Western Australian Consolidated Acts

LOCAL GOVERNMENT ACT 1995

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Introductory matters  

   1.1.    Short title  
   1.2.    Commencement  
   1.3.    Content and intent  
   1.4.    Terms used in this Act  
   1.5.    Descriptions in italics not part of the law  
   1.6.    Crown not generally bound  
   1.7.    Local public notice  
   1.8.    Statewide public notice  
   1.9.    Decisions by absolute majority  
   1.10.   Decisions by special majority  

   PART 2 -- Constitution of local government  

           Division 1 -- Districts and wards  

   2.1.    State divided into districts  
   2.2.    Districts may be divided into wards  
   2.3.    Names of districts and wards  
   2.4.    District to be a city, town or shire  

           Division 2 -- Local governments and councils of local governments  

   2.5.    Local governments created as bodies corporate  
   2.6.    Local governments to be run by elected councils  
   2.7.    The role of the council  
   2.8.    The role of the mayor or president  
   2.9.    The role of the deputy mayor or deputy president  
   2.10.   The role of councillors  

           Division 3 -- How offices on the council are filled  

   2.11.   Alternative methods of filling the office of mayor or president  
   2.12.   Electors may propose change of method  
   2.12A.  Procedure to change method to election by council  
   2.13.   When a new method takes effect  
   2.14.   Extension of term in certain cases  
   2.15.   Filling the office of deputy mayor or deputy president  
   2.16.   Filling the offices of the councillors  

           Division 4 -- Membership and size of the council  

   2.17.   The members of council  
   2.18.   Fixing and changing the number of councillors  

           Division 5 -- Qualifications for holding office on the council  

   2.19.   Qualifications for election to council  
   2.20.   Members of parliament disqualified for election  
   2.21.   Disqualification because of insolvency  
   2.22.   Disqualification because of convictions  
   2.23.   Disqualification because of membership of another council  
   2.24.   Disqualification because of misapplication of funds or property  
   2.25.   Disqualification for failure to attend meetings  
   2.26.   Election to council terminates employment with local government  
   2.27.   Procedure to determine qualification to retain membership of council  

           Division 6 -- Terms of office on the council and vacation of office  

   2.28.   Days on which terms begin and end  
   2.29.   Declaration  
   2.30.   Terms extended if ordinary elections delayed  
   2.31.   Resignation  
   2.32.   How extraordinary vacancies occur in offices elected by electors  
   2.33.   Extraordinary vacancy on election to a parliament  
   2.34.   How extraordinary vacancies occur in offices elected by the council  
   2.35.   Vacancies on restructure of districts, wards or membership  
   2.36.   Vacancies on dismissal of council  
   2.36A.  Power to declare offices vacant if district is to be abolished  
   2.37.   Power to declare offices vacant  
   2.37A.  Vacancies in all offices for any other reason  

           Division 7 -- Commissioners  

   2.38.   The function of a commissioner  
   2.39.   Appointment of commissioner  
   2.40.   Joint commissioners  
   2.41.   Appointment, tenure, meetings etc.  
   2.42.   Commissioner to make declaration  
   2.43.   Applicability of certain provisions of this Act  

           Division 8 -- Local Government Advisory Board  

   2.44.   Establishment of Advisory Board  
   2.45.   Functions of Advisory Board  

   PART 3 -- Functions of local governments  

           Division 1 -- General  

   3.1.    General function  
   3.2.    Relationship to State Government  
   3.3.    Act not to affect Crown’s rights concerning alienated land  
   3.4.    Functions may be legislative or executive  

           Division 2 -- Legislative functions of local governments  

              Subdivision 1 -- Local laws made under this Act  

   3.5.    Legislative power of local governments  
   3.6.    Places outside the district  
   3.7.    Inconsistency with written laws  
   3.8.    Local laws may adopt codes etc.  
   3.9.    Model local laws  
   3.10.   Creating offences and prescribing penalties  

              Subdivision 2 -- Local laws made under any Act  

   3.11.   Subdivision applies to local laws made under any Act  
   3.12.   Procedure for making local laws  
   3.13.   Procedure where significant change in proposal  
   3.14.   Commencement of local laws  
   3.15.   Local laws to be publicized  
   3.16.   Periodic review of local laws  
   3.17.   Governor may amend or repeal local laws  

           Division 3 -- Executive functions of local governments  

              Subdivision 1 -- Performing executive functions  

   3.18.   Performing executive functions  
   3.19.   Places to be regarded as within the district  
   3.20.   Performing functions outside the district  
   3.21.   Duties when performing functions  
   3.22.   Compensation  
   3.23.   Arbitration  

              Subdivision 2 -- Certain provisions about land  

   3.24.   Authorising persons under this Subdivision  
   3.25.   Notices requiring certain things to be done by owner or occupier of land  
   3.26.   Additional powers when notices given  
   3.27.   Particular things local governments can do on land that is not local government property  

              Subdivision 3 -- Powers of entry  

   3.28.   When this Subdivision applies  
   3.29.   Powers of entry are additional  
   3.30.   Assistants and equipment  
   3.31.   General procedure for entering property  
   3.32.   Notice of entry  
   3.33.   Entry under warrant  
   3.34.   Entry in an emergency  
   3.35.   Purpose of entry to be given on request  
   3.36.   Opening fences  

              Subdivision 4 -- Impounding abandoned vehicle wrecks and goods involved in certain contraventions  

   3.37.   Contraventions that can lead to impounding  
   3.38.   Terms used in this Subdivision  
   3.39.   Power to remove and impound  
   3.40.   Vehicle may be removed if goods to be impounded are in or on the vehicle  
   3.40A.  Abandoned vehicle wreck may be taken  
   3.41.   Notice to collect impounded perishable goods  
   3.42.   Impounded non-perishable goods  
   3.43.   Court may confiscate impounded non-perishable goods  
   3.44.   Notice to collect goods if not confiscated  
   3.45.   Notice to include warning  
   3.46.   Goods may be withheld until costs paid  
   3.47.   Disposing of confiscated or uncollected goods  
   3.47A.  Disposal of sick or injured animals  
   3.48.   Recovery of impounding expenses  

              Subdivision 5 -- Certain provisions about thoroughfares  

   3.50.   Closing certain thoroughfares to vehicles  
   3.50A.  Partial closure of thoroughfare for repairs or maintenance  
   3.51.   Affected owners to be notified of certain proposals  
   3.52.   Public access to be maintained and plans kept  

              Subdivision 6 -- Various executive functions  

   3.53.   Control of certain unvested facilities  
   3.54.   Reserves under control of a local government  
   3.55.   Acquisition of land  
   3.56.   Tidal waters  
   3.57.   Tenders for providing goods or services  
   3.58.   Disposing of property  
   3.59.   Commercial enterprises by local governments  
   3.60.   No capacity to form or acquire control of body corporate  

           Division 4 -- Regional local governments  

   3.61.   Establishing a regional local government  
   3.62.   Constitution and purpose of a regional local government  
   3.63.   Dissolution or partial dissolution of a regional local government  
   3.64.   What the establishment agreement is to contain  
   3.65.   Amendment of establishment agreement  
   3.66.   Application of enabling Acts to a regional local government  
   3.67.   Inconsistency between regional and other local laws  
   3.68.   Other arrangements not affected  

   PART 4 -- Elections and other polls  

           Division 1 -- Preliminary  

   4.1.    Terms used in this Part  
   4.1A.   Conflict with Commonwealth or State election or referendum  
   4.1B.   Polling day may be changed where conflict with Commonwealth or State election or referendum  

           Division 2 -- Inaugural elections  

   4.2.    Inaugural elections  
   4.3.    Polling day for inaugural election  

           Division 3 -- Ordinary elections  

   4.4.    Ordinary elections  
   4.5.    Frequency of ordinary elections  
   4.6.    Election day for ordinary elections  
   4.7.    Ordinary elections day usually the third Saturday in October  

           Division 4 -- Extraordinary elections  

   4.8.    Extraordinary elections  
   4.9.    Election day for extraordinary election  
   4.10.   Extraordinary election can be held before a resignation has taken effect  

           Division 5 -- Other elections  

   4.11.   Elections after restructure of districts, wards or membership  
   4.12.   Elections after reinstatement of council  
   4.13.   Elections after all members’ offices become vacant  
   4.14.   Elections after council is dismissed  
   4.15.   Fresh election after election declared invalid  

           Division 6 -- Postponement and consolidation of elections  

   4.16.   Postponement of elections to allow consolidation  
   4.17.   Cases in which vacant offices can remain unfilled  
   4.18.   Certain elections to be held as one  

           Division 7 -- Provisions about electoral officers and the conduct of elections  

   4.19.   The returning officer  
   4.20.   CEO to be returning officer unless other arrangements are made  
   4.21.   Deputy returning officers  
   4.22.   Returning officer to conduct elections  
   4.23.   Returning officer’s functions  
   4.24.   Electoral Commissioner’s functions  
   4.25.   Access to information  
   4.26.   Delegation  
   4.27.   Regulations about electoral officers and the conduct of elections  
   4.28.   Fees and expenses  

           Division 8 -- Eligibility for enrolment  

   4.29.   Eligibility of residents to be enrolled  
   4.30.   Eligibility of non-resident owners and occupiers to be enrolled  
   4.31.   Rateable property: ownership and occupation  
   4.32.   How to claim eligibility to enrol under section 4.30  
   4.33.   Expiry of claim of eligibility to enrol under section 4.30  
   4.34.   Accuracy of enrolment details to be maintained  
   4.35.   Decision that eligibility to enrol under section 4.30 has ended  

           Division 9 -- The electoral process  

   4.36.   Application and definitions  
   4.37.   New roll for each election  
   4.38.   What the roll consists of  
   4.39.   Close of enrolments  
   4.40.   Residents roll  
   4.41.   Owners and occupiers roll  
   4.42.   Supply of rolls to returning officer, members and candidates  
   4.43.   Correction of rolls  
   4.44A.  Alteration of rolls  
   4.44.   One enrolment per roll  
   4.45.   Failure to comply with time limits as to preparation of rolls  
   4.46.   Fresh roll may be required  
   4.47.   Call for nominations  
   4.48.   Eligibility to be a candidate  
   4.49.   How to make an effective nomination  
   4.50.   How deposits are dealt with  
   4.51.   Rejection of nomination  
   4.52.   Exhibition of candidates’ details and profiles  
   4.53.   Cancellation of nominations  
   4.54.   Nominations to be declared  
   4.55.   Same number of candidates as vacancies  
   4.56.   More candidates than vacancies  
   4.57.   Less candidates than vacancies  
   4.58.   Death of candidate after close of nominations  
   4.59.   Regulations about candidates  
   4.60.   Voting by electors  
   4.61.   Choice of methods of conducting the election  
   4.62.   Polling places required  
   4.63.   Appointment of presiding and other officers  
   4.64.   Public notice about the election  
   4.65.   Right to vote  
   4.66.   One vote for each elector  
   4.67.   Where to vote in person  
   4.68.   When to vote  
   4.69.   How to vote  
   4.70.   Presiding officer to maintain order at polling place  
   4.71.   Regulations about voting procedure  
   4.72.   Outcome of election to be determined  
   4.73.   Procedure when a person is a candidate in 2 elections  
   4.74.   How votes are counted  
   4.75.   Giving effect to the elector’s wishes  
   4.76.   Review of decisions on ballot papers  
   4.77.   Returning officer to declare result  
   4.78.   Order of retirement of councillors  
   4.79.   Report to Minister  

           Division 10 -- Validity of elections  

   4.80.   Complaints about the result of an election  
   4.81.   Complaints to go to a Court of Disputed Returns  
   4.82.   No appeal  
   4.83.   Certain defects do not affect an election  
   4.84.   Regulations about retention and availability of electoral papers  

           Division 11 -- Electoral offences  

   4.85.   Bribery and undue influence  
   4.86.   Breach or neglect by officers  
   4.87.   Printing and publication of electoral material  
   4.88.   Misleading, false or defamatory statements  
   4.89.   No canvassing in or near polling places  
   4.90.   False statements  
   4.91.   Offences relating to nomination papers, ballot papers and ballot boxes  
   4.92.   Offences relating to postal votes  
   4.93.   Interference with electors: infringement of secrecy  
   4.94.   Other electoral offences  
   4.95.   Attempts to commit offences  
   4.96.   Investigation of electoral misconduct  
   4.97.   Prosecutions  
   4.98.   Criminal Code not to apply  

           Division 12 -- Polls and referendums  

   4.99.   Election procedures to apply to polls and referendums  

   PART 5 -- Administration  

           Division 1 -- Introduction  

   5.1.    Term used in this Part  
   5.2.    Administration of local governments  

           Division 2 -- Council meetings, committees and their meetings and electors’ meetings  

              Subdivision 1 -- Council meetings  

   5.3.    Ordinary and special council meetings  
   5.4.    Calling council meetings  
   5.5.    Convening council meetings  
   5.6.    Who presides at council meetings  
   5.7.    Minister may reduce number for quorum and certain majorities  

              Subdivision 2 -- Committees and their meetings  

   5.8.    Establishment of committees  
   5.9.    Types of committees  
   5.10.   Appointment of committee members  
   5.11A.  Deputy committee members  
   5.11.   Tenure of committee membership  
   5.12.   Election of presiding members and deputies  
   5.13.   Functions of deputy presiding members  
   5.14.   Who acts if no presiding member  
   5.15.   Reduction of quorum for committees  
   5.16.   Delegation of some powers and duties to certain committees  
   5.17.   Limits on delegation of powers and duties to certain committees  
   5.18.   Register of delegations to committees  

              Subdivision 3 -- Matters affecting council and committee meetings  

   5.19.   Quorum for meetings  
   5.20.   Decisions of councils and committees  
   5.21.   Voting  
   5.22.   Minutes of council and committee meetings  
   5.23.   Meetings generally open to the public  
   5.24.   Question time for the public  
   5.25.   Regulations about council and committee meetings and committees  

              Subdivision 4 -- Electors’ meetings  

   5.26.   Term used in this Subdivision  
   5.27.   Electors’ general meetings  
   5.28.   Electors’ special meetings  
   5.29.   Convening electors’ meetings  
   5.30.   Who presides at electors’ meetings  
   5.31.   Procedure for electors’ meetings  
   5.32.   Minutes of electors’ meetings  
   5.33.   Decisions made at electors’ meetings  

           Division 3 -- Acting for the mayor or president  

   5.34.   When deputy mayors and deputy presidents can act  
   5.35.   Who acts if no mayor, president or deputy  

           Division 4 -- Local government employees  

   5.36.   Local government employees  
   5.37.   Senior employees  
   5.38.   Annual review of certain employees’ performances  
   5.39.   Contracts for CEO’s and senior employees  
   5.40.   Principles affecting employment by local governments  
   5.41.   Functions of CEO  
   5.42.   Delegation of some powers and duties to CEO  
   5.43.   Limits on delegations to CEO’s  
   5.44.   CEO may delegate powers and duties to other employees  
   5.45.   Other matters relevant to delegations under this Division  
   5.46.   Register of, and records relevant to, delegations to CEO’s and employees  
   5.47.   Superannuation regulations  
   5.48.   Long service benefits for employees and employees of local government associations  
   5.49.   Workers’ compensation arrangement  
   5.50.   Payments to employees in addition to contract or award  
   5.51.   Employee who nominates for election to council to take leave  

           Division 5 -- Annual reports and planning  

   5.53.   Annual reports  
   5.54.   Acceptance of annual reports  
   5.55.   Notice of annual reports  
   5.56.   Planning for the future  

           Division 6 -- Disclosure of financial interests  

              Subdivision 1 -- Disclosure of financial interests in matters affecting local government decisions  

   5.59.   Terms used in this Subdivision  
   5.60.   When a person has an “interest”  
   5.60A.  Financial interest  
   5.60B.  Proximity interest  
   5.61.   Indirect financial interests  
   5.62.   Closely associated persons  
   5.63.   Some interests need not be disclosed  
   5.65.   Members’ interests in matters to be discussed at meetings to be disclosed  
   5.66.   Meeting to be informed of disclosures  
   5.67.   Disclosing members not to participate in meetings  
   5.68.   Councils and committees may allow members disclosing interests to participate etc. in meetings  
   5.69.   Minister may allow members disclosing interests to participate etc. in meetings  
   5.69A.  Minister may exempt committee members from disclosure requirements  
   5.70.   Employees to disclose interests relating to advice or reports  
   5.71.   Employees to disclose interests relating to delegated functions  
   5.72.   Defence to prosecution  
   5.73.   Disclosures to be minuted  

              Subdivision 2 -- Disclosure of financial interests in returns  

   5.74.   Terms used in this Subdivision  
   5.75.   Primary returns  
   5.76.   Annual returns  
   5.77.   Acknowledging receipt of returns  
   5.78.   Information to be disclosed in returns  
   5.79.   Real property  
   5.80.   Source of income  
   5.81.   Trusts  
   5.82.   Gifts  
   5.83.   Contributions to travel  
   5.84.   Interests and positions in corporations  
   5.85.   Debts  
   5.86.   Dispositions of property  
   5.87.   Discretionary disclosures generally  

              Subdivision 3 -- General  

   5.88.   Register of financial interests  
   5.89.   Offence to give false or misleading information  
   5.90.   Offence to publish information in certain cases  

           Division 7 -- Access to information  

   5.91.   Interpretation  
   5.92.   Access to information by council, committee members  
   5.93.   Improper use of information  
   5.94.   Public can inspect certain local government information  
   5.95.   Limits on right to inspect local government information  
   5.96.   Copies of information to be available  
   5.97.   Freedom of Information Act 1992 not affected  

           Division 8 -- Local government payments and gifts to its members  

   5.98.   Fees etc. for council members  
   5.98A.  Allowance for deputy mayor or deputy president  
   5.99.   Annual fee for council members in lieu of fees for attending meetings  
   5.99A.  Allowances for council members in lieu of reimbursement of expenses  
   5.100.  Payments for certain committee members  
   5.101.  Payments for employee committee members  
   5.101A. Regulations about payment of expenses  
   5.102.  Expense may be funded before actually incurred  

           Division 9 -- Conduct of certain officials  

   5.102A. Terms used in this Division  
   5.103.  Codes of conduct  
   5.104.  Other regulations about conduct of council members  
   5.105.  Breaches by council members  
   5.106.  Deciding whether breach occurred  
   5.107.  Complaining to complaints officer of minor breach  
   5.108.  Departmental CEO may send complaint of minor breach to complaints officer  
   5.109.  Complaint initiated by complaints officer  
   5.110.  Dealing with complaint of minor breach  
   5.111.  Dealing with a recurrent breach  
   5.112.  Allegation of recurrent breach  
   5.113.  Punishment for recurrent breach  
   5.114.  Making complaint of serious breach  
   5.115.  Complaints officer to send complaint of serious breach to Departmental CEO  
   5.116.  Allegation by Departmental CEO of serious breach  
   5.117.  Punishment for serious breach  
   5.118.  Carrying out orders  
   5.119.  State Administrative Tribunal’s enforcement powers  
   5.120.  Complaints officer  
   5.121.  Register of certain complaints of minor breaches  
   5.122.  Standards panels  
   5.123.  Confidentiality  
   5.124.  Giving false or misleading information  
   5.125.  Review of certain decisions  

   PART 6 -- Financial management  

           Division 1 -- Introduction  

   6.1.    Terms used in this Part  

           Division 2 -- Annual budget  

   6.2.    Local government to prepare annual budget  
   6.3.    Budget for other circumstances  

           Division 3 -- Reporting on activities and finance  

   6.4.    Financial report  

           Division 4 -- General financial provisions  

   6.5.    Accounts and records  
   6.6.    Funds to be established  
   6.7.    Municipal fund  
   6.8.    Expenditure from municipal fund not included in annual budget  
   6.9.    Trust fund  
   6.10.   Financial management regulations  
   6.11.   Reserve accounts  
   6.12.   Power to defer, grant discounts, waive or write off debts  
   6.13.   Interest on money owing to local governments  
   6.14.   Power to invest  

           Division 5 -- Financing local government activities  

              Subdivision 1 -- Introduction  

   6.15.   Local government’s ability to receive revenue and income  

              Subdivision 2 -- Fees and charges  

   6.16.   Imposition of fees and charges  
   6.17.   Setting the level of fees and charges  
   6.18.   Effect of other written laws  
   6.19.   Local government to give notice of fees and charges  

              Subdivision 3 -- Borrowings  

   6.20.   Power to borrow  
   6.21.   Restrictions on borrowing  
   6.22.   Appointment of receivers  
   6.23.   Powers of receivers  
   6.24.   Application of money  

           Division 6 -- Rates and service charges  

              Subdivision 1 -- Introduction and basis of rating  

   6.25.   Terms used in this Division and Schedule 6.1  
   6.26.   Rateable land  
   6.27.   Multiple rating  
   6.28.   Basis of rates  
   6.29.   Valuation and rates on mining and petroleum interests  
   6.30.   Valuation of and rates on certain land  
   6.31.   Phasing in of certain valuations  

              Subdivision 2 -- Categories of rates and service charges  

   6.32.   Rates and service charges  
   6.33.   Differential general rates  
   6.34.   Limit on revenue or income from general rates  
   6.35.   Minimum payment  
   6.36.   Local government to give notice of certain rates  
   6.37.   Specified area rates  
   6.38.   Service charges  

              Subdivision 3 -- Imposition of rates and service charges  

   6.39.   Rate record  
   6.40.   Effect of amendment of rate record  
   6.41.   Service of rate notice  

              Subdivision 4 -- Payment of rates and service charges  

   6.42.   Term used in s. 6.43, 6.44 and 6.52(1)  
   6.43.   Rates and service charges are a charge on land  
   6.44.   Liability for rates or service charges  
   6.45.   Options for payment of rates or service charges  
   6.46.   Discounts  
   6.47.   Concessions  
   6.48.   Regulation of grant of discounts and concessions  
   6.49.   Agreement as to payment of rates and service charges  
   6.50.   Rates or service charges due and payable  
   6.51.   Accrual of interest on overdue rates or service charges  
   6.52.   Rates and service charges may be apportioned  
   6.53.   Land becoming or ceasing to be rateable land  

              Subdivision 5 -- Recovery of unpaid rates and service charges  

   6.54.   Term used in s. 6.55, 6.60 and 6.62  
   6.55.   Recovery of rates and service charges  
   6.56.   Rates or service charges recoverable in court  
   6.57.   Non-compliance with procedure in Act not to prevent recovery of rate or service charge  
   6.58.   Defence in special cases  
   6.59.   Question of title to land not to affect jurisdiction  
   6.60.   Local government may require lessee to pay rent  
   6.61.   Requirement to give name of person liable  
   6.62.   Application of money paid for rates and service charges  

              Subdivision 6 -- Actions against land where rates or service charges unpaid  

   6.63.   Term used in this Subdivision  
   6.64.   Actions to be taken  
   6.65.   Power to lease -- procedure  
   6.66.   Effect of lease  
   6.67.   Release of property after payment of arrears  
   6.68.   Exercise of power to sell land  
   6.69.   Right to pay rates, service charges and costs, and stay proceedings  
   6.70.   Effect of changes in boundaries of local government area  
   6.71.   Power to transfer land to Crown or to local government  
   6.72.   Title to land sold or transferred  
   6.73.   Discharge of liability on sale of land  
   6.74.   Power to have land revested in the Crown if rates in arrears 3 years  
   6.75.   Land to be vested in the local government  

              Subdivision 7 -- Objections and review  

   6.76.   Grounds of objection  
   6.77.   Review of decision of local government on objection  
   6.78.   Review of decision to refusal to extend time for objection  
   6.79.   New matters raised on review  
   6.79B.  Written reasons for certain determinations to be given and published  
   6.80.   Objections and reviews against valuations  
   6.81.   Objection not to affect liability to pay rates or service charges  
   6.82.   General review of imposition of rate or service charge  

   PART 7 -- Audit  

           Division 1 -- Introduction  

   7.1.    Terms used in this Part  

           Division 1A -- Audit committee  

   7.1A.   Audit committee  
   7.1B.   Delegation of some powers and duties to audit committees  
   7.1C.   Decisions of audit committees  

           Division 2 -- Appointment of auditors  

   7.2.    Audit  
   7.3.    Appointment of auditors  
   7.4.    Disqualified person not to be auditor  
   7.5.    Approval of auditors  
   7.6.    Term of office of auditor  
   7.7.    Departmental CEO may appoint auditor  
   7.8.    Terms of appointment of auditors  

           Division 3 -- Conduct of audit  

   7.9.    Audit to be conducted  
   7.10.   Powers of the auditor  
   7.11.   Power to demand production of books etc.  
   7.12.   Employees and financial institutions to furnish particulars of money received  

           Division 4 -- General  

   7.12A.  Duties of local government with respect to audits  
   7.13.   Regulations as to audits  

   PART 8 -- Scrutiny of the affairs of local governments  

           Division 1 -- Inquiries by the Minister or an authorised person  

   8.1.    Terms used in this Division  
   8.2.    Minister or Departmental CEO may require information  
   8.3.    Inquiries by, or authorised by, the Departmental CEO  
   8.4.    Scope and duration of an authorisation  
   8.5.    Powers of an authorised person  
   8.6.    Power to enter property  
   8.7.    Notice of entry  
   8.8.    Entry under warrant  
   8.9.    Exercise of powers  
   8.10.   Protection from liability  
   8.11.   Failure to comply with directions  
   8.12.   Referral to other authorities  
   8.13.   Authorised person’s report  
   8.14.   Copy to be given to the local government  
   8.15.   Minister can take action to ensure that recommendations are put into effect  
   8.15A.  Local government may have to meet inquiry costs  

           Division 2 -- Inquiries by Inquiry Panels  

   8.16.   Minister may institute an inquiry  
   8.17.   Scope and duration of inquiry  
   8.18.   Local government to be informed  
   8.19.   Suspension of council while inquiry is held  
   8.20.   Powers of Inquiry Panel  
   8.21.   Referral to other authorities  
   8.22.   Report of Inquiry Panel  
   8.23.   Copies to be given to the local government and made available to the public  
   8.24.   Minister to decide what action to take on Inquiry Panel’s report  
   8.25.   Dismissal of council by Governor  
   8.26.   Suspension of council if Minister’s order not complied with  
   8.27.   Local government may have to meet inquiry costs  

           Division 3 -- General provisions about suspension and dismissal of councils  

   8.28.   Period of suspension: reinstatement of council  
   8.29.   Effect of suspension of council  
   8.30.   Appointment of commissioner while council is suspended  
   8.31.   No dismissal of a council except on Inquiry Panel’s recommendation  
   8.32.   When dismissal of council takes effect  
   8.33.   Appointment of commissioner on dismissal of council  
   8.34.   Elections following dismissal of council  

           Division 4 -- Misapplication of funds and property  

   8.35.   Interpretation  
   8.36.   Authorisation  
   8.37.   Powers related to inquiries  
   8.38.   Liability for misapplication of funds or property  
   8.39.   Action to recover amounts misapplied  
   8.40.   Notice to be given before action is taken  
   8.41.   Decision whether or not to proceed with action  
   8.42.   Power of court to order payment  
   8.43.   Disqualification of a person who has misapplied funds or property  
   8.44.   Evidence of authorisation  

   PART 9 -- Miscellaneous provisions  

           Division 1 -- Objections and review  

   9.1.    When this Division applies  
   9.2.    Terms used in this Division  
   9.3.    Rights of affected person extended to certain owners  
   9.4.    Advice of objection and review rights  
   9.5.    Objection may be lodged  
   9.6.    Dealing with objection  
   9.7.    Review  
   9.9.    Suspension of effect of decision  

           Division 2 -- Enforcement and legal proceedings  

              Subdivision 1 -- Miscellaneous provisions about enforcement  

   9.10.   Appointment of authorised persons  
   9.11.   Persons found committing breach of Act to give name on demand  
   9.12.   Obstructing person who is acting under a written law  
   9.13.   Onus of proof in vehicle offences may be shifted  
   9.13A.  Notice to prevent continuing contravention  
   9.14.   Penalty for offence when not otherwise specified  

              Subdivision 2 -- Infringement notices  

   9.15.   Terms used in this Subdivision  
   9.16.   Giving a notice  
   9.17.   Content of notice  
   9.18.   Notice placing onus on vehicle owner  
   9.19.   Extension of time  
   9.20.   Withdrawal of notice  
   9.21.   Benefit of paying modified penalty  
   9.22.   Application of penalties collected  
   9.23.   Restriction on appointment of authorised persons  

              Subdivision 3 -- General provisions about legal proceedings  

   9.24.   Commencing prosecutions  
   9.25.   Time limit for prosecutions  
   9.26.   Prosecuting accused whose name unknown  
   9.27.   Civil remedy not affected by proceedings for offence  
   9.28.   Interests of the public  
   9.29.   Representing local government in court  

              Subdivision 4 -- Evidence in legal proceedings  

   9.30.   When this Subdivision applies  
   9.31.   Terms used in this Subdivision  
   9.32.   Evidence Act 1906 not excluded  
   9.33.   Presumptions about certificates  
   9.34.   Evidence of local laws  
   9.35.   Evidence of text adopted by local laws  
   9.36.   Using Gazette notice as evidence  
   9.37.   Using meeting minutes as evidence  
   9.38.   Evidence of documents coming from a local government  
   9.39.   Proving a document given to another party  
   9.40.   Using copy of rate record as evidence  
   9.41.   Proving ownership, occupancy, and other things by certificate  
   9.42.   Person may be alleged to be owner or occupier of land  
   9.43.   Certificate of returning officer about election  
   9.44.   Spouses and de facto partners presumed to be living with one another  
   9.45.   Evidence of authorisation or approval  
   9.46.   Things may be alleged to be property of local government  
   9.47.   Proof of certain matters not required  
   9.48.   Evidence of thoroughfare  

           Division 3 -- Documents  

   9.49A.  Execution of documents  
   9.49B.  Contract formalities  
   9.49.   Documents, how authenticated  
   9.50.   Giving documents to persons, generally  
   9.51.   Giving documents to local government  
   9.52.   Giving documents in difficult cases  
   9.53.   Other provisions about giving documents  
   9.54.   Defects in documents  
   9.55.   Effect of document on persons deriving title  

           Division 4 -- Protection from liability  

   9.56.   Certain persons protected from liability for wrongdoing  
   9.57.   Local government protected from certain liability  

           Division 5 -- Associations of local government  

   9.58.   Constitution of associations of local government  

           Division 6 -- Regulations, directions and orders  

   9.59.   General regulations  
   9.60.   Regulations that operate as local laws  
   9.61.   Provisions about regulations  
   9.62.   Governor may give directions as a consequence of making an order  
   9.63.   Minister may give directions to resolve disputes between local governments  
   9.64.   Governor may rectify omissions and irregularities  
   9.65.   Orders made by the Governor or Minister  

           Division 7 -- Other miscellaneous provisions  

   9.66.   Delegation by Minister  
   9.67.   Delegation by Departmental CEO  
   9.68.   Local government to be notified of disposal of land  
   9.69.   Land descriptions  
   9.69A.  Notification under Corruption and Crime Commission Act 2003  

           Division 8 -- Amendments to 1960 Act and transitional provisions  

   9.71.   Transitional provisions  
           SCHEDULE 2.1 -- Provisions about creating, changing the boundaries of, and abolishing districts  
           SCHEDULE 2.2 -- Provisions about names, wards and representation  
           SCHEDULE 2.3 -- When and how mayors, presidents, deputy mayors and deputy presidents are elected by the council  
           SCHEDULE 2.4 -- Provisions about commissioners  
           SCHEDULE 2.5 -- Provisions about the Local Government Advisory Board  
           SCHEDULE 3.1 -- Powers under notices to owners or occupiers of land  
           SCHEDULE 3.2 -- Particular things local governments can do on land even though it is not local government property  
           SCHEDULE 4.1 -- How to count votes and ascertain the result of an election  
           SCHEDULE 4.2 -- Order of retirement from office of councillors  
           SCHEDULE 5.1 -- Provisions about standards panels  
           SCHEDULE 6.1 -- Provisions relating to the phasing in of valuations  
           SCHEDULE 6.2 -- Provisions relating to lease of land where rates or service charges unpaid  
           SCHEDULE 6.3 -- Provisions relating to sale or transfer of land where rates or service charges unpaid  
           SCHEDULE 8.1 -- Provisions about Inquiry Panels  
           SCHEDULE 9.1 -- Certain matters for which Governor may make regulations  
           SCHEDULE 9.3 -- Transitional provisions  
           Compilation table