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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
City of Perth Bill 2015
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Objects 3
5. Relationship with Local Government Act 1995 3
Part 2 -- City of Perth
Division 1 -- City of Perth
6. City of Perth continued 4
7. Perth is capital of Western Australia 4
8. Objects of City of Perth 4
Division 2 -- City of Perth Council
9. Representation on City of Perth Council 6
10. Special role of Lord Mayor 6
11. General roles of Lord Mayor and councillors 7
Division 3 -- City of Perth Committee
12. City of Perth Committee 8
13. Functions of Committee 9
14. Meetings of Committee 10
15. Committee may regulate own procedure 10
Division 4 -- Boundaries of City of Perth
16. Future alteration to City of Perth boundaries only
to be made by Act of Parliament 10
17. Existing City of Perth boundaries to continue until
30 June 2016 11
18. City of Perth boundaries on and after 1 July 2016 11
19. Boundaries of other local government districts
changed 11
135--2 page i
City of Perth Bill 2015
Contents
Division 5 -- Electoral matters
20. Election of Lord Mayor 12
Division 6 -- Application of Local Government
Act 1995
21. Local Government Act 1995 applies as if things
done by section 2.1 order 12
Part 3 -- Miscellaneous, transitional
and savings provisions
Division 1 -- Review of City of Subiaco ward
boundaries and councillor numbers
22. City of Subiaco may review ward boundaries and
councillor numbers 14
Division 2 -- Provisions consequential on repeal
of City of Perth Restructuring Act 1993
23. Preservation of rights of City of Perth
superannuation scheme members who became
employees of other local governments 15
Division 3 -- Miscellaneous
24. Regulations 16
Division 4 -- Transitional and savings
provisions
25. Transitional regulations 16
Part 4 -- Repeal and amendments to
other Acts
Division 1 -- Repeal
26. City of Perth Restructuring Act 1993 repealed 19
Division 2 -- Botanic Gardens and Parks
Authority Act 1998 amended
27. Act amended 19
28. Section 44A inserted 19
44A. Executive Director, Public Health
responsible for public health matters 19
29. Section 53A inserted 21
53A. Local laws do not apply to King's Park 21
page ii
City of Perth Bill 2015
Contents
Division 3 -- Local Government Act 1960
Part VIA amended
30. Act amended 21
31. Section 170B amended 21
32. Section 170C amended 22
Division 4 -- Local Government Act 1995
amended
33. Act amended 22
34. Section 5.78 amended 22
35. Section 5.82 amended 22
36. Section 5.83 amended 23
37. Sections 5.89A and 5.89B inserted 24
5.89A. Register of gifts and contributions to travel 24
5.89B. Offence to fail to disclose under sections
5.82 and 5.83 25
38. Section 5.89 amended 25
39. Section 9.25 amended 25
Schedule 1 -- Map of City of Perth
(effective 1 July 2016) (indicative
only)
Defined terms
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
City of Perth Bill 2015
A Bill for
An Act to --
• continue the City of Perth as a local government district but
redefine its boundaries; and
• recognise Perth as the capital of Western Australia and the
special significance of the role and responsibilities of the City of
Perth that flow from that; and
• establish a City of Perth Committee with functions that include
the facilitation of collaboration between the State and the City of
Perth; and
• repeal the City of Perth Restructuring Act 1993; and
• make consequential and other amendments to the Botanic
Gardens and Parks Authority Act 1998, the Local Government
Act 1960 Part VIA and the Local Government Act 1995; and
• provide for related matters.
The Parliament of Western Australia enacts as follows:
page 1
City of Perth Bill 2015
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the City of Perth Act 2015.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) Part 1 -- on the day on which this Act receives the
7 Royal Assent;
8 (b) the rest of the Act -- on the day after that day.
9 3. Terms used
10 In this Act --
11 Authority means the Western Australian Land Information
12 Authority established by the Land Information Authority
13 Act 2006 section 5;
14 City of Perth means the body corporate continued by
15 section 6(1);
16 City of Perth Council means the council of the City of Perth;
17 Committee means the City of Perth Committee established by
18 section 12(1);
19 councillor means a person who holds the office of councillor on
20 the City of Perth Council;
21 Deposited Plan, followed by a number, means the deposited
22 plan of that number --
23 (a) lodged with the Authority; and
24 (b) certified by an authorised land officer (as defined in the
25 Land Administration Act 1997 section 3(1)); and
26 (c) available --
27 (i) in paper form at the Authority's head office; and
28 (ii) in electronic form on the Authority's official
29 website;
page 2
City of Perth Bill 2015
Preliminary Part 1
s. 4
1 Lord Mayor means the Lord Mayor of Perth.
2 4. Objects
3 The objects of this Act are --
4 (a) to recognise, promote and enhance --
5 (i) the special social, economic, cultural,
6 environmental and civic role that the City of
7 Perth plays because Perth is the capital of
8 Western Australia; and
9 (ii) the important role that the City of Perth plays in
10 representing the broader Perth area and the State
11 of Western Australia on both a national and
12 international level;
13 and
14 (b) to provide for the constitution of the City of Perth
15 Council and recognise the unique role and
16 responsibilities of the Lord Mayor of Perth and City of
17 Perth councillors; and
18 (c) to establish a City of Perth Committee as a means of
19 facilitating collaboration between the State and the City
20 of Perth; and
21 (d) to revise the boundaries of the City of Perth.
22 5. Relationship with Local Government Act 1995
23 If a provision of this Act conflicts or is inconsistent with the
24 Local Government Act 1995, this Act prevails to the extent of
25 the conflict or inconsistency.
page 3
City of Perth Bill 2015
Part 2 City of Perth
Division 1 City of Perth
s. 6
1 Part 2 -- City of Perth
2 Division 1 -- City of Perth
3 6. City of Perth continued
4 (1) There continues to be a body corporate called the City of Perth.
5 (2) The City of Perth is the same body corporate that was continued
6 by the City of Perth Restructuring Act 1993 section 9(4).
7 (3) The City of Perth continues to be a local government district
8 that is a city.
9 7. Perth is capital of Western Australia
10 Perth is the capital of Western Australia.
11 8. Objects of City of Perth
12 (1) The objects of the City of Perth are as follows --
13 (a) to provide for the good government of persons in the
14 City of Perth, including residents, ratepayers and
15 visitors;
16 (b) to represent the community and encourage community
17 participation in decision-making;
18 (c) to provide a safe, clean and aesthetic environment for
19 community members, people who work in the City of
20 Perth, visitors and tourists;
21 (d) to continuously improve the services and facilities that
22 the City of Perth provides to the community and to
23 local, interstate and international visitors and tourists;
24 (e) to promote awareness of the facilities and events
25 provided or facilitated by the City of Perth and
26 encourage the community to make use of or participate
27 in them;
28 (f) to initiate and promote the continued growth and
29 environmentally sustainable development of the City of
page 4
City of Perth Bill 2015
City of Perth Part 2
City of Perth Division 1
s. 8
1 Perth and ensure its continued role as a thriving centre
2 of business with vibrant cultural and entertainment
3 precincts, while enhancing and protecting its natural
4 environment and having due regard to the flow-on
5 impact on the Perth metropolitan area;
6 (g) to maintain and strengthen the local, national and
7 international reputation of the Perth metropolitan area as
8 an innovative, sustainable and vibrant global city that
9 attracts and welcomes everyone;
10 (h) to nurture and support the initiatives and innovations of
11 the diverse precincts of the City of Perth;
12 (i) to develop and maintain collaborative
13 inter-governmental relationships at regional, State,
14 national and international levels with a view to
15 developing and implementing strategies for the
16 continued improvement of the City of Perth;
17 (j) in achieving its objects, to use its best endeavours to
18 strike an appropriate balance among the complementary
19 and competing civic, economic, social, cultural and
20 environmental considerations, including considerations
21 relating to visitors and tourists.
22 (2) This section does not --
23 (a) limit the role, functions, powers and obligations of the
24 City of Perth or the City of Perth Council under the
25 Local Government Act 1995 or any other written law; or
26 (b) impose on the City of Perth or the City of Perth Council
27 any obligation that is enforceable in a court of law; or
28 (c) confer on any person any legal right that is enforceable
29 in a court of law.
page 5
City of Perth Bill 2015
Part 2 City of Perth
Division 2 City of Perth Council
s. 9
1 Division 2 -- City of Perth Council
2 9. Representation on City of Perth Council
3 The City of Perth Council consists of --
4 (a) a mayor, called the Lord Mayor of Perth; and
5 (b) 8 councillors.
6 10. Special role of Lord Mayor
7 (1) The role of the Lord Mayor is as follows --
8 (a) to act as an ambassador for the City of Perth in hosting
9 international delegations and attending local, regional,
10 State, national and international civic functions and
11 events;
12 (b) to carry out civic and ceremonial duties associated with
13 the office of Lord Mayor;
14 (c) to develop and maintain inter-governmental
15 relationships at regional, State, national and
16 international levels, and as part of that to develop and
17 implement strategies and policies that seek to ensure
18 consistency in policies and strategic direction at all
19 levels of government;
20 (d) to provide leadership and guidance to the City of Perth
21 Council;
22 (e) to preside at meetings in accordance with the Local
23 Government Act 1995;
24 (f) to speak on behalf of the City of Perth;
25 (g) to liaise with the chief executive officer of the City of
26 Perth on the City of Perth's affairs and the performance
27 of its functions;
28 (h) to perform whatever other functions are given to the
29 Lord Mayor by this Act, the Local Government Act 1995
30 or any other written law.
page 6
City of Perth Bill 2015
City of Perth Part 2
City of Perth Council Division 2
s. 11
1 (2) This section does not limit --
2 (a) the role, functions, powers, obligations and
3 responsibilities of the Lord Mayor under the Local
4 Government Act 1995 or any other written law; or
5 (b) the application of the Local Government Act 1995
6 sections 2.9, 5.34 and 5.35 in relation to the
7 performance of the functions of the Lord Mayor.
8 11. General roles of Lord Mayor and councillors
9 (1) In addition to the role set out in section 10, the role of the Lord
10 Mayor includes the matters set out in subsection (2)(a) to (j).
11 (2) The role of a councillor is as follows --
12 (a) to represent the interests of electors, ratepayers and
13 residents of the City of Perth;
14 (b) to serve the current and future interests of the
15 community in the City of Perth;
16 (c) to provide leadership and guidance to the community in
17 the City of Perth;
18 (d) to facilitate communication between the community and
19 the City of Perth Council;
20 (e) to participate in the City of Perth Council's
21 decision-making processes at council and committee
22 meetings;
23 (f) to participate in the determination, oversight and regular
24 review of the following matters, as required by the Local
25 Government Act 1995 or any other written law --
26 (i) the City of Perth Council's policies, goals,
27 finances, resource allocation, expenditure and
28 corporate strategies;
29 (ii) the efficiency and effectiveness of the City of
30 Perth Council's service delivery, the
31 performance standards for that service delivery
page 7
City of Perth Bill 2015
Part 2 City of Perth
Division 3 City of Perth Committee
s. 12
1 and the monitoring of those performance
2 standards;
3 (g) in matters that relate to the unique responsibilities of the
4 City of Perth that flow from Perth's status as capital of
5 Western Australia, to seek to ensure that --
6 (i) an appropriate balance is struck among
7 economic, social, cultural and environmental
8 considerations; and
9 (ii) the flow-on effects on the broader metropolitan
10 area are considered;
11 (h) to have due regard to the objects of the City of Perth in
12 informing the City of Perth Council's work and in the
13 making of decisions by the Council;
14 (i) to participate in achieving a vision for the desired future
15 of the City of Perth through the formulation of strategic
16 plans and policies that align with the objects of the City
17 of Perth;
18 (j) to ensure that the City of Perth Council discharges its
19 responsibilities under this Act, the Local Government
20 Act 1995 and any other written law;
21 (k) to perform whatever other functions are given to a
22 councillor by this Act, the Local Government Act 1995
23 or any other written law.
24 (3) This section does not limit the roles, functions, powers,
25 obligations and responsibilities of the Lord Mayor or
26 councillors under the Local Government Act 1995 or any other
27 written law.
28 Division 3 -- City of Perth Committee
29 12. City of Perth Committee
30 (1) A committee called the City of Perth Committee is established.
page 8
City of Perth Bill 2015
City of Perth Part 2
City of Perth Committee Division 3
s. 13
1 (2) The membership of the Committee is as follows --
2 (a) the Premier of the State or a Minister of the Crown
3 nominated by the Premier, who is the Chair of the
4 Committee;
5 (b) the Minister to whom the administration of the Local
6 Government Act 1995 is committed by the Governor
7 (the Minister for Local Government);
8 (c) the Lord Mayor;
9 (d) the Deputy Lord Mayor of Perth;
10 (e) the chief executive officer of the City of Perth;
11 (f) the chief executive officer of the Department of the
12 Public Service principally assisting the Minister for
13 Local Government in the administration of the Local
14 Government Act 1995.
15 (3) The Premier may invite any Minister of the Crown,
16 Parliamentary Secretary or other member of Parliament to
17 attend a meeting of the Committee.
18 13. Functions of Committee
19 The Committee's functions are as follows --
20 (a) to facilitate collaboration between the State and the City
21 of Perth in order to further --
22 (i) the object set out in section 4(a); and
23 (ii) the objects of the City of Perth set out in
24 section 8;
25 (b) to identify and promote opportunities and strategies for
26 strengthening the economic, cultural, social, physical
27 and environmental development and growth of the Perth
28 Central Business District and other residential and
29 non-residential areas of the City of Perth;
30 (c) to assist in the identification and development of
31 mechanisms that promote greater integration between
page 9
City of Perth Bill 2015
Part 2 City of Perth
Division 4 Boundaries of City of Perth
s. 14
1 the State's planning and development processes and
2 those of the City of Perth;
3 (d) to identify and promote opportunities to improve,
4 simplify and streamline the requirements and processes
5 of the City of Perth with respect to development
6 applications under the Planning and Development
7 Act 2005;
8 (e) to develop and promote more efficient and effective
9 transitioning arrangements for developments that are
10 undertaken by or on behalf of the State and that are to
11 become wholly or partly the responsibility of the City of
12 Perth;
13 (f) to identify and develop other opportunities to further --
14 (i) the object set out in section 4(a); and
15 (ii) the objects of the City of Perth set out in
16 section 8;
17 (g) to do anything that is incidental to the functions set out
18 in paragraphs (a) to (f).
19 14. Meetings of Committee
20 (1) The Committee must meet at least twice each year.
21 (2) The Premier decides when the Committee is to meet.
22 15. Committee may regulate own procedure
23 The Committee may regulate its procedure in whatever manner
24 it thinks fit.
25 Division 4 -- Boundaries of City of Perth
26 16. Future alteration to City of Perth boundaries only to be
27 made by Act of Parliament
28 After 1 July 2016, any future alteration to the boundaries of the
29 district of Perth may only be made by Act of Parliament.
page 10
City of Perth Bill 2015
City of Perth Part 2
Boundaries of City of Perth Division 4
s. 17
1 17. Existing City of Perth boundaries to continue until
2 30 June 2016
3 (1) Until the end of 30 June 2016, the district of Perth continues to
4 have the boundaries that it had immediately before this section
5 comes into operation.
6 (2) However, this section does not prevent the subsequent making
7 of an order under the Local Government Act 1995 section 2.1 or
8 any other order under that Act in relation to the district of Perth
9 or any other district.
10 (3) Subsection (2) is subject to sections 18 and 21(3).
11 18. City of Perth boundaries on and after 1 July 2016
12 (1) On and after 1 July 2016, the district of Perth consists of the
13 land delineated in red and coloured purple on Deposited
14 Plan 404450.
15 (2) The map set out in Schedule 1 illustrates the boundaries of the
16 district of Perth, but is indicative only and subsection (1)
17 prevails if there is any inconsistency.
18 (3) The inclusion of the area known as King's Park in the district of
19 Perth by this section does not affect --
20 (a) the status of that area as a Class A reserve under the
21 Land Administration Act 1997; or
22 (b) the application of the Botanic Gardens and Parks
23 Authority Act 1998 to that area.
24 (4) This section is subject to section 21.
25 19. Boundaries of other local government districts changed
26 (1) On 1 July 2016, the boundaries of the City of Nedlands are
27 changed so that the district consists of the land delineated in red
28 and coloured purple on Deposited Plan 405530.
page 11
City of Perth Bill 2015
Part 2 City of Perth
Division 5 Electoral matters
s. 20
1 (2) On 1 July 2016, the boundaries of the City of Subiaco are
2 changed so that the district consists of the land delineated in red
3 and coloured purple on Deposited Plan 405529.
4 (3) This section is subject to section 21.
5 Division 5 -- Electoral matters
6 20. Election of Lord Mayor
7 (1) The Lord Mayor is to be elected by the electors of the district of
8 Perth under the Local Government Act 1995 Part 4.
9 (2) The Local Government Act 1995 sections 2.11 to 2.14 do not
10 apply to the City of Perth.
11 Division 6 -- Application of Local Government Act 1995
12 21. Local Government Act 1995 applies as if things done by
13 section 2.1 order
14 (1) The following are to be taken for all purposes to have been done
15 by the Governor by an order under the Local Government
16 Act 1995 section 2.1 (a section 2.1 order) that comes into
17 operation when this section comes into operation --
18 (a) the constitution of the district of Perth by sections 17(1)
19 and 18(1);
20 (b) the boundary changes effected by section 19.
21 (2) The Local Government Act 1995 applies accordingly, and in
22 particular (but without limitation) --
23 (a) Schedule 2.1 clause 11 of that Act applies in the same
24 way as it would apply if the constitution and boundary
25 changes had been done by a section 2.1 order; and
26 (b) regulations providing for matters to give effect to
27 section 2.1 orders also apply in that same way; and
page 12
City of Perth Bill 2015
City of Perth Part 2
Application of Local Government Act 1995 Division 6
s. 21
1 (c) the fact that the constitution and boundary changes are
2 effected by Act does not prevent --
3 (i) the subsequent making of a section 2.1 order or
4 any other order under the Local Government
5 Act 1995 in relation to the district of Perth or any
6 other district; or
7 (ii) the performance of any other function under the
8 Local Government Act 1995 or any other written
9 law in relation to the district of Perth or any
10 district whose boundaries are changed by
11 section 19.
12 (3) However, an order under the Local Government Act 1995
13 cannot --
14 (a) abolish the district of Perth; or
15 (b) divide the district of Perth into wards; or
16 (c) change the boundaries of the district of Perth.
page 13
City of Perth Bill 2015
Part 3 Miscellaneous, transitional and savings provisions
Division 1 Review of City of Subiaco ward boundaries and councillor
numbers
s. 22
1 Part 3 -- Miscellaneous, transitional and
2 savings provisions
3 Division 1 -- Review of City of Subiaco ward boundaries and
4 councillor numbers
5 22. City of Subiaco may review ward boundaries and councillor
6 numbers
7 (1) The object of this section is to enable the City of Subiaco to
8 review its ward boundaries, and the number of offices of
9 councillor for each ward, for the purpose of ensuring that, on
10 1 July 2016, those things take account of the constitution of the
11 district of Perth by section 18(1) and the boundary changes
12 effected by section 19.
13 (2) After this section comes into operation and before
14 31 March 2016, the City of Subiaco may carry out a review
15 under this section of --
16 (a) its ward boundaries; and
17 (b) the number of offices of councillor for each ward.
18 (3) For the purposes of a review carried out under subsection (2) --
19 (a) the Local Government Act 1995, with all necessary
20 changes, applies to the review as if, under Schedule 2.2
21 clause 6(3) of that Act, the Local Government Advisory
22 Board had required the City of Subiaco to carry out the
23 review; and
24 (b) the review is to be carried out as if the constitution of
25 the district of Perth by section 18(1), and the boundary
26 changes effected by section 19, had taken effect when
27 this section comes into operation; and
28 (c) the local public notice of the review given under
29 Schedule 2.2 clause 7 of that Act must --
30 (i) state that the review is being carried out under
31 this section; and
page 14
City of Perth Bill 2015
Miscellaneous, transitional and savings provisions Part 3
Provisions consequential on repeal of City of Perth Division 2
Restructuring Act 1993
s. 23
1 (ii) state that the review is being carried out as if the
2 constitution of the district of Perth by
3 section 18(1), and the boundary changes effected
4 by section 19, had taken effect when this section
5 comes into operation; and
6 (iii) state that the review is being carried out for the
7 purpose of ensuring that, on 1 July 2016, the City
8 of Subiaco's ward boundaries, and the number of
9 offices of councillor for each ward, take account
10 of that constitution and those boundary changes;
11 and
12 (iv) contain an explanation of the purpose of the
13 review (as set out in subparagraph (iii)), and of
14 the basis on which it is being carried out (as set
15 out in subparagraph (ii)).
16 (4) If the City of Subiaco carries out a review under subsection (2),
17 it must ensure that the report that the Local Government
18 Act 1995 Schedule 2.2 clause 9 requires it to make to the Local
19 Government Advisory Board on completing the review is made
20 to the Advisory Board no later than 31 March 2016.
21 Division 2 -- Provisions consequential on repeal of City of Perth
22 Restructuring Act 1993
23 23. Preservation of rights of City of Perth superannuation
24 scheme members who became employees of other local
25 governments
26 (1) In this section --
27 City of Perth scheme means the superannuation scheme
28 established under the Local Government Act 1960 section 170C,
29 as the scheme is amended from time to time;
30 employee and employer have the meanings given in the
31 Superannuation Industry (Supervision) Act 1993
32 (Commonwealth) section 10;
page 15
City of Perth Bill 2015
Part 3 Miscellaneous, transitional and savings provisions
Division 3 Miscellaneous
s. 24
1 industry scheme has the meaning given in the Local
2 Government Act 1960 section 170A, as the scheme is amended
3 from time to time.
4 (2) This section applies to any person who, immediately before
5 section 26 comes into operation, is a person in respect of whom,
6 under the City of Perth Restructuring Act 1993 section 29, a
7 local government is required to participate in and comply with
8 the City of Perth scheme.
9 (3) A local government whose employee is a person to whom this
10 section applies must, in respect of that employee, continue to
11 participate in and comply with the City of Perth scheme in the
12 same way and to the same extent as the City of Perth would be
13 required to do if the person were its employee.
14 (4) Subsection (3) ceases to apply in respect of a local
15 government's employee if the employee elects to become a
16 member of the industry scheme.
17 Division 3 -- Miscellaneous
18 24. Regulations
19 The Governor may make regulations prescribing all matters that
20 are required or permitted by this Act to be prescribed, or are
21 necessary or convenient to be prescribed for achieving the
22 objects and giving effect to the purposes of this Act.
23 Division 4 -- Transitional and savings provisions
24 25. Transitional regulations
25 (1) In this section --
26 specified means specified or described in the regulations;
27 transitional matter --
28 (a) means a matter or issue of a transitional nature that
29 arises as a result of --
30 (i) the enactment of this Act; or
page 16
City of Perth Bill 2015
Miscellaneous, transitional and savings provisions Part 3
Transitional and savings provisions Division 4
s. 25
1 (ii) the repeal of the City of Perth Restructuring
2 Act 1993;
3 and
4 (b) includes a saving or application matter.
5 (2) If there is not sufficient provision in this Act for dealing with a
6 transitional matter, regulations under this Act may prescribe all
7 matters that are required or necessary or convenient to be
8 prescribed for dealing with the matter.
9 (3) Regulations made under subsection (2) may provide that
10 specified provisions of a written law --
11 (a) do not apply to or in relation to any matter; or
12 (b) apply with specified modifications to or in relation to
13 any matter.
14 (4) If regulations made under subsection (2) provide that a specified
15 state of affairs is taken to have existed, or not to have existed,
16 on and from a day that is earlier than the day on which the
17 regulations are published in the Gazette but not earlier than the
18 day this section comes into operation, the regulations have
19 effect according to their terms.
20 (5) If regulations made under subsection (2) contain a provision
21 referred to in subsection (4), the provision does not operate so
22 as --
23 (a) to affect in a manner prejudicial to any person (other
24 than the State or an authority of the State) the rights of
25 that person existing before the day of publication of
26 those regulations; or
27 (b) to impose liabilities on any person (other than the State
28 or an authority of the State) in respect of anything done
29 or omitted to be done before the day of publication of
30 those regulations.
31 (6) Regulations made under subsection (2) in relation to a matter
32 referred to in subsection (3) must be made within whatever
page 17
City of Perth Bill 2015
Part 3 Miscellaneous, transitional and savings provisions
Division 4 Transitional and savings provisions
s. 25
1 period is reasonably and practicably necessary to deal with a
2 transitional matter.
page 18
City of Perth Bill 2015
Repeal and amendments to other Acts Part 4
Repeal Division 1
s. 26
1 Part 4 -- Repeal and amendments to other Acts
2 Division 1 -- Repeal
3 26. City of Perth Restructuring Act 1993 repealed
4 The City of Perth Restructuring Act 1993 is repealed.
5 Division 2 -- Botanic Gardens and Parks Authority
6 Act 1998 amended
7 27. Act amended
8 This Division amends the Botanic Gardens and Parks Authority
9 Act 1998.
10 28. Section 44A inserted
11 At the beginning of Part 8 insert:
12
13 44A. Executive Director, Public Health responsible for
14 public health matters
15 (1) In this section --
16 Executive Director, Public Health has the meaning
17 given in the Health Act 1911 section 3;
18 public health means the health of individuals in the
19 context of --
20 (a) the wider health of the community; and
21 (b) the combination of safeguards, policies and
22 programmes designed to protect, maintain,
23 promote and improve the health of individuals
24 and their communities and to prevent and
25 reduce the incidence of illness and disability.
page 19
City of Perth Bill 2015
Part 4 Repeal and amendments to other Acts
Division 2 Botanic Gardens and Parks Authority Act 1998 amended
s. 28
1 (2) For the purposes of protecting, promoting and
2 improving public health in relation to any designated
3 land, the Executive Director, Public Health has all the
4 powers and authority of a local government under the
5 Local Government Act 1995 as if --
6 (a) the designated land were a district for the
7 purposes of that Act; and
8 (b) the Executive Director, Public Health were the
9 local government for that district.
10 (3) The power and authority conferred on the Executive
11 Director, Public Health by subsection (2) includes the
12 power to make and enforce local laws under the Local
13 Government Act 1995.
14 (4) However --
15 (a) nothing in the Local Government Act 1995
16 Part 3 Division 2 Subdivision 2 (other than
17 sections 3.12(5) and (8), 3.14(1) and 3.15)
18 applies to or in respect of the making of local
19 laws by the Executive Director, Public Health;
20 and
21 (b) before making local laws, the Executive
22 Director, Public Health must consult with the
23 Authority, and consider any advice provided by
24 the Authority.
25 (5) If there is a conflict or inconsistency between a local
26 law made by the Executive Director, Public Health
27 under subsection (2) and a local law made by a local
28 government under the Local Government Act 1995 or
29 any other Act, the local law made by the Executive
30 Director, Public Health prevails to the extent of the
31 conflict or inconsistency.
32
page 20
City of Perth Bill 2015
Repeal and amendments to other Acts Part 4
Local Government Act 1960 Part VIA amended Division 3
s. 29
1 29. Section 53A inserted
2 After section 52 insert:
3
4 53A. Local laws do not apply to King's Park
5 (1) No local law applies to or in respect of King's Park.
6 (2) This section does not apply to or in respect of any local
7 law made by the Executive Director, Public Health
8 under section 44A(2).
9
10 Division 3 -- Local Government Act 1960 Part VIA amended
11 30. Act amended
12 (1) This Division amends the Local Government Act 1960 Part VIA
13 (as continued in operation by the Local Government Act 1995
14 Schedule 9.3 clause 16, and amended by the Local Government
15 (Amendment of Part VIA - Employee Superannuation)
16 Regulations 2006).
17 (2) The amendment of the Local Government Act 1960 Part VIA by
18 this Division does not prevent that Part from being amended by
19 regulations made under the Local Government Act 1995.
20 31. Section 170B amended
21 In section 170B(3) delete "section 29 of the City of Perth
22 Restructuring Act 1993," and insert:
23
24 the City of Perth Act 2015 section 23,
25
page 21
City of Perth Bill 2015
Part 4 Repeal and amendments to other Acts
Division 4 Local Government Act 1995 amended
s. 32
1 32. Section 170C amended
2 In section 170C(1) delete "section 29 of the City of Perth
3 Restructuring Act 1993," and insert:
4
5 the City of Perth Act 2015 section 23,
6
7 Division 4 -- Local Government Act 1995 amended
8 33. Act amended
9 This Division amends the Local Government Act 1995.
10 34. Section 5.78 amended
11 In section 5.78(1) delete "5.82, 5.83,".
12 35. Section 5.82 amended
13 (1) Delete section 5.82(1) and insert:
14
15 (1A) A relevant person is to disclose each gift received by
16 the person.
17 (1B) The disclosure is to be made in writing to the CEO.
18 (1C) The disclosure is to be made within 10 days of receipt
19 of the gift by the relevant person.
20 (1) The disclosure is to include the following --
21 (a) a description of the gift;
22 (b) the name and address of the person who made
23 the gift;
24 (c) the date on which the gift was received;
25 (d) the estimated value of the gift at the time it was
26 made;
page 22
City of Perth Bill 2015
Repeal and amendments to other Acts Part 4
Local Government Act 1995 amended Division 4
s. 36
1 (e) the nature of the relationship between the
2 relevant person and the person who made the
3 gift.
4
5 (2) In section 5.82(2):
6 (a) delete "in a return";
7 (b) in paragraph (a)(i) delete "the return period; and" and
8 insert:
9
10 a year; and
11
12 36. Section 5.83 amended
13 (1) Delete section 5.83(1) and insert:
14
15 (1A) A relevant person is to disclose each financial or other
16 contribution that has been made to any travel
17 undertaken by the person.
18 (1B) The disclosure is to be made in writing to the CEO.
19 (1C) The disclosure is to be made within 10 days of receipt
20 of the contribution by the relevant person.
21 (1) The disclosure is to include the following --
22 (a) a description of the contribution;
23 (b) the name and address of the person who made
24 the contribution;
25 (c) the date on which the contribution was
26 received;
27 (d) the estimated value of the contribution at the
28 time it was made;
29 (e) the nature of the relationship between the
30 relevant person and the person who made the
31 contribution;
page 23
City of Perth Bill 2015
Part 4 Repeal and amendments to other Acts
Division 4 Local Government Act 1995 amended
s. 37
1 (f) a description of the travel;
2 (g) the date of travel.
3
4 (2) In section 5.83(2):
5 (a) delete "in a return";
6 (b) in paragraph (d)(i) delete "the return period; and" and
7 insert:
8
9 a year; and
10
11 37. Sections 5.89A and 5.89B inserted
12 After section 5.88 insert:
13
14 5.89A. Register of gifts and contributions to travel
15 (1) A CEO is to keep a register of gifts and contributions
16 to travel.
17 (2) The register is to contain a record of the disclosures
18 made under sections 5.82 and 5.83.
19 (3) The register is to be in the form that is prescribed (if
20 any).
21 (4) The CEO is to make the register available for public
22 inspection.
23 (5) The CEO is to publish the register on the local
24 government's official website.
25 (6) As soon as practicable after a person ceases to be a
26 person who is required under section 5.82 or 5.83 to
27 make a disclosure, the CEO is to remove from the
28 register all records relating to that person.
page 24
City of Perth Bill 2015
Repeal and amendments to other Acts Part 4
Local Government Act 1995 amended Division 4
s. 38
1 (7) Disclosures made under section 5.82 or 5.83 and
2 removed from the register under subsection (6) are, for
3 a period of at least 5 years after the person who made
4 the disclosure ceases to be a person required under
5 section 5.82 or 5.83 to make a disclosure --
6 (a) to be kept by the CEO; and
7 (b) to be made available for public inspection.
8 5.89B. Offence to fail to disclose under sections 5.82 and
9 5.83
10 A relevant person must comply with the requirements
11 of sections 5.82 and 5.83 in relation to the disclosure of
12 information.
13 Penalty: a fine of $10 000 or imprisonment for 2 years.
14
15 38. Section 5.89 amended
16 In section 5.89 delete "5.70 or 5.71" and insert:
17
18 5.70, 5.71, 5.82 or 5.83
19
20 39. Section 9.25 amended
21 In section 9.25(1) after "5.78," insert:
22
23 5.89B,
24
page 25
City of Perth Bill 2015
Schedule 1 Map of City of Perth (effective 1 July 2016) (indicative only)
1 Schedule 1 -- Map of City of Perth (effective 1 July 2016)
2 (indicative only)
3 [s. 18(2)]
4
page 26
City of Perth Bill 2015
Defined terms
Defined terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined term Provision(s)
Authority ............................................................................................................... 3
City of Perth .......................................................................................................... 3
City of Perth Council ............................................................................................ 3
City of Perth scheme ...................................................................................... 23(1)
Committee............................................................................................................. 3
councillor .............................................................................................................. 3
Deposited Plan ...................................................................................................... 3
employee ........................................................................................................ 23(1)
employer ........................................................................................................ 23(1)
industry scheme ............................................................................................. 23(1)
ord Mayor ........................................................................................................... 3
Minister for Local Government ..................................................................... 12(2)
section 2.1 order............................................................................................. 21(1)
specified ......................................................................................................... 25(1)
transitional matter .......................................................................................... 25(1)
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