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LOCAL GOVERNMENT AMENDMENT (REGIONAL SUBSIDIARIES) BILL 2010

                  Western Australia


 


 

ocal Government Amendment (Regional Subsidiaries) Bill 2010 CONTENTS 1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 1.4 amended 2 5. Section 3.60 amended 2 6. Part 3 Division 4 heading amended 3 7. Section 3.68 amended 3 8. Section 3.69 inserted 3 3.69. Regional subsidiaries 3 184--1 page i Western Australia LEGISLATIVE COUNCIL (Introduced by Hon Max Trenorden, MLC) Local Government Amendment (Regional Subsidiaries) Bill 2010 A Bill for An Act to amend the Local Government Act 1995. The Parliament of Western Australia enacts as follows: page 1 Local Government Amendment (Regional Subsidiaries) Bill 2010 s. 1 1 1. Short title 2 This is the Local Government Amendment (Regional 3 Subsidiaries) Act 2010. 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. 10 3. Act amended 11 This Act amends the Local Government Act 1995. 12 4. Section 1.4 amended 13 In section 1.4 insert in alphabetical order: 14 15 regional local government means a regional local 16 government established under section 3.61; 17 regional subsidiary has the meaning given in 18 section 3.69(1); 19 20 5. Section 3.60 amended 21 In section 3.60 before "unless" insert: 22 23 or regional subsidiary 24 page 2 Local Government Amendment (Regional Subsidiaries) Bill 2010 s. 6 1 6. Part 3 Division 4 heading amended 2 In the heading to Part 3 Division 4 after "governments" insert: 3 4 and regional subsidiaries 5 6 7. Section 3.68 amended 7 In section 3.68 delete "this Division" and insert: 8 9 sections 3.61 to 3.67 10 11 8. Section 3.69 inserted 12 At the end of Part 3 Division 4 insert: 13 14 3.69. Regional subsidiaries 15 (1) Two or more local governments making arrangements 16 under which they are to perform a function jointly may, 17 with the Minister's approval, form a subsidiary body 18 (a regional subsidiary) to perform that function. 19 (2) Regulations may -- 20 (a) regulate the procedure for applying to the 21 Minister for approval for the formation of a 22 regional subsidiary; and 23 (b) require the local governments proposing to 24 form a regional subsidiary to prepare a charter 25 addressing the matters required by the 26 regulations to be dealt with in a charter, and to 27 forward the charter to the Minister when 28 applying for approval; and page 3 Local Government Amendment (Regional Subsidiaries) Bill 2010 s. 8 1 (c) provide for the establishment, corporate status 2 and powers and duties of a regional subsidiary; 3 and 4 (d) regulate the governance and management of a 5 regional subsidiary; and 6 (e) regulate the operational and financial planning, 7 auditing and reporting to be undertaken by a 8 regional subsidiary; and 9 (f) provide for the winding up of a regional 10 subsidiary; and 11 (g) provide that a specified provision of this Act 12 applies in relation to a regional subsidiary 13 subject to any prescribed or necessary 14 modifications; and 15 (h) provide for or regulate any other matter that is 16 necessary or convenient to be provided for or 17 regulated in respect of a regional subsidiary. 18 (3) This section has effect in addition to the provisions of 19 this Division relating to regional local governments, 20 and does not derogate from those provisions. 21 (4) Nothing in this section prevents local governments 22 from making arrangements under which -- 23 (a) a local government performs a function for 24 another local government; or 25 (b) local governments perform a function jointly 26 without forming a regional subsidiary. 27 28

 


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