Bills

Statutes Amendment (Local Government Review) Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 5, page 9, after line 7—Insert:

(5a) Section 4(1)—after the definition of regional subsidiary insert:

registered industrial association means an industrial association or organisation registered under a law of the State or of the Commonwealth;

No. 2. Clause 6, page 9, lines 35 to 39—Leave out the clause.

No. 3. Clause 9, page 10, line 23 [clause 9, inserted section 11A(1)]—Delete '12' and substitute '13'

No. 4. Clause 9, page 10, line 23 [clause 9, inserted section 11A(1)]—After 'members' insert:

, unless the council is granted an exemption certificate under section 12(11b) in connection with its most recent representation review

No. 5. Clause 10, page 11, line 29 [clause 10(2)]—After '(inclusive)' insert:

and substitute:

(11a) If—

(a) the report proposes that the composition of the council be altered so that it is constituted of more than the number of members that a council may be comprised of under section 11A(1) (the member cap); or

(b) the council is constituted of a number of members that exceeds the member cap and the report does not propose an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap,

the report must be referred to the Electoral Commissioner.

(11b) On receipt of a report, the Electoral Commissioner must give the council a certificate authorising the referral of the report under subsection (12) (an exemption certificate), unless the Electoral Commissioner considers that exceptional circumstances exist that justify a refusal to give an exemption certificate to the council.

(11c) In subsection (11b)—

exceptional circumstances means circumstances where the report does not—

(a) examine the matters referred to in subsection (6)(a); or

(b) set out the reasons for the council being constituted in a manner referred to in subsection (11a)(a) or (b).

(11d) If the Electoral Commissioner refuses to give an exemption certificate under subsection (11b), the Electoral Commissioner must refer the matter back to the council and must provide written reasons to the council for the refusal.

(11e) If the matter is referred back to the council under subsection (11d), the council—

(a) must take such action as is necessary (including by altering the report) so that the report proposes an alteration in the composition of the council so that it is constituted of a number of members equal to or less than the member cap; and

(b) must comply with the requirements of subsection (7) in relation to the report (as if the report (as altered) constitutes a new report); and

(c) must then refer the report to the Electoral Commissioner under subsection (12).

No. 6. Clause 10, page 11, after line 31—Insert:

(3a) Section 12(12)—after 'Commissioner' insert:

(and, if relevant, provide with the report a copy of an exemption certificate given to the council)

No. 7. Clause 10, page 11, after line 38—Insert:

(7) Section 12(19)(b)—delete 'by the Electoral Commissioner under subsection (13)(b)' and substitute:

under subsection (11d) or (13)(b)

No. 8. Clause 79, page 44, after line 21 [clause 79, inserted section 120A]—After subsection (1) insert:

(1a) An employee behavioural standard must not diminish a right or employment condition under an Act, award, industrial agreement or contract of employment.

No. 9. Clause 79, page 44, after line 25 [clause 79, inserted section 120A]—After subsection (3) insert:

(3a) Before a council—

(a) adopts employee behavioural standards; or

(b) alters, or substitutes, its employee behavioural standards,

the council must consult with any registered industrial association that represents the interests of employees of councils on the employee behavioural standards, alteration or substituted standards (as the case may be).

No. 10. Clause 91, page 54, after line 17—Insert:

(1) Section 131—after subsection (1) insert:

(1a) The annual report must include the amount of legal costs incurred by the council in the relevant financial year.

No. 11. Clause 91, page 54, after line 17—Insert:

(1) Section 131(5) and (6)—delete subsections (5) and (6) and substitute:

(5) A copy of the annual report must be submitted by the council to the persons or bodies prescribed by the regulations on or before a day determined under the regulations.

No. 12. Clause 103, page 56, line 21 to page 57, line 33—Leave out the clause and insert:

103—Amendment of section 194—Revocation of classification of land as community land

Section 194(2)(b)—delete 'follow the relevant steps set out in its public consultation policy' and substitute:

undertake public consultation on the proposal

No. 13. Clause 104, page 58, line 1 to page 60, line 19—Leave out the clause

No. 14. Clause 105, page 60, lines 20 to 22—Leave out the clause

No. 15. Clause 129, page 68, after line 38 [clause 129, inserted section 262F(3)]—After paragraph (c) insert:

and

(d) a member nominated by a registered industrial association that represents the interests of employees of councils specified by the Minister by notice in the Gazette.

No. 16. Clause 129, page 69, line 26 [clause 129, inserted section 262G(3)]—Delete 'unless the LGA consents to the making of the recommendation.' and substitute:

unless—

(a) in all cases—the LGA consents to the making of the recommendation; and

(b) in the case of a member appointed following nomination under section 262F(3)(d)—the registered industrial association that made the nomination consents to the making of the recommendation.

No. 17. Clause 150, page 85, line 13 [clause 150(1)]—Delete '12 members' and substitute:

the number of members that a council may be comprised of under section 11A(1) of the principal Act

No. 18. Clause 150, page 85, line 16 [clause 150(1)]—After 'section 11A' insert:

(unless the council is granted an exemption certificate under section 12(11b) of the principal Act (as amended by section 10 of this Act))

No. 19. Clause 170, page 94, after line 17—Insert:

(1) Section 37(1)—delete 'Voting' and substitute:

Subject to section 41A, voting

No. 20. New clause, page 95, after line 11—Insert:

172A—Insertion of section 41A

After section 41 insert:

41A—Assisted voting

(1) The regulations may make provision in relation to voting in an election or poll by prescribed electors by means of an assisted voting method.

(2) Without limiting the generality of subsection (1), regulations made for the purposes of this section may—

(a) determine, or provide for the determination of, 1 or more assisted voting methods and, in relation to each such method, determine, or provide for the determination of, the following:

(i) matters related to voting using the assisted voting method, including the provision of assistance to electors using the method, requirements to be followed after an elector has used the method and matters of privacy and secrecy;

(ii) the number of places where the assisted voting method is to be available, the location of those places (if relevant) and the days and times at which the method is to be available;

(iii) which electors may use the assisted voting method; and

(b) require the making of a record of each person who has voted using an assisted voting method; and

(c) specify the information that is to be included in a record; and

(d) provide for the production of a record of the vote each person has cast, which must not contain any means of identifying the person who cast the vote; and

(e) provide for the appointment by the returning officer of officers in relation to the conduct of an assisted voting method; and

(f) provide for the application of this Act, or provisions of this Act, in relation to votes cast using an assisted voting method, including the modification of the application of this Act or a provision of this Act in relation to such votes; and

(g) make provision for any other matters related to assisted voting.

(3) To avoid doubt, nothing in this section (or in regulations made for the purposes of this section) authorises any elector to vote in more than 1 capacity at an election or poll.

(4) An assisted voting method must be such that an elector using the method in relation to an election or poll—

(a) receives the same information (in the same order), and has the same voting options, as would appear in the ballot paper for the election or poll that the elector would be given if the elector were voting by postal vote under this Part; and

(b) is able to indicate a vote in a way that, if the elector were marking a ballot paper, would not be an informal ballot paper.

(5) Subject to this section, if an elector votes using an assisted voting method (an assisted vote)—

(a) this Act applies (subject to any modifications prescribed under subsection (2)(f)) in relation to an assisted vote as if it were a vote delivered to an electoral officer for the relevant council in a sealed envelope; and

(b) the record of the assisted vote produced in accordance with the regulations is to be taken to be a ballot paper for the purposes of this Act; and

(c) the requirements of this Act in relation to the elector's right to receive a ballot paper are to be taken to have been satisfied.

(6) The returning officer may, by notice in the Gazette, determine that an assisted voting method is not to be used either generally or at 1 or more specified places.

(7) A notice under subsection (6) must specify the election or poll in respect of which the determination applies.

(8) In this section—

prescribed elector means a sight-impaired elector or an elector of a class prescribed by the regulations for the purposes of this definition;

sight-impaired elector means an elector whose sight is impaired such that the elector is unable to vote without assistance.

No. 21. Clause 181, page 98, line 33 [clause 181, inserted section 80(1)(a)]—Delete 'within 30 days after the conclusion of the election' and substitute:

at the prescribed times

No. 22. Clause 181, page 98, after line 38 [clause 181, inserted section 80]—After subsection (2) insert:

(3) For the purposes of this section, the prescribed times for furnishing a campaign donations return are—

(a) within 7 days of the end of the period commencing from the start of the disclosure period for the election (within the meaning of section 81B(a)) and ending—

(i) in the case of a periodic election—21 days after the close of nominations; or

(ii) in any other case—7 days after the close of nominations; and

(b) within 30 days after the conclusion of the election.

No. 23. Clause 188, page 101, lines 29 to 31 [clause 188(1), inserted subsection (2)(b)]—Delete paragraph (b) and substitute:

(b) in the case of a campaign donations return required to be furnished at the prescribed time applying under section 80(3)(a)—within 7 days after that prescribed time; and

(c) in the case of a campaign donations return required to be furnished at the prescribed time applying under section 80(3)(b)—within 8 weeks after that prescribed time,

No. 24. Clause 198, page 109, lines 14 to 18 [clause 198(18), inserted clause 23(1)(a)]—Delete paragraph (a) and substitute:

(a) at the prescribed times—a campaign donations return under this Division; and

(ab) within 30 days after the conclusion of the election—a campaign expenditure return under this Division; and

No. 25. Clause 198, page 109, after line 23 [clause 198(18), inserted clause 23]—After subclause (2) insert:

(3) For the purposes of this clause, the prescribed times for furnishing a campaign donations return are—

(a) within 7 days of the end of the period commencing from the start of the disclosure period for the election (within the meaning of clause 24B(a)) and ending—

(i) in the case of a periodic election—21 days after the close of nominations; or

(ii) in any other case—7 days after the close of nominations; and

(b) within 30 days after the conclusion of the election.

No. 26. Clause 198, page 111, after line 40 [clause 198(30), inserted subclause (2)]—After paragraph (a) insert:

(ab) in the case of a campaign donations return required to be furnished at the prescribed time applying under clause 23(3)(a)—within 7 days after that prescribed time; and

(ac) in the case of a campaign donations return required to be furnished at the prescribed time applying under clause 23(3)(b)—within 8 weeks after that prescribed time; and