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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-11-13 Daily Xml
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Statutes Amendment (Local Government Elections 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 10, page 5, after line 1 [clause 10, before subclause (1)]—Insert:

(a1) Section 15(6)—delete 'three' and substitute '2'

No. 2. Clause 12, page 5, line 23 [clause 12, inserted subsection (1)]—After 'received' insert ', and the name of each nominated candidate,'

No. 3. Clause 17, page 6, after line 36—Insert:

(1) Section 47(1)(b)—delete 'second' and substitute 'third'

No. 4. Clause 21, page 11, after line 7 [clause 21, after inserted section 81A]—Insert:

81B—Certain campaign arrangements or understandings to be disclosed

(1) If 2 or more candidates in an election or elections in the area of a council enter into an arrangement or understanding to do either or both of the following:

(a) to incur expenditure jointly on electoral material relating to the election or elections;

(b) to keep gifts of money received in relation to the election or elections in the same account,

each candidate must, within 1 business day of entering into the arrangement or understanding, give notice of it to the returning officer.

(2) A notice under subsection (1) must state the names of the candidates who have entered into the arrangement or understanding and comply with any requirements of the returning officer.

(3) The returning officer must, as soon as is reasonably practicable after receiving a notice under subsection (1), ensure that the notice is published in a prominent location on a website determined by the returning officer until 30 days after polling day for the relevant election or elections.

No. 5. Clause 25, page 12, after line 16 [clause 25, inserted section 91B, after inserted subsection (2)]—Insert:

(2a) A meeting held by a council under this section must be presided over by the chief executive officer of the council, or a person appointed by the chief executive officer (who must not be a candidate in the general election).

No. 6. New clause, page 14, after line 17—After clause 30 insert:

30A—Amendment of section 76—Allowances

Section 76—after subsection (12) insert:

(12a) Amounts must be withheld from the payment of allowances to a member of a council, and paid to the Commissioner of Taxation in accordance with the Pay as you go system under the Taxation Administration Act 1953 of the Commonwealth, if—

(a) that system contemplates amounts to be withheld from such payments; and

(b) the member requests, in accordance with any requirements of the council, that such withholding occur.

No. 7. Clause 31, page 14, lines 21 to 25 [clause 31, inserted paragraph (c)]—Delete inserted paragraph (c) and substitute:

(c) reimbursement of expenses (not exceeding the prescribed amount) incurred by the member in producing printed material in prescribed circumstances or of a prescribed kind (other than excluded material) necessary for engaging with the community in relation to local government matters.

No. 8. Clause 31, page 14, after line 25 [clause 31, after inserted paragraph (c)]—Insert:

(2) Section 77—after subsection (2) insert:

(3) In this section—

excluded material means—

(a) electoral material within the meaning of the Local Government (Elections) Act 1999; or

(b) material produced or distributed between the close of nominations and the close of voting for a general election of a council or a periodic election.

No. 9. New clause, page 15, after line 39—Insert:

34A—Amendment of section 227—Removal of moveable sign

Section 227—after subsection (2) insert:

(3) If—

(a) a local electoral poster to which section 226(2a) applies is exhibited in contravention of that subsection; or

(b) an electoral advertising poster relating to a State election is exhibited otherwise than in accordance with section 226(3)(caa); or

(c) a designated electoral advertising poster to which section 226A(1) applies is exhibited in contravention of that subsection,

an authorised person may order the person who authorises exhibition of the poster to remove it from the road or road-related area.

(4) If the authorised person cannot find the person who authorises exhibition of the poster, or that person fails to comply immediately with the order, the authorised person may remove and dispose of the poster.

No. 10. Clause 38, page 16, line 29 [clause 38(1), definition of default person]—After 'who' insert:

has been nominated by the chief executive officer under Schedule 1 clause 3B(1) to vote on behalf of the body corporate or group in an election or poll and

No. 11. New clause, page 16, after line 32—After clause 38 insert:

38A—Amendment of section 24—Allowances

Section 24—after subsection (12) insert:

(12a) Amounts must be withheld from the payment of allowances to a member of the Council, and paid to the Commissioner of Taxation in accordance with the Pay as you go system under the Taxation Administration Act 1953 of the Commonwealth, if—

(a) that system contemplates amounts to be withheld from such payments; and

(b) the member requests, in accordance with any requirements of the Council, that such withholding occur.

No. 12. Clause 39, page 17, lines 1 to 5 [clause 39, inserted paragraph (c)]—Delete inserted paragraph (c) and substitute:

(c) reimbursement of expenses (not exceeding the prescribed amount) incurred by the member in producing printed material in prescribed circumstances or of a prescribed kind (other than excluded material) necessary for engaging with the community in relation to local government matters.

No. 13. Clause 39, page 17, after line 5 [clause 39, after inserted paragraph (c)]—Insert:

(2) Section 25—after subsection (2) insert:

(3) In this section—

excluded material means—

(a) electoral material within the meaning of the Local Government (Elections) Act 1999; or

(b) material produced or distributed between the close of nominations and the close of voting for a general election of the Council or a periodic election.

No. 14. Clause 41, page 17, lines 18 and 19 [clause 41(6)]—Delete subclause (6)

No. 15. Clause 41, page 17, after line 32 [clause 41, after subclause (9)]—Insert:

(9a) Schedule 1, clause 3B(1)—delete '(a default person)'

(9b) Schedule 1, clause 3B(3)(a)—after 'Commission' insert:

or another appropriate public body

No. 16. Clause 41, page 21, after line 11 [clause 41(16), after inserted clause 24A]—Insert:

24B—Certain campaign arrangements or understandings to be disclosed

(1) If 2 or more candidates in an election or elections in the area of the Council enter into an arrangement or understanding to do either or both of the following:

(a) to incur expenditure jointly on electoral material relating to the election or elections;

(b) to keep gifts of money received in relation to the election or elections in the same account,

each candidate must, within 1 business day of entering into the arrangement or understanding, give notice of it to the returning officer.

(2) A notice under subclause (1) must state the names of the candidates who have entered into the arrangement or understanding and comply with any requirements of the returning officer.

(3) The returning officer must, as soon as is reasonably practicable after receiving a notice under subclause (1), ensure that the notice is published in a prominent location on a website determined by the returning officer until 30 days after polling day for the relevant election or elections.

Consideration in committee.

The Hon. J.K. SZAKACS: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.

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