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This is a Bill, not an Act. For current law, see the Acts databases.


LOCAL GOVERNMENT AMENDMENT BILL 2011

                    Western Australia


 


 

ocal Government Amendment Bill 2011 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Local Government Act 1995 amended Division 1 -- Act amended 3. Act amended 3 Division 2 -- Amendments about disqualification from membership of a council Subdivision 1 -- Disqualification due to membership of parliament 4. Section 2.19 amended 3 5. Section 2.20 amended 3 6. Section 2.27 amended 4 7. Section 2.28 amended 4 8. Section 2.33 deleted 4 9. Section 2.34 amended 4 10. Section 4.8 amended 5 11. Section 4.16 amended 5 Subdivision 2 -- Disqualification due to a conviction 12. Section 2.22 amended 5 Division 3 -- Amendments about fees etc. for council members and remuneration for CEOs 13. Section 5.39 amended 6 14. Section 5.98 amended 6 241--2 page i Local Government Amendment Bill 2011 Contents 15. Section 5.98A amended 8 16. Section 5.99 amended 8 17. Section 5.99A amended 9 18. Section 5.100 amended 9 Division 4 -- Amendments about investment of money held by local governments 19. Section 6.14 amended 9 Division 5 -- Amendments about specified area rates and service charges 20. Section 6.37 amended 10 21. Section 6.38 amended 11 Division 6 -- Amendments about peremptory suspension of councils or the undertaking of remedial action 22. Part 8 Division 2A inserted 12 Division 2A -- Council may be peremptorily suspended or required to undertake remedial action 8.15B. Notice that council may be peremptorily suspended or required to undertake remedial action 12 8.15C. Minister may order that council be peremptorily suspended or required to undertake remedial action 13 23. Section 8.19 amended 14 24. Section 8.28 amended 15 Division 7 -- Amendments to Schedule 9.3 25. Schedule 9.3 amended 15 26. Schedule 9.3 Division 1 heading replaced and Schedule 9.3 Division 1 Subdivision 1 heading inserted 15 Division 1 -- Provisions for Local Government Act 1995 Subdivision 1 -- Preliminary 27. Schedule 9.3 Division 2 heading deleted and Schedule 9.3 Division 1 Subdivision 2 heading inserted 15 page ii Local Government Amendment Bill 2011 Contents Subdivision 2 -- Continuation of constitutional arrangements, membership and appointments 28. Schedule 9.3 Division 3 heading deleted and Schedule 9.3 Division 1 Subdivision 3 heading inserted 16 Subdivision 3 -- Electoral matters 29. Schedule 9.3 Division 4 heading deleted and Schedule 9.3 Division 1 Subdivision 4 heading inserted 16 Subdivision 4 -- Administration 30. Schedule 9.3 Division 5 heading deleted and Schedule 9.3 Division 1 Subdivision 5 heading inserted 16 Subdivision 5 -- Financial management and audit 31. Schedule 9.3 Division 6 heading deleted and Schedule 9.3 Division 1 Subdivision 6 heading inserted 16 Subdivision 6 -- Former by-laws, uniform general by-laws and regulations 32. Schedule 9.3 Division 7 heading deleted and Schedule 9.3 Division 1 Subdivision 7 heading inserted 17 Subdivision 7 -- Miscellaneous 33. Schedule 9.3 Division 2 inserted 17 Division 2 -- Provisions for the Local Government Amendment Act 2011 42. Term used: amending Act 17 In this Division -- 17 43. Saving provisions for CEOs 17 44. Section 6.14(1) does not apply to existing investments 18 Part 3 -- Rates and Charges (Rebates and Deferments) Act 1992 amended 34. Act amended 19 35. Section 3 amended 19 36. Section 40 amended 19 page iii Local Government Amendment Bill 2011 Contents Part 4 -- Salaries and Allowances Act 1975 amended 37. Act amended 22 38. Section 7A replaced 22 7A. Determinations as to remuneration of local government CEOs 22 39. Section 7B inserted 22 7B. Determinations as to fees and allowances of local government councillors 22 40. Section 8 amended 23 41. Section 10 amended 24 page iv Western Australia LEGISLATIVE ASSEMBLY (As amended in Committee) Local Government Amendment Bill 2011 A Bill for An Act to amend --  the Local Government Act 1995; and  the Rates and Charges (Rebates and Deferments) Act 1992; and  the Salaries and Allowances Act 1975. The Parliament of Western Australia enacts as follows: page 1 Local Government Amendment Bill 2011 0BPart 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Local Government Amendment Act 2011. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Act amended 4BDivision 1 s. 3 1 Part 2 -- Local Government Act 1995 amended 2 Division 1 -- Act amended 3 3. Act amended 4 This Part amends the Local Government Act 1995. 5 Division 2 -- Amendments about disqualification from 6 membership of a council 7 Subdivision 1 -- Disqualification due to membership of parliament 8 4. Section 2.19 amended 9 In section 2.19(1): 10 (a) delete paragraph (c); 11 (b) in paragraph (d) after "section" insert: 12 13 2.20, 14 15 (c) after each of paragraphs (a) and (b) insert: 16 17 and 18 19 5. Section 2.20 amended 20 In section 2.20(1) delete "from being elected as a member" and 21 insert: 22 23 for membership 24 25 Note: The heading to amended section 2.20 is to read: 26 Members of parliament disqualified page 3 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 5BDivision 2 Amendments about disqualification from membership of a council s. 6 1 6. Section 2.27 amended 2 In section 2.27(1) in the definition of disqualified paragraph (b) 3 after "section" insert: 4 5 2.20, 6 7 7. Section 2.28 amended 8 In section 2.28 in the Table item 6 in the column headed "How 9 elected" delete the passage that begins with "Elected at an" and 10 ends with "extraordinary election" and insert: 11 Elected at an extraordinary election to fill a vacancy arising by resignation including an election required under section 4.57 or 4.58 in respect of such an extraordinary election 12 13 8. Section 2.33 deleted 14 Delete section 2.33. 15 9. Section 2.34 amended 16 In section 2.34(1): 17 (a) in paragraph (a) delete "2.32 or 2.33;" and insert: 18 19 2.32; or 20 21 (b) after paragraph (b) insert: 22 23 or 24 page 4 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments about disqualification from membership of a 5BDivision 2 council s. 10 1 10. Section 4.8 amended 2 In section 4.8(1) delete "or 2.33". 3 11. Section 4.16 amended 4 Delete section 4.16(5). 5 Subdivision 2 -- Disqualification due to a conviction 6 12. Section 2.22 amended 7 (1) In section 2.22(1): 8 (a) in paragraph (b) delete "offence." and insert: 9 10 offence; or 11 12 (b) after paragraph (b) insert: 13 14 (c) has been convicted on indictment of an offence 15 for which the indictable penalty was or 16 included -- 17 (i) imprisonment for life; or 18 (ii) imprisonment for more than 5 years. 19 20 (2) In section 2.22(3) insert in alphabetical order: 21 22 indictable penalty means the penalty that the relevant 23 law specified for the offence in the event of a person 24 being convicted of the offence on indictment; 25 offence means an offence against a law of this State, 26 the Commonwealth, another State or a Territory; 27 page 5 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 6BDivision 3 Amendments about fees etc. for council members and remuneration for CEOs s. 13 1 Division 3 -- Amendments about fees etc. for council members 2 and remuneration for CEOs 3 13. Section 5.39 amended 4 Delete section 5.39(7) and insert: 5 6 (7) A CEO is to be paid or provided with such 7 remuneration as is determined by the Salaries and 8 Allowances Tribunal under the Salaries and 9 Allowances Act 1975 section 7A. 10 (8) A local government is to ensure that subsection (7) is 11 complied with in entering into, or renewing, a contract 12 of employment with a CEO. 13 14 14. Section 5.98 amended 15 (1) Before section 5.98(1) insert: 16 17 (1A) In this section -- 18 determined means determined by the Salaries and 19 Allowances Tribunal under the Salaries and 20 Allowances Act 1975 section 7B. 21 22 (2) In section 5.98(1): 23 (a) in paragraph (a) delete "prescribed minimum fee" and 24 insert: 25 26 fee determined 27 page 6 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments about fees etc. for council members and 6BDivision 3 remuneration for CEOs s. 14 1 (b) in paragraph (b) delete "prescribed range" and insert: 2 3 range determined 4 5 (3) In section 5.98(2A): 6 (a) in paragraph (a) delete "prescribed minimum fee" and 7 insert: 8 9 fee determined 10 11 (b) in paragraph (b) delete "prescribed range" and insert: 12 13 range determined 14 15 (4) In section 5.98(3): 16 (a) delete paragraph (a) and insert: 17 18 (a) where the extent of reimbursement for the 19 expense has been determined, to that extent; or 20 21 (b) in paragraph (b) delete "prescribed range (if any) of " 22 and insert: 23 24 range determined for 25 26 (5) In section 5.98(5): 27 (a) in paragraph (a) delete "prescribed minimum annual 28 local government allowance" and insert: 29 30 annual local government allowance determined 31 page 7 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 6BDivision 3 Amendments about fees etc. for council members and remuneration for CEOs s. 15 1 (b) in paragraph (b) delete "prescribed range" and insert: 2 3 range determined 4 5 15. Section 5.98A amended 6 In section 5.98A(1) delete the passage that begins with 7 "prescribed percentage" and continues to the end of the 8 subsection and insert: 9 10 percentage that is determined by the Salaries and 11 Allowances Tribunal under the Salaries and 12 Allowances Act 1975 section 7B of the annual local 13 government allowance to which the mayor or president 14 is entitled under section 5.98(5). 15 16 16. Section 5.99 amended 17 Delete section 5.99(a) and (b) and insert: 18 19 (a) the annual fee determined by the Salaries and 20 Allowances Tribunal under the Salaries and 21 Allowances Act 1975 section 7B; or 22 (b) where the local government has set a fee within 23 the range for annual fees determined by that 24 Tribunal under that section, that fee. 25 page 8 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments about investment of money held by local 7BDivision 4 governments s. 17 1 17. Section 5.99A amended 2 In section 5.99A: 3 (a) in paragraph (a) delete "prescribed minimum annual 4 allowance" and insert: 5 6 annual allowance determined by the Salaries 7 and Allowances Tribunal under the Salaries 8 and Allowances Act 1975 section 7B 9 10 (b) in paragraph (b) delete "prescribed range" and insert: 11 12 range determined by the Salaries and 13 Allowances Tribunal under the Salaries and 14 Allowances Act 1975 section 7B 15 16 18. Section 5.100 amended 17 In section 5.100(2)(b) delete "prescribed" and insert: 18 19 determined 20 21 Division 4 -- Amendments about investment of money held by 22 local governments 23 19. Section 6.14 amended 24 (1) Delete section 6.14(1) and insert: 25 26 (1) Money held in the municipal fund or the trust fund of a 27 local government that is not, for the time being, 28 required by the local government for any other purpose 29 may be invested as trust funds may be invested under 30 the Trustees Act 1962 Part III. page 9 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 8BDivision 5 Amendments about specified area rates and service charges s. 20 1 (2A) A local government is to comply with the regulations 2 when investing money referred to in subsection (1). 3 4 (2) In section 6.14(2) after "may --" insert: 5 6 (a) make provision in respect of the investment of 7 money referred to in subsection (1); and 8 9 Division 5 -- Amendments about specified area rates and 10 service charges 11 20. Section 6.37 amended 12 After section 6.37(5) insert: 13 14 (6) Where -- 15 (a) before the coming into operation of the Local 16 Government Amendment Act 2011 Part 2 17 Division 5, a specified area rate was imposed, 18 or purportedly imposed, under this section by a 19 local government for the purpose of the 20 provision of underground electricity; and 21 (b) the underground electricity was not, or will not, 22 be provided, or not wholly provided, by the 23 local government, 24 the rate is, and is taken always to have been, as validly 25 imposed under this section as it would have been if, at 26 the time of the imposition of the rate, the local 27 government were to provide the underground 28 electricity. 29 page 10 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments about specified area rates and service charges 8BDivision 5 s. 21 1 21. Section 6.38 amended 2 (1) In section 6.38(1) delete "of providing a prescribed service" and 3 insert: 4 5 to the local government in the provision of a prescribed 6 work, service or facility 7 8 (2) In section 6.38(2)(b) delete "service." and insert: 9 10 work, service or facility. 11 12 (3) In section 6.38(3)(b) and (4)(a) delete "service" and insert: 13 14 work, service or facility 15 16 (4) After section 6.38(6) insert: 17 (7) This section applies in respect of a prescribed work, 18 service or facility even if the work, service or facility is 19 not provided, or not wholly provided, by a local 20 government if the local government has facilitated or 21 participated in the provision of the work, service or 22 facility. 23 (8) Where -- 24 (a) before the coming into operation of the Local 25 Government Amendment Act 2011 Part 2 26 Division 5, a service charge was imposed, or 27 purportedly imposed, under this section by a 28 local government for the purpose of the 29 provision of underground electricity; and page 11 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 9BDivision 6 Amendments about peremptory suspension of councils or the undertaking of remedial action s. 22 1 (b) the underground electricity was not, or will not, 2 be provided, or not wholly provided, by the 3 local government, 4 the charge is, and is taken always to have been, as 5 validly imposed under this section as it would have 6 been if, at the time of the imposition of the charge, the 7 amendments effected by Local Government 8 Amendment Act 2011 Part 2 Division 5 had been in 9 effect and the provision of underground electricity had 10 been a prescribed work. 11 12 Division 6 -- Amendments about peremptory suspension of 13 councils or the undertaking of remedial action 14 22. Part 8 Division 2A inserted 15 After section 8.15A insert: 16 17 Division 2A -- Council may be peremptorily suspended 18 or required to undertake remedial action 19 8.15B. Notice that council may be peremptorily suspended 20 or required to undertake remedial action 21 (1) Before the Minister makes an order under 22 section 8.15C(2), the Minister is to give a notice (a 23 show cause notice) in writing to the local government 24 of the intention to do one or both of the following -- 25 (a) suspend the council of the local government; 26 (b) require the council, or one or more of the 27 members of the council, to undertake such 28 remedial action as is specified in the notice. 29 (2) Within 21 days of receiving a show cause notice, or 30 such longer period as the Minister allows, the local page 12 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments about peremptory suspension of councils or the 9BDivision 6 undertaking of remedial action s. 22 1 government is to give the Minister a written response 2 to the notice. 3 8.15C. Minister may order that council be peremptorily 4 suspended or required to undertake remedial action 5 (1) This section applies if the Minister thinks that -- 6 (a) the seriousness or duration of a suspected 7 failure of the council of a local government to 8 ensure that the local government performs its 9 functions properly; or 10 (b) such other factors as the Minister considers 11 relevant, 12 make it inappropriate for the council to act, or to 13 continue to act, without intervention under this section, 14 as the governing body of the local government, 15 whether or not there has been an inquiry under 16 Division 1. 17 (2) The Minister may -- 18 (a) after receiving the local government's response 19 under section 8.15B(2); or 20 (b) after the time allowed by or under 21 section 8.15B(2) runs out, if no response has 22 been received by then, 23 by order, do one or more of the following -- 24 (c) suspend the council; 25 (d) require the council, or one or more of the 26 members of the council, to undertake such 27 remedial action as is specified in the order. page 13 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 9BDivision 6 Amendments about peremptory suspension of councils or the undertaking of remedial action s. 23 1 (3) An order under this section suspending a council 2 ceases to have effect when -- 3 (a) an Inquiry Panel is appointed to conduct an 4 inquiry and make a report about the local 5 government; or 6 (b) the council is reinstated by the Minister under 7 section 8.28(3); or 8 (c) the period of 6 months from when the order 9 was made ends, 10 whichever happens soonest. 11 12 23. Section 8.19 amended 13 (1) In section 8.19(1)(a) and (b) delete "to continue to act" (each 14 occurrence) and insert: 15 16 to act, or to continue to act, 17 18 (2) In section 8.19(2) after "when the suspension" insert: 19 20 under an order made under this section 21 22 (3) After section 8.19(2) insert: 23 24 (3) If a council is already suspended under section 8.15C, 25 then an order may be made under subsection (1) 26 extending the suspension of the council and, for the 27 purpose of this Act, such an order is to be taken to be 28 an order suspending the council made under this 29 section. 30 page 14 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments to Schedule 9.3 10BDivision 7 s. 24 1 24. Section 8.28 amended 2 In section 8.28(1) and (2) delete "a council" and insert: 3 4 a council, other than an order made under section 8.15C(2), 5 6 Division 7 -- Amendments to Schedule 9.3 7 25. Schedule 9.3 amended 8 Delete the reference after the heading to Schedule 9.3 and 9 insert: 10 11 [Section 9.71] 12 13 26. Schedule 9.3 Division 1 heading replaced and Schedule 9.3 14 Division 1 Subdivision 1 heading inserted 15 Delete the heading to Schedule 9.3 Division 1 and insert: 16 17 Division 1 -- Provisions for Local Government Act 1995 18 Subdivision 1 -- Preliminary 19 20 27. Schedule 9.3 Division 2 heading deleted and Schedule 9.3 21 Division 1 Subdivision 2 heading inserted 22 Delete the heading to Schedule 9.3 Division 2 and insert: 23 24 Subdivision 2 -- Continuation of constitutional arrangements, 25 membership and appointments 26 page 15 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 10BDivision 7 Amendments to Schedule 9.3 s. 28 1 28. Schedule 9.3 Division 3 heading deleted and Schedule 9.3 2 Division 1 Subdivision 3 heading inserted 3 Delete the heading to Schedule 9.3 Division 3 and insert: 4 5 Subdivision 3 -- Electoral matters 6 7 29. Schedule 9.3 Division 4 heading deleted and Schedule 9.3 8 Division 1 Subdivision 4 heading inserted 9 Delete the heading to Schedule 9.3 Division 4 and insert: 10 11 Subdivision 4 -- Administration 12 13 30. Schedule 9.3 Division 5 heading deleted and Schedule 9.3 14 Division 1 Subdivision 5 heading inserted 15 Delete the heading to Schedule 9.3 Division 5 and insert: 16 17 Subdivision 5 -- Financial management and audit 18 19 31. Schedule 9.3 Division 6 heading deleted and Schedule 9.3 20 Division 1 Subdivision 6 heading inserted 21 Delete the heading to Schedule 9.3 Division 6 and insert: 22 23 Subdivision 6 -- Former by-laws, uniform general by-laws 24 and regulations 25 page 16 Local Government Amendment Bill 2011 Local Government Act 1995 amended 1BPart 2 Amendments to Schedule 9.3 10BDivision 7 s. 32 1 32. Schedule 9.3 Division 7 heading deleted and Schedule 9.3 2 Division 1 Subdivision 7 heading inserted 3 Delete the heading to Schedule 9.3 Division 7 and insert: 4 5 Subdivision 7 -- Miscellaneous 6 7 33. Schedule 9.3 Division 2 inserted 8 At the end of Schedule 9.3 insert: 9 10 Division 2 -- Provisions for the Local Government 11 Amendment Act 2011 12 42. Term used: amending Act 13 In this Division -- 14 amending Act means the Local Government Amendment 15 Act 2011. 16 43. Saving provisions for CEOs 17 (1) In this clause -- 18 preserved CEO, in relation to a local government, means a 19 person who is employed, other than in an acting or 20 temporary capacity, as the CEO of the local government on 21 19 October 2011. 22 (2) Section 5.39(7) does not apply in respect of -- 23 (a) a CEO for such time as that person is employed 24 under a contract of employment -- 25 (i) that was entered into or renewed before 26 section 13 of the amending Act came into 27 operation; or page 17 Local Government Amendment Bill 2011 1BPart 2 Local Government Act 1995 amended 10BDivision 7 Amendments to Schedule 9.3 s. 33 1 (ii) for a position that was advertised before 2 section 13 of the amending Act came into 3 operation; 4 or 5 (b) a preserved CEO of a local government if -- 6 (i) the remuneration paid or provided to the 7 CEO on 19 October 2011 under a contract 8 of employment was more than the amount 9 recommended by the Salaries and 10 Allowances Tribunal under the Salaries and 11 Allowances Act 1975 section 7A to be paid 12 or provided to the CEO at that time; and 13 (ii) the CEO continues to be employed as the 14 CEO of that local government. 15 (3) Section 5.39(8) does not apply to a local government that is 16 renewing a contract of employment with its preserved CEO 17 in the circumstances set out in subsection (2)(b). 18 (4) Before a local government renews a contract with its 19 preserved CEO in circumstances set out in subsection (2)(b), 20 the local government must take into account any 21 determination by the Salaries and Allowances Tribunal 22 under the Salaries and Allowances Act 1975 section 7A as 23 to the remuneration to be paid or provided to a CEO of a 24 local government that is of a comparable size and location. 25 44. Section 6.14(1) does not apply to existing investments 26 Section 6.14(1) as in force immediately before the coming 27 into operation of section 19(1) of the amending Act (the 28 amending provision) continues to operate in respect of any 29 investment made under section 6.14(1) before the coming 30 into operation of the amending provision but does not 31 operate so as to allow any reinvestment under that provision. 32 page 18 Local Government Amendment Bill 2011 Rates and Charges (Rebates and Deferments) Act 1992 2BPart 3 amended s. 34 1 Part 3 -- Rates and Charges (Rebates and Deferments) 2 Act 1992 amended 3 34. Act amended 4 This Part amends the Rates and Charges (Rebates and 5 Deferments) Act 1992. 6 35. Section 3 amended 7 (1) In section 3(1) in the definition of charged period delete 8 "made;" and insert: 9 10 made and has a meaning affected by section 40(2A); 11 12 (2) In section 3(1) in the definition of prescribed charge after 13 paragraph (c) insert: 14 15 (da) a charge, by way of a service charge, made 16 under the Local Government Act 1995 17 section 6.38 in relation to the provision of 18 underground electricity; or 19 20 36. Section 40 amended 21 (1) After section 40(1) insert: 22 23 (2A) Despite anything else in this Act, this section does not apply to 24 an eligible senior in respect of a prescribed charge for the 25 provision of underground electricity for any charged period 26 other than the first year or part of the first year for which that 27 charge is to be or was made. 28 page 19 Local Government Amendment Bill 2011 2BPart 3 Rates and Charges (Rebates and Deferments) Act 1992 amended s. 36 1 (2) In section 40(5) in the definition of the variable "PC" delete 2 "(9)(a);" and insert: 3 4 (9) in respect of an eligible senior; 5 6 (3) In section 40(6) in the definition of the variable "PC" delete 7 "(9)(b);" and insert: 8 9 (9) in respect of an eligible pensioner; 10 11 (4) In section 40(7): 12 (a) in the definition of the variable "PCS" delete "(9)(a);" 13 and insert: 14 15 (9) in respect of an eligible senior; 16 17 (b) in the definition of the variable "PCP" delete "(9)(b);" 18 and insert: 19 20 (9) in respect of an eligible pensioner; 21 22 (5) In section 40(9): 23 (a) in paragraph (b) after "drainage" insert: 24 25 or underground electricity 26 27 (b) in paragraph (b) delete "concerned; and" and insert: 28 29 concerned; 30 page 20 Local Government Amendment Bill 2011 Rates and Charges (Rebates and Deferments) Act 1992 2BPart 3 amended s. 36 1 (c) delete paragraph (c) and insert: 2 3 (c) for an eligible senior, on any prescribed charge 4 for the provision of underground electricity -- 5 25% of the prescribed charge concerned, up to 6 such limit as is prescribed; 7 (d) on any other prescribed charge -- 8 (i) for an eligible senior -- the prescribed 9 percentage of the charge, up to such 10 limit as is prescribed; 11 (ii) for an eligible pensioner -- the 12 prescribed percentage of the charge. 13 page 21 Local Government Amendment Bill 2011 3BPart 4 Salaries and Allowances Act 1975 amended s. 37 1 Part 4 -- Salaries and Allowances Act 1975 amended 2 37. Act amended 3 This Part amends the Salaries and Allowances Act 1975. 4 38. Section 7A replaced 5 Delete section 7A and insert: 6 7 7A. Determinations as to remuneration of local 8 government CEOs 9 (1) The Tribunal is to, from time to time as provided by 10 this Act, inquire into and determine, the amount of 11 remuneration, or the minimum and maximum amounts 12 of remuneration, to be paid or provided to chief 13 executive officers of local governments. 14 (2) Section 6(2) and (3) apply to a determination under this 15 section. 16 17 39. Section 7B inserted 18 After section 7A insert: 19 20 7B. Determinations as to fees and allowances of local 21 government councillors 22 (1) In this section -- 23 elected council member means a person elected under 24 the Local Government Act 1995 as a member of the 25 council of a local government. 26 (2) The Tribunal is to, from time to time as provided by 27 this Act, inquire into and determine -- 28 (a) the amount of fees, or the minimum and 29 maximum amounts of fees, to be paid under the page 22 Local Government Amendment Bill 2011 Salaries and Allowances Act 1975 amended 3BPart 4 s. 40 1 Local Government Act 1995 to elected council 2 members for attendance at meetings; and 3 (b) the amount of expenses, or the minimum and 4 maximum amounts of expenses, to be 5 reimbursed under the Local Government 6 Act 1995 to elected council members; and 7 (c) the amount of allowances, or the minimum and 8 maximum amounts of allowances, to be paid 9 under the Local Government Act 1995 to 10 elected council members. 11 (3) Section 6(2) and (3) apply to a determination under this 12 section. 13 14 40. Section 8 amended 15 In section 8: 16 (a) in paragraph (c) delete "report under section 7A and 17 another." and insert: 18 19 determination under section 7A and another; and 20 21 (b) after paragraph (c) insert: 22 23 (d) not more than a year elapses between one 24 determination under section 7B(2) and another. 25 26 (c) after paragraph (a) insert: 27 28 and 29 page 23 Local Government Amendment Bill 2011 3BPart 4 Salaries and Allowances Act 1975 amended s. 41 1 41. Section 10 amended 2 In section 10(4)(c) delete the passage that begins with "to the 3 remuneration" and continues to the end of the subsection and 4 insert: 5 6 to -- 7 (i) the remuneration to be paid or provided 8 to chief executive officers of local 9 governments referred to in section 7A; 10 or 11 (ii) the fees, expenses and allowances to be 12 paid to elected council members 13 referred to in section 7B. 14

 


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