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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
ocal Government Legislation Amendment
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 3.12 amended 3
6. Section 3.60 amended 3
7. Part 3 Division 4 heading amended 4
8. Section 3.68 amended 4
9. Sections 3.69 to 3.72 inserted 4
3.69. Regional subsidiaries 4
3.70. Regional subsidiaries to have charter 5
3.71. Regulations about regional subsidiaries 6
3.72. Other provisions and arrangements not
affected 6
10. Section 4.88 amended 7
11. Section 5.49 amended 7
12. Section 5.63 amended 8
13. Section 5.99A amended 8
14. Sections 5.102AA to 5.102AC inserted 9
5.102AA. Apportionment of annual payments 9
5.102AB. Repayment of advance annual payments
if recipient ceases to hold office 10
5.102AC. Application of this Division to regional
local governments 10
15. Section 5.110A inserted 11
5.110A. Withdrawal of complaint of minor breach 11
108--2 page i
Local Government Legislation Amendment Bill 2014
Contents
16. Section 5.110 amended 13
17. Section 6.23 amended 13
18. Section 9.15 amended 14
19. Section 9.17 amended 14
20. Section 9.19 amended 15
21. Section 9.20 amended 15
22. Section 9.23 deleted 15
23. Schedule 2.1 clause 11 amended 15
24. Schedule 2.1 clause 12 inserted 16
12. Registration of documents 16
25. Schedule 9.3 Division 3 inserted 17
Division 3 -- Provisions for Local Government
Legislation Amendment Act 2014
45. Term used: amending Act 17
46. Part 5 Division 9: complaints 17
47. Part 9 Division 2 Subdivision 2 17
48. Schedule 2.1: transitional arrangements 18
Part 3 -- Amendments to other Acts
in relation to local government
powers
Division 1 -- Land Administration Act 1997
amended
26. Act amended 19
27. Section 53A inserted 19
53A. Executive Director, Public Health
responsible for public health matters in
class A reserves 19
Division 2 -- Rottnest Island Authority Act 1987
amended
28. Act amended 21
29. Section 45 replaced 21
45. Executive Director, Public Health
responsible for public health matters 21
Part 4 -- Amendments to other Acts
in relation to regional
subsidiaries
Division 1 -- Biosecurity and Agriculture
Management Act 2007 amended
30. Act amended 23
page ii
Local Government Legislation Amendment Bill 2014
Contents
31. Section 6 amended 23
Division 2 -- Building Act 2011 amended
32. Act amended 23
33. Section 125 amended 23
Division 3 -- Building Services (Registration)
Act 2011 amended
34. Act amended 24
35. Section 3 amended 24
Division 4 -- Business Names (Commonwealth
Powers) Act 2012 amended
36. Act amended 24
37. Section 3 amended 24
Division 5 -- Child Care Services Act 2007
amended
38. Act amended 25
39. Section 3 amended 25
Division 6 -- Children and Community Services
Act 2004 amended
40. Act amended 25
41. Section 3 amended 25
Division 7 -- Civil Judgments Enforcement
Act 2004 amended
42. Act amended 25
43. Section 63 amended 26
44. Section 107 amended 26
Division 8 -- Civil Liability Act 2002 amended
45. Act amended 26
46. Section 5U amended 26
Division 9 -- Commissioner for Children and
Young People Act 2006 amended
47. Act amended 26
48. Section 5 amended 27
Division 10 -- Community Protection (Offender
Reporting) Act 2004 amended
49. Act amended 27
50. Section 3 amended 27
page iii
Local Government Legislation Amendment Bill 2014
Contents
Division 11 -- Corruption, Crime and
Misconduct Act 2003 amended
51. Act amended 27
52. Section 3 amended 28
Division 12 -- The Criminal Code amended
53. Act amended 28
54. Section 446 amended 28
Division 13 -- Duties Act 2008 amended
55. Act amended 28
56. Section 3 amended 29
Division 14 -- Emergency Management Act 2005
amended
57. Act amended 29
58. Section 3 amended 29
Division 15 -- Fines, Penalties and Infringement
Notices Enforcement Act 1994 amended
59. Act amended 29
60. Section 70 amended 30
Division 16 -- Freedom of Information Act 1992
amended
61. Act amended 30
62. Glossary amended 30
Division 17 -- Industrial Relations Act 1979
amended
63. Act amended 30
64. Section 7 amended 31
Division 18 -- Interpretation Act 1984 amended
65. Act amended 31
66. Section 5 amended 31
Division 19 -- Liquor Control Act 1988 amended
67. Act amended 31
68. Section 37 amended 31
Division 20 -- Lotteries Commission Act 1990
amended
69. Act amended 32
70. Section 19 amended 32
page iv
Local Government Legislation Amendment Bill 2014
Contents
Division 21 -- Magistrates Court (Civil
Proceedings) Act 2004 amended
71. Act amended 32
72. Section 3 amended 32
Division 22 -- Medicines and Poisons Act 2014
amended
73. Act amended 32
74. Section 95 amended 33
Division 23 -- Mental Health Act 2014 amended
75. Act amended 33
76. Section 572 amended 33
Division 24 -- Minerals Research Institute of
Western Australia Act 2013 amended
77. Act amended 33
78. Section 11 amended 34
Division 25 -- Parliamentary Commissioner
Act 1971 amended
79. Act amended 34
80. Section 4A amended 34
Division 26 -- Pay-roll Tax Assessment Act 2002
amended
81. Act amended 34
82. Section 40 amended 34
Division 27 -- Public Interest Disclosure
Act 2003 amended
83. Act amended 35
84. Section 3 amended 35
Division 28 -- Public Sector Management
Act 1994 amended
85. Act amended 35
86. Section 102 amended 35
87. Schedule 1 amended 36
Division 29 -- Road Traffic (Administration)
Act 2008 amended
88. Act amended 36
89. Section 4 amended 36
Division 30 -- Stamp Act 1921 amended
90. Act amended 36
page v
Local Government Legislation Amendment Bill 2014
Contents
91. Section 4 amended 36
Division 31 -- State Records Act 2000 amended
92. Act amended 37
93. Schedule 1 amended 37
Division 32 -- Western Australian Land
Authority Act 1992 amended
94. Act amended 37
95. Section 16 amended 37
96. Section 17 amended 37
Division 33 -- Western Australian Tourism
Commission Act 1983 amended
97. Act amended 38
98. Section 3 amended 38
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Local Government Legislation Amendment
Bill 2014
A Bill for
An Act --
• to make various amendments to the Local Government Act 1995;
and
• to amend the Local Government Act 1995 to enable local
governments to form regional subsidiaries and to make
consequential amendments to other Acts; and
• to amend the Land Administration Act 1997 and the Rottnest
Island Authority Act 1987 with respect to local government
powers.
The Parliament of Western Australia enacts as follows:
page 1
Local Government Legislation Amendment Bill 2014
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Local Government Legislation Amendment Act 2014.
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 a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Local Government Legislation Amendment 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 means a regional subsidiary
10 established under section 3.69;
11
12 5. Section 3.12 amended
13 After section 3.12(1) insert:
14
15 (2A) Despite subsection (1), a failure to follow the
16 procedure described in this section does not invalidate
17 a local law if there has been substantial compliance
18 with the procedure.
19
20 6. Section 3.60 amended
21 In section 3.60 before "unless" insert:
22
23 or regional subsidiary
24
page 3
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 7
1 7. 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 8. Section 3.68 amended
7 In section 3.68 delete "this Division" and insert:
8
9 sections 3.61 to 3.67
10
11 9. Sections 3.69 to 3.72 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 provide a service or carry on
17 an activity jointly may, with the Minister's approval
18 and in accordance with the regulations, form a
19 subsidiary body (called a regional subsidiary) to
20 provide that service or carry on that activity.
21 (2) If the Minister approves the formation of a regional
22 subsidiary, the Minister must, by notice in the Gazette,
23 declare that the regional subsidiary is established --
24 (a) on the date set out in the notice; and
25 (b) under the name set out in the notice.
26 (3) A regional subsidiary --
27 (a) is a body corporate with perpetual succession
28 and a common seal; and
page 4
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 9
1 (b) is to have a governing body consisting of
2 members appointed in accordance with the
3 regional subsidiary's charter (as approved by
4 the Minister in accordance with
5 section 3.70(3)).
6 (4) Without limiting subsection (3)(b), a governing body
7 may consist of or include members who are not council
8 members or employees.
9 3.70. Regional subsidiaries to have charter
10 (1) Local governments proposing to form a regional
11 subsidiary must prepare a charter addressing the
12 following matters --
13 (a) the establishment and powers and duties of the
14 regional subsidiary;
15 (b) the process for selecting and appointing
16 members of the regional subsidiary's governing
17 body;
18 (c) the qualifications that members of the regional
19 subsidiary's governing body must have;
20 (d) the administration of the regional subsidiary,
21 including the membership and procedures of its
22 governing body, and the fees, allowances and
23 expenses to be paid or reimbursed to the
24 members of its governing body;
25 (e) the financial management, planning, auditing
26 and reporting to be undertaken by the regional
27 subsidiary;
28 (f) the process for amending the charter;
29 (g) the winding up of the regional subsidiary;
30 (h) any other matters required by the regulations to
31 be dealt with in a charter.
page 5
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 9
1 (2) The local governments must forward the charter to the
2 Minister when applying for approval for the formation
3 of the regional subsidiary.
4 (3) A charter, and an amendment to a charter, are of no
5 effect unless approved by the Minister.
6 3.71. Regulations about regional subsidiaries
7 Regulations may --
8 (a) regulate the procedure for applying to the
9 Minister for approval for the formation of a
10 regional subsidiary; and
11 (b) require the local governments proposing to
12 form a regional subsidiary to consult with the
13 community in their districts in accordance with
14 the regulations; and
15 (c) provide that a specified provision of this Act
16 applies in relation to a regional subsidiary
17 subject to any prescribed or necessary
18 modifications; and
19 (d) provide for or regulate any other matter that is
20 necessary or convenient to be provided for or
21 regulated in respect of a regional subsidiary.
22 3.72. Other provisions and arrangements not affected
23 (1) Section 3.69 has effect in addition to the provisions of
24 this Division relating to regional local governments,
25 and does not derogate from those provisions.
26 (2) Nothing in section 3.69 prevents local governments
27 from making arrangements under which --
28 (a) a local government provides a service or carries
29 on an activity for another local government; or
page 6
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 10
1 (b) local governments provide a service or carry on
2 an activity jointly without forming a regional
3 subsidiary.
4
5 10. Section 4.88 amended
6 (1) Delete section 4.88(1) and insert:
7
8 (1) A person must not, during the relevant period in
9 relation to an election --
10 (a) print, publish or distribute deceptive material;
11 or
12 (b) cause deceptive material to be printed,
13 published or distributed.
14 Penalty: a fine of $5 000 or imprisonment for one year.
15
16 (2) In section 4.88(2) delete "subsection (1)(a)" and insert:
17
18 subsection (1)
19
20 (3) Delete section 4.88(3).
21 Note: The heading to amended section 4.88 is to read:
22 Offence to print, publish or distribute misleading or deceptive
23 material
24 11. Section 5.49 amended
25 In section 5.49(1) in the definition of eligible body after
26 paragraph (b) insert:
27
28 (ca) a regional subsidiary; or
29
page 7
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 12
1 12. Section 5.63 amended
2 Delete section 5.63(1)(c) and insert:
3
4 (c) an interest relating to --
5 (i) a fee, reimbursement of an expense or
6 an allowance to which section 5.98,
7 5.98A, 5.99, 5.99A, 5.100 or 5.101(2)
8 refers; or
9 (ii) a gift permitted by section 5.100A; or
10 (iii) reimbursement of an expense that is the
11 subject of regulations made under
12 section 5.101A;
13 or
14
15 13. Section 5.99A amended
16 (1) In section 5.99A:
17 (a) delete "A local government" and insert:
18
19 (1) A local government
20
21 (b) after "pay all" insert:
22
23 eligible
24
page 8
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 14
1 (2) At the end of section 5.99A insert:
2
3 (2) For the purposes of subsection (1), a council member is
4 eligible to be paid an annual allowance under
5 subsection (1) for a type of expense only in the
6 following cases --
7 (a) in the case of an annual allowance that is paid
8 in advance, if it is reasonably likely that the
9 council member will incur expenses of that type
10 during the period to which the allowance
11 relates;
12 (b) in the case of an annual allowance that is not
13 paid in advance, if the council member has
14 incurred expenses of that type during the period
15 to which the allowance relates.
16
17 14. Sections 5.102AA to 5.102AC inserted
18 At the end of Part 5 Division 8 insert:
19
20 5.102AA. Apportionment of annual payments
21 A determination made by the Salaries and Allowances
22 Tribunal under the Salaries and Allowances Act 1975
23 section 7B may provide for the payment of a
24 proportion of an annual allowance or annual fee
25 payable under this Division if a person holds the office
26 to which the allowance or fee relates for only part of a
27 year.
page 9
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 14
1 5.102AB. Repayment of advance annual payments if
2 recipient ceases to hold office
3 (1) This section applies if --
4 (a) a local government pays an annual allowance or
5 annual fee under this Division to a person in
6 advance (either wholly or in part); and
7 (b) the person ceases to hold the office to which the
8 allowance or fee relates before the end of the
9 period to which the advance payment relates.
10 (2) Regulations may be made --
11 (a) requiring the repayment to a local government,
12 to the extent determined in accordance with the
13 regulations, of an advance payment of an
14 annual allowance or annual fee in the
15 circumstances to which this section applies; and
16 (b) providing for a local government to recover any
17 amount repayable if it is not repaid.
18 5.102AC. Application of this Division to regional local
19 governments
20 (1) This Division applies, and is to be taken to have always
21 applied, in accordance with section 3.66(1) and (5) to
22 and in relation to regional local governments, members
23 and deputy members of the councils of regional local
24 governments and chairmen and deputy chairmen of
25 regional local governments.
26 (2) This section does not limit section 3.66.
27
page 10
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 15
1 15. Section 5.110A inserted
2 After section 5.109 insert:
3
4 5.110A. Withdrawal of complaint of minor breach
5 (1) This section applies to the following complaints --
6 (a) a complaint made under section 5.107, other
7 than a complaint that, under section 5.115, the
8 complaints officer has sent to the Departmental
9 CEO;
10 (b) a complaint made under section 5.114 that,
11 under section 5.108, the Departmental CEO has
12 sent to the complaints officer;
13 (c) a complaint made under section 5.109.
14 (2) A person who has made a complaint to which this
15 section applies can withdraw the complaint at any time
16 before a standards panel does either of the things that it
17 is required to do under section 5.110(2) in relation to
18 the complaint.
19 (3) A withdrawal of a complaint --
20 (a) must be in writing; and
21 (b) must be sent to the member of the primary
22 standards panel who is appointed under
23 Schedule 5.1 clause 2(a).
24 (4) If a complaint is withdrawn --
25 (a) the member of the primary standards panel who
26 is appointed under Schedule 5.1 clause 2(a)
27 must, as soon as practicable after receiving the
28 withdrawal --
29 (i) give to the person who made the
30 complaint an acknowledgment in
page 11
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 15
1 writing that the withdrawal of the
2 complaint has been received; and
3 (ii) notify the council member about whom
4 the complaint was made and the
5 complaints officer that the complaint
6 has been withdrawn;
7 and
8 (b) neither the member of the primary standards
9 panel who is appointed under Schedule 5.1
10 clause 2(a) nor a standards panel is to take any
11 action or, as the case requires, any further
12 action under section 5.110 in relation to the
13 complaint; and
14 (c) a further complaint about the matter that is the
15 subject of the withdrawn complaint cannot be
16 made (whether by the original complainant or
17 anyone else) unless the member of the primary
18 standards panel who is appointed under
19 Schedule 5.1 clause 2(a) is satisfied that it is
20 appropriate to do so in the circumstances.
21 (5) Without limiting subsection (2), a complaint cannot be
22 withdrawn if, under section 5.111, a standards panel
23 has sent the complaint to the Departmental CEO, even
24 if the Departmental CEO subsequently decides not to
25 make an allegation under section 5.112(2).
26 (6) Despite subsection (4) --
27 (a) even though a complaint has been withdrawn, a
28 standards panel can deal with the complaint as
29 if it had not been withdrawn if the member of
30 the primary standards panel who is appointed
31 under Schedule 5.1 clause 2(a) is satisfied that
32 it is appropriate to do so in the circumstances;
33 and
page 12
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 16
1 (b) if paragraph (a) applies, the member of the
2 primary standards panel who is appointed under
3 Schedule 5.1 clause 2(a) must notify the parties
4 and the complaints officer that a standards
5 panel is to deal with the complaint.
6
7 16. Section 5.110 amended
8 (1) After section 5.110(2) insert:
9
10 (3A) However, a standards panel can at any stage of its
11 proceedings refuse to deal with a complaint if the
12 standards panel is satisfied that the complaint is
13 frivolous, trivial, vexatious, misconceived or without
14 substance.
15
16 (2) Delete section 5.110(4) and insert:
17
18 (4) A standards panel must give each party written notice
19 of the reasons for --
20 (a) any finding it makes under subsection (2); or
21 (b) any refusal under subsection (3A) to deal with a
22 complaint.
23
24 17. Section 6.23 amended
25 After section 6.23(3) insert:
26
27 (4) In relation to a regional subsidiary, a receiver is
28 entitled to receive whichever of the following over
29 which security has been given in a particular case --
30 (a) the financial contributions of the participants to
31 the regional subsidiary's funds as set out or
page 13
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 18
1 provided for in the regional subsidiary's
2 charter;
3 (b) Government grants that were not given to the
4 regional subsidiary for a specific purpose;
5 (c) the general funds of a participant to the extent
6 that those funds secure financial
7 accommodation extended to the regional
8 subsidiary.
9
10 18. Section 9.15 amended
11 In section 9.15 delete the definition of authorised person and
12 insert:
13
14 authorised person means a person appointed under
15 section 9.10(1) by the local government to be an
16 authorised person for the purposes of section 9.16;
17
18 19. Section 9.17 amended
19 In section 9.17(1):
20 (a) in paragraph (b) delete "an authorised person" and
21 insert:
22
23 the CEO of the local government
24
25 (b) delete paragraph (c) and insert:
26
27 (c) inform the alleged offender how and where the
28 money may be paid.
29
page 14
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 20
1 20. Section 9.19 amended
2 In section 9.19 delete "An authorised person" and insert:
3
4 The CEO of a local government
5
6 21. Section 9.20 amended
7 In section 9.20(1) delete "an authorised person" and insert:
8
9 the CEO of the local government
10
11 22. Section 9.23 deleted
12 Delete section 9.23.
13 23. Schedule 2.1 clause 11 amended
14 After Schedule 2.1 clause 11(4) insert:
15
16 (5A) The value of compensation required to be made under
17 subclause (4)(a) to a person whose contract of employment
18 with a local government is terminated or varied is not to
19 exceed in total --
20 (a) in the case of a person whose contract of
21 employment is terminated --
22 (i) if the person's employment is governed by
23 a written contract in accordance with
24 section 5.39, the maximum amount of
25 money to which the person is entitled, under
26 that contract, if the contract is terminated
27 before the expiry date; or
28 (ii) in any other case, the value of the person's
29 final annual remuneration, as calculated in
30 accordance with regulations made for the
31 purposes of section 5.50(3);
32 or
page 15
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 24
1 (b) in the case of a person whose contract of
2 employment is varied, the lesser of --
3 (i) the amount that the person would have been
4 entitled to if the person's contract of
5 employment had been terminated before the
6 expiry date; or
7 (ii) the value of the person's annual
8 remuneration for the year ending on the
9 date of the variation, calculated in
10 accordance with regulations made for the
11 purposes of section 5.50(3) as if the
12 person's contract of employment had
13 terminated on that date.
14 (5B) For the purposes of subclause (5A), the total value of the
15 compensation required to be made to a person includes all
16 amounts to which the person is entitled under a contract of
17 employment or award relating to the person as an employee
18 of the local government.
19
20 24. Schedule 2.1 clause 12 inserted
21 After Schedule 2.1 clause 11 insert:
22
23 12. Registration of documents
24 (1) In this clause --
25 relevant official means --
26 (a) the Registrar of Titles under the Transfer of Land
27 Act 1893; or
28 (b) the Registrar of Deeds and Transfers under the
29 Registration of Deeds Act 1856; or
30 (c) the Minister administering the Land Administration
31 Act 1997; or
32 (d) any other person authorised by a written law to
33 record and give effect to the registration of
page 16
Local Government Legislation Amendment Bill 2014
Local Government Act 1995 amended Part 2
s. 25
1 documents relating to transactions affecting any
2 estate or interest in land or any other property.
3 (2) The relevant officials are --
4 (a) to take notice of an order of the kind referred to in
5 clause 11(3) relating to property, rights and
6 liabilities; and
7 (b) to record and register in the appropriate manner the
8 documents necessary to show the effect of the order
9 as it relates to those matters.
10
11 25. Schedule 9.3 Division 3 inserted
12 At the end of Schedule 9.3 insert:
13
14 Division 3 -- Provisions for Local Government Legislation
15 Amendment Act 2014
16 45. Term used: amending Act
17 In this Division --
18 amending Act means the Local Government Legislation
19 Amendment Act 2014.
20 46. Part 5 Division 9: complaints
21 Sections 5.110A and 5.110 (as amended by the amending
22 Act) apply to and in relation to a complaint whether made
23 before or after the amending Act section 15 comes into
24 operation.
25 47. Part 9 Division 2 Subdivision 2
26 (1) An infringement notice given under section 9.16 before the
27 amending Act section 19 comes into operation is not invalid,
28 and is to be taken never to have been invalid, just because
29 the notice provided that the amount of the modified penalty
30 may be paid to an authorised person at a particular place and
page 17
Local Government Legislation Amendment Bill 2014
Part 2 Local Government Act 1995 amended
s. 25
1 did not state who are authorised persons for the purposes of
2 receiving payment of modified penalties.
3 (2) Any extension of time for payment given under section 9.19
4 before the amending Act section 20 comes into operation is
5 to be taken to have been given by the CEO of the relevant
6 local government.
7 (3) Any withdrawal of an infringement notice before the
8 amending Act section 21 comes into operation is to be taken
9 to have been done by the CEO of the relevant local
10 government.
11 48. Schedule 2.1: transitional arrangements
12 Schedule 2.1 clause 11(5A) and (5B) apply to and in
13 relation to the termination or variation of a contract of
14 employment whether entered into before or after the
15 amending Act section 23 comes into operation.
16
page 18
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to local government Part 3
powers
Land Administration Act 1997 amended Division 1
s. 26
1 Part 3 -- Amendments to other Acts in relation to local
2 government powers
3 Division 1 -- Land Administration Act 1997 amended
4 26. Act amended
5 This Division amends the Land Administration Act 1997.
6 27. Section 53A inserted
7 At the end of Part 4 insert:
8
9 53A. Executive Director, Public Health responsible for
10 public health matters in class A reserves
11 (1) In this section --
12 Executive Director, Public Health has the meaning
13 given in the Health Act 1911 section 3;
14 public health means the health of individuals in the
15 context of --
16 (a) the wider health of the community; and
17 (b) the combination of safeguards, policies and
18 programmes designed to protect, maintain,
19 promote and improve the health of individuals
20 and their communities and to prevent and
21 reduce the incidence of illness and disability.
22 (2) For the purposes of protecting, promoting and
23 improving public health in relation to any class A
24 reserve, the Executive Director, Public Health has all
25 the powers and authority of a local government under
26 the Local Government Act 1995 as if --
27 (a) the class A reserve were a district for the
28 purposes of that Act; and
page 19
Local Government Legislation Amendment Bill 2014
Part 3 Amendments to other Acts in relation to local government
powers
Division 1 Land Administration Act 1997 amended
s. 27
1 (b) the Executive Director, Public Health were the
2 local government for that district.
3 (3) The power and authority conferred on the Executive
4 Director, Public Health by subsection (2) includes the
5 power to make and enforce local laws under the Local
6 Government Act 1995.
7 (4) However --
8 (a) nothing in the Local Government Act 1995
9 Part 3 Division 2 Subdivision 2 (other than
10 sections 3.12(5) and (8), 3.14(1) and 3.15)
11 applies to or in respect of the making of local
12 laws by the Executive Director, Public Health;
13 and
14 (b) before making local laws in relation to a
15 class A reserve, the Executive Director, Public
16 Health must --
17 (i) consult with the management body of
18 the reserve or, if there is no
19 management body, the Minister; and
20 (ii) consider any advice provided by the
21 management body or, as the case
22 requires, the Minister.
23 (5) If there is a conflict or inconsistency between a local
24 law made by the Executive Director, Public Health
25 under subsection (2) and a local law made by a local
26 government under the Local Government Act 1995 or
27 any other Act, the local law made by the Executive
28 Director, Public Health prevails to the extent of the
29 conflict or inconsistency.
30
page 20
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to local government Part 3
powers
Rottnest Island Authority Act 1987 amended Division 2
s. 28
1 Division 2 -- Rottnest Island Authority Act 1987 amended
2 28. Act amended
3 This Division amends the Rottnest Island Authority Act 1987.
4 29. Section 45 replaced
5 Delete section 45 and insert:
6
7 45. Executive Director, Public Health responsible for
8 public health matters
9 (1) In this section --
10 Executive Director, Public Health has the meaning
11 given in the Health Act 1911 section 3;
12 public health means the health of individuals in the
13 context of --
14 (a) the wider health of the community; and
15 (b) the combination of safeguards, policies and
16 programmes designed to protect, maintain,
17 promote and improve the health of individuals
18 and their communities and to prevent and
19 reduce the incidence of illness and disability.
20 (2) For the purposes of protecting, promoting and
21 improving public health in relation to the Island, the
22 Executive Director, Public Health has all the powers
23 and authority of a local government under the Local
24 Government Act 1995 as if --
25 (a) the Island were a district for the purposes of
26 that Act; and
27 (b) the Executive Director, Public Health were the
28 local government for that district.
29 (3) The power and authority conferred on the Executive
30 Director, Public Health by subsection (2) includes the
page 21
Local Government Legislation Amendment Bill 2014
Part 3 Amendments to other Acts in relation to local government
powers
Division 2 Rottnest Island Authority Act 1987 amended
s. 29
1 power to make and enforce local laws under the Local
2 Government Act 1995.
3 (4) However --
4 (a) nothing in the Local Government Act 1995
5 Part 3 Division 2 Subdivision 2 (other than
6 sections 3.12(5) and (8), 3.14(1) and 3.15)
7 applies to or in respect of the making of local
8 laws by the Executive Director, Public Health;
9 and
10 (b) before making local laws, the Executive
11 Director, Public Health must consult with the
12 Authority, and consider any advice provided by
13 the Authority.
14 (5) If there is a conflict or inconsistency between a local
15 law made by the Executive Director, Public Health
16 under subsection (2) and a local law made by a local
17 government under the Local Government Act 1995 or
18 any other Act, the local law made by the Executive
19 Director, Public Health prevails to the extent of the
20 conflict or inconsistency.
21
page 22
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Biosecurity and Agriculture Management Act 2007 amended Division 1
s. 30
1 Part 4 -- Amendments to other Acts in relation to
2 regional subsidiaries
3 Division 1 -- Biosecurity and Agriculture Management
4 Act 2007 amended
5 30. Act amended
6 This Division amends the Biosecurity and Agriculture
7 Management Act 2007.
8 31. Section 6 amended
9 In section 6 in the definition of public authority delete
10 paragraph (d) and insert:
11
12 (d) a local government, regional local government
13 or regional subsidiary;
14
15 Division 2 -- Building Act 2011 amended
16 32. Act amended
17 This Division amends the Building Act 2011.
18 33. Section 125 amended
19 In section 125(2) in the definition of public body delete
20 "government or regional local government." and insert:
21
22 government, regional local government or regional subsidiary.
23
page 23
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 3 Building Services (Registration) Act 2011 amended
s. 34
1 Division 3 -- Building Services (Registration) Act 2011 amended
2 34. Act amended
3 This Division amends the Building Services (Registration)
4 Act 2011.
5 35. 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 36. Act amended
15 This Division amends the Business Names (Commonwealth
16 Powers) Act 2012.
17 37. 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 24
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Child Care Services Act 2007 amended Division 5
s. 38
1 Division 5 -- Child Care Services Act 2007 amended
2 38. Act amended
3 This Division amends the Child Care Services Act 2007.
4 39. 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 40. Act amended
14 This Division amends the Children and Community Services
15 Act 2004.
16 41. 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
23 Division 7 -- Civil Judgments Enforcement Act 2004 amended
24 42. Act amended
25 This Division amends the Civil Judgments Enforcement
26 Act 2004.
page 25
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 8 Civil Liability Act 2002 amended
s. 43
1 43. Section 63 amended
2 In section 63(1) in the definition of public authority delete
3 "government or a regional local government." and insert:
4
5 government, regional local government or regional subsidiary.
6
7 44. Section 107 amended
8 In section 107(2)(b) delete "government or a regional local
9 government," and insert:
10
11 government, regional local government or regional subsidiary,
12
13 Division 8 -- Civil Liability Act 2002 amended
14 45. Act amended
15 This Division amends the Civil Liability Act 2002.
16 46. Section 5U amended
17 In section 5U in the definition of public body or officer delete
18 paragraph (f) and insert:
19
20 (f) a local government, regional local government
21 or regional subsidiary; or
22
23 Division 9 -- Commissioner for Children and Young People
24 Act 2006 amended
25 47. Act amended
26 This Division amends the Commissioner for Children and
27 Young People Act 2006.
page 26
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Community Protection (Offender Reporting) Act 2004 Division 10
amended
s. 48
1 48. Section 5 amended
2 In section 5 in the definition of government agency delete
3 paragraph (c) and insert:
4
5 (c) a local government, regional local government
6 or regional subsidiary; or
7
8 Division 10 -- Community Protection (Offender Reporting)
9 Act 2004 amended
10 49. Act amended
11 This Division amends the Community Protection (Offender
12 Reporting) Act 2004.
13 50. Section 3 amended
14 In section 3 in the definition of public authority delete
15 paragraph (b) and insert:
16
17 (b) a local government, regional local government
18 or regional subsidiary; or
19
20 Division 11 -- Corruption, Crime and Misconduct Act 2003
21 amended
22 51. Act amended
23 This Division amends the Corruption, Crime and Misconduct
24 Act 2003.
page 27
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 12 The Criminal Code amended
s. 52
1 52. Section 3 amended
2 (1) In section 3(1) in the definition of minor misconduct delete
3 paragraph (c) and insert:
4
5 (c) conduct engaged in by --
6 (i) a member of a local government or
7 council of a local government; or
8 (ii) a member of a council of a regional
9 local government;
10
11 (2) In section 3(1) in the definition of public authority
12 paragraph (c) delete "regional local government" and insert:
13
14 regional local government, regional subsidiary
15
16 Division 12 -- The Criminal Code amended
17 53. Act amended
18 This Division amends The Criminal Code.
19 54. Section 446 amended
20 In section 446(1) in the definition of public property delete
21 paragraph (d) and insert:
22
23 (d) a local government, regional local government
24 or regional subsidiary.
25
26 Division 13 -- Duties Act 2008 amended
27 55. Act amended
28 This Division amends the Duties Act 2008.
page 28
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Emergency Management Act 2005 amended Division 14
s. 56
1 56. Section 3 amended
2 In section 3 in the definition of local government paragraph (b)
3 after "government" insert:
4
5 or regional subsidiary
6
7 Division 14 -- Emergency Management Act 2005 amended
8 57. Act amended
9 This Division amends the Emergency Management Act 2005.
10 58. Section 3 amended
11 (1) In section 3 in the definition of public authority delete
12 paragraph (c) and insert:
13
14 (c) a local government, regional local government
15 or regional subsidiary; or
16
17 (2) In section 3 in the definition of public authority after each of
18 paragraphs (a), (b) and (d) insert:
19
20 or
21
22 Division 15 -- Fines, Penalties and Infringement Notices
23 Enforcement Act 1994 amended
24 59. Act amended
25 This Division amends the Fines, Penalties and Infringement
26 Notices Enforcement Act 1994.
page 29
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 16 Freedom of Information Act 1992 amended
s. 60
1 60. Section 70 amended
2 In section 70(1) in the definition of public authority delete
3 "government or a regional local government." and insert:
4
5 government, regional local government or regional subsidiary.
6
7 Division 16 -- Freedom of Information Act 1992 amended
8 61. Act amended
9 This Division amends the Freedom of Information Act 1992.
10 62. Glossary amended
11 (1) In the Glossary clause 1 in the definition of principal officer
12 after paragraph (d) insert:
13
14 (ea) in relation to a regional subsidiary -- the person
15 who manages the affairs of the regional subsidiary;
16
17 (2) In the Glossary clause 1 in the definition of public body or
18 office delete paragraph (d) and insert:
19
20 (d) a local government, regional local government or
21 regional subsidiary; or
22
23 Division 17 -- Industrial Relations Act 1979 amended
24 63. Act amended
25 This Division amends the Industrial Relations Act 1979.
page 30
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Interpretation Act 1984 amended Division 18
s. 64
1 64. Section 7 amended
2 In section 7(1) in the definition of public authority delete
3 "government or regional local government;" and insert:
4
5 government, regional local government or regional subsidiary;
6
7 Division 18 -- Interpretation Act 1984 amended
8 65. Act amended
9 This Division amends the Interpretation Act 1984.
10 66. Section 5 amended
11 In section 5 insert in alphabetical order:
12
13 regional subsidiary means a regional subsidiary
14 established under the Local Government Act 1995;
15
16 Division 19 -- Liquor Control Act 1988 amended
17 67. Act amended
18 This Division amends the Liquor Control Act 1988.
19 68. Section 37 amended
20 In section 37(1A) in the definition of public body delete
21 paragraph (c) and insert:
22
23 (c) a local government, regional local government
24 or regional subsidiary; or
25
page 31
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 20 Lotteries Commission Act 1990 amended
s. 69
1 Division 20 -- Lotteries Commission Act 1990 amended
2 69. Act amended
3 This Division amends the Lotteries Commission Act 1990.
4 70. Section 19 amended
5 In section 19 in the definition of eligible organization delete
6 paragraph (b) and insert:
7
8 (b) a local government, regional local government
9 or regional subsidiary;
10
11 Division 21 -- Magistrates Court (Civil Proceedings)
12 Act 2004 amended
13 71. Act amended
14 This Division amends the Magistrates Court (Civil
15 Proceedings) Act 2004.
16 72. Section 3 amended
17 In section 3(1) 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
23 Division 22 -- Medicines and Poisons Act 2014 amended
24 73. Act amended
25 This Division amends the Medicines and Poisons Act 2014.
page 32
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Mental Health Act 2014 amended Division 23
s. 74
1 74. Section 95 amended
2 Delete section 95(1)(c) and insert:
3
4 (c) a person employed by --
5 (i) a local government or regional local
6 government under the Local
7 Government Act 1995 section 5.36; or
8 (ii) a regional subsidiary.
9
10 Division 23 -- Mental Health Act 2014 amended
11 75. Act amended
12 This Division amends the Mental Health Act 2014.
13 76. Section 572 amended
14 In section 572(1) in the definition of State authority delete
15 paragraph (d) and insert:
16
17 (d) a local government, regional local government
18 or regional subsidiary;
19
20 Division 24 -- Minerals Research Institute of Western Australia
21 Act 2013 amended
22 77. Act amended
23 This Division amends the Minerals Research Institute of
24 Western Australia Act 2013.
page 33
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 25 Parliamentary Commissioner Act 1971 amended
s. 78
1 78. Section 11 amended
2 In section 11(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;
7
8 Division 25 -- Parliamentary Commissioner Act 1971 amended
9 79. Act amended
10 This Division amends the Parliamentary Commissioner
11 Act 1971.
12 80. Section 4A amended
13 Delete section 4A(1)(a) and insert:
14
15 (a) a local government, regional local government
16 or regional subsidiary;
17
18 Division 26 -- Pay-roll Tax Assessment Act 2002 amended
19 81. Act amended
20 This Division amends the Pay-roll Tax Assessment Act 2002.
21 82. Section 40 amended
22 In section 40(2)(g) delete "government or" and insert:
23
24 government, a regional subsidiary or
25
page 34
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
Public Interest Disclosure Act 2003 amended Division 27
s. 83
1 Division 27 -- Public Interest Disclosure Act 2003 amended
2 83. Act amended
3 This Division amends the Public Interest Disclosure Act 2003.
4 84. Section 3 amended
5 In section 3(1) in the definition of public authority delete
6 paragraph (d) and insert:
7
8 (d) a local government, a regional local
9 government or a regional subsidiary;
10
11 Division 28 -- Public Sector Management Act 1994 amended
12 85. Act amended
13 This Division amends the Public Sector Management Act 1994.
14 86. Section 102 amended
15 (1) Before section 102(1) insert:
16
17 (1A) In this section --
18 any local government or regional local government
19 includes any regional subsidiary;
20 council of a local government or regional local
21 government includes the governing body of a regional
22 subsidiary.
23
24 (2) In section 102(3) delete "Part 5, Division 8 of the Local
25 Government Act 1995." and insert:
26
27 the Local Government Act 1995 Part 5 Division 8 or with a
28 charter of a regional subsidiary.
29
page 35
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 29 Road Traffic (Administration) Act 2008 amended
s. 87
1 87. Schedule 1 amended
2 In Schedule 1 after item 15 insert:
3
15A Any regional subsidiary or the governing body of a regional
subsidiary
4
5 Division 29 -- Road Traffic (Administration) Act 2008 amended
6 88. Act amended
7 This Division amends the Road Traffic (Administration)
8 Act 2008.
9 89. Section 4 amended
10 In section 4 in the definition of public authority delete
11 paragraph (c) and insert:
12
13 (c) a local government, regional local government
14 or regional subsidiary; or
15
16 Division 30 -- Stamp Act 1921 amended
17 90. Act amended
18 This Division amends the Stamp Act 1921.
19 91. Section 4 amended
20 In section 4(1) in the definition of local government delete
21 "government or" and insert:
22
23 government, regional local government, regional subsidiary or
24
page 36
Local Government Legislation Amendment Bill 2014
Amendments to other Acts in relation to regional subsidiaries Part 4
State Records Act 2000 amended Division 31
s. 92
1 Division 31 -- State Records Act 2000 amended
2 92. Act amended
3 This Division amends the State Records Act 2000.
4 93. Schedule 1 amended
5 In Schedule 1 item 12 delete "government or regional local
6 government" and insert:
7
8 government, regional local government or regional subsidiary
9
10 Division 32 -- Western Australian Land Authority
11 Act 1992 amended
12 94. Act amended
13 This Division amends the Western Australian Land Authority
14 Act 1992.
15 95. Section 16 amended
16 In section 16(1)(c) delete "governments and regional local
17 governments" and insert:
18
19 governments, regional local governments and regional
20 subsidiaries
21
22 96. Section 17 amended
23 In section 17(5) in the definition of person delete "government
24 or regional local government." and insert:
25
26 government, regional local government or regional subsidiary.
27
page 37
Local Government Legislation Amendment Bill 2014
Part 4 Amendments to other Acts in relation to regional subsidiaries
Division 33 Western Australian Tourism Commission Act 1983 amended
s. 97
1 Division 33 -- Western Australian Tourism Commission
2 Act 1983 amended
3 97. Act amended
4 This Division amends the Western Australian Tourism
5 Commission Act 1983.
6 98. Section 3 amended
7 In section 3 delete the definition of local government and insert:
8
9 local government means a local government, regional
10 local government or regional subsidiary;
11
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