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


LOCAL GOVERNMENT AMENDMENT (REGIONAL SUBSIDIARIES) BILL 2014

                   Western Australia


 


 

ocal Government Amendment (Regional Subsidiaries) Bill 2014 Contents Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Local Government Act 1995 amended 3. Act amended 3 4. Section 1.4 amended 3 5. Section 3.60 amended 3 6. Part 3 Division 4 heading amended 3 7. Section 3.68 amended 3 8. Section 3.69 inserted 4 3.69. Regional subsidiaries 4 Part 3 -- Other Acts amended Division 1 -- Biosecurity and Agriculture Management Act 2007 amended 9. Act amended 7 10. Section 6 amended 7 Division 2 -- Building Act 2011 amended 11. Act amended 7 12. Section 125 amended 7 Division 3 -- Building Services (Registration) Act 2011 amended 13. Act amended 8 14. Section 3 amended 8 83--1 page i Local Government Amendment (Regional Subsidiaries) Bill 2014 Contents Division 4 -- Business Names (Commonwealth Powers) Act 2012 amended 15. Act amended 8 16. Section 3 amended 8 Division 5 -- Child Care Services Act 2007 amended 17. Act amended 9 18. Section 3 amended 9 Division 6 -- Children and Community Services Act 2004 amended 19. Act amended 9 20. Section 3 amended 9 Division 7 -- Civil Judgments Enforcement Act 2004 amended 21. Act amended 10 22. Section 63 amended 10 23. Section 107 amended 10 Division 8 -- Civil Liability Act 2002 amended 24. Act amended 10 25. Section 5U amended 10 Division 9 -- Commissioner for Children and Young People Act 2006 amended 26. Act amended 11 27. Section 5 amended 11 Division 10 -- Community Protection (Offender Reporting) Act 2004 amended 28. Act amended 11 29. Section 3 amended 11 Division 11 -- The Criminal Code amended 30. Act amended 12 31. Section 446 amended 12 Division 12 -- Duties Act 2008 amended 32. Act amended 12 33. Section 3 amended 12 Division 13 -- Emergency Management Act 2005 amended 34. Act amended 12 35. Section 3 amended 13 page ii Local Government Amendment (Regional Subsidiaries) Bill 2014 Contents Division 14 -- Fines, Penalties and Infringement Notices Enforcement Act 1994 amended 36. Act amended 13 37. Section 70 amended 13 Division 15 -- Freedom of Information Act 1992 amended 38. Act amended 13 39. Glossary amended 13 Division 16 -- Industrial Relations Act 1979 amended 40. Act amended 14 41. Section 7 amended 14 Division 17 -- Interpretation Act 1984 amended 42. Act amended 14 43. Section 5 amended 14 Division 18 -- Liquor Control Act 1988 amended 44. Act amended 15 45. Section 37 amended 15 Division 19 -- Lotteries Commission Act 1990 amended 46. Act amended 15 47. Section 19 amended 15 Division 20 -- Magistrates Court (Civil Proceedings) Act 2004 amended 48. Act amended 15 49. Section 3 amended 16 Division 21 -- Minerals Research Institute of Western Australia Act 2013 amended 50. Act amended 16 51. Section 11 amended 16 Division 22 -- Parliamentary Commissioner Act 1971 amended 52. Act amended 16 53. Section 4A amended 16 Division 23 -- Pay-roll Tax Assessment Act 2002 amended 54. Act amended 17 55. Section 40 amended 17 page iii Local Government Amendment (Regional Subsidiaries) Bill 2014 Contents Division 24 -- Public Interest Disclosure Act 2003 amended 56. Act amended 17 57. Section 3 amended 17 Division 25 -- Public Sector Management Act 1994 amended 58. Act amended 17 59. Section 102 amended 17 60. Schedule 1 amended 18 Division 26 -- Rail Safety Act 2010 amended 61. Act amended 18 62. Section 3 amended 18 Division 27 -- Road Traffic (Administration) Act 2008 amended 63. Act amended 19 64. Section 4 amended 19 Division 28 -- Stamp Act 1921 amended 65. Act amended 19 66. Section 4 amended 19 Division 29 -- State Records Act 2000 amended 67. Act amended 19 68. Schedule 1 amended 20 Division 30 -- Swan and Canning Rivers Management Act 2006 amended 69. Act amended 20 70. Section 3 amended 20 Division 31 -- Water Services Act 2012 amended 71. Act amended 20 72. Section 3 amended 20 Division 32 -- Western Australian Land Authority Act 1992 amended 73. Act amended 21 74. Section 16 amended 21 75. Section 17 amended 21 page iv Local Government Amendment (Regional Subsidiaries) Bill 2014 Contents Division 33 -- Western Australian Tourism Commission Act 1983 amended 76. Act amended 21 77. Section 3 amended 22 page v Western Australia LEGISLATIVE ASSEMBLY (Introduced by Mr Shane Love MLA) Local Government Amendment (Regional Subsidiaries) Bill 2014 A Bill for An Act to amend the Local Government Act 1995 to enable local governments to form regional subsidiaries and to make consequential amendments to other Acts. The Parliament of Western Australia enacts as follows: page 1 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Local Government Amendment (Regional 4 Subsidiaries) Act 2014. 5 2. Commencement 6 This Act comes into operation as follows -- 7 (a) sections 1 and 2 -- on the day on which this Act 8 receives the Royal Assent; 9 (b) the rest of the Act -- on a day fixed by proclamation, 10 and different days may be fixed for different provisions. page 2 Local Government Amendment (Regional Subsidiaries) Bill 2014 Local Government Act 1995 amended Part 2 s. 3 1 Part 2 -- Local Government Act 1995 amended 2 3. Act amended 3 This Part amends the Local Government Act 1995. 4 4. Section 1.4 amended 5 In section 1.4 insert in alphabetical order: 6 7 regional local government means a regional local 8 government established under section 3.61; 9 regional subsidiary has the meaning given in 10 section 3.69(1); 11 12 5. Section 3.60 amended 13 In section 3.60 before "unless" insert: 14 15 or regional subsidiary 16 17 6. Part 3 Division 4 heading amended 18 In the heading to Part 3 Division 4 after "governments" insert: 19 20 and regional subsidiaries 21 22 7. Section 3.68 amended 23 In section 3.68 delete "this Division" and insert: 24 25 sections 3.61 to 3.67 26 page 3 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 2 Local Government Act 1995 amended s. 8 1 8. Section 3.69 inserted 2 At the end of Part 3 Division 4 insert: 3 4 3.69. Regional subsidiaries 5 (1) Two or more local governments making arrangements 6 under which they are to provide a service or carry on 7 an activity jointly may, with the Minister's approval 8 and in accordance with the regulations, form a 9 subsidiary body (a regional subsidiary) to provide that 10 service or carry on that activity. 11 (2) A regional subsidiary -- 12 (a) is a body corporate with perpetual succession 13 and a common seal; and 14 (b) is to have a governing body consisting of 15 members appointed in accordance with the 16 charter on the basis of which the Minister 17 approved the formation of the regional 18 subsidiary or that charter as amended. 19 (3) Without limiting subsection (2)(b), a governing body 20 may consist of or include members who are not council 21 members or employees. 22 (4) Regulations may -- 23 (a) regulate the procedure for applying to the 24 Minister for approval for the formation of a 25 regional subsidiary; and 26 (b) require the local governments proposing to 27 form a regional subsidiary to consult with the 28 community in their districts in accordance with 29 the regulations; and 30 (c) require the local governments proposing to 31 form a regional subsidiary to prepare a charter 32 addressing the process for selecting and page 4 Local Government Amendment (Regional Subsidiaries) Bill 2014 Local Government Act 1995 amended Part 2 s. 8 1 appointing members of the regional 2 subsidiary's governing body and any other 3 matters required by the regulations to be dealt 4 with in a charter, and to forward the charter to 5 the Minister when applying for approval; and 6 (d) provide for the charter to be amended by 7 agreement made, with the Minister's approval, 8 by the local governments that form a regional 9 subsidiary; and 10 (e) provide for the establishment and powers and 11 duties of a regional subsidiary; and 12 (f) regulate the administration of a regional 13 subsidiary, including the membership and 14 procedures of its governing body, and provide 15 for the fees, allowances and expenses to be paid 16 or reimbursed to the members of its governing 17 body; and 18 (g) regulate the financial management, planning, 19 auditing and reporting to be undertaken by a 20 regional subsidiary; and 21 (h) provide for the winding up of a regional 22 subsidiary; and 23 (i) provide that a specified provision of this Act 24 applies in relation to a regional subsidiary 25 subject to any prescribed or necessary 26 modifications; and 27 (j) provide for or regulate any other matter that is 28 necessary or convenient to be provided for or 29 regulated in respect of a regional subsidiary. 30 (5) This section has effect in addition to the provisions of 31 this Division relating to regional local governments, 32 and does not derogate from those provisions. page 5 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 2 Local Government Act 1995 amended s. 8 1 (6) Nothing in this section prevents local governments 2 from making arrangements under which -- 3 (a) a local government provides a service or carries 4 on an activity for another local government; or 5 (b) local governments provide a service or carry on 6 an activity jointly without forming a regional 7 subsidiary. 8 page 6 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Biosecurity and Agriculture Management Act 2007 amended Division 1 s. 9 1 Part 3 -- Other Acts amended 2 Division 1 -- Biosecurity and Agriculture Management 3 Act 2007 amended 4 9. Act amended 5 This Division amends the Biosecurity and Agriculture 6 Management Act 2007. 7 10. Section 6 amended 8 In section 6 in the definition of public authority delete 9 paragraph (d) and insert: 10 11 (d) a local government, regional local government 12 or regional subsidiary; 13 14 Division 2 -- Building Act 2011 amended 15 11. Act amended 16 This Division amends the Building Act 2011. 17 12. Section 125 amended 18 In section 125(2) delete "government or regional local 19 government." and insert: 20 21 government, regional local government or regional subsidiary. 22 page 7 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 3 Building Services (Registration) Act 2011 amended s. 13 1 Division 3 -- Building Services (Registration) Act 2011 amended 2 13. Act amended 3 This Division amends the Building Services (Registration) 4 Act 2011. 5 14. Section 3 amended 6 In section 3 in the definition of public authority delete 7 paragraph (c) and insert: 8 9 (c) a local government, regional local government 10 or regional subsidiary; 11 12 Division 4 -- Business Names (Commonwealth Powers) 13 Act 2012 amended 14 15. Act amended 15 This Division amends the Business Names (Commonwealth 16 Powers) Act 2012. 17 16. Section 3 amended 18 In section 3 in the definition of government body delete 19 paragraph (b) and insert: 20 21 (b) a local government, regional local government 22 or regional subsidiary; 23 page 8 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Child Care Services Act 2007 amended Division 5 s. 17 1 Division 5 -- Child Care Services Act 2007 amended 2 17. Act amended 3 This Division amends the Child Care Services Act 2007. 4 18. Section 3 amended 5 In section 3 in the definition of public authority delete 6 paragraph (c) and insert: 7 8 (c) a local government, regional local government 9 or regional subsidiary; or 10 11 Division 6 -- Children and Community Services 12 Act 2004 amended 13 19. Act amended 14 This Division amends the Children and Community Services 15 Act 2004. 16 20. Section 3 amended 17 In section 3 in the definition of public authority delete 18 paragraph (c) and insert: 19 20 (c) a local government, regional local government 21 or regional subsidiary; or 22 page 9 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 7 Civil Judgments Enforcement Act 2004 amended s. 21 1 Division 7 -- Civil Judgments Enforcement Act 2004 amended 2 21. Act amended 3 This Division amends the Civil Judgments Enforcement 4 Act 2004. 5 22. Section 63 amended 6 In section 63(1) in the definition of public authority delete 7 "government or a regional local government." and insert: 8 9 government, regional local government or regional subsidiary. 10 11 23. Section 107 amended 12 In section 107(2)(b) delete "government or a regional local 13 government," and insert: 14 15 government, regional local government or regional subsidiary, 16 17 Division 8 -- Civil Liability Act 2002 amended 18 24. Act amended 19 This Division amends the Civil Liability Act 2002. 20 25. Section 5U amended 21 In section 5U in the definition of public body or officer delete 22 paragraph (f) and insert: 23 24 (f) a local government, regional local government 25 or regional subsidiary; or 26 page 10 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Commissioner for Children and Young People Act 2006 Division 9 amended s. 26 1 Division 9 -- Commissioner for Children and Young People 2 Act 2006 amended 3 26. Act amended 4 This Division amends the Commissioner for Children and 5 Young People Act 2006. 6 27. Section 5 amended 7 In section 5 in the definition of government agency delete 8 paragraph (c) and insert: 9 10 (c) a local government, regional local government 11 or regional subsidiary; or 12 13 Division 10 -- Community Protection (Offender Reporting) 14 Act 2004 amended 15 28. Act amended 16 This Division amends the Community Protection (Offender 17 Reporting) Act 2004. 18 29. Section 3 amended 19 In section 3 in the definition of public authority delete 20 paragraph (b) and insert: 21 22 (b) a local government, regional local government 23 or regional subsidiary; or 24 page 11 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 11 The Criminal Code amended s. 30 1 Division 11 -- The Criminal Code amended 2 30. Act amended 3 This Division amends The Criminal Code. 4 31. Section 446 amended 5 In section 446(1) in the definition of public property delete 6 paragraph (d) and insert: 7 8 (d) a local government, regional local government 9 or regional subsidiary. 10 11 Division 12 -- Duties Act 2008 amended 12 32. Act amended 13 This Division amends the Duties Act 2008. 14 33. Section 3 amended 15 In section 3 in the definition of local government paragraph (b) 16 after "government" insert: 17 18 or regional subsidiary 19 20 Division 13 -- Emergency Management Act 2005 amended 21 34. Act amended 22 This Division amends the Emergency Management Act 2005. page 12 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Fines, Penalties and Infringement Notices Enforcement Act Division 14 1994 amended s. 35 1 35. Section 3 amended 2 In section 3 in the definition of public authority delete 3 paragraph (c) and insert: 4 5 (c) a local government, regional local government 6 or regional subsidiary; 7 8 Division 14 -- Fines, Penalties and Infringement Notices 9 Enforcement Act 1994 amended 10 36. Act amended 11 This Division amends the Fines, Penalties and Infringement 12 Notices Enforcement Act 1994. 13 37. Section 70 amended 14 In section 70(1) in the definition of public authority delete 15 "government or a regional local government." and insert: 16 17 government, regional local government or regional subsidiary. 18 19 Division 15 -- Freedom of Information Act 1992 amended 20 38. Act amended 21 This Division amends the Freedom of Information Act 1992. 22 39. Glossary amended 23 (1) In the Glossary clause 1 in the definition of principal officer 24 after paragraph (d) insert: 25 26 (ea) in relation to a regional subsidiary -- the person 27 who manages the affairs of the regional subsidiary; 28 page 13 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 16 Industrial Relations Act 1979 amended s. 40 1 (2) In the Glossary clause 1 in the definition of public body or 2 office delete paragraph (d) and insert: 3 4 (d) a local government, regional local government or 5 regional subsidiary; or 6 7 Division 16 -- Industrial Relations Act 1979 amended 8 40. Act amended 9 This Division amends the Industrial Relations Act 1979. 10 41. Section 7 amended 11 In section 7(1) in the definition of public authority delete 12 "government or regional local government;" and insert: 13 14 government, regional local government or regional subsidiary; 15 16 Division 17 -- Interpretation Act 1984 amended 17 42. Act amended 18 This Division amends the Interpretation Act 1984. 19 43. Section 5 amended 20 In section 5 insert in alphabetical order: 21 22 regional subsidiary means a regional subsidiary 23 established under the Local Government Act 1995; 24 page 14 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Liquor Control Act 1988 amended Division 18 s. 44 1 Division 18 -- Liquor Control Act 1988 amended 2 44. Act amended 3 This Division amends the Liquor Control Act 1988. 4 45. Section 37 amended 5 In section 37(1A) in the definition of public body delete 6 paragraph (c) and insert: 7 8 (c) a local government, regional local government 9 or regional subsidiary; or 10 11 Division 19 -- Lotteries Commission Act 1990 amended 12 46. Act amended 13 This Division amends the Lotteries Commission Act 1990. 14 47. Section 19 amended 15 In section 19 in the definition of eligible organization delete 16 paragraph (b) and insert: 17 18 (b) a local government, regional local government 19 or regional subsidiary; 20 21 Division 20 -- Magistrates Court (Civil Proceedings) 22 Act 2004 amended 23 48. Act amended 24 This Division amends the Magistrates Court (Civil 25 Proceedings) Act 2004. page 15 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 21 Minerals Research Institute of Western Australia Act 2013 amended s. 49 1 49. Section 3 amended 2 In section 3(1) in the definition of public authority delete 3 paragraph (c) and insert: 4 5 (c) a local government, regional local government 6 or regional subsidiary; or 7 8 Division 21 -- Minerals Research Institute of Western Australia 9 Act 2013 amended 10 50. Act amended 11 This Division amends the Minerals Research Institute of 12 Western Australia Act 2013. 13 51. Section 11 amended 14 In section 11(1) in the definition of public authority delete 15 paragraph (c) and insert: 16 17 (c) a local government, regional local government 18 or regional subsidiary; 19 20 Division 22 -- Parliamentary Commissioner Act 1971 amended 21 52. Act amended 22 This Division amends the Parliamentary Commissioner 23 Act 1971. 24 53. Section 4A amended 25 Delete section 4A(1)(a) and insert: 26 27 (a) a local government, regional local government 28 or regional subsidiary; 29 page 16 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Pay-roll Tax Assessment Act 2002 amended Division 23 s. 54 1 Division 23 -- Pay-roll Tax Assessment Act 2002 amended 2 54. Act amended 3 This Division amends the Pay-roll Tax Assessment Act 2002. 4 55. Section 40 amended 5 In section 40(2)(g) delete "government or" and insert: 6 7 government, a regional subsidiary or 8 9 Division 24 -- Public Interest Disclosure Act 2003 amended 10 56. Act amended 11 This Division amends the Public Interest Disclosure Act 2003. 12 57. Section 3 amended 13 In section 3(1) in the definition of public authority delete 14 paragraph (d) and insert: 15 16 (d) a local government, a regional local 17 government or a regional subsidiary; 18 19 Division 25 -- Public Sector Management Act 1994 amended 20 58. Act amended 21 This Division amends the Public Sector Management Act 1994. 22 59. Section 102 amended 23 (1) Before section 102(1) insert: 24 25 (1A) In this section -- 26 any local government or regional local government 27 includes any regional subsidiary; page 17 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 26 Rail Safety Act 2010 amended s. 60 1 council of a local government or regional local 2 government includes the governing body of a regional 3 subsidiary. 4 5 (2) In section 102(3) delete "Part 5, Division 8" and insert: 6 7 Part 5 Division 8, or with regulations made under 8 section 3.69(4)(f), 9 10 60. Schedule 1 amended 11 In Schedule 1 after item 15 insert: 12 15A Any regional subsidiary or the governing body of a regional subsidiary 13 14 Division 26 -- Rail Safety Act 2010 amended 15 61. Act amended 16 This Division amends the Rail Safety Act 2010. 17 62. Section 3 amended 18 In section 3 in the definition of road manager paragraph (a) 19 delete "government or" and insert: 20 21 government, regional subsidiary or 22 page 18 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Road Traffic (Administration) Act 2008 amended Division 27 s. 63 1 Division 27 -- Road Traffic (Administration) Act 2008 amended 2 63. Act amended 3 This Division amends the Road Traffic (Administration) 4 Act 2008. 5 64. Section 4 amended 6 In section 4 in the definition of public authority delete 7 paragraph (c) and insert: 8 9 (c) a local government, regional local government 10 or regional subsidiary; or 11 12 Division 28 -- Stamp Act 1921 amended 13 65. Act amended 14 This Division amends the Stamp Act 1921. 15 66. Section 4 amended 16 In section 4(1) in the definition of local government delete 17 "government or" and insert: 18 19 government, regional local government, regional subsidiary or 20 21 Division 29 -- State Records Act 2000 amended 22 67. Act amended 23 This Division amends the State Records Act 2000. page 19 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 30 Swan and Canning Rivers Management Act 2006 amended s. 68 1 68. Schedule 1 amended 2 In Schedule 1 item 12 delete "government or regional local 3 government" and insert: 4 5 government, regional local government or regional subsidiary 6 7 Division 30 -- Swan and Canning Rivers Management 8 Act 2006 amended 9 69. Act amended 10 This Division amends the Swan and Canning Rivers 11 Management Act 2006. 12 70. Section 3 amended 13 In section 3(1) in the definition of public authority delete 14 paragraph (b) and insert: 15 16 (b) a local government, regional local government 17 or regional subsidiary; or 18 19 Division 31 -- Water Services Act 2012 amended 20 71. Act amended 21 This Division amends the Water Services Act 2012. 22 72. Section 3 amended 23 In section 3(1) in the definition of public authority delete 24 paragraph (d) and insert: 25 26 (d) a local government, regional local government 27 or regional subsidiary; 28 page 20 Local Government Amendment (Regional Subsidiaries) Bill 2014 Other Acts amended Part 3 Western Australian Land Authority Act 1992 amended Division 32 s. 73 1 Division 32 -- Western Australian Land Authority 2 Act 1992 amended 3 73. Act amended 4 This Division amends the Western Australian Land Authority 5 Act 1992. 6 74. Section 16 amended 7 In section 16(1)(c) delete "governments and regional local 8 governments" and insert: 9 10 governments, regional local governments and regional 11 subsidiaries 12 13 75. Section 17 amended 14 In section 17(5) in the definition of person delete "government 15 or regional local government." and insert: 16 17 government, regional local government or regional subsidiary. 18 19 Division 33 -- Western Australian Tourism Commission 20 Act 1983 amended 21 76. Act amended 22 This Division amends the Western Australian Tourism 23 Commission Act 1983. page 21 Local Government Amendment (Regional Subsidiaries) Bill 2014 Part 3 Other Acts amended Division 33 Western Australian Tourism Commission Act 1983 amended s. 77 1 77. Section 3 amended 2 In section 3 delete the definition of local government and insert: 3 4 local government means a local government, regional 5 local government or regional subsidiary; 6 7

 


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