeal Tribunal:
approved means approved by the
Tasmanian Electoral
Commission;
(b) by inserting the following definition after
the definition of authorised person:
ballot material means -
(a) a ballot paper; and
(b) instructions for the
completion of the ballot
paper and the manner in
which the ballot paper is
to be returned; and
*No. 95 of 1993
12
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 9
(c) the envelope or envelopes
to be used for the return
of the ballot paper; and
(d) statements of candidates;
(c) by inserting the following definition after
the definition of candidate:
closing day means the day referred to
in section 268A;
(d) by inserting the following definition after
the definition of councillor:
declaration of a poll means a
declaration under section 303;
(e) by inserting the following definition after
the definition of Director, MPES:
election agent means a person
authorised by the candidate to act
as his or her agent in connection
with the candidate's campaign for
election;
(f) by omitting "any advertising in respect of
a campaign for election by a candidate or
intending candidate by any of the
following means:" from the definition of
electoral advertising and substituting
"any advertising, by any of the following
means, that is directly or indirectly in
respect of a campaign for election by a
candidate or intending candidate:";
13
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 9 Part 3 - Local Government Act 1993 Amended
(g) by inserting the following definition after
the definition of electoral advertising:
electoral area means the municipal
area or electoral district in which
an election is to be held;
(h) by inserting the following definitions
after the definition of electoral district:
electoral material means -
(a) ballot papers; and
(b) declarations under
section 284;
electoral officer means a person
appointed as such under section
265;
electoral officer in charge means an
electoral officer appointed under
section 265(2) to be in charge of
an issuing place;
electoral roll means a roll kept under
section 258;
(i) by inserting "and, in Part 15, includes a
person nominated under section 253A"
after "section 61" in the definition of
general manager;
(j) by inserting the following definition after
the definition of intending candidate:
14
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 9
issuing place means a place appointed
under section 263;
(k) by inserting the following definition after
the definition of legal practitioner:
list of electors means the list prepared
under section 261;
(l) by inserting "and, in Part 15, includes a
proposed municipal area" after "section
16" in the definition of municipal area;
(m) by inserting the following definitions
after the definition of municipal area:
nomination period means the period
beginning at 9 a.m. on the 7th
Monday immediately before the
closing day and ending at noon
on the 5th Monday immediately
before the closing day;
notice of election means the notice of
election under section 269;
(n) by inserting the following definition after
the definition of partner:
polling period means a period of at
least 10 days, excluding any
Saturday, Sunday or statutory
holiday as defined in the
Statutory Holidays Act 2000,
ending on closing day;
15
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 10 Part 3 - Local Government Act 1993 Amended
(o) by inserting the following definition after
the definition of relevant period:
returning officer means a person
appointed as such under section
264;
(p) by inserting the following definitions
after the definition of review:
roll closure day means the day on
which the electoral roll for an
electoral area is closed under
section 260;
scrutineer means a person appointed
as such under section 292;
10. Section 32 amended (Approval and certification of
rules)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"approved rules" and substituting "rules
approved under subsection (1)";
(b) by omitting from subsection (4)(a)
"approved rules" and substituting "rules
approved under subsection (1)".
11. Section 47 amended (Resignations)
Section 47 of the Principal Act is amended by
omitting subsection (6).
16
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 12
12. Section 48 amended (Declaration of interest by
councillor)
Section 48 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "that the
councillor has" after "interest";
(b) by inserting in subsection (3) "that he or
she has" after "declaring";
(c) by inserting in subsection (4) "that the
councillor has" after "interest".
13. Section 48A amended (Declaration of interest by
member)
Section 48A of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "that he or
she has" after "interest";
(b) by inserting in subsection (3) "that he or
she has" after "interest";
(c) by inserting in subsection (4) "that he or
she has" after "interest";
(d) by inserting in subsection (5) "by the
member" after "declared".
17
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 14 Part 3 - Local Government Act 1993 Amended
14. Section 54 amended (Register of interests of
councillors)
Section 54(1) of the Principal Act is amended by
omitting "of councillors" and substituting ", of
councillors, of which the general manager has
been advised under section 48(4)".
15. Section 132 amended (Certificate of liabilities)
Section 132(4) of the Principal Act is amended
by omitting "the" first occurring.
16. Section 137 amended (Sale of land for unpaid rates)
Section 137(8) of the Principal Act is amended
by omitting "retain the land as though it had
purchased it." and substituting "take steps under
section 140 in relation to the land.".
17. Section 153 amended (Publication of by-laws)
Section 153 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "made or
adopted by it" after "by-law";
(b) by inserting in subsection (2) ", made by
a council," after "by-law".
18
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 18
18. Section 154 amended (Repeal and amendment of
by-laws)
Section 154 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "(other
than a by-law adopted by a council under
section 172)" after "A by-law";
(b) by omitting from subsection (3) "by-law
or part of a by-law" and substituting "by-
law, or a part of a by-law, that is made by
a council".
19. Section 155 amended (Expiry of by-laws)
Section 155 of the Principal Act is amended by
inserting "made, or adopted, by a council" after
"by-law".
20. Section 156A amended (Regulatory impact
statement)
Section 156A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1A)(b)(i)
"or" first occurring and substituting
"and";
(b) by inserting in subsection (1A)(b)(iii)
"significantly" after "not";
(c) by inserting the following subsection
after subsection (5):
19
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 21 Part 3 - Local Government Act 1993 Amended
(5A) A council may only submit to the
Director a regulatory impact
statement in relation to a
proposed by-law if a motion of
intention to make the proposed
by-law has been passed by the
council under section 156(1).
21. Section 157 amended (Notice of proposed by-law)
Section 157(2) of the Principal Act is amended
by inserting after paragraph (a) the following
paragraph:
(ab) made available for viewing at a website
of the council from the day when the
notice is first published in the newspaper
until the end of the day specified in the
notice as the earliest day by which the
notice may be removed from the website;
and
22. Section 158 amended (Proposed by-laws open to
inspection and may be purchased)
Section 158 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)
"proposed by-law" and substituting "by-
law the council proposes to make";
(b) by inserting the following paragraph after
paragraph (a):
20
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 23
(ab) a copy of a by-law the council
proposes to make, and a copy of
the regulatory impact statement,
for viewing at a website of the
council as soon as practicable
after publication of the notice
referred to in section 157 until the
day specified in the notice; and
(c) by omitting from paragraph (b)
"proposed by-law" and substituting "by-
law the council proposes to make".
23. Section 159 amended (Submissions in respect of
proposed by-law)
Section 159(1) of the Principal Act is amended
by omitting "proposed by-law" and substituting
"by-law a council proposes to make".
24. Section 160 amended (Alterations to proposed by-
law)
Section 160 of the Principal Act is amended by
omitting "proposed by-law" first occurring and
substituting "by-law it proposes to make".
25. Section 163 amended (Commencement of by-law)
Section 163 of the Principal Act is amended by
inserting "that is made or adopted by a council "
after "A by-law".
21
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 26 Part 3 - Local Government Act 1993 Amended
26. Section 164 amended (By-law to Director)
Section 164 of the Principal Act is amended by
inserting "that makes a by-law" after "council".
27. Section 165 amended (Title and numbering of by-
laws)
Section 165 of the Principal Act is amended as
follows:
(a) by omitting "of a council" and
substituting "that is made or adopted by a
council";
(b) by inserting in paragraph (a)(iii) "or
adopted" after "made".
28. Section 166 amended (Copies of by-laws)
Section 166(1) of the Principal Act is amended
by inserting "and for viewing at a website of the
council" after "public".
29. Sections 170A and 170B inserted
Before section 171 of the Principal Act, the
following sections are inserted in Division 4:
170A. Regulatory impact statement in respect of
model by-law
(1) The Minister is to ensure that a
regulatory impact statement is prepared
in respect of any model by-law
(including a model by-law that amends
22
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 29
another model by-law) he or she intends
to make under section 171(1).
(2) Subsection (1) does not apply to any
model by-law that is an amendment, to
an existing model by-law, that -
(a) is of a minor and technical nature;
or
(b) does not significantly alter the
purpose or effect of the existing
model by-law; or
(c) does not significantly alter the
impact on the public of the
existing model by-law, as
adopted by a council.
(3) A regulatory impact statement in relation
to a model by-law is to include the
following:
(a) the objectives of the model by-
law and the means by which the
model by-law is intended to
achieve them;
(b) the nature of any restriction on
competition;
(c) an assessment of the costs and
benefits of -
(i) any restriction on
competition; or
23
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 29 Part 3 - Local Government Act 1993 Amended
(ii) any impact on the conduct
of business;
(d) an identification of the alternative
options by which the objectives
can be achieved (whether wholly
or substantially);
(e) an assessment of the greatest net
benefit or least net cost to the
community;
(f) an assessment of the direct and
indirect economic, social and
environmental impact of the
model by-law;
(g) details of the proposed public
consultation process, if any.
(4) The regulatory impact statement is to
state whether the model by-law is likely
to have an impact on business or restrict
competition and, if it is, the reason why.
170B. Consultation in respect of model by-laws
The Minister may, if he or she thinks fit,
arrange for public consultation to be
conducted in respect of -
(a) a regulatory impact statement; or
(b) a proposed model-by law; or
(c) a proposal to amend a model by-
law under section 171.
24
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 30
30. Section 171 amended (Making of model by-laws)
Section 171 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "(including
model by-laws that amend other model
by-laws)" after "model by-laws";
(b) by inserting in subsection (2)(a)
"together with a copy of the regulatory
impact statement prepared under
section 170A, if such a statement is
required under that section to be prepared
in relation to the model by-law" after
"Gazette";
(c) by omitting from subsection (2)(b)
"prepared under section 156A" and
substituting ", if any,".
31. Section 172 amended (Council may adopt model by-
laws)
Section 172 of the Principal Act is amended by
omitting subsection (5) and substituting the
following subsections:
(5) A model by-law that is adopted by a
council has, on and from the date on
which notice is given under
subsection (4) in relation to the model
by-law, effect, according to the terms of
the model by-law, as if it were a by-law
made by the council, except that
25
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 32 Part 3 - Local Government Act 1993 Amended
sections 162 and 164 do not apply in
relation to it.
(5A) If a model by-law (the amending model
by-law) amends another model by-law
that has been adopted by a council, the
amending model by-law -
(a) is, on and from the date on which
notice is given under
section 171(5) that the amending
model by-law has not been
disallowed, to be taken to be a
model by-law adopted by the
council; and
(b) despite section 163, commences
on the day on which it is
published in accordance with
section 153.
(5B) A council that adopts, or is to be taken
under subsection (5A) to have adopted, a
model by-law is to affix its common seal
to 2 copies of the model by-law and is to
forward one of them to the Director.
32. Section 174 amended (Repeal of model by-law)
Section 174 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
26
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 33
(1A) A notification under
subsection (1) may specify that
the repeal to which the notice
relates is a self-executing repeal.
(b) by inserting in subsection (2) ", unless
the repeal is a self-executing repeal" after
"as adopted";
(c) by inserting the following subsection
after subsection (2):
(3) If a notification of the repeal of a
model by-law under
subsection (1) specifies that the
repeal is a self-executing repeal, a
model by-law, adopted by a
council, that consists of the
repealed model by-law (as
amended, if at all, under this
Part), is repealed on and from the
date of the notification.
33. Section 200 amended (Abatement notices)
Section 200(1)(a) of the Principal Act is
amended by omitting "its" and substituting
"the".
34. Section 204A inserted
After section 204 of the Principal Act, the
following section is inserted in Division 6:
27
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 35 Part 3 - Local Government Act 1993 Amended
204A. Infringement notice for non-compliance with
abatement notice
(1) An authorised officer of a council may
issue and serve an infringement notice on
a person if the authorised officer
reasonably believes that the person has
committed an offence against
section 200(3).
(2) An infringement notice may not be
served on an individual who has not
attained the age of 18 years.
(3) An infringement notice -
(a) is to be in accordance with
section 14 of the Monetary
Penalties Enforcement Act 2005;
and
(b) is not to relate to more than 3
offences against section 200(3).
(4) The penalty payable under an
infringement notice for an offence
against section 200(3) to which the
infringement notice relates is 3 penalty
units.
35. Section 253 repealed
Section 253 of the Principal Act is repealed.
28
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 36
36. Section 254 substituted
Section 254 of the Principal Act is repealed and
the following section is substituted:
254. Entitlement to be on list of electors and to
vote in election
(1) A person is entitled to be enrolled on the
electoral roll kept under section 258(7) in
respect of an electoral area if the person
is enrolled on the electoral roll for the
House of Assembly in respect of an
address within that electoral area.
(2) A person, other than a person referred to
in subsection (1), is entitled to be
enrolled on the electoral roll kept under
section 258(1) in respect of an electoral
area if the person -
(a) is an owner or occupier of land in
the electoral area; and
(b) is over the age of 18; and
(c) is not serving a term of
imprisonment; and
(d) is not subject to an initial order,
or a continuing care order, under
the Mental Health Act 1996 or an
order under the Guardianship and
Administration Act 1995.
(3) A person is entitled to be enrolled on the
electoral roll kept under section 258(1) in
29
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 36 Part 3 - Local Government Act 1993 Amended
respect of an electoral area if a
nomination of the person to vote in
respect of the electoral area on behalf of
a corporate body has effect under
section 255.
(4) A person is entitled to vote in an election
in respect of an electoral area if the
person -
(a) is on a list of electors kept under
section 261(2) in respect of the
electoral area; and
(b) is, or will be, 18 years old or
more before the closing day for
the election.
(5) A person is entitled to vote in an election
in respect of an electoral area if the
person is on a list of electors kept under
section 261(1) in respect of the electoral
area.
(6) A person is entitled to vote, on behalf of
a corporate body, in an election in
respect of an electoral area, if -
(a) a nomination of the person to
vote in respect of the electoral
area on behalf of the corporate
body has effect under
section 255; and
(b) the person is on a list of electors
kept under section 261(1) in
respect of the electoral area.
30
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 37
(7) A person who is a resident in one
municipal area and is also an owner or
occupier of land in one or more other
municipal areas, is entitled to vote, in an
election, in respect of each of those
municipal areas in respect of which the
person is on a list of electors kept under
section 261(1) or (2).
37. Section 255 amended (Voting by corporations)
Section 255 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "may -"
and substituting "must do one of the
following in respect of a nomination:";
(b) by inserting in subsection (3)(a) ", unless
paragraph (b) or (c) applies in respect of
the nomination" after "nomination";
(c) by omitting from subsection (3)(a) "or";
(d) by omitting from subsection (3)(b) "or"
second occurring;
(e) by inserting the following subparagraph
after subparagraph (ii) in subsection
(3)(c):
(iia) is a person whose nomination in
respect of another corporate body
is in force in respect of the
municipal area; or
(f) by omitting subsection (4);
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Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 38 Part 3 - Local Government Act 1993 Amended
(g) by inserting the following paragraph after
paragraph (b) in subsection (5):
(ba) the name of the person is deleted
under section 258(6); or
38. Section 257 amended (Electoral enrolment form)
Section 257 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A person who is entitled under section
254(2) to be enrolled on the electoral roll
kept under section 258(1) in respect of an
electoral area may lodge with the general
manager an electoral enrolment form in
respect of the electoral area.
39. Section 258 amended (Electoral roll)
Section 258 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) The general manager is to keep,
in a manner determined by the
Electoral Commissioner, an
electoral roll in respect of each
electoral area.
(b) by inserting in subsection (2) "under
subsection (1) in respect of an electoral
area" after "kept";
32
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 40
(c) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
(a) a list of persons -
(i) who are entitled under
section 254(2) to be
enrolled on the electoral
roll and who have lodged
under section 257 an
electoral enrolment form
in respect of the electoral
area; or
(ii) who are entitled under
section 254(3) to be
enrolled on the electoral
roll; and
(d) by omitting from subsection (2)(b)
"vote" and substituting "be enrolled on
the electoral roll";
(e) by omitting subsection (7) and
substituting the following subsection:
(7) The Electoral Commissioner is to
keep in respect of an electoral
area an electoral roll of persons
entitled to be enrolled on the
electoral roll under section
254(1).
33
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 40 Part 3 - Local Government Act 1993 Amended
40. Section 259 amended (Inspection of electoral roll)
Section 259 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
elector or a corporate body" and
substituting "Any person";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) A person who is entitled to be
enrolled on an electoral roll in
respect of an electoral area may,
by notice in writing to the general
manager, object to -
(a) an error, in the electoral
roll, in the particulars in
respect of any person or
body corporate; or
(b) the omission of the name
of any person from the
electoral roll, if -
(i) the person whose
name has been
omitted has
lodged an
electoral
enrolment form
under section 257
in respect of the
electoral area; or
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Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 41
(ii) a nomination, to
vote on behalf of a
corporate body in
the electoral area,
of the person
whose name has
been omitted, has
effect under
section 255.
(c) by inserting in subsection (3) "kept under
section 258(1)" after "roll".
41. Section 261 amended (List of electors)
Section 261 of the Principal Act is amended by
inserting after subsection (6) the following
subsection:
(7) A person, body or organisation must not,
without reasonable excuse, use
information obtained from a list of
electors provided under subsection (6),
unless the information is used for
purposes connected with an election.
Penalty: Fine not exceeding 50 penalty
units.
42. Section 261A inserted
After section 261 of the Principal Act, the
following section is inserted in Division 2:
35
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 43 Part 3 - Local Government Act 1993 Amended
261A. Inspection of list of electors
Any person may, at any reasonable time
and free of charge, inspect the list of
electors kept under section 261(1) and
(2).
43. Section 262 amended (Reviews)
Section 262 of the Principal Act is amended as
follows:
(a) by inserting in subsection (3) "kept under
section 258(1)" after "electoral roll";
(b) by omitting from subsection (4) "section
289" and substituting "section 286".
44. Section 270 amended (Eligibility for nomination as
councillor)
Section 270 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "in respect
of a municipal area" after "for the office
of councillor";
(b) by omitting from subsection (1)(a) "an
elector in" and substituting "enrolled on
an electoral roll in respect of";
(c) by omitting from subsection (3) "an
elector in" and substituting "enrolled on
an electoral roll in respect of".
36
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 45
45. Section 271 amended (Notice of nominations)
Section 271(2)(a) of the Principal Act is
amended by omitting "electors of" and
substituting "persons enrolled on an electoral roll
for".
46. Section 272 amended (Acceptance or rejection of
nomination)
Section 272 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission";
(b) by omitting from subsection (5)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission";
(c) by omitting from subsection (6)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission".
47. Section 278 amended (Electoral advertising)
Section 278 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
37
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 47 Part 3 - Local Government Act 1993 Amended
(1) A person must not, during the
relevant period, use, otherwise
than in accordance with the
regulations, electoral advertising
with a view to promoting or
procuring the election of any
candidate at an election.
Penalty: Fine not exceeding 100
penalty units.
(b) by inserting the following subsections
after subsection (5):
(6) A person must not use or display
the arms of a council, or a logo of
a council, in any electoral
advertising.
Penalty: Fine not exceeding 20
penalty units.
(7) Subsection (6) does not apply to -
(a) any matter printed,
published or distributed
by or on behalf of the
Electoral Commissioner
in the exercise or
performance of his or her
powers or functions; or
(b) any electoral advertising
by means of any
broadcast by television.
38
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 48
48. Section 284 amended (Ballot material)
Section 284 of the Principal Act is amended by
inserting after subsection (4) the following
subsection:
(5) The Tasmanian Electoral Commission
may display, on a website, the statements
of the candidates for an election.
49. Section 286 amended (Supplementary issue of ballot
material)
Section 286 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "to an
elector if satisfied that the elector" and
substituting "in respect of an electoral
area to a person if satisfied that the
person";
(b) by omitting from subsection (1)(a) "has
not" and substituting "is an elector in
respect of the electoral area and has not";
(c) by omitting from subsection (1)(b) "has
spoiled" and substituting "is an elector in
respect of the electoral area and has
spoiled";
(d) by omitting paragraph (c) from
subsection (1) and substituting the
following paragraph:
(c) claims to be entitled under
section 254(1), (2) or (3) to be
39
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 50 Part 3 - Local Government Act 1993 Amended
enrolled on the electoral roll in
respect of the electoral area; or
(e) by omitting from subsection (2)
"subsection (1)(d)" and substituting
"subsection (1)(c) or (d)".
50. Section 286A inserted
After section 286 of the Principal Act, the
following section is inserted in Division 6:
286A. When ballot paper sent as supplementary
election material may be accepted
A ballot paper issued to a person in
accordance with section 286(1)(c) in
respect of an electoral area may be
accepted if -
(a) the person's name has been
omitted in error from the list of
electors in respect of that
electoral area; or
(b) the person's name has been
omitted in error from an electoral
roll kept under section 258(1); or
(c) the person's name has been on
the electoral roll for the House of
Assembly in respect of an address
within the municipal area at any
time since the closure of that roll
for the most recent ordinary
election under this Act for the
40
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 51
electoral area and the person
appears to have continuously
resided in the municipal area
since that closure.
51. Section 296 inserted
After section 295 of the Principal Act, the
following section is inserted in Division 6:
296. Procedures for voting by persons outside
Tasmania
(1) The Tasmanian Electoral Commission,
for the purposes of this section, may
approve procedures to enable approved
electors to vote in accordance with this
section.
(2) An electronic copy of a ballot paper, and
an electronic copy of a declaration
document, in respect of an election may
be obtained by an approved elector in
accordance with the approved
procedures.
(3) An approved elector may vote in an
election by sending -
(a) by an electronic means specified
in the approved procedures,
completed electronic copies of
each of the downloaded
documents; or
41
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 51 Part 3 - Local Government Act 1993 Amended
(b) by mail, completed paper copies
of each of the downloaded
documents -
so that the completed electronic copies or
completed paper copies are received by
the relevant person before the end of the
polling period in respect of the election.
(4) If completed electronic copies, or
completed paper copies, of the
downloaded documents, that are sent by
an approved elector are received by the
relevant person before the end of the
polling period in respect of the election
in accordance with subsection (3) -
(a) a person approved by the
Electoral Commissioner is to
transcribe onto a ballot paper the
voting indicated on the completed
electronic copy, or completed
paper copy, of the electronic
ballot paper; and
(b) the ballot paper on which the
voting is transcribed under
paragraph (a) is to be dealt with
as a ballot paper received by post;
and
(c) a person approved by the
Electoral Commissioner is to
print a paper copy of the
completed electronic copy of the
42
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 51
electronic declaration document;
and
(d) the paper copy, of the completed
electronic copy of the electronic
declaration document, that is sent
by mail under subsection (3)(b)
or printed under paragraph (c) is
to be taken to be a declaration by
the approved elector that is
signed on an envelope as required
under section 285.
(5) An electronic record is to be made of the
persons and the electronic address from
whom or which completed electronic
copies or completed paper copies were
received in accordance with
subsection (3).
(6) An electronic record kept under
subsection (5) in respect of an election is
to be kept until the election can no longer
be questioned.
(7) A person does not commit an offence
against a provision of this Part in relation
to an action taken by the person if the
action is taken in good faith for the
purposes of this section or the approved
procedures.
(8) In this section -
approved elector means a person who
is -
43
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 51 Part 3 - Local Government Act 1993 Amended
(a) an elector in respect of an
electoral area; and
(b) outside Tasmania; and
(c) a member of a class of
electors to which the
approved procedures
apply;
approved procedures means
procedures approved for the
purposes of this section;
completed electronic copy, in relation
to a downloaded document,
means an electronic copy of the
downloaded document that is
completed by the person in
accordance with the instructions
on the downloaded document;
completed paper copy, in relation to a
downloaded document, means a
paper copy of the downloaded
document that is completed by
the person in accordance with the
instructions on the downloaded
document;
declaration document means an
electronic document, to be
completed by a person, stating
that the person is the person who
received ballot material
electronically and is voting using
44
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 52
procedures approved under this
section;
downloaded documents means an
electronic copy of a ballot paper,
and an electronic copy of a
declaration document, that are
obtained under subsection (2);
electronic ballot paper means an
electronic copy of a ballot paper
obtained under subsection (2);
electronic declaration document
means an electronic copy of a
declaration document obtained
under subsection (2);
relevant person means -
(a) the returning officer; or
(b) the electoral officer in
charge of an issuing
place.
52. Section 305 amended (Recount of votes)
Section 305 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission";
45
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 53 Part 3 - Local Government Act 1993 Amended
(b) by omitting from subsection (4)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission".
53. Section 306 amended (Keeping of electoral
material)
Section 306(6) of the Principal Act is amended
by inserting "or another purpose approved by the
Electoral Commissioner" after "vacancy".
54. Section 307 amended (Casual vacancies)
Section 307 of the Principal Act is amended as
follows:
(a) by omitting subsection (3B);
(b) by inserting the following subsection
after subsection (6):
(7) The Electoral Commissioner
must not disclose to a person the
results, of a recount in respect of
a hypothetical casual vacancy,
that may be obtained by
performing an electronic
calculation based on any
electronic records of ballot
papers, completed by electors or
former electors, that are held in
an electronic form by the
Electoral Commissioner.
46
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 55
55. Section 308 amended (By-elections)
Section 308 of the Principal Act is amended as
follows:
(a) by omitting paragraphs (ab), (ac) and
(ad) from subsection (1);
(b) by omitting subsection (2);
(c) by omitting from subsection (3A) "not
held in conjunction with the next
ordinary election";
(d) by omitting from subsection (4)
"subsections (1A), (2), (3) and (3A)" and
substituting "subsections (1A), (3) and
(3A)".
56. Section 310 amended (Adjournment of poll)
Section 310 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission";
(b) by omitting from subsection (2)
"Electoral Commissioner" and
substituting "Tasmanian Electoral
Commission".
47
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 57 Part 3 - Local Government Act 1993 Amended
57. Section 341 amended (Immunity from liability)
Section 341 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A person who is -
(a) a councillor; or
(b) a member of the Board; or
(c) a member of a Code of
Conduct panel, an audit
panel or a Standards
panel; or
(d) a member of a special
committee or a
controlling authority; or
(e) an administrator, or an
employee, of a council -
is not personally liable for an
honest act or omission done or
made, as such a councillor,
member, administrator or
employee, in the exercise or
purported exercise of a power, or
in the performance or purported
performance of a function, under
this or any other Act.
48
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Local Government Act 1993 Amended s. 57
(b) by omitting from subsection (2) "or a
member of" and substituting ", a Code of
Conduct panel, an audit panel or";
(c) by inserting in subsection (2) ", panel"
after "the committee";
(d) by inserting the following subsection
after subsection (2):
(3) A liability that would, but for
subsection (1), lie against a
member of a Standards panel, lies
against the Local Government
Association of Tasmania.
49
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 58 Part 4 - Local Government Act 1993 Further Amended
PART 4 - LOCAL GOVERNMENT ACT 1993
FURTHER AMENDED
58. Principal Act
In this Part, the Local Government Act 1993* is
referred to as the Principal Act.
59. Section 66 amended (Strategic plan)
Section 66 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "a 5 year
period and updated as required" and
substituting "a 10 year period";
(b) by omitting from subsection (3) "or
updating an existing strategic plan";
(c) by omitting from subsection (4) "or
updated strategic plan".
60. Section 68 amended (Proposed strategic plan)
Section 68 of the Principal Act is amended as
follows:
(a) by omitting "or updating an existing
strategic plan";
(b) by omitting from paragraph (b) "or
updating".
*No. 95 of 1993
50
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 4 - Local Government Act 1993 Further Amended s. 61
61. Section 69 amended (Public inspection of strategic
plan)
Section 69 of the Principal Act is amended by
omitting "or amendments to a strategic plan".
62. Sections 70, 70A, 70B, 70C, 70D, 70E and 70F
inserted
After section 69 of the Principal Act, the
following sections are inserted in Division 2:
70. Long-term financial management plans
(1) A council is to prepare a long-term
financial management plan for the
municipal area.
(2) A long-term financial management plan
is to be in respect of at least a 10 year
period.
(3) A long-term financial management plan
for a municipal area is to -
(a) be consistent with the strategic
plan for the municipal area; and
(b) refer to the long-term strategic
asset management plan for the
municipal area; and
(c) contain at least the matters that
are specified in an order made
under section 70F as required to
be included in a long-term
financial management plan.
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Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 62 Part 4 - Local Government Act 1993 Further Amended
70A. Financial management strategies
(1) A council is to prepare a financial
management strategy for the municipal
area.
(2) A financial management strategy for a
municipal area is to -
(a) be consistent with the strategic
plan for the municipal area; and
(b) contain at least the matters that
are specified in an order made
under section 70F as required to
be included in a financial
management strategy.
70B. Long-term strategic asset management plans
(1) A council is to prepare a long-term
strategic asset management plan for the
municipal area.
(2) A long-term strategic asset management
plan is to relate to all assets that are
within a class of assets specified in an
order under section 70F(3) to be major
assets.
(3) A long-term strategic asset management
plan is to be in respect of at least a 10
year period.
(4) A long-term strategic asset management
plan for a municipal area is to -
52
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 4 - Local Government Act 1993 Further Amended s. 62
(a) be consistent with the strategic
plan for the municipal area; and
(b) refer to the long-term financial
management plan for the
municipal area; and
(c) contain at least the matters that
are specified in an order made
under section 70F as required to
be included in a long-term
strategic asset management plan.
70C. Asset management policies
(1) A council is to prepare an asset
management policy for the municipal
area.
(2) An asset management policy for a
municipal area is to -
(a) be consistent with the strategic
plan for the municipal area; and
(b) guide the development of the
long-term strategic asset
management plan for the
municipal area; and
(c) guide the development of the
long-term financial management
plan for the municipal area; and
(d) contain at least the matters that
are specified in an order made
under section 70F as required to
53
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 62 Part 4 - Local Government Act 1993 Further Amended
be included in an asset
management policy.
70D. Asset management strategies
(1) A council is to prepare an asset
management strategy for the municipal
area.
(2) An asset management strategy for a
municipal area is to -
(a) be consistent with the strategic
plan for the municipal area; and
(b) contain at least the matters that
are specified in an order made
under section 70F as required to
be included in an asset
management strategy.
70E. Review of plans, strategies and policies
(1) A council, at least every 4 years, is to
review its -
(a) strategic plan; and
(b) long-term financial management
plan; and
(c) long-term strategic asset
management plan; and
(d) financial management strategy;
and
(e) asset management strategy; and
54
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 4 - Local Government Act 1993 Further Amended s. 62
(f) asset management policy.
(2) As soon as practicable after a council
adopts a plan, strategy or policy referred
to in subsection (1), the general manager
is to notify the Director accordingly.
70F. Orders determining minimum contents of
plans, &c., and classes of assets
(1) The Minister, by order, may specify the
matters that are required to be included
in -
(a) a long-term financial
management plan; or
(b) a long-term strategic asset
management plan; or
(c) a financial management strategy;
or
(d) an asset management strategy; or
(e) an asset management policy.
(2) A matter may be included in a plan,
policy or strategy referred to in
subsection (1), even though the matter is
not specified in an order under
subsection (1) as required to be included
in such a plan, policy or strategy.
(3) The Minister, by order, may specify the
classes of assets that are to be taken to be
major assets for the purposes of
section 70B.
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Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 63 Part 4 - Local Government Act 1993 Further Amended
(4) The Minister is to consult with councils
as to the matters to be included in an
order under this section.
63. Section 84 amended (Financial statements)
Section 84 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (da) in subsection (2):
(db) contain financial management
indicators, and asset management
indicators, specified in an order
under subsection (2A); and
(b) by inserting the following subsections
after subsection (2):
(2A) The Minister, by order, may
specify -
(a) financial management
indicators; and
(b) asset management
indicators -
to be included in the financial
statements of councils.
(2B) The Minister is to consult with
councils as to the matters to be
included in an order under
subsection (2A).
56
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
Part 4 - Local Government Act 1993 Further Amended s. 64
64. Part 8, Division 4 inserted
After section 84 of the Principal Act, the
following Division is inserted in Part 8:
Division 4 - Audit panels
85. Audit panels
(1) A council is to establish an audit panel in
respect of the council.
(2) An audit panel in respect of a council is
to be constituted in accordance with the
requirements, if any, of an order under
section 85B.
85A. Functions of audit panels
(1) An audit panel established under
section 85 is to review the council's
performance in relation to -
(a) the council's financial system,
financial governance
arrangements and financial
management; and
(b) all plans of the council under
Part 7; and
(c) all policies, systems and controls
the council has in place to
safeguard its long-term financial
position; and
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Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 64 Part 4 - Local Government Act 1993 Further Amended
(d) any other matters specified in an
order under section 85B as
matters that an audit panel is to
consider in such a review.
(2) A council, audit panel or person is to
comply with the requirements, specified
in an order under section 85B, that apply
in relation to the council, audit panel or
person.
85B. Orders in relation to audit panels
(1) The Minister, by order, may -
(a) specify the matters that, in
addition to the matters specified
in section 85A(1)(a), (b) and (c),
are to be considered by an audit
panel in a review for the purposes
of section 85A; and
(b) specify the requirements in
accordance with which an audit
panel under section 85 is to be
constituted, including but not
limited to the qualifications, or
experience, or both, that a person
who is a member of such a panel
is required to have; and
(c) specify any other requirements
relating to reviews, and audit
panels, for the purposes of
section 85A, including but not
limited to the conduct of such
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Act No. of
Part 4 - Local Government Act 1993 Further Amended s. 64
reviews and the actions to be
taken as a result of the holding of
such reviews.
(2) The Minister is to consult with councils
as to the matters to be included in an
order under subsection (1).
59
Local Government (Miscellaneous Amendments) Act 2013
Act No. of
s. 65 Part 5 - Concluding Provision
PART 5 - CONCLUDING PROVISION
65. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
60 Government Printer, Tasmania