Local Government Act 1993


Tasmanian Crest
Local Government Act 1993

An Act to provide for local government and establish councils to plan for, develop and manage municipal areas in the interests of their communities

[Royal Assent 23 December 1993]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Local Government Act 1993 .

2.   Commencement

This Act commences on a day or days to be proclaimed.

3.   Interpretation

[Section 3 Amended by No. 59 of 1996, s. 3 ]In this Act, unless the contrary intention appears –
absolute majority means more than half of the number of councillors to be elected to a council, whether or not any of them are present at a meeting of the council;
Board means the Local Government Board established under section 4 ;
Board of Inquiry means a Board of Inquiry established under section 215 ;
by-election means a by-election held under Division 9 of Part 15 ;
by-laws means by-laws made by a council under Part 11 ;
certificate of election means a certificate issued under section 304 ;
close associate means a person referred to in section 51 ;
community means the community of a municipal area;
controlling authority means an authority established under section 37 ;
council means a council established under section 18 ;
council committee means a council committee established under section 23 ;
councillor means a person elected to a council and includes the Lord Mayor, Deputy Lord Mayor, mayor, deputy mayor and alderman;
de facto spouse means a person who lives with another person of the opposite sex as his or her spouse on a genuine domestic basis although not legally married to that other person;
deputy mayor includes the Deputy Lord Mayor;
Director means the Director of Local Government appointed under section 334 ;
elector means a person entitled to vote in an election or by-election under Part 15 ;
elector poll means a poll conducted under Part 6 ;
electoral district means an electoral district referred to in section 17 ;
financial year means a period of 12 months starting on 1 July in one year and ending on 30 June in the next year;
general manager means the person appointed as such under section 61 ;
joint authority means an authority established under section 38 ;
local committee means a committee established under section 29 ;
mayor includes the Lord Mayor;
municipal area means an area referred to in section 16 ;
participating council means a council that, together with any other council or councils, establishes a joint authority under section 38 and includes any other council that the Minister has determined under that section to be a participating council;
public office means the place at which a council carries on its administrative activities;
rateable land means land in respect of which rates are payable;
rates notice means a notice referred to in section 122 ;
review means a review carried out by the Board under Part 2 ;
simple majority means the majority of councillors of a council present and able to vote at a meeting of the council or council committee;
special committee means a special committee established under section 24 ;
vehicle means a vehicle within the meaning of the Traffic Act 1925 and a bicycle.
PART 2 - Local Government Board and Review
Division 1 - Local Government Board

4.   Local Government Board

(1)  The Local Government Board is established.
(2)  [Section 4 Subsection (2) amended by No. 88 of 1995, s. 4 ]The Board consists of –
(a) one person nominated by the Local Government Association of Tasmania; and
(b) one person nominated by the Institute of Municipal Management; and
(c) one person who is the chairperson; and
(d) one person who has experience in local government; and
(e) the Director of Local Government or his or her nominee.
(3)  The persons referred to in subsection (2) (a) , (b) , (c) and (d) are appointed by the Minister.
(4)  If a nomination under subsection (2) is not made within 60 days after it is required to be made by the Minister, the Minister may appoint a person without such a nomination.
(5)  If a member of the Board referred to in paragraph (a) or (b) of subsection (2) is absent from office for any cause, the Minister may, on the nomination of the relevant body referred to in those paragraphs, appoint a person to act in the office of that member during such an absence.
(6)  If a body referred to in subsection (2) ceases to exist or changes its name, the Governor may, by order, amend that subsection by substituting –
(a) the name of a body which the Governor is satisfied substantially represents the interests represented by the body which ceases to exist; or
(b) the name of the body as changed.
(7)  Schedule 1 has effect with respect to membership of the Board.
(8)  Schedule 2 has effect with respect to meetings of the Board.

5.   Functions and powers of Board

(1)  The Board has the following functions:
(a) to carry out reviews;
(b) to advise the Minister on any other matters the Minister may determine.
(2)  The Board may do anything necessary or convenient to perform its functions.

6.   Staff

Persons employed in the Department may be appointed to assist the Board in carrying out its functions and those persons hold office in conjunction with their office in the State Service.

7.   Delegation by Board

The Board, in carrying out a review under section 8 , may delegate in writing to any person any of its functions relating to that review.
Division 2 - Reviews

8.   Review of council

(1)  The Board is to carry out a general review of a council –
(a) at least once every 8 years; or
(b) sooner if the Minister so directs.
(2)  The Minister may require the Board to carry out a specific review relating to one or more of the matters specified in section 9
(a) at any time; or
(b) at the request of a council; or
(c) on the petition, in the prescribed form, of at least 20% of the electors in the municipal area.
(3)  Before carrying out any review of a council, the Board must –
(a) give the council at least 30 days' notice of the date on which the review is to start; and
(b) publish in a daily newspaper circulating in the municipal area a statement –
(i) specifying that a review is to be carried out; and
(ii) if it is a specific review, specifying the matter or matters to be reviewed; and
(iii) inviting submissions relating to any matter referred to in section 9 or in the specific review.
(4)  The Board may carry out any review in respect of more than one council.

9.   Scope of review

(1)  Any review is to take into account any one or more of the following matters:
(a) the boundaries of the municipal area and any electoral district;
(b) the naming of the municipal area, council and electoral district;
(c) the declaration of a municipal area as a city;
(d) the creation or abolition of a municipal area or electoral district;
(e) the division of the municipal area into electoral districts;
(f) the combining of 2 or more municipal areas, parts of 2 or more municipal areas or 2 or more electoral districts;
(g) the creation or abolition of councils;
(h) the election of mayor and deputy mayor of the council;
(i) the election of councillors of the council;
(j) the total numbers of persons to be elected as councillors in a municipal area or in respect of each electoral district;
(k) any matter referred to it by the Minister.
(2)  In carrying out any review, the Board may –
(a) examine the manner in which a council performs its functions; and
(b) consider any other factor it thinks is relevant to the review.

10.   Procedure for review

(1)  The Board may carry out any review in any manner it thinks appropriate.
(2)  In carrying out any review, the Board must provide –
(a) reasonable opportunity for public consultation; and
(b) reasonable opportunity for any council affected by the review to make any submissions.
(3)  [Section 10 Subsection (3) substituted by No. 71 of 1995, s. 3 and Sched. 1 ] Section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to a review carried out by the Board as if –
(a) the Board were a Commission established under section 4 of that Act ; and
(b) the review were the inquiry being conducted by that Commission under that Act.

11.   Report of review

(1)  The Board is to submit to the Minister a written report of any review it carries out together with its recommendations.
(2)  The Board must not make any recommendation relating to an electoral district unless satisfied that –
(a) it is in the best interests of the municipal area concerned; and
(b) it would lead to a fair representation of the community in the municipal area.
(3)  On receipt of a report, the Minister is to –
(a) forward a copy of the report to –
(i) the council in respect of which the review was carried out; and
(ii) any other council the Minister considers may be affected by the recommendations of the Board; and
(b) invite any such council to make submissions on any matter covered by the report within a specified period.
(4)  After considering any submissions, the Minister may –
(a) accept any or all of the Board's recommendations; or
(b) request the Board to reconsider any or all of its recommendations; or
(c) reject any or all of the Board's recommendations.
(5)  If the Minister rejects any of the Board's recommendations in respect of a review, the Minister may not make a recommendation under section 12 relating to that recommendation in respect of that review.

12.   Result of review

(1)  [Section 12 Subsection (1) amended by No. 88 of 1995, s. 5 ]As a result of any review, the Governor by order and on the recommendation of the Minister, may –
(a) create a municipal area; or
(b) abolish a municipal area; or
(c) alter and define the boundaries of a municipal area; or
(d) combine 2 or more municipal areas or parts of such areas to form one municipal area; or
(e) divide a municipal area into 2 or more municipal areas or parts of 2 or more municipal areas; or
(f) name or change the name of a municipal area; or
(g) declare a municipal area to be a city; or
(h) create a council; or
(i) abolish a council; or
(j) dismiss all the councillors; or
(k) name or change the name of a council; or
(l) determine the total number of persons to be elected in a municipal area; or
(m) determine the number of persons to be elected in respect of each electoral district; or
(n) divide a municipal area into 2 or more electoral districts; or
(o) abolish an electoral district; or
(p) alter the boundaries of an electoral district; or
(q) combine 2 or more electoral districts in a municipal area to form one electoral district; or
(r) name or change the name of an electoral district; or
(s) determine that the mayor and deputy mayor of a council are to be elected by the electors.
(2)  If the Governor makes an order under subsection (1) , the Governor in that order may –
(a) fix a date for an election to be held; and
(b) postpone an election otherwise due; and
(c) extend the terms of office of councillors, mayors and deputy mayors.
(3)  An election fixed to be held under subsection (2) may be conducted in respect of any proposed municipal area or areas.
(4)  [Section 12 Subsection (4) amended by No. 88 of 1995, s. 5 ]An order under subsection (1) (j) may be made only in conjunction with an order made under subsection (1) (b) , (c) , (d) , (e) , (i) , (l) or (m) .

13.   Transfer of assets, &c., of abolished council

If, as a result of an order under section 12 , a municipal area is abolished and the whole of that area is combined with an existing or a new municipal area, the assets, liabilities, rights, powers and functions of the council of the abolished municipal area are, on the date of that order, transferred to the council of that existing or new municipal area.

14.   Apportionment of assets, &c., between councils

(1)  If, as a result of an order under section 12 , part of a municipal area is combined with an existing or a new municipal area, the Minister may require the councils of the municipal areas affected by the order to make an agreement in respect of the parts of the municipal area to be combined as to the apportionment of the assets, liabilities, rights, powers and functions between those councils or any proposed council.
(2)  The Minister may determine the apportionment as between the councils or proposed councils if the existing councils do not –
(a) make an agreement in relation to the apportionment; or
(b) agree in respect of one or more of the matters.

15.   Costs

(1)  A council created or directly affected by an order under section 12 is to pay the costs and expenses in relation to that order.
(2)  The Minister may apportion the costs and expenses among more than one council in any manner the Minister considers appropriate.
PART 3 - Local Government
Division 1 - Municipal areas and electoral districts

16.   Municipal areas

(1)  The State is divided into municipal areas.
(2)  A municipal area is –
(a) any area which is a city; and
(b) any area created as a municipal area under this Act; and
(c) any area which was a municipality within the meaning of the Local Government Act 1962 .
(3)  A municipal area includes –
(a) any accretion from the sea adjoining it; and
(b) any part of the sea-shore to the low-water mark adjoining it.
(4)  If a water course forming part of a boundary between 2 or more municipal areas changes its course, the Governor, by order and on the recommendation of the Minister, may –
(a) declare the boundary altered; and
(b) define the new boundary.
(5)  The name of each municipal area is specified in column 1 of Schedule 3 .
(6)  The Governor, on the recommendation of the Minister, may amend or substitute any item in column 1 of Schedule 3 in an order made under section 12 relating to municipal areas to give effect to that order.

17.   Electoral districts

(1)  A municipal area may be divided into 2 or more electoral districts.
(2)  The name of each electoral district of a municipal area is specified in column 4 of Schedule 3 .
(3)  The Governor, on the recommendation of the Minister, may amend, substitute or delete any item in column 4 or 5 of Schedule 3 in an order made under section 12 relating to electoral districts to give effect to that order.
Division 2 - Councils

18.   Establishment of councils

(1)  There is established in each municipal area a council.
(2)  The name of each council in a municipal area is specified in column 2 of Schedule 3 next to the name of that municipal area.
(3)  Schedule 4 has effect with respect to procedures relating to meetings of councils.
(4)  The Governor, on the recommendation of the Minister, may amend or substitute column 2 of Schedule 3 in an order made under section 12 relating to councils to give effect to that order.

19.   Corporation of councils

(1)  A council is a body corporate with perpetual succession and a common seal.
(2)  The corporate name of a council –
(a) in a municipal area which is a city, is to contain the name of the city; or
(b) in a municipal area which is not a city, is to contain the name of the municipal area.
(3)  The common seal is to be kept and used as authorized by the council.
(4)  A council may –
(a) acquire, hold, dispose of and otherwise deal with property; and
(b) sue and be sued in its corporate name.
(5)  The execution of a document sealed by a council is to be attested by such persons as the council determines.
(6)  All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by a council.

20.   Functions and powers of councils

(1)  The council of a municipal area has the following functions:
(a) to formulate, implement and monitor policies, plans and programmes for the provision of appropriate services and facilities to meet the present and future needs of the community;
(b) to facilitate and encourage the proper planning and development of the municipal area in the best interests of the community;
(c) to manage, improve and develop efficiently and effectively the resources available to the municipal area;
(d) to develop, implement and monitor strategic plans for the development and management of the municipal area;
(e) to provide for the health, safety and welfare of the community;
(f) to represent and promote theinterests of the community;
(g) to provide for the peace, order and good government of the municipal area.
(2)  In performing its functions, the council may do any one or more of the following either within or outside its municipal area:
(a) develop, implement and monitor programmes to ensure adequate levels of its accountability to the community;
(b) develop, implement and monitor effective management systems;
(c) develop, implement and monitor procedures for effective consultation between the council and the community;
(d) inform the community of its activities and provide reasonable opportunities for involvement in those activities;
(e) any other thing necessary or convenient.
(3)  In performing its functions or exercising its powers, a council may enter any land –
(a) if it has given the owner or occupier of the land notice of its intention to enter; or
(b) without such notice in cases of emergency.

21.   Enterprise powers

(1)  In carrying out any of its functions, a council may –
(a) participate in the formation and operation of a corporation, trust, partnership or other body; and
(b) subscribe for, or otherwise acquire and dispose of, shares in or debentures or other securities of a corporation; and
(c) become a member of a company limited by guarantee; and
(d) subscribe for, or otherwise acquire and dispose of, units in a trust; and
(e) acquire and dispose of an interest in a partnership or other body; and
(f) enter into partnership or into any arrangement for sharing of profits, union of interest, cooperation, joint venture, reciprocal concession or otherwise, with any person carrying on, or engaged in, or about to carry on or engage in, any business or transaction capable of being conducted so as to directly or indirectly benefit the community; and
(g) undertake a project or activity not directly authorized by this or another Act for the purpose of raising revenue.
(2)  A council must obtain the approval of the Minister before exercising any of its powers under subsection (1) if the exercise of that power would –
(a) involve an expenditure of at least $250 000 or 5% or more of its general rates revenue for the previous financial year, whichever is the greater; or
(b) extend the council's expenditure required to service its total borrowings to an amount in excess of 30% of its revenue other than grants made to the council for the previous financial year.
(3)  Before giving an approval, the Minister may require a council to –
(a) invite submissions from the public or conduct an elector poll in relation to the proposed exercise of any power; and
(b) consider any submissions and the result of an elector poll; and
(c) provide any further information the Minister requires.

22.   Delegation by council

(1)  Subject to subsection (2) , a council, in writing, may delegate with or without conditions to the general manager, controlling authority, a council committee, a special committee or a local committee, any of its functions or powers other than –
(a) this power of delegation, unless authorized by the council; and
(b) the powers referred to in subsection (2) .
(2)  A council, in writing, may delegate any of the following powers only to the general manager or a council committee and only on condition that the council has determined appropriate policies and procedures to be followed in relation to those powers:
(a) the imposition of fees, taxes, rates and charges;
(b) the remission or rebate of rates and charges;
(c) the making of grants or the provision of benefits.
(3)  A council must not delegate any of its powers relating to the following:
(a) the borrowing of money or other financial accommodation;
(b) the determination of the categories of expenses and allowances payable to councillors and any member of any committee;
(c) the establishment of committees, controlling authorities or joint authorities;
(d) the revision of the budget or financial estimates of the council;
(e) the revision of the strategic and operational plans of the council;
(f) the approval for, and the method of, the sale of land;
(g) the making of by-laws;
(h) the fixing of fees, rates and charges;
(i) any other prescribed power.
(4)  The general manager is to –
(a) keep a register of any delegation; and
(b) make the register available for inspection at a public office.

23.   Council committees

(1)  A council may establish, on such terms as it thinks fit, council committees to assist it in carrying out its functions under this or any other Act.
(2)  A council committee consists of councillors appointed by the council.
(3)  Schedule 4 has effect with respect to procedures relating to meetings of council committees.

24.   Special committees

(1)  A council may establish, on such terms and for such purposes as it thinks fit, special committees.
(2)  A special committee consists of such persons appointed by the council as the council thinks appropriate.
(3)  The council is to determine the procedures relating to meetings of a special committee.
Division 3 - Councillors

25.   Constitution of council

(1)  A council consists of persons elected in accordance with Part 4 .
(2)  A person elected to a city council is a councillor but may be known as an alderman.
(3)  The number of councillors for each council is specified in column 3 of Schedule 3 next to the name of that council.
(4)  The Governor, on the recommendation of the Minister, may amend or substitute column 3 of Schedule 3 in an order made under section 12 relating to councils to give effect to that order.
(5)  Schedule 5 has effect with respect to the office of councillor.

26.   Mayors and deputy mayors

(1)  The chairperson of a council is to be known as –
(a) in the case of the Hobart City Council, the Lord Mayor; and
(b) in the case of any other council, the mayor.
(2)  The deputy chairperson of the council is to be known as –
(a) in the case of the Hobart City Council, the Deputy Lord Mayor; and
(b) in the case of any other council, the deputy mayor.

27.   Functions of mayors and deputy mayors

(1)  The functions of the mayors are –
(a) to act as chairperson of the council; and
(b) to act as the principal spokesperson of the council; and
(c) to oversee the councillors in the performance of their functions and in the exercise of their powers.
(2)  The deputy mayor is to act in the position of mayor if –
(a) the mayor is absent; and
(b) the mayor or the council, by notice in writing, appoints the deputy mayor to act in the position.
(3)  An appointment under subsection (2) remains in force –
(a) for the period specified in the notice; or
(b) until sooner revoked.

28.   Functions of councillors

(1)  The councillors of a municipal area have the following functions:
(a) to represent and promote the interests of the community;
(b) to facilitate communication between the council and the community;
(c) to review the performance of the council.
(2)  In carrying out their functions, councillors are to –
(a) act in the best interests of the community; and
(b) ensure that resources and access to services and facilities are provided equitably.
Division 4 - Local committees

29.   Establishment of local committees

(1)  A council may establish a local committee to represent any interest of the electors in a locality –
(a) on its own determination; or
(b) on the petition of electors under section 30 .
(2)  Schedule 5 has effect with respect to the office of a member of a local committee.

30.   Petitions

(1)  A petition seeking the establishment of a local committee –
(a) must be in a prescribed form; and
(b) is to specify the locality for which the local committee is to be established; and
(c) is to nominate not more than 6 persons as representatives for that locality; and
(d) is to be signed by at least 100 electors in that locality; and
(e) is to be submitted to the council in the municipal area in which the locality is situated.
(2)  A council may agree to act or refuse to act on a petition.
(3)  A council may only refuse to act on a petition after it has given the community representatives for the locality an opportunity to discuss the petition.
(4)  If a council refuses to act on a petition, it must refer the petition to the Minister.
(5)  On receipt of a petition referred by a council, the Minister may –
(a) require the council to hold a poll in accordance with section 31 to determine whether a local committee should be established; or
(b) confirm the council's refusal to act on the petition.

31.   Local committee poll

(1)  A poll is to be conducted in a prescribed manner.
(2)  The Minister may determine the locality in respect of which the poll is to be conducted.
(3)  A poll is in favour of establishing a local committee if –
(a) a simple majority of the votes are so in favour; and
(b) that majority represents at least 35% of the electors in the locality.
(4)  If a poll is in favour of establishing a local committee, the council must establish a local committee.

32.   Agreements

(1)  A council is to enter into an agreement with the community representatives for the establishment of a local committee.
(2)  An agreement is to include provisions, where applicable, relating to the following matters:
(a) the powers and functions of the proposed local committee;
(b) the delegation of powers and functions to the proposed local committee;
(c) the initial election, vacation and termination of office of members of the proposed local committee;
(d) the date of such an election;
(e) the annual budget of the proposed local committee;
(f) the rates, charges and levies to be applied in relation to the services provided in the locality;
(g) the reimbursement of expenses of members of the proposed local committee;
(h) the meeting procedures of the proposed local committee;
(i) the manner in which the proposed local committee is to be abolished;
(j) any other prescribed matter.
(3)  A council is to submit to the Minister a copy of the agreement signed by all parties.

33.   Election and membership of local committee

(1)  A local committee consists of at least 6 members elected by the electors of the locality.
(2)  The election of members of a local committee established under section 29 may be held concurrently with the election for councillors of the municipal area in which that locality is placed.
(3)  A councillor may stand for election as a member of a local committee.
(4)  A council of a municipal area may nominate a councillor as a member of a local committee established in that municipal area but that nominated member is not entitled to vote.
(5)  The term of office of a member of a local committee ends on the date of issue of a certificate of election for the next election of the council which established that local committee.
(6)  If an election under this section is held in conjunction with an election for councillors, it is to be held in accordance with Part 15 .

34.   Meetings of local committee

(1)  A local committee is to hold an annual general meeting no later than 15 December in each year to report on its activities.
(2)  Only electors in the locality are entitled to vote at an annual general meeting.
(3)  A resolution at an annual general meeting is passed by a majority of votes taken by a show of hands or by a secret ballot as determined by the local committee.
(4)  A resolution passed at an annual general meeting is to be considered at the next meeting of the local committee.

35.   Disputes

(1)  A council, a community representative for a proposed local committee or the local committee may refer any serious dispute arising between them to the Minister.
(2)  The Minister may issue directions to a council, a community representative for a proposed local committee or the local committee to resolve a dispute.

36.   Expiry of Division

This Division expires on 30 November 1996 and after that date any local committee established under this Division ceases to exist.
Division 5 - Controlling and joint authorities

37.   Controlling authorities established by one council

(1)  A council may establish a controlling authority with the following functions:
(a) to carry out any scheme, work or undertaking on behalf of the council;
(b) to manage or administer any property or facilities on behalf of the council;
(c) to provide facilities or services on behalf of the council;
(d) to carry out any other functions on behalf of the council.
(2)  A council may make provision for –
(a) the membership of a controlling authority; and
(b) the term of office and remuneration of members of a controlling authority; and
(c) the proceedings of a controlling authority; and
(d) the powers of a controlling authority; and
(e) the rules for the conduct of the business of a controlling authority.
(3)  A council may remove a person from membership of a controlling authority by resolution of the council.
(4)  A liability incurred by a controlling authority may be enforced against a controlling authority or the council by which it was established.
(5)  A council may abolish a controlling authority.
(6)  If a controlling authority is abolished, its rights and liabilities vest in the council which abolished it.
(7)  The establishment of a controlling authority under this section does not affect the powers of the council to act in any matter itself.

38.   Joint authorities established by 2 or more councils

(1)  [Section 38 Subsection (1) omitted by No. 59 of 1996, s. 4 ].  .  .  .  .  .  .  .  
(2)  Two or more councils may, with the Minister's approval, establish a joint authority with the following functions:
(a) to carry out any scheme, work or undertaking;
(b) to provide facilities or services;
(c) to perform any function or duty of the councils under this or any other Act.
(3)  An application for the Minister's approval must be –
(a) in a form approved by the Minister; and
(b) accompanied by any information the Minister requires; and
(c) accompanied by a copy of the proposed rules of the joint authority.
(4)  [Section 38 Subsection (4) substituted by No. 59 of 1996, s. 4 ]The Minister may –
(a) before approving an application and after consultation with the proposed participating councils; or
(b) after a joint authority is established and after consultation with the participating councils –
determine that another council be included as a participating council for the purposes of this section.
(5)  The Minister may include a council as a participating council if a function of the proposed joint authority cannot be adequately performed without the inclusion of the council.
(6)  The Minister may only include a council as a participating council if –
(a) the Minister has given the council a reasonable opportunity to make written submissions in relation to the matter; and
(b) on consideration of any submissions, it is reasonable in all the circumstances that the council be so included.
(7)  If a council is included as a participating council under subsection (4) , the Minister may, after consultation with all the participating councils, amend the rules of the joint authority.
(8)  After approving an application to establish a joint authority, the Minister, by notice in the Gazette, is to declare –
(a) that the joint authority is established on a specified date; and
(b) the name of the joint authority; and
(c) the purpose for which the joint authority is established.
(9)  A joint authority established under this section –
(a) is a body corporate; and
(b) has the powers and functions specified in its rules.
(10)  A joint authority is to be wound up –
(a) at the direction of the Minister; or
(b) on the decision of all the participating councils and with the approval of the Minister.
(11)  A council may, with the approval of the Minister and subject to any condition, cease to be a participating council.

39.   Rules of joint authority

(1)  The rules of a joint authority established under section 38 must provide for –
(a) the membership of the joint authority; and
(b) the term of office and remuneration of members of the joint authority; and
(c) the proceedings of the joint authority; and
(d) financial contributions to the joint authority by the participating councils; and
(e) the functions and powers of the joint authority; and
(f) the rules of conduct of the business of the joint authority; and
(g) the manner in which property of the joint authority is to be distributed in the event of it being wound up; and
(h) the withdrawal of a participating council from membership of a joint authority; and
(i) the proportions in which the participating councils are to be responsible for the liabilities of the joint authority in the event of its insolvency; and
(j) accounts and audit to be carried out in accordance with the Financial Management and Audit Act 1990 ; and
(k) any other prescribed matter.
(1A)  [Section 39 Subsection (1A) inserted by No. 59 of 1996, s. 5 ]In the case of a joint authority to which Part 3A applies, the rules must provide for –
(a) dividends payable by the joint authority in respect of the results of the financial transactions of the authority during each financial year; and
(b) the method by which payments received from the Treasurer and comptroller under Part 3A are to be distributed between participating councils; and
(c) the method by which a comptroller is to be appointed for the purposes of Part 3A and the requirements for any such appointment.
(1B)  [Section 39 Subsection (1B) inserted by No. 59 of 1996, s. 5 ]The rules must be consistent with the requirements of the corporatisation model for government business enterprises referred to in the Competition Principles Agreement made between the Commonwealth, the States and the Territories as in force from time to time.
(2)  The rules may empower the joint authority to make by-laws under Part 11 as if it were a council.
(3)  The rules must not provide for functions and powers of the joint authority that exceed any of the functions and powers of the participating councils.
(4)  The rules may, with the approval of the Minister, be amended by the participating councils acting jointly.
PART 3A - Payments by Joint Authorities
[Part 3A  Inserted by No. 59 of 1996, s. 6 ]

39A.   Interpretation: Part 3A

[Section 39A Inserted by No. 59 of 1996, s. 6 ]In this Part, unless the contrary intention appears –
authority to which this Part applies means a joint authority established under Division 5 of Part 3 and specified in an order made under section 39B (a) ;
comptroller means a person administering guarantee fees on behalf of participating councils.

39B.   Application of this Part

[Section 39B Inserted by No. 59 of 1996, s. 6 ]This Part applies only to –
(a) a joint authority that is declared, by an order made by the Governor and published in the Gazette, to be an authority to which this Part applies; and
(b) a participating council of any such joint authority.

39C.   Payments to participating councils

[Section 39C Inserted by No. 59 of 1996, s. 6 ]
(1)  The Treasurer and a comptroller must pay to the relevant participating councils the proceeds of all payments received under this Part at such times as are agreed with the participating councils.
(2)  In the case of an authority to which this Part applies, the amount to be paid to the participating councils is the amount of all payments made to the Treasurer or comptroller by the authority after adjustments are made for any refunds or variations to which the authority is entitled.
(3)  The Treasurer and a comptroller may deduct from any amount payable under this section an amount representing the fair and reasonable cost which he or she has incurred in the administration of this Part.
(4)  The Treasurer and a comptroller must, before 31 August in each year, provide each participating council with a summary showing the calculation and payment of income tax equivalents, sales tax equivalents and guarantee fees for which the Treasurer or comptroller was responsible under this Part during the previous financial year.

39D.   Application of certain provisions of the Government Business Enterprises Act 1995

[Section 39D Inserted by No. 59 of 1996, s. 6 ]
(1)  Parts 1 and 10 , except section 68 , Division 1 of Part 11 , except section 81 , and sections 114 and 118 of the Government Business Enterprises Act 1995 apply in relation to the calculation, determination and payment of income tax equivalents, sales tax equivalents and guarantee fees by an authority to which this Part applies as if –
(a) the authority were a Government Business Enterprise specified in Schedules 2 and 3 of that Act ; and
(b) a reference to the Crown in section 70 (2) of that Act were read as a reference to a public body carrying out some or all of the functions that are ordinarily carried out by a council; and
(c) a reference to the Treasurer in Division 1 of Part 11 of that Act were read as a reference to a comptroller within the meaning of this Part; and
(d) a reference to the Consolidated Fund in Part 10 of that Act were read as a reference to an account within the Special Deposits and Trust Fund; and
(e) a reference to the Consolidated Fund in Division 1 of Part 11 of that Act were read as a reference to the comptroller.
(2)  For the purposes of the application of the Parts, Division and sections specified in subsection (1) , the terms specified in section 3 of the Government Business Enterprises Act 1995 apply except as provided in subsection (1) or in regulations made under subsection (3) .
(3)  Regulations may be made modifying the provisions of the Parts, Division and sections specified in subsection (1) .

39E.   Appointment of comptroller

[Section 39E Inserted by No. 59 of 1996, s. 6 ]
(1)  The participating councils must, for the purposes of this Part, appoint a comptroller who is to be responsible for all matters in respect of the calculation, determination and payment of guarantee fees and any other relevant matters.
(2)  A comptroller is to be appointed in accordance with rules made under section 39 relating to a joint authority.
PART 4 - Elections
Division 1 - Mayors and deputy mayors

40.   Election by councillors or electors

The mayor and deputy mayor are to be elected by the councillors or the electors as the Governor may by order determine.

41.   Eligibility for nomination as mayor or deputy mayor

(1)  A person is eligible to nominate as a candidate for the office of mayor if the person –
(a) is eligible to nominate as a candidate for a councillor under Part 15 ; and
(b) has at any time been elected or appointed to any council in this State for a period of at least 12 months.
(2)  A person is eligible to nominate as a candidate for the office of deputy mayor if the person is eligible to nominate as a candidate for a councillor under Part 15 .
(3)  A person may not be a candidate for both the offices of mayor and deputy mayor at the one election.
(4)  A person may not accept the office of mayor or deputy mayor unless the person is a councillor.
(5)  [Section 41 Subsection (5) amended by No. 88 of 1995, s. 6 ]The provisions of Division 4 of Part 15 relating to notices of nominations apply to a person who is eligible to nominate as a candidate for the office of mayor or deputy mayor at an election by the electors.

42.   Election by councillors

(1)  [Section 42 Subsection (1) amended by No. 88 of 1995, s. 7 ]The election of the mayor and deputy mayor by the councillors is to be made at the first meeting of the council following the election of councillors under Part 15 or following the occurrence of a vacancy in the office of mayor or deputy mayor.
(2)  The elections under subsection (1) are to be carried out in accordance with prescribed procedures.
(3)  [Section 42 Subsection (3) amended by No. 88 of 1995, s. 7 ]The council, by absolute majority, may declare the office of mayor or deputy mayor to be vacant as at a specified date.

43.   Election by electors

(1)  [Section 43 Subsection (1) substituted by No. 88 of 1995, s. 8 ]If the mayor and deputy mayor of a council within a municipal area which is divided into electoral districts are to be elected by the electors, the election is to be conducted without taking into account those electoral districts.
(2)  The election of mayor and the election of deputy mayor are each separate elections from the election of councillors but must be held on the same day as the election of councillors.
(3)  The election of mayor and deputy mayor is to be held in accordance with Part 15 .

44.   Term of office

(1)  The term of office of mayor and deputy mayor elected under section 43 is a period of 2 years starting on the date of issue of a certificate of election and ending on the date of issue of the next certificate of election.
(2)  The term of office of mayor and deputy mayor elected by a council under section 42 is a period commencing on the date of that election and ending on whichever is the earlier date –
(a) the date of the first meeting of the council following the election of councillors held under section 45 ; or
(b) the date on which the council declares that office to be vacant under section 42 (3) .
(3)  If the office of mayor becomes vacant for any reason, the deputy mayor is to act in that office for the balance of the term unless the council otherwise determines.
(4)  If the office of deputy mayor becomes vacant for any reason, the councillors are to elect one of their number to the office of deputy mayor for the balance of the term.
Division 2 - Councillors

45.   Election of councillors

(1)  A councillor is to be elected –
(a) if a municipal area is not divided into electoral districts, by the electors in that municipal area; or
(b) if a municipal area is divided into electoral districts, by the electors of the electoral district in respect of which the councillor is to be elected.
(2)  The election of councillors is to be held in accordance with Part 15 .
(3)  The number of persons to be elected as councillors by each electoral district is specified in column 5 of Schedule 3 next to the name of that electoral district.

46.   Term of office of councillors

(1)  The term of office of a councillor is a period of 4 years.
(2)  If an election is to be held for all the councillors of a council, the term of office for a councillor is –
(a) if there is an even number of councillors to be elected from the municipal area or electoral district –
(i) a period of 4 years for the half of the number of councillors who are first elected; and
(ii) a period of 2 years for the other half of those councillors; and
(b) if there is an uneven number of councillors to be elected from a municipal area –
(i) a period of 4 years for the simple majority of the number of councillors who are first elected; and
(ii) a period of 2 years for the remaining number of those councillors; and
(c) if there is an uneven number of councillors to be elected from an electoral district –
(i) a period of 4 years for the half or simple majority (depending on whether there is an even or uneven number to be elected from the municipal area) of the number of councillors who received the greatest number of first preference votes; and
(ii) a period of 2 years for the remaining number of those councillors.
(2A)  [Section 46 Subsection (2A) inserted by No. 88 of 1995, s. 9 ]If there is no poll required to elect councillors, the councillors who are taken to be first elected are to be determined by the drawing or casting of lots conducted by the returning officer in the prescribed manner.
(2B)  [Section 46 Subsection (2B) inserted by No. 88 of 1995, s. 9 ]If a by-election is held concurrently with an election, the last councillor who is elected fills the casual vacancy for which the by-election was held.
(2C)  [Section 46 Subsection (2C) inserted by No. 88 of 1995, s. 9 ]The Governor, on the recommendation of the Minister, may make an order determining the term of office of a councillor of a council elected –
(a) at an election following the dismissal of all the councillors of that council; or
(b) at a deferred poll.
(3)  The period of the term of office of a councillor starts on the date of issue of a certificate of election and ends on the date of issue of the next certificate of election.

47.   Resignations

(1)  A councillor may resign from office at any time.
(2)  A resignation is to be made in writing and forwarded to the general manager.
(3)  The resignation takes effect upon its receipt by the general manager.
(4)  A councillor who has resigned as mayor or deputy mayor may continue in office as councillor.
(5)  A councillor who holds the office of a mayor or deputy mayor and resigns as councillor ceases to hold such office.
PART 5 - Interests

48.   Declaration of interest

(1)  A councillor must not participate at any meeting of a council, council committee, local committee, special committee, controlling authority or joint authority in any discussion, nor vote on any matter, in respect of which the councillor –
(a) has an interest; or
(b) is aware or ought to be aware that a close associate has an interest.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A councillor must declare any interest in a matter before any discussion on that matter commences.

Penalty:  Fine not exceeding 50 penalty units.

(3)  On declaring an interest, the councillor is to leave the room in which the meeting is being held.

Penalty:  Fine not exceeding 20 penalty units.

(4)  The councillor is to notify in writing the general manager of the details of any interest declared under this section within 7 days of so declaring.

Penalty:  Fine not exceeding 20 penalty units.

(5)  The general manager is to –
(a) ensure that the declaration of interest is recorded in the minutes of the meeting at which it is made; and
(b) record the details of any interest declared in the register of interests kept under section 54 .
(6)  In addition to any penalty imposed under this section, a court may make an order –
(a) barring the councillor from nominating as a candidate at any election for a period not exceeding 7 years; and
(b) dismissing the councillor from office.

49.   Having an interest

(1)  A councillor has an interest in a matter if the councillor or a close associate would, if the matter were decided in a particular manner, receive or have a reasonable expectation of receiving a direct or indirect pecuniary benefit or a direct or indirect pecuniary detriment.
(2)  A councillor who is a member or employee of an agency or instrumentality of the Crown is to be treated as having an interest in a matter only if the matter directly concerns that agency or instrumentality.

50.   Indirect interest

A councillor has an indirect interest in a matter if –
(a) the councillor or a close associate is a member of a company or other body which has any pecuniary interest in the matter under consideration; or
(b) the councillor or a close associate is a partner, agent, consultant or employee of a person who has any pecuniary interest in the matter under consideration; or
(c) the councillor or a close associate is a director, manager, employee or agent of a company which has any pecuniary interest in the matter under consideration.

51.   Close associate

For the purposes of this Part, a person is a close associate of a councillor if that person is –
(a) a body corporate of which the councillor is a director or a member of the governing body; or
(b) a proprietary company in which the councillor is a shareholder; or
(c) a public company in which the councillor is directly or indirectly a substantial shareholder; or
(d) a beneficiary under a trust or an object of a discretionary trust of which the councillor is a trustee; or
(e) a partner of the councillor; or
(f) the employer or an employee of the councillor; or
(g) a person from whom the councillor has received, or might reasonably be expected to receive, a fee, commission or other reward for providing professional or other services; or
(h) the spouse or de facto spouse of the councillor or of the councillor's son or daughter; or
(i) the son, daughter, brother, sister, mother or father of the councillor or their spouse or de facto spouse.

52.   Non-application of Part

(1)  This Part does not apply to a councillor who has any direct or indirect pecuniary interest in any matter –
(a) if the benefit or detriment is one received in common with all or a substantial proportion of the electors or residents of the municipal area or electoral district; or
(b) if the matter relates to an insurance or indemnity policy being considered by or taken out by the council to insure or indemnify councillors or their spouses or de facto spouses unless the matter relates to, or is a claim made by, the councillor; or
(c) only because the matter involves –
(i) expenditure from money belonging to, or held by, a council and the councillor contributes to the money as a ratepayer; or
(ii) the declaration of rates and charges or the fixing of a fee by a council; or
(iii) the terms and conditions on which the right to participate in the supply of goods and services is offered to members of the public; or
(d) only as a person to whom goods or services are supplied in the same manner and subject to the same terms and conditions as apply to members of the public; or
(e) only as a member of a body, club, union or other organization which is a non-profit organization if no personal benefit or detriment to the councillor or the councillor's spouse or de facto spouse is involved; or
(f) only in planning and development matters which apply throughout the municipal area or electoral district and which do not result in any particular benefit or detriment to the councillor or close associate which are not common to other members of the public; or
(g) in relation to the consideration of an application or request for approval, authorization, licence, permit, exemption or other right under this or any other Act, if the extent of the interest of the councillor or close associate is the same as other members of the public; or
(h) only as an employee in the service of the Crown or of a body established under any Act for a publicpurpose; or
(i) if the matter relates to any allowances and expenses payable to the councillor; or
(j) only by reason of being a candidate for election as councillor, mayor or deputy mayor; or
(k) only as a member of a body who is appointed or nominated by a council.
(2)  This Part does not apply to any direct or indirect pecuniary interest which is a beneficial interest in shares of a company or other body where the total nominal value of those shares does not exceed whichever is the less of the following amounts:
(a) an amount of $10 000; or
(b) an amount which is 1% of the total nominal value of the issued share capital of the company or body.

53.   Notification of interest

(1)  Any person who considers that a councillor has an interest in a matter to be, or being, dealt with by a council may notify the general manager in writing of that interest.
(2)  On receipt of a notification, the general manager is to advise –
(a) the mayor; and
(b) the councillor who is the subject of the notification.

54.   Register of interests

(1)  The general manager is to keep a register of interests.
(2)  A person, by notice in writing, may inquire from the general manager if a councillor has registered a particular interest.
(3)  The general manager, by notice in writing, is to give a person inquiring under subsection (2) confirmation or denial of a particular interest.
(4)  The general manager is to keep a record of inquiries and is not to reveal any other information on the register.
(5)  The register is exempt from the provisions of the Freedom of Information Act 1991 .

55.   Pecuniary interest of employees

(1)  An employee of a council is to notify the general manager, or in the case of the general manager to notify the mayor, in writing of any direct or indirect pecuniary interest as referred to in this Part that the employee or the general manager has in any matter in respect of which he or she –
(a) provides advice to the council or council committee; or
(b) makes a decision or determination; or
(c) makes a recommendation to the council or council committee.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The general manager is to –
(a) advise the council of the existence of any interest notified under subsection (1) ; and
(b) keep a register of any such interest.
(3)  Any register kept under subsection (2) (b) is exempt from the provisions of the Freedom of Information Act 1991 .

56.   Validity of decisions

Any proceedings or decisions of a council, council committee, local committee, special committee, controlling authority or joint authority are not invalid by reason only that at the time the proceedings were held or the decisions were made, a councillor –
(a) had not declared an interest as required by section 48 ; or
(b) had voted on a matter in respect of which the councillor had not declared such an interest.
PART 6 - Public Meetings and Polls

57.   Issues of significant interest

The following are issues of significant interest to the community for the purposes of this Part:
(a) a matter a council declares to be such an issue;
(b) a matter the electors, by a petition made and accepted under section 58 , seek to be treated as such an issue.

58.   Petitions

(1)  A petition seeking a matter to be treated as an issue of significant interest to the community –
(a) must be in the prescribed form; and
(b) is to be submitted to the general manager; and
(c) must be signed by whichever is the lesser of the following:
(i) 5% of the electors in the municipal area;
(ii) 1 000 of those electors.
(2)  If the petition complies with this section, it is to be tabled at the next ordinary meeting of the council and is taken to be accepted by the council on that tabling.

59.   Public meetings and submissions

(1)  [Section 59 Subsection (1) amended by No. 88 of 1995, s. 10 ]After the first meeting of a council after a petition is accepted by a council, the council must –
(a) set a date no later than 30 days after a petition is tabled under section 58 , and a time and place of a public meeting to discuss the issue; and
(b) in a notice publicly displayed and a copy of which is published on at least 3 occasions in a daily newspaper circulating in the municipal area –
(i) state those details; and
(ii) invite written submissions in relation to the issue to be lodged with the council.
(2)  A submission must be lodged within 21 days after the first publication of the notice.
(3)  Any submission received is to be summarized in a document, copies of which are to be made available to those attending the public meeting.
(4)  The minutes of the next ordinary meeting of the council are to record –
(a) a summary of any submission received under this section; and
(b) any resolution passed at a public meeting held under this section.

60.   Elector polls

(1)  A council must hold an elector poll if –
(a) a petition requesting the elector poll is submitted to it within 30 days after a public meeting is held pursuant to section 59 ; and
(b) the petition is signed by at least 5% of the electors or 1 000 of the electors in the municipal area, whichever is the lesser.
(2)  An elector poll is to be –
(a) held within 60 days after the receipt of a petition under subsection (1) unless the petition specifies that it be held in conjunction with the next election; and
(b) conducted in a manner determined by the council.
(3)  If an elector poll is held in conjunction with the next election, it is to be held in accordance with Part 15 .
(4)  A matter which is the subject of an elector poll is to be decided by a simple majority.
(5)  A council is to –
(a) publish the result of an elector poll in a newspaper circulating in the municipal area; and
(b) discuss the result at its next ordinary meeting.
(6)  The result of an elector poll is not binding on a council.
(7)  A further elector poll on the same issue of significant interest may not be held until after the next ordinary elections.

60A.   Council initiated elector polls

[Section 60A Inserted by No. 88 of 1995, s. 11 ]
(1)  A council, on its own motion, may hold an elector poll on any issue the council determines.
(2)  An elector poll under subsection (1) may be conducted in any manner the council determines.
PART 7 - Administration
Division 1 - General manager and employees

61.   Appointment of general manager

A council is to appoint a person as general manager for a term not exceeding 5 years on such terms and conditions as it considers appropriate.

62.   Functions of general manager

(1)  The general manager of a council has the following functions:
(a) to provide advice to the council with respect to its functions and powers;
(b) to co-ordinate the development of objectives, policies and programmes for the consideration of council;
(c) to assist the council in the preparation of the strategic and operational plans for the council;
(d) to implement the policies and decisions of the council;
(e) to manage the resources of the council;
(f) to establish and maintain human resource policies and procedures;
(g) to prepare any reports required by the council;
(h) to keep and maintain records required to be kept under this or any other Act;
(i) to carry out any other function the council decides.
(2)  The general manager may do anything necessary or convenient to perform any functions under this or any other Act.
(3)  A council may exercise any power or perform any function referred to in this section if, by an absolute majority, it passes a resolution to that effect.
(4)  If a council is exercising a power or performing a function under subsection (3)
(a) it must not delegate that power or function; and
(b) the general manager must not exercise that power or perform that function.

63.   Employees

(1)  The general manager of a council may –
(a) appoint persons as employees of the council; and
(b) allocate duties to employees; and
(c) control and direct employees; and
(d) suspend or dismiss employees.
(2)  A council is to ensure that –
(a) all employees are appointed and promoted according to merit and without discrimination; and
(b) all employees receive fair and equitable treatment without discrimination.

64.   Delegation by general manager

The general manager, in writing, may delegate to an employee of the council –
(a) any functions or powers other than this power of delegation; and
(b) any functions or powers delegated by the council which the council authorized the general manager to delegate.

65.   Qualified persons

(1)  A general manager must ensure that any advice, information or recommendation given to the council or a council committee is given by a person who has the qualifications or experience necessary to give such advice, information or recommendation.
(2)  A council or council committee is not to decide on any matter which requires the advice of a qualified person without considering such advice unless the general manager certifies in writing that such advice was obtained and taken into account in providing general advice to the council or council committee.
(3)  The Minister, by order, may determine the qualifications and experience required by a person to be a qualified person.
(4)  If the Minister does not make an order under subsection (3) , the general manager may determine the qualifications and experience required by a person to be a qualified person.
Division 2 - Plans and report

66.   Strategic plan

(1)  A council is to prepare a strategic plan for the municipal area.
(2)  A strategic plan is to be in respect of at least a 5 year period and reviewed each financial year.
(3)  In preparing a proposed strategic plan, a council is to consult with such other authorities and bodies as it considers appropriate.
(4)  The general manager is to make a copy of a proposed strategic plan available for public inspection at the public office during ordinary office hours.

67.   Contents of strategic plan

A strategic plan of a council is to include all of the following:
(a) a statement of the council's social, environmental, economic and financial objectives, policies and programmes;
(b) the major strategies to be used in achieving the council's objectives and giving effect to its policies and programmes;
(c) a statement of procedures to be carried out in relation to consultations with the community.

68.   Public notice of proposed strategic plan

(1)  After preparing a strategic plan, a council, by public notice in a daily newspaper circulating in the municipal area, is to –
(a) give notice that the proposed strategic plan is available for public inspection at its public office during ordinary office hours; and
(b) invite written submissions in respect of the proposed strategic plan.
(2)  A written submission is to be lodged with the general manager within 60 days of the first public notice.
(3)  A council is to consider any submissions before it adopts the strategic plan.

69.   Public inspection of strategic plan

As soon as a council adopts a strategic plan, the general manager is to –
(a) make a copy of the strategic plan available for public inspection at the public office during ordinary office hours; and
(b) provide the Director with a copy of the strategic plan.

70.   Submissions on strategic plan

(1)  A council is to report at its annual general meeting any significant proposals to be included in the strategic plan.
(2)  A council is to –
(a) provide an opportunity for the electors at the meeting to discuss the proposals; and
(b) invite written submissions in respect of the proposals.
(3)  A written submission is to be lodged with the general manager within 30 days of the annual general meeting.
(4)  A council is to consider any submissions before updating the strategic plan.

71.   Operational plan

(1)  Before the start of each financial year, a council is to prepare and approve an operational plan for the municipal area for that financial year.
(2)  [Section 71 Subsection (2) amended by No. 8 of 1995, s. 4 ]An operational plan is to be consistent with the strategic plan and is to include all of the following:
(a) a plan for the development and use of financial resources, human resources and assets;
(b) the targets to be achieved by the council during the period covered by the plan;
(c) a statement of the actions required to achieve the targets;
(d) a statement of the financial and other resources required to achieve the targets;
(e) an appraisal of the current issues of importance to the municipal area;
(f) any prescribed matter.
(3)  The general manager is to –
(a) make a copy of the operational plan available for public inspection at the public office during ordinary business hours; and
(b) provide the Director with a copy of the operational plan.

72.   Annual report

(1)  A council must prepare an annual report containing all of the following:
(a) a summary of the operational plan for the preceding financial year;
(b) a statement of the council's activities and its performance in respect of targets set for the preceding financial year;
(c) the financial statements for the preceding financial year;
(d) a copy of the audit opinion for the preceding financial year;
(e) any other prescribed matter.
(2)  The general manager is to –
(a) submit 2 copies of the report to the Director; and
(b) make available copies of the report for public inspection; and
(c) make available copies of the report for purchase on payment of a prescribed fee; and
(d) advertise the availability of the report in a daily newspaper circulating in the municipal area on at least 2 separate occasions.
(3)  A council must invite the community to make submissions on its report for discussion at its annual general meeting.
PART 8 - Financial Management
Division 1 - Funds, expenditure and investments

73.   Sources of funds

A council may raise funds in any one or more of the following ways:
(a) by imposing rates, fees and charges;
(b) by receiving interest and dividends on investments;
(c) by selling property and assets;
(d) by leasing or hiring out property;
(e) by obtaining grants and other allocations of money;
(f) by carrying out commercial activities;
(g) by receiving gifts and bequests;
(h) by recovering fees, charges, penalties or other money payable to the council;
(i) by any other means approved by the Treasurer.

74.   Expenditure

A council may expend its funds for the purpose of exercising its powers or carrying out its functions under this or any other Act within the estimates prepared under section 82 .

75.   Investments

[Section 75 Substituted by No. 88 of 1995, s. 12 ]A council may invest any money –
(a) in any manner in which a trustee is authorised by law to invest trust funds; and
(b) in any investment the Treasurer approves.

76.   Writing off bad debts

(1)  A council may write off any debts owed to the council –
(a) if there are no reasonable prospects of recovering the debt; or
(b) if the costs of recovery are likely to equal or exceed the amount to be recovered.
(2)  A council must not write off a debt unless the general manager has certified –
(a) that reasonable attempts have been made to recover the debt; or
(b) that the costs of recovery are likely to equal or exceed the amount to be recovered.

77.   Grants and benefits

(1)  A council may make a grant or provide a benefit to any person, other than a councillor, for any purpose it considers appropriate.
(2)  The details of any grant made or benefit provided are to be included in the annual report of the council.
Division 2 - Borrowings

78.   Borrowings

(1)  A council, for the purpose of raising a loan or obtaining any form of financial accommodation, may decide by an absolute majority to provide any of the following forms of security:
(a) debentures;
(b) bills of sale, mortgages or other charges;
(c) inscribed stock;
(d) guarantees;
(e) any other document evidencing indebtedness other than bearer instruments.
(2)  [Section 78 Subsection (2) substituted by No. 88 of 1995, s. 13 ]A council may not raise a loan in any financial year exceeding any amount the Treasurer determines for that financial year.
(3)  In this section, loan includes any financing arrangement as determined by the Treasurer.

79.   Debentures and inscribed stock

(1)  If a council proposes to issue debentures or inscribed stock for the purpose of raising money, it must –
(a) assign a distinguishing classification to the debentures or inscribed stock to be included in the issue so as to distinguish them from those included or to be included in previous or subsequent issues; and
(b) appoint a trustee for the holders of the debentures or inscribed stock if the debentures or stock are being offered generally to members of the public.
(2)  The holders of debentures or inscribed stock of a particular classification rank equally and have priority over the holders of debentures or inscribed stock included in a subsequent issue.
(3)  If a council defaults in carrying out its obligations under a loan secured by debentures or inscribed stock charged on the general revenue of the council, the Supreme Court may, on the application of a creditor or trustee for the holders of the debentures or inscribed stock –
(a) direct the council to appropriate a specified portion of its revenue to the satisfaction of its obligations under the loan; or
(b) require the council to raise a specified amount by way of rates and order that the amount raised be applied towards satisfaction of the council's obligations under the loan; or
(c) give such other directions as are necessary or desirable.
(4)  The rights of the creditor or trustee under subsection (3) are in addition to any other right that exists independently of that subsection.
(5)  In this section, debenture includes any form of charge on the general revenue of a council.

80.   Limit on borrowing

(1)  Except with the approval of the Minister, a council may not borrow additional money for any purpose if the annual payments required to service the total borrowings would exceed 30% of its revenue of the preceding financial year.
(2)  Grants made to a council for specific purposes are to be excluded in calculating 30% of revenue of the council.
Division 3 - Accounts and audit

81.   Bank, building society or credit union accounts

[Section 81 Amended by No. 62 of 1996, s. 3 and Sched. 1 ]A council may establish and maintain in its corporate name such bank, building society or credit union accounts as it considers necessary.

82.   Estimates

(1)  The general manager must prepare estimates of the council's revenue and expenditure for each financial year.
(2)  Estimates are to contain details of the following:
(a) the estimated revenue of the council;
(b) the estimated expenditure of the council;
(c) the estimated borrowings by the council;
(d) the estimated capital works of the council;
(e) any other detail required by the Minister.
(3)  Estimates for a financial year must –
(a) be adopted by the council, with or without alteration, by absolute majority; and
(b) be adopted before 31 August in that financial year; and
(c) not be adopted more than one month before the start of that financial year.
(4)  A council may alter by absolute majority any estimate referred to in subsection (2) during the financial year.

83.   Records

The general manager is to keep records of –
(a) the transactions and activities of the council, council committees, special committees, local committees and controlling authorities; and
(b) the assets and liabilities of the council.

84.   Financial reports

(1)  Within 90 days after the end of a financial year, the general manager is to prepare a financial report for the council relating to that financial year.
(2)  The financial report for a financial year is to –
(a) comply with Australian Accounting Standards; and
(b) contain a summary of accounting policies; and
(c) contain a comparison between the council's actual and estimated revenue and expenditure for that financial year; and
(d) contain a statement of any revenue and expenditure of a council committee, a local committee, a special committee or a controlling authority; and
(e) contain any other information the Minister determines.
(3)  The general manager, one councillor and either the mayor or deputy mayor are to certify as to the correctness of the financial statements.
(4)  In this section Australian Accounting Standards means Statements of Accounting Standards and Statements of Accounting Concepts issued by the Australian Accounting Research Foundation on behalf of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors.

85.   Audit

(1)  The accounts and financial reports of a council are subject to the Financial Management and Audit Act 1990 .
(2)  The accounts and financial reports of the council may be audited by private auditors with the approval of, and subject to any terms and conditions determined by, the Auditor-General.
PART 9 - Rates and Charges
Division 1 - General provisions

86.   Interpretation of Part 9

[Section 86 Amended by No. 8 of 1995, s. 5 ]In this Part –
assessed annual value means the assessed annual value as defined in the Land Valuation Act 1971 ;
capital value means the capital value as defined in the Land Valuation Act 1971 ;
general rate means a rate made under section 90 ;
land means a parcel of land which is shown as being separately valued in the valuation list prepared under the Land Valuation Act 1971 ;
land value means the land value as defined in the Land Valuation Act 1971 ;
notice of variation means a notice referred to in section 108 ;
occupier means a person who has possession of land;
owner of land means a person whose name appears as the owner on a valuation roll prepared under the Land Valuation Act 1971 ;
rate means a general rate, separate rate, construction rate and service rate and includes –
(a) for the purposes of Division 9 , a charge made under this Part; and
(b) for the purposes of Divisions 10 and 11
(i) a charge made under this Part; and
(ii) any penalty imposed and interest charged under section 128 ;
ratepayer means the person liable to pay rates in respect of land in accordance with this Part;
rates notice means –
(a) a supplementary notice under section 92 ; and
(b) a notice under section 122 ;
separate rate means a rate made under section 100 ;
service charge means a charge made under section 94 ;
service rate means a rate made under section 93 ;
supplementary valuation means a supplementary valuation made under the Land Valuation Act 1971 .

87.   Exemption from rates

(1)  [Section 87 Subsection (1) amended by No. 98 of 1995, s. 42 and Sched. 5 ]All land is rateable except that the following are exempt from general and separate rates and any rate collected under section 88 or 97 :
(a) land owned and occupied exclusively by the Commonwealth;
(b) land owned by the Crown which is unoccupied or occupied exclusively for public purposes (other than under the Homes Act 1935 );
(c) land owned and occupied exclusively by a Marine Board under the Marine Act 1976 within the boundaries of a wharf as defined in section 19 of that Act ;
(d) land owned and occupied exclusively for public or charitable purposes;
(da) Aboriginal land, within the meaning of the Aboriginal Lands Act 1995 , which is used principally for Aboriginal cultural purposes;
(e) land owned and occupied exclusively by a council.
(2)  The owner of any land referred to in subsection (1) may agree to pay general or separate rates.
(3)  [Section 87 Subsection (3) amended by No. 59 of 1996, s. 7 ]Land occupied by the Port of Launceston Authority in the City of Launceston or by a joint authority to which Part 3A applies is not exempt from rates.
(4)  [Section 87 Subsection (4) inserted by No. 20 of 1995, s. 3 and Sched. 1 ]For the purposes of subsection (1) (b) , land owned by a Government Business Enterprise specified in Schedule 8 of the Government Business Enterprises Act 1995 is land owned by the Crown.

88.   Rates collected on behalf of authorities

(1)  A statutory authority which has power to make rates based on the valuation list under the Land Valuation Act 1971 may enter into an agreement with a council for the council to collect the rates on its behalf.
(2)  An agreement may contain a provision that the statutory authority is to pay the council a commission for the collection of the rates.
(3)  If a council agrees to collect rates on behalf of a statutory authority, the council may –
(a) incorporate the rates with its own rates; and
(b) recover the rates under Division 10 as if they were a debt due to the council.

89.   Adjustments to values

[Section 89 Amended by No. 8 of 1995, s. 6 ]
(1)  The Valuer-General, with the approval of the Minister, may determine that the assessed annual value, capital value or land value of land in a newly created municipal area or in a municipal area any boundary of which has been adjusted is to be adjusted so as to accord with the most recent value prevailing in the municipal area.
(2)  [Section 89 Subsection (2) added by No. 8 of 1995, s. 6 ]Any adjustment made under subsection (1) applies until a fresh valuation is made in respect of the municipal area under the Land Valuation Act 1971 .
Division 2 - General rates

90.   General rate

(1)  [Section 90 Subsection (1) amended by No. 8 of 1995, s. 7 ]A council may, not earlier than 1 June and not later than 31 August in any year, in respect of each financial year, make one general rate for that year on all rateable land in its municipal area.
(2)  A council may make a general rate on rateable land whether or not it provides any services in respect of that land.
(3)  [Section 90 Subsection (3) amended by No. 8 of 1995, s. 7 ]A general rate is to be based on one of the following categories of values of land:
(a) the land value of the land;
(b) the capital value of the land;
(c) the assessed annual value of the land.
(4)  [Section 90 Subsection (4) inserted by No. 8 of 1995, s. 7 ]In making a general rate, a council may set a minimum amount payable in respect of that rate if that rate does not include a fixed charge.

91.   Composition of general rate

(1)  A general rate may consist of 2 components –
(a) one which is based on the value of the rateable land; and
(b) the other which is a fixed charge.
(2)  If a council makes a general rate which consists of the 2 components, the fixed charge –
(a) must apply equally to each rateable land assessment; and
(b) must be calculated so that the total revenue raised from it does not exceed whichever is the lesser of the following amounts:
(i) the council's total recurrent administrative expenditure in the previous financial year; or
(ii) an amount equal to 20% of the council's general rates for the year to which the fixed charge relates.

92.   Adjustment of amount payable

[Section 92 Substituted by No. 8 of 1995, s. 8 ]
(1)  If, during a financial year, a supplementary valuation is made of any land, a council may adjust the amount payable in respect of any rate for that land for that financial year.
(2)  The general manager is to issue a supplementary notice in accordance with section 122 in respect of any amount payable as a result of an adjustment under this section.
(3)  The general manager may refund or give credit for any amount paid in respect of a rate in excess of the amount payable as a result of an adjustment under this section.
Division 3 - Service rates and service charges

93.   Service rate

(1)  [Section 93 Subsection (1) substituted by No. 8 of 1995, s. 9 ]A council may make a service rate for a financial year on rateable land for any, all or a combination of the following services:
(a) water supply;
(b) sewage removal;
(c) nightsoil removal;
(d) waste management;
(e) stormwater removal;
(f) fire protection;
(g) any other prescribed service.
(2)  [Section 93 Subsection (2) amended by No. 8 of 1995, s. 9 ]A service rate for a financial year is to be based on the same category of value of land as the general rate is based on under section 90 (3) for that financial year.
(3)  [Section 93 Subsection (3) inserted by No. 8 of 1995, s. 9 ]In making a service rate, a council may set a minimum amount payable in respect of that rate.
(4)  [Section 93 Subsection (4) inserted by No. 8 of 1995, s. 9 ]A council must not make a service rate for a service referred to in subsection (1) in respect of Crown land if the council does not supply that service to that land.
(5)  [Section 93 Subsection (5) inserted by No. 8 of 1995, s. 9 ]In subsection (4) Crown land means land owned by the Crown which is –
(a) unoccupied; or
(b) occupied exclusively for public purposes, other than under the Homes Act 1935 .

94.   Service charge

(1)  [Section 94 Subsection (1) amended by No. 8 of 1995, s. 10 ]In addition to, or instead of, making a service rate under section 93 , a council, when making a general rate in respect of a financial year, may make a separate service charge for that financial year for any or all of the services specified in that section which the council supplies or makes available.
(2)  [Section 94 Subsection (2) substituted by No. 8 of 1995, s. 10 ][Section 94 Subsection (2) amended by No. 88 of 1995, s. 14 ]A council may make a service charge in respect of part or all of the amount of water supplied by the council.
(2A)  [Section 94 Subsection (2A) inserted by No. 88 of 1995, s. 14 ]A service charge for water supply may include a component for the amount of water supplied.
(3)  [Section 94 Subsection (3) inserted by No. 8 of 1995, s. 10 ]A council may, by absolute majority, declare that a service charge varies within different parts of the municipal area according to any or all of the factors specified in section 107 .
(4)  [Section 94 Subsection (4) inserted by No. 8 of 1995, s. 10 ]A council must not make a service charge for a service referred to in section 93 (1) in respect of Crown land if the council does not supply that service to that land.
(5)  [Section 94 Subsection (5) inserted by No. 8 of 1995, s. 10 ]In subsection (4) Crown land means land owned by the Crown which is –
(a) unoccupied; or
(b) occupied exclusively for public purposes, other than under the Homes Act 1935 .

95.   General provisions

(1)  [Section 95 Subsection (1) omitted by No. 88 of 1995, s. 15 ].  .  .  .  .  .  .  .  
(2)  A council may determine that a service rate or service charge in relation to water supply applies to land within 30 metres at the nearest boundary from the council's pipe carrying water even though the water is not supplied to that land.
(3)  A council may determine that a service rate or service charge in relation to sewage removal applies to land within 30 metres at the nearest boundary from the council's common sewer or drain even though the sewer or drain is not connected to that land.
(4)  [Section 95 Subsection (4) substituted by No. 8 of 1995, s. 11 ]If the service rate or service charge for the supply of water is not paid by the date on which it is due –
(a) a council may restrict the supply of water; and
(b) any costs incurred in restricting that supply are payable by the person liable to pay the service rate or service charge for that supply.
(5)  [Section 95 Subsection (5) inserted by No. 8 of 1995, s. 11 ]A council may only restrict the supply of water after it has given notice in writing to the occupier at least 24 hours before it intends to do so.
Division 4 - Construction rates and charges

96.   Interpretation of Division 4

For the purposes of this Division –
drainage district and sewerage district means a district appointed, defined and named as such under the Sewers and Drains Act 1954 ;
water district means a district appointed, named and defined as such under the Water Act 1957 .

97.   Construction rate and charge

(1)  A council, when making a general rate in respect of each financial year, may make a construction rate or construction charge for that financial year in respect of land that is not provided with the services referred to in section 93 (1) (a) or (b) and is –
(a) within a water district and more than 30 metres at the nearest boundary from the council's pipe supplying water; or
(b) within a sewerage district and more than 30 metres at the nearest boundary from the council's pipe supplying a sewer connection; or
(c) within a drainage district and more than 30 metres at the nearest boundary from the council's pipe supplying a drain connection.
(2)  A council may make a construction rate or construction charge in respect of land even though the land is not supplied with water or connected to a drain or sewer at the time the rate or charge is made.
(3)  A construction rate for a financial year is to be based on the same value of land as the general rate is based on under section 90 (3) for that financial year.

98.   Limit on construction rates and charges

(1)  The amount of a construction rate or construction charge in respect of land within a water district, sewerage district or drainage district is not to exceed one-half of the service rate or service charge applicable to land in such a district.
(2)  A construction rate or construction charge is to apply for any period not exceeding 5 years.

99.   Rebates and discount

A council is to rebate or discount a proportional amount of any construction rate or construction charge paid or repayable for a financial year in respect of land if during that financial year –
(a) the land is supplied with water or connected to a sewer or drain; or
(b) there is a council pipe within 30 metres of the nearest boundary of that land.
Division 5 - Separate rates

100.   Separate rate

(1)  In addition to any other rates, a council, in respect of a financial year, may make a separate rate in respect of land within a part of its municipal area for the purpose of planning, carrying out, making available, maintaining or improving any thing that is, or is intended to be, of particular benefit to –
(a) the land; or
(b) the occupiers of the land.
(2)  A separate rate must not be made more than one month before the beginning of the financial year to which it relates, but may otherwise be made at any time during the financial year.
(3)  A separate rate in respect of a specific purpose is to apply for any period not exceeding 5 years.
(4)  [Section 100 Subsection (4) amended by No. 8 of 1995, s. 12 ]A separate rate for a financial year is to be based on the same category of value of land as the general rate is based on under section 90 (3) for that financial year.

101.   Intention to make separate rate

(1)  [Section 101 Subsection (1) substituted by No. 8 of 1995, s. 13 ]Before the council makes a separate rate, the general manager is to –
(a) make all reasonable attempts to notify all ratepayers likely to be affected by the making of the rate; and
(b) notify the council's intention to make the rate in a daily newspaper circulating in the municipal area.
(2)  A notification is to –
(a) state the area to which the separate rate is to apply; and
(b) state the purpose for which the separate rate is to apply; and
(c) state the amount of the separate rate; and
(d) state the proposed period during which the separate rate is to apply; and
(e) invite affected ratepayers to make submissions in accordance with section 102 ; and
(f) advise that ratepayers may present a petition under section 103 .

102.   Submissions

A submission relating to a separate rate –
(a) is to be in writing; and
(b) is to be lodged with the council within 21 days of the date on which a notification is made in a newspaper under section 101 .

103.   Petitions

(1)  Ratepayers affected by the intention of a council to make a separate rate may present a petition in the prescribed form to the council within 21 days of the date on which a notification is made in a newspaper under section 101 .
(2)  If at least 100 affected ratepayers or at least 10% of affected ratepayers, whichever is the lesser, present a petition, the council must arrange a public meeting to discuss the issues involved.

104.   Consideration by council

A council must consider any submission, petition or results of a public meeting before deciding –
(a) whether or not to impose a separate rate; or
(b) the area to which the separate rate is to apply; or
(c) the amount of the separate rate; or
(d) the period during which the separate rate is to apply.

105.   Separate rate in subsequent year

The provisions of sections 101 to 104 inclusive do not apply if, in a financial year, a council intends to make a separate rate for the same purpose in respect of the same land for the same rate as was made in the previous financial year.

106.   Refund of separate rate

(1)  A council is to refund any revenue raised by the payment of a separate rate to affected ratepayers if –
(a) the council resolves not to carry into effect the purpose for which the separate rate was imposed; or
(b) there is an excess of funds over the amount required for that purpose.
(2)  Any refund is to be paid to the affected ratepayers proportionally according to the amounts paid by each of them.
(3)  Instead of refunding an amount to a ratepayer, a council may credit that amount against any other rate payable by the ratepayer.
Division 6 - Variation in rates

107.   Variation in rates

(1)  [Section 107 Subsection (1) amended by No. 8 of 1995, s. 14 ]A council, by absolute majority, may declare that the general rate or a service rate varies within different parts of the municipal area according to any or all of the following factors:
(a) the use or predominant use of the land;
(b) the non-use of the land;
(c) the locality of the land;
(d) any planning zone;
(e) any other factor approved by the Minister.
(2)  For the purposes of subsection (1) (a) , use means use for any of the following purposes:
(a) residential, commercial or industrial purposes;
(b) public purposes;
(c) primary production;
(d) sporting or recreation facilities;
(e) quarrying and mining purposes.

108.   Notification of variation

If a council varies a rate, the general manager must notify the ratepayer in a rates notice –
(a) of the rate as varied; and
(b) of the factor on which the variation of the rate was calculated.

109.   Objections to variations

(1)  A ratepayer may object to a variation in a rate based on a particular use of land.
(2)  The only ground for an objection is that the use of the ratepayer's land is not the use of land on which the variation is based.
(3)  An objection is to –
(a) be made in writing within 21 days after receipt of a notice under section 108 notifying the variation; and
(b) state the use of the ratepayer's land; and
(c) be accompanied by evidence of the use of the land; and
(d) be lodged with the general manager.
(4)  A council is to make a decision in respect of an objection within 60 days after the objection is lodged.
(5)  The council may decide that the variation in the rate –
(a) applies to the ratepayer based on the use of the ratepayer's land; or
(b) does not apply because of the use of the ratepayer's land.
(6)  A ratepayer may appeal to a magistrate against –
(a) a council's decision under subsection (5) ; or
(b) a council's failure to make a decision under subsection (5) ; or
(c) a council's failure to make a decision within the period specified in subsection (4) .
(7)  On hearing an appeal, a magistrate may –
(a) dismiss the appeal; or
(b) order the council to amend the variation used in a rate; or
(c) order the council to make a decision under subsection (5) .
Division 7 - Record of rates

110.   Record of rates

(1)  The general manager is to ensure that records are kept in which the following are entered:
(a) a brief description of each separate piece of land in the municipal area;
(b) the value of the land and the value on which the general rate is based;
(c) a brief description of land to which only a service rate or service charge applies;
(d) the name and address of the owner or owners of all land;
(e) the name and address of the ratepayer;
(f) if the land is rated on the basis of a particular use of the land, that use;
(g) any other prescribed information.
(2)  The general manager –
(a) is to keep the rates record in any form that allows for the accurate recording of information and easy access; and
(b) may make any alteration to the rates record to correct and up-date its entries.

111.   Ownership

(1)  If the general manager is of the opinion that a person may or may not be the owner of land, the general manager may require that person to make a statutory declaration in respect of his or her interest in that land.
(2)  A person must make a statutory declaration when required to do so under subsection (1) .

Penalty:  Fine not exceeding 20 penalty units.

Division 8 - Farm rating relief

112.   Interpretation of Division 8

In this Division –
de facto spouse means a person who lives with another person of the opposite sex as his or her spouse on a genuine domestic basis although not legally married to that person for a period of at least 3 years immediately before the date of sale or conveyance of the land;
forestry means the planting or tending of trees in a plantation or forest for commercial forestry purposes;
member of an owner's family means –
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant, adopted child or stepchild of the owner or owner's spouse or de facto spouse; or
(b) the spouse or de facto spouse of the owner or of any other person specified in paragraph (a) ;
principal means of livelihood includes means of livelihood derived from other farm land;
urban farm land means land –
(a) that is used for substantial agricultural, pastoral, forestry, horticultural, viticultural, apicultural, orcharding, dairy farming, poultry farming or horse farming purposes or any 2 or more of those purposes; and
(b) that provides the owner of the land with the principal means of livelihood; and
(c) the value of which is increased because of –
(i) its proximity to land being used or developed for residential, industrial or commercial uses; or
(ii) a substantial demand for the land as rural residential land.

113.   Declaration of land as urban farm land

(1)  An owner of farm land may apply to a council to declare that land urban farm land.
(2)  An application is –
(a) to be in writing in a form approved by the council; and
(b) to contain such information as the council requires.
(3)  Within 60 days of receipt of the application, a council may –
(a) grant the application and declare the land to be urban farm land; or
(b) refuse to grant the application.
(4)  The council is to notify its decision in writing –
(a) to the owner of the land; and
(b) to the Valuer-General, if it makes a declaration.
(5)  If the council refuses to grant the application, the owner may appeal to a magistrate within 60 days of the refusal.
(6)  On hearing the appeal, the magistrate may –
(a) dismiss the appeal; or
(b) order the council to declare the land to be urban farm land.

114.   Revocation of declaration

(1)  A council may revoke a declaration in respect of land –
(a) on the sale or conveyance of the land; or
(b) on application by the owner of the land; or
(c) if the land is no longer farm land or urban farm land.
(2)  A revocation is to be –
(a) in writing; and
(b) sent to the owner of the land.
(3)  The owner may appeal to a magistrate against the revocation of a declaration within 60 days of the revocation.
(4)  On hearing the appeal, the magistrate may –
(a) dismiss the appeal; or
(b) require the council to rescind the revocation of the declaration.

115.   Revaluation of land

(1)  On receipt of a declaration from a council, the Valuer-General is to make a valuation of the land as urban farm land.
(2)  The valuation is to –
(a) be made under section 47 of the Land Valuation Act 1971 of the assessed annual value, land value and capital value of the land; and
(b) be made on the basis that the land is not to be used otherwise than farm land; and
(c) take effect from the date of the council's declaration; and
(d) take into account –
(i) the farm land valuations generally prevailing in the municipal area; and
(ii) the location of the land.

116.   Sale or conveyance of urban farm land

(1)  If any part of the land declared to be urban farm land is sold or conveyed, except by way of gift or bequest to a member of the owner's family, the owner is to pay the difference or a proportion of the difference between the rates and charges that would have been payable over the previous 5 years in respect of that part if the land had not been declared urban farm land.
(2)  The Valuer-General is to revalue any urban farm land remaining after part of the land is sold or conveyed.
Division 9 - Liability and payment of rates

117.   

[Section 117 Repealed by No. 8 of 1995, s. 15 ].  .  .  .  .  .  .  .  

118.   Notification of making rates

The general manager, within 21 days of a council making a rate, must notify the making in a daily newspaper circulating in the municipal area.

119.   Charge on land

Rates are a charge on the land in respect of which they are payable and –
(a) are enforceable in priority to any mortgage, charge, lien and encumbrance; and
(b) rank equally to any other debt to a statutory authority which is a charge on the land.

120.   Liability for rates

(1)  Subject to subsection (2) , the following persons are ratepayers and liable for the payment of rates:
(a) the owner of land;
(b) the occupier of Crown land other than land occupied under the Homes Act 1935 ;
(c) the Crown, in respect of land occupied under the Homes Act 1935 .
(2)  The occupier of land, with the written consent of the owner, may decide to be the ratepayer in respect of that land.
(3)  An occupier who decides to be the ratepayer in respect of land is to notify the general manager accordingly.
(4)  The liability for the payment of rates starts on the date specified in the rates notice as the date by which the rates are due to be paid.
(5)  The date by which rates are due to be paid must not be within –
(a) 60 days of the date of issue of the rates notice if the rates are to be paid in one payment; or
(b) 30 days of the date of issue of the rates notice if the rates are to be paid in instalments.

121.   Change in ownership or occupancy of land

(1)  [Section 121 Subsection (1) amended by No. 21 of 1996, s. 20 and Sched. 1 ]The owner of land that is sold, disposed of or compulsorily acquired is to give notice in writing to the Recorder of Titles of the following details:
(a) the fact of the sale, disposal or acquisition;
(b) the address or location of the land;
(c) the name and address of the new owner of the land.

Penalty:  Fine not exceeding 10 penalty units.

(2)  [Section 121 Subsection (2) substituted by No. 21 of 1996, s. 20 and Sched. 1 ]The owner of land in respect of which an occupier is the ratepayer must give written notice to the Recorder of Titles of a change of occupancy.
(2A)  [Section 121 Subsection (2A) inserted by No. 21 of 1996, s. 20 and Sched. 1 ]Where the change of occupancy arises from a transaction in respect of which it is not intended to lodge a dealing with the Recorder of Titles, the notice is to be given within 30 days of the change of occupancy.
(2B)  [Section 121 Subsection (2B) inserted by No. 21 of 1996, s. 20 and Sched. 1 ]A notice under this section –
(a) is to contain such particulars relating to the description of the land, the parties to the transaction and details of the transaction and use of the land as are required for the purposes of this Act, the Land and Income Taxation Act 1910 , the Land Valuation Act 1971 and any other Act prescribed by the regulations; and
(b) is to be included in any dealing lodged with the Recorder of Titles relating to the sale, disposition or acquisition as may be required by the Land Titles Act 1980 .
(2C)  [Section 121 Subsection (2C) inserted by No. 21 of 1996, s. 20 and Sched. 1 ]Without limiting the preceding provisions of this section, where a person has been aggrieved by a failure to comply with subsection (2) or (2A) , the Recorder of Titles must accept for the purposes of this Act a copy of the notice of the transaction or acquisition produced by that person containing all the particulars required to be included in the notice as evidence that the transaction for which the notice is required has been completed.
(2D)  [Section 121 Subsection (2D) inserted by No. 21 of 1996, s. 20 and Sched. 1 ]An owner who is required to give notice under this section must at the request of a person disposing of any land for which the notice is required provide that person with a copy of the notice required under subsection (2) or (2A) .
(2E)  [Section 121 Subsection (2E) inserted by No. 21 of 1996, s. 20 and Sched. 1 ]Where –
(a) a person by whom the relevant land was sold or otherwise disposed of or whose land was compulsorily acquired has been aggrieved by a failure to comply with subsection (2) or (2A) ; and
(b) the Recorder of Titles has received from that person a copy of the notice required under subsection (2) or (2A)
the parties to the relevant transaction are to be treated for the purposes of this Act as if the notice had been duly given to the Recorder of Titles.
(3)  A person who fails to comply with this section is taken to be the ratepayer in respect of that land.

122.   Rates notice

[Section 122 Amended by No. 8 of 1995, s. 16 ]The general manager is to send to each ratepayer a notice stating the following:
(a) the land in respect of which the rates are payable;
(b) the rates payable by that ratepayer;
(c) the basis on which the rates payable are calculated;
(d) the basis on which the rates are varied;
(e) the period for which the rates are payable;
(f) the date by which the rates are due to be paid;
(g) the place or places where the rates may be paid;
(h) the date on which the notice is issued;
(i) whether the rates may be paid in one sum or by instalments;
(j) the date or dates on which instalments are to be paid;
(k) if any rebate is payable for early payment;
(l) if interest is payable on unpaid rates, the rate at which it is payable;
(m) if a penalty is payable if rates are not paid by the due date, the percentage rate applicable to such a penalty;
(n) if a minimum amount is payable, that minimum amount.

123.   Objections to rates notice

(1)  A person may object to a rates notice on the ground that –
(a) the land specified in the rates notice is exempt from the payment of those rates; or
(b) the amount of those rates is not correctly calculated having regard to the relevant factors; or
(c) the basis on which those rates are calculated does not apply; or
(d) he or she is not liable for the payment of the rates specified in the rates notice; or
(e) he or she is not liable to pay those rates for the period specified in the rates notice.
(2)  An objection is to be –
(a) made in writing within 28 days after receipt of the rates notice; and
(b) lodged with the general manager.
(3)  The council may decide –
(a) to amend the rates notice as it thinks fit; or
(b) not to amend the rates notice.
(4)  A person may appeal to a magistrate against a council's decision or a council's failure to make a decision under subsection (3) 30 days or more after lodging an objection.
(5)  A magistrate may –
(a) dismiss the appeal; or
(b) order that the rates notice be amended.

124.   Instalment payments

(1)  A council may permit a ratepayer to pay rates by instalments instead of by one payment.
(2)  [Section 124 Subsection (2) amended by No. 88 of 1995, s. 16 ]A council may decide that any rates are payable by all ratepayers by instalments.
(3)  [Section 124 Subsection (3) amended by No. 88 of 1995, s. 16 ]A council may decide that rates are not payable by instalments by some ratepayers if the total amount of rates payable is equal to, or less than, the prescribed amount.
(4)  The council is to determine the dates by which instalments are to be paid.
(5)  [Section 124 Subsection (5) amended by No. 8 of 1995, s. 17 ]If a ratepayer fails to pay any instalment within 21 days of the date on which the rates are due, the council may require the ratepayer to pay the full amount due.

125.   Postponement of payment

(1)  A ratepayer may apply to the council for a postponement of payment of rates on the ground of hardship.
(2)  An application is to be –
(a) made in writing; and
(b) lodged with the general manager.

126.   Conditions of postponement

(1)  A council may grant a postponement of the payment of rates for a specified period if satisfied that such payment would cause hardship.
(2)  [Section 126 Subsection (2) amended by No. 8 of 1995, s. 18 ]A council may grant a postponement of payment of rates –
(a) on the condition that the ratepayer pay interest on the amount of rates postponed at a rate fixed by the council; and
(b) on any other condition the council determines.
(3)  Interest fixed under subsection (2) (a) is not to exceed the prescribed percentage as calculated in section 128 (2) .

127.   Postponement ceases to operate

(1)  A council may, at any time, revoke a postponement of payment of rates by giving 60 days notice in writing to the ratepayer of the date on which the postponement ceases to operate.
(2)  A postponement of payment of rates ceases to operate on the date on which the ratepayer ceases to own or occupy the land in respect of which those rates are payable.

128.   Late payments

(1)  [Section 128 Subsection (1) amended by No. 8 of 1995, s. 19 ]If any rates or instalments are not paid on or before the date they fall due, a council may –
(a) impose a penalty not exceeding 10% of the unpaid rate or instalment; or
(b) charge a daily interest not exceeding the prescribed percentage in respect of the unpaid rate or instalment for the period during which it is unpaid; or
(c) impose a penalty and charge interest as specified in paragraphs (a) and (b) .
(2)  [Section 128 Subsection (2) amended by No. 8 of 1995, s. 19 ]For the purposes of subsection (1) , prescribed percentage is to be calculated in accordance with the following formula:
graphic image
where –
P is the prescribed percentage;
LTB is the official ten-year long term bond rate as determined by the Reserve Bank as at the close of business on the last day of business preceding 1 March.

129.   Remission of rates

(1)  [Section 129 Subsection (1) amended by No. 8 of 1995, s. 20 ]A ratepayer may apply to the council for remission of all or part of any rates paid or payable by the ratepayer or any penalty imposed or interest charged under section 128 .
(2)  An application is to be –
(a) made in writing; and
(b) lodged with the general manager.
(3)  [Section 129 Subsection (3) amended by No. 8 of 1995, s. 20 ]A council, by absolute majority, may grant a remission of all or part of any rates, penalty or interest paid or payable by the ratepayer.
(4)  [Section 129 Subsection (4) amended by No. 8 of 1995, s. 20 ]A council, by absolute majority, may grant a remission of any rates, penalty or interest paid or payable by a class of ratepayers.
(5)  The general manager is to keep a record of the details of any remission granted under this section.

130.   Discount for early payment

(1)  A council may offer to all ratepayers a discount not exceeding 10% on any rate specified in a rates notice for payment of that rate before the date specified in the rates notice.
(2)  Subsection (1) only applies in respect of rates which are not paid in instalments.

131.   Application of money

Any amount received or recovered by a council in respect of rates is to be applied as follows:
(a) firstly – in payment of any costs awarded to, or recoverable by, the council in any court proceedings undertaken by the council for the recovery of the rates;
(b) secondly – in discharging any liability for interest;
(c) thirdly – in payment of any penalty;
(d) fourthly – in discharging liabilities for rates in the order in which those liabilities arose.

132.   Certificate of liabilities

(1)  A person referred to in subsection (2) may apply to a council for a certificate stating –
(a) the amount of any liability for rates, whether due or not on the land and outstanding interest or penalty payable in relation to the land;
(b) any amount received on account of rates that is held in credit against future liabilities for rates in relation to the land; and
(c) the amount of any charge on the land recoverable by the council.
(2)  The following persons may apply for a certificate under subsection (1) :
(a) the owner of a registered estate or interest in the land;
(b) an occupier of the land;
(c) a person who has entered or proposes to enter into a contract to purchase the land;
(d) a mortgagee or prospective mortgagee of the land;
(e) a person authorized to act on behalf of any person referred to in paragraph (a) , (b) , (c) or (d) .
(3)  An application is to –
(a) be in writing in a form approved by the Minister; and
(b) identify the land to which the application relates; and
(c) state the nature of the applicant's interest in the land; and
(d) be lodged with the general manager; and
(e) be accompanied by the prescribed fee.
(4)  On receipt of an application, the council is to issue a certificate containing the details referred to in subsection (1) .
(5)  On the issue of a certificate in relation to land, the council may not claim that a liability, other than a liability disclosed in the certificate, exists in relation to the land at the date of the certificate.
(6)  A council incurs no liability for a certificate issued under this section.
Division 10 - Recovery

133.   Recovery of rates

(1)  [Section 133 Subsection (1) amended by No. 8 of 1995, s. 21 ]A council may recover in a court of competent jurisdiction as a debt due to it –
(a) any outstanding unpaid rates; and
(b) .  .  .  .  .  .  .  .  
(c) any additional amount payable as a result of an objection under this Part.
(2)  A council must give the ratepayer notice in writing of its intention to recover any debt under this section.
(3)  An action for recovery of any debts must not be instituted until at least 14 days after the date of a notice referred to in subsection (2) .
(4)  The right of a council to recover rates is not affected by any objection or appeal under this Act.

134.   Recovery from certain persons

A council may recover rates from any of the following persons:
(a) the ratepayer;
(b) an owner or occupier of land who is not the ratepayer;
(c) a person who was an owner or occupier at the time the rates were made.

135.   Rents under leases, &c., for unpaid rates

A council, by notice in writing, may require a person who holds a lease or licence relating to land in respect of which rates are due to pay to the council any rent or other consideration payable under the lease or licence in satisfaction of any unpaid rates.

136.   Indemnity

(1)  If rates are paid by a person who is a lessee or licensee, or recovered from a person who is not the ratepayer liable to pay those rates, that person may –
(a) recover the amount so paid as a debt from the ratepayer who is liable to pay; or
(b) set off the amount so paid against a liability to a person under a lease or licence.
(2)  A person against whom an amount is set off under subsection (1) (b) may set off the amount against another person from whom the interest in the land is derived.
(3)  [Section 136 Subsection (3) omitted by No. 8 of 1995, s. 22 ].  .  .  .  .  .  .  .  
Division 11 - Sale of land

137.   Sale of land for unpaid rates

(1)  If any amount payable by way of rates in respect of land which is not Crown land has been outstanding for 3 years or more, the council, by public auction, may sell that land or part of that land as if it were the owner of the land.
(2)  For the purposes of selling land, the council may –
(a) subdivide, change the use of or otherwise develop the land; and
(b) carry out any work on the land; and
(c) grant any easements or enter into covenants in respect of the land.
(3)  Before a council sells land or takes any action under subsection (2) , it must serve a notice in writing on the ratepayer stating –
(a) the period for which the rates have been in arrears; and
(b) the amount of the total rates outstanding in relation to the land; and
(c) that if that amount is not paid in full within 90 days the council intends to sell the land for non-payment of rates.
(4)  The council is to send a copy of the notice to –
(a) any owner of the land who is not the ratepayer; and
(b) any registered mortgagee of the land; and
(c) any other person who has a registered interest in the land.
(5)  The council is to cause a copy of the notice to be advertised on at least 2 occasions in a daily newspaper circulating in the municipal area.
(6)  A council may effect service of the notice by leaving it in a conspicuous place on the land if the council –
(a) having made reasonable enquiries cannot ascertain the name or address of the person on whom the notice is to be served; or
(b) considers it unlikely that the notice would otherwise come to the attention of the person on whom it is to be served.
(7)  If the outstanding amount –
(a) is not paid within 90 days, a council may sell the land in accordance with this Division; or
(b) is paid within 90 days, the council must cancel the auction.
(8)  If the land fails to be sold by public auction the council may –
(a) retain the land as though it had purchased it; or
(b) sell the land by private contract.

138.   Title vests in purchaser

(1)  If land is sold under this Division, the registration of a memorandum of transfer or the execution of the indenture of conveyance vests the title to the land in the purchaser.
(2)  The title vested in a purchaser is freed of –
(a) all mortgages and charges; and
(b) all leases and licences.
(3)  A memorandum of transfer or indenture of conveyance by a council is evidence that the requirements of the Division in relation to the sale of the land have been complied with.

139.   Application of money from sale

Any money received on the sale of land is to be applied as follows:
(a) firstly – in paying the costs of the sale and any other costs incurred in proceeding under this Division;
(b) secondly – in discharging any liabilities to the council in respect of the land;
(c) thirdly – in discharging any liability to the Crown for rates or taxes in respect of the land;
(d) fourthly – in discharging any liabilities secured by registered mortgages, encumbrances or charges;
(e) fifthly – in discharging any other mortgages, encumbrances and charges of which the council has notice;
(f) sixthly – in payment to the previous owner of the land if that person becomes known within 12 months of the sale.

140.   Procedure if council cannot sell land

(1)  If, after a council has made reasonable attempts to sell land, it appears that there are no reasonable prospects of selling the land within a reasonable time, the council may apply to the Minister for an order under this section.
(2)  On the receipt of an application by a council, the Minister, after consultation with the council and being satisfied that it is appropriate to do so, may by notice in writing order that the land be transferred to the council.
(3)  An order made under subsection (2) operates as a memorandum of transfer.
(4)  If an order is made under this section –
(a) the land to which the order relates is freed of any charge against the land that exists in favour of the council; and
(b) any outstanding liability to the council in respect of the land is discharged.
PART 10 - Contributions to Administration

141.   Calculation of contributions

(1)  A council, in respect of each financial year, must contribute towards the cost to the State of administering local government.
(2)  The contribution is 0·15 cents in the dollar of the total adjusted assessed annual value as at 1 July in each year of all land in the municipal area which is not exempt from certain rates under section 87 .
(3)  A council must provide the Valuer-General with a list of land referred to in section 87 (1) in the municipal area on whichever is the earlier date –
(a) within 14 days after making a rate; or
(b) on or before 31 August in each year.
(4)  The Valuer-General is to provide the Director with a statement setting out the adjusted assessed annual value of land in each municipal area as at 1 July in each year.
(5)  The Director is to notify each council of the contributions payable by it.

142.   Payment of contributions

(1)  The council must –
(a) if rates and charges are payable in one sum under this Act, pay the total contribution within 90 days after the issue of a rates notice; or
(b) if rates and charges are payable in instalments under this Act, pay an amount equal to the total contribution divided by the number of those instalments within 60 days after each of the dates on which an instalment is to be paid.
(2)  Interest is payable on any instalment which is not paid within the period referred to above at the rate fixed by the Treasurer.

143.   Adjusted assessed annual value

(1)  The adjusted assessed annual value of land in amunicipal area is the assessed annual value of that land as adjusted by the Valuer-General.
(2)  The Valuer-General is to make any adjustment under this section in the month of July in each year in respect of the financial year commencing in that month.
(3)  The Valuer-General is to cause notice of the adjustment to be published in the Gazette within 14 days after making that determination.

144.   Review of determinations

(1)  If a council is dissatisfied with any adjustment to the assessed annual value of land in its municipal area, the council may, within 30 days after a copy of the notice of that adjustment is published in the Gazette, apply to the Valuer-General for a review.
(2)  An application is to be –
(a) in writing; and
(b) supported by a statement –
(i) setting out the grounds on which the application is made; and
(ii) the valuations of land in the municipal area.
(3)  The Valuer-General, within 14 days after receiving the application, must either affirm or vary the adjustment to which it relates.
(4)  The Valuer-General must –
(a) give notice in writing of the variation or affirmation to the council which made the application; and
(b) if the adjustment is varied, cause a copy of the varied adjustment to be published in the Gazette.
(5)  If an adjustment is varied, the varied adjustment, on publication under subsection (4) (b) , has the same effect as if it had been made by the Valuer-General.
PART 11 - By-laws
Division 1 - General provisions

145.   General power to make by-laws

(1)  A council may make by-laws in respect of any act, matter or thing for which a council has a function or power under this or any other Act.
(2)  By-laws under this Part may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the by-laws.

146.   Applicability of by-laws

By-laws may –
(a) be made to apply to the whole, or separately to a part or parts of, a municipal area; and
(b) make provision for matters or things to be referred to in general terms.

147.   Incorporation by reference

(1)  A by-law may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body –
(a) either wholly or partially; or
(b) with or without modifications; or
(c) either specifically or by reference.
(2)  If, after the application, adoption or incorporation, the document, code, standard, rule, specification or method is amended or rescinded or replaced, the by-law remains unaltered and its reference is not up-dated except by an amending by-law.
(3)  In any proceedings in relation to any by-law, any printed or mechanically or electronically copied book, booklet, pamphlet, sheet or card purporting to contain the code, standard, rule, specification or method referred to is presumed to be issued by the specified body or association.

148.   Penalties and recovery of expenses

(1)  By-laws may –
(a) provide that a contravention of, or a failure to comply with, any of the by-laws is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
(2)  By-laws may provide that, in addition to a penalty imposed in relation to a failure to comply with or a contravention of the by-laws, an expense incurred by a council in consequence of that failure or contravention is recoverable by the council as a debt payable by the person so failing to comply or contravening.

149.   Infringement notices and fines

(1)  By-laws may provide that a council –
(a) may issue infringement notices in respect of offences specified in the by-laws; and
(b) may issue one infringement notice in respect of more than one offence; and
(c) may impose a fine for an offence in respect of which an infringement notice is issued.
(2)  A fine is a penalty payable to the council as an alternative to prosecution and any penalty that may be imposed as a result of the prosecution.
(3)  By-laws which provide for the issue of an infringement notice and the fine are to specify –
(a) the amount of the fine; and
(b) the person who may issue a notice of infringement; and
(c) the person to whom payment of the fine may be made; and
(d) the period within which the fine is to be paid in order to avoid prosecution.
(4)  A notice of infringement is to state –
(a) the name of the alleged offender; and
(b) in general terms, the nature of the offence alleged to have been committed; and
(c) the date, time and place of the alleged offence; and
(d) the amount of the fine; and
(e) the period within which, and the place where, the fine is to be paid; and
(f) that the alleged offender may, if he or she so wishes, be dealt with by a court of competent jurisdiction.

150.   Restrictions on making of by-laws

(1)  A council must not make a by-law which –
(a) applies retrospectively; or
(b) shifts the burden of proof unless any Act specifically provides for this; or
(c) provides for entry on to private property –
(i) except in cases of emergency; or
(ii) unless prior notice is given to the owner or occupier of the property; or
(d) is contrary to law or is in conflict with any planning scheme in the municipal area; or
(e) exempts a person from prosecution for nuisance at common law; or
(f) exempts the council from any liability; or
(g) permits a rate, charge, fee or fine to be determined, altered or substituted otherwise than by amendment to theby-law.
(2)  [Section 150 Subsection (2) amended by No. 88 of 1995, s. 17 ]Any provision of a by-law which contravenes this section is invalid.

151.   Adoption of by-laws

(1)  If a new council is created or a council is created as the result of 2 or more municipal areas or parts of municipal areas being combined, the council so created may resolve by an absolute majority to adopt any by-law previously in force in any of those areas or parts of those areas.
(2)  The resolution adopting a by-law may provide for the repeal of any other by-law dealing with any of the matters provided for by the adopted by-law.
(3)  Notification of a resolution under subsection (2) is to be published in the Gazette.
(4)  On publication of the resolution in the Gazette, the adopted by-law has the same effect as if it had been made by the new council or combined councils.
(5)  A by-law which is not adopted by a council under subsection (1) within a period of 14 days after that council is created ceases to have effect from the end of that period.

152.   Enforcement

(1)  By-laws may authorize employees of a council –
(a) to remove any person from land owned by, or under the control of the council whom they reasonably believe is offending against a by-law; and
(b) to remove anything which is on such land without the approval of the council.
(2)  By-laws may authorize a police officer –
(a) to assist an employee of the council to carry out any action under subsection (1) ; and
(b) to arrest a person who is on land owned by, or under the control of, the council and whom the council reasonably believes is offending against a by-law.

153.   Commencement of by-laws

A by-law takes effect –
(a) on the date it is published in the Gazette; or
(b) on a later date specified in the by-law.

154.   Repeal and amendment of by-laws

(1)  A by-law may be repealed –
(a) by another by-law; or
(b) on the recommendation of the Minister, by an order of the Governor.
(2)  A by-law may be amended by another by-law.
(3)  If a by-law or part of a by-law is disallowed under section 47 of the Acts Interpretation Act 1931 , the Minister, by notice in the Gazette, is to notify –
(a) the fact of the disallowance; and
(b) the date of the disallowance.

155.   Expiry of by-laws

A by-law, whether later amended or not, ceases to have effect as amended 8 years after the date on which it is made takes effect.
Division 2 - Procedural provisions

156.   Motion of intention to make by-law

(1)  A council which intends to make a by-law is to pass a resolution by an absolute majority to that effect.
(2)  A by-law which is made without the resolution referred to in subsection (1) is invalid.

157.   Notice of proposed by-law

(1)  A council which has resolved to make a by-law is to give notice in accordance with this section.
(2)  The notice must be –
(a) published at least once in a daily newspaper circulating in the municipal area; and
(b) displayed in a conspicuous place in the public office of the council from the day when the notice is first published in the newspaper until the end of the day specified in the notice.
(3)  The notice must state the following:
(a) the purposes and general effect of the proposed by-law;
(b) that a copy of the proposed by-law is open for inspection at the public office until the day specified in the notice;
(c) that a copy of the proposed by-law may be purchased at a specified price at the public office until the day specified in the notice;
(d) that submissions in respect of the proposed by-law may be made –
(i) in writing addressed to, and lodged with, the general manager; and
(ii) stating the grounds of the submission and the facts relied on in support of those grounds before the day specified in the notice.
(4)  The day specified in the notice must be no earlier than 21 days after publication of the notice in the newspaper.
(5)  If a notice is published more than once in a newspaper, a reference to publication of the notice is a reference to its first such publication.
(6)  The price of a copy of a proposed by-law must not exceed the approximate cost to the council of having the copy available for purchase and, if the copy is supplied to a purchaser by post, the cost of the postage.

158.   Proposed by-laws open to inspection and may be purchased

The general manager must make available –
(a) a copy of a proposed by-law for inspection by the public until the date specified in the notice referred to in section 157 ; and
(b) copies of a proposed by-law for purchase at the public office as soon as practicable after publication of the notice until the date specified in the notice referred to in section 157 .

159.   Submissions in respect of proposed by-law

(1)  Any person may make a submission in respect of the making of a proposed by-law.
(2)  A council must consider every submission properly made to it.

160.   Alterations to proposed by-law

If, as a result of any submission, a council decides to amend a proposed by-law –
(a) it may do so by absolute majority; and
(b) does not need to give public notice unless the amendment substantially changes the purpose or effect of the proposed by-law.

161.   Making of by-law

A council may only make a by-law –
(a) by resolution of an absolute majority; and
(b) in the form determined by the Minister under its common seal.

162.   Certification of by-law

[Section 162 Amended by No. 88 of 1995, s. 18 ]A by-law is to be certified by a qualified legal practitioner that the provisions of the by-law are in accordance with the law.

163.   By-law to Minister

A council is to forward to the Minister –
(a) 3 sealed copies of the by-law; and
(b) the certification under section 162 ; and
(c) a statement explaining the purpose and effect of the by-law and the procedure followed in making the by-law.

164.   Confirmation and gazettal of by-laws

(1)  On receipt of the sealed copies of a by-law, the Minister may confirm or refuse to confirm the by-law.
(2)  If the Minister confirms a by-law, a council is to cause the by-law to be published in the Gazette.
(3)  The Minister must refuse to confirm a by-law if –
(a) it has not been made in accordance with the procedure laid down in the Act; or
(b) it has not been certified by a qualified legal practitioner in accordance with section 162 .
(4)  A by-law which is not confirmed by the Minister has no effect.

165.   Title and numbering of by-laws

A by-law of a council is to –
(a) have in its title a reference –
(i) to the municipal area to which it relates; and
(ii) to the subject matter of the by-law; and
(iii) to the year in which it is made; and
(b) be numbered so that no other by-law relating to that municipal area and subject matter has the same number in that year.

166.   Copies of by-laws

(1)  A council is to keep a sealed and confirmed copy of every by-law in force and make available copies for purchase by the public.
(2)  The purchase price is to be no greater than the approximate cost to the council of providing the document.

167.   Notice of by-laws

(1)  A council is to place at appropriate locations notices advising of any by-law affecting the conduct of the public.
(2)  A notice is to include –
(a) the purpose and effect of the relevant by-law; and
(b) the penalty for a contravention of, or failure to comply with, the by-law.
(3)  A person cannot use as a defence the failure of a council to comply with these provisions.
Division 3 - By-laws in respect of certain matters

168.   Fees and licences

A council may make by-laws prescribing –
(a) fees, charges and rents in relation to a service, works, undertaking, property, matter or thing; and
(b) the purposes for which, and the conditions on which –
(i) permits, licences, authorities and registrations may be granted by the council; and
(ii) a service, product, commodity or information may be given by the council; and
(c) the manner in which applications may be made for permits, licences, authorities and registrations; and
(d) the fee payable for the permits, licences, authorities and registrations and for their renewal.

169.   Execution of works

(1)  By-laws may –
(a) require work to be executed or a thing to be done by a person to whom the by-laws apply in or of such materials, within the periods and in the manner the council or an employee of the council directs; and
(b) require work to be executed only by a person with the appropriate qualifications; and
(c) provide that the council may carry out work required by this or any other Act to be carried out by another person if that person defaults.
(2)  The power to direct the manner of execution of work includes the power to require the person carrying out the work to pay to the council, or enter into a bond for payment to the council of, an amount it thinks fit to provide security against costs which it may incur as a result of the execution of the work.

170.   Parking of vehicles

(1)  A council may make by-laws in respect of the parking of vehicles on land owned by it or under its control.
(2)  In respect of by-laws which create an offence concerning a vehicle, the following provisions apply:
(a) the registered owner of the vehicle is taken to have committed the offence;
(b) a notice of infringement may be addressed to –
(i) the registered owner; or
(ii) a person apparently in charge of it by the person's name; or
(iii) if the name is not known when the notice of infringement is being made out, by the person's designation as owner of the vehicle or person apparently in charge of it, identifying the vehicle by the number plate affixed to it or, where there is no number plate, by other sufficient description;
(c) evidence that –
(i) the name and address of a person were shown painted on or affixed to the outside of a vehicle; or
(ii) the name and address of a person purporting to be the name and address of the registered owner of a vehicle were shown in any manner in or on that vehicle –
is evidence that the person whose name and address were so shown was at the time they were shown the registered owner of that vehicle;
(d) the registered owner of a vehicle is not taken to have committed an offence if he or she was not in control of the vehicle at the time the offence was committed and –
(i) not later than 14 days after being served with a notice of infringement furnish to the general manager a statutory declaration which the general manager is satisfied proves the facts specified in subsection (3) ; or
(ii) satisfies the court as to the truth of those facts specified in a statutory declaration.
(3)  The facts to be specified in a statutory declaration are as follows:
(a) that some other person was in control of the vehicle at the time when the offence was committed and that the name and address of residence of that other person are as set out in the statutory declaration;
(b) that the vehicle was sold before the offence was committed on the date specified in the statutory declaration to a person whose name and address are as set out in the statutory declaration;
(c) if the sale was made through an agent, that the name and address of the agent are as set out in the statutory declaration;
(d) that at the time whenthe offence was committed he or she was unable to exercise any control over the vehicle because it had been stolen or was being used unlawfully without consent.
(4)  In this section registered owner means –
(a) in respect of a bicycle, the owner of the bicycle; and
(b) in respect of any other vehicle, the person registered as its owner under the Traffic Act 1925 .
Division 4 - Model by-laws

171.   Making of model by-laws

(1)  The Minister may make or amend model by-laws dealing with any or all of the subjects on which any council has power to make by-laws.
(2)  A model by-law made under subsection (1) is to be –
(a) published in the Gazette; and
(b) laid before both Houses of Parliament within 10 sitting days after publication.
(3)  Either House of Parliament may pass a resolution disallowing a model by-law within 15 sitting days after the by-law has been laid before it.
(4)  A by-law which has been disallowed under subsection (3) may not be adopted by any council.
(5)  The Minister, by notice in the Gazette, is to notify –
(a) that a model by-law has not been disallowed; or
(b) that a model by-law has been disallowed.

172.   Council may adopt model by-laws

(1)  A council, by an absolute majority, may resolve to adopt any model by-law which has not been disallowed under section 171 .
(2)  The council must adopt the whole of the model by-law.
(3)  The resolution adopting the model by-law may provide for the repeal of any other by-law dealing with any of the matters provided for by the model by-law.
(4)  The council must cause a notice to be published in the Gazette that a model by-law has been adopted by the council.
(5)  On publication of the adoption in the Gazette, the model by-law has, until altered or repealed by the council, the same effect as if it had been made by the council.
(6)  A council, by an absolute majority, may resolve to repeal any model by-laws adopted by the council.
(7)  The repeal of a model by-law is to be notified in the Gazette.

173.   Model by-law may allow additions

(1)  A model by-law may allow blank spaces in which words may be inserted by a council which do not alter the intent of the by-law but indicate names and matters pertinent to the particular municipal area.
(2)  The addition of these details does not amount to an amendment of the by-law.

174.   Repeal of model by-law

(1)  The Minister may, by notification in the Gazette, repeal a model by-law.
(2)  The repeal of a model by-law adopted by a council does not affect its operation as adopted.
PART 12 - Special Powers
Division 1 - Purchase, acquisition, sale and lease of property

175.   Purchase of land

A council may purchase land for any purpose which it considers to be of benefit to the council or the community.

176.   Acquisition of land

A council may acquire land for prescribed purposes in accordance with the Land Acquisition Act 1993 .

177.   Sale, &c., of land

(1)  A council may sell, lease, exchange or otherwise dispose of land owned by it, other than public land, in accordance with this section.
(2)  Before a council sells or exchanges any land, it is to obtain a valuation of the land from the Valuer-General or a registered valuer.
(3)  A council may sell –
(a) any land by auction or tender; or
(b) any specific land by any other method it approves.
(4)  A council may exchange land for other land –
(a) if the valuations of each land are comparable in value; or
(b) in any other case, as it considers appropriate.
(5)  A contract pursuant to this section for the sale, lease or exchange of land which is public land is of no effect.

178.   Sale, exchange and disposal of public land

(1)  A council may sell, exchange or otherwise dispose of public land owned by it in accordance with this section.
(2)  The following are public land:
(a) a pier or jetty;
(b) land providing health, recreation, amusement or sporting facilities for public use;
(c) a cemetery or crematorium;
(d) any public parks or gardens;
(e) any other prescribed land or class of land.
(3)  A resolution of the council to sell public land is to be passed by an absolute majority.
(4)  If a council intends to sell, exchange or otherwise dispose of public land, the council is to –
(a) publish its intention on at least 2 separate occasions in a daily newspaper circulating in the municipal area; and
(b) notify the public that objection to the proposed sale, exchange or disposal may be made to the council within 21 days of the date of the first publication.
(5)  If the council does not receive any objection and an appeal is not made under subsection (7) , it may sell, exchange or otherwise dispose of the land.
(6)  The council must –
(a) consider any objection received by it; and
(b) by notice in writing, advise the objector of its decision.
(7)  An objector may appeal to the Minister in a form approved by the Director against the council's decision within 21 days of the date of the decision.
(8)  The Minister may –
(a) reject the appeal and approve the proposed sale, exchange or disposal of public land; or
(b) accept the appeal and prohibit the proposed sale, exchange or disposal of public land.

179.   Lease of public land

A council may lease public land –
(a) for a period up to 21 years, without the approval of the Minister; or
(b) for a period exceeding 21 years, with the approval of the Minister.

180.   List of public land

(1)  The general manager is to –
(a) keep lists or maps of all public land within the municipal area; and
(b) make any list or map available for public inspection at any time during normal business hours.
(2)  A person may object to the council in relation to the inclusion or omission of land from a list or map.
(3)  In considering an objection, a council may –
(a) dismiss the objection; or
(b) make any necessary change to a list or map.

181.   Land held on trust

A council may hold land on trust subject to any conditions on which it is to be so held.
Division 2 - Fences, land repairs and trees

182.   Fencing land

A council, by notice in writing served on the owner or occupier of land, may require the owner or occupier to fence the land if –
(a) a dangerous operation is being carried out on that land; or
(b) because of the state of the land or the buildings or structures on that land, it is dangerous for persons to enter onto that land; or
(c) domestic animals are kept on the land.

183.   Land reinstated

(1)  A council, by notice in writing served on the owner or occupier of land, may require the owner or occupier to rehabilitate land from which soil, rock, sand or material has been extracted at any time after the commencement of this Act.
(2)  A council, by notice in writing, may undertake not to make a requirement under subsection (1) in respect of any soil, rock, sand or material extracted before the date of that notice.

184.   Tree roots

A council, by notice in writing served on the owner or occupier of land, may require the owner or occupier to cut the roots of a tree or bush or remove a tree or bush the roots of which are interfering with any building or structure on or under other land.

185.   Compliance with notice

(1)  A person served with a notice under this Division must undertake any work required to be done under the notice in accordance with the terms of the notice and within the period specified in the notice.
(2)  If the work is not undertaken within the period specified in the notice, the council may –
(a) have the work done; and
(b) charge the owner or occupier for the cost of that work.
(3)  A charge under subsection (2) is a charge on the land and is recoverable in the same manner as rates and charges.
(4)  If the council has work done under subsection (2) (a) it is to notify the person accordingly.
Division 3 - Towns

186.   Towns

At the request of a council, the Minister, by order, may do any one or more of the following:
(a) create a town and establish its boundaries;
(b) abolish a town;
(c) alter the boundaries of a town;
(d) give a name to a town;
(e) alter the name of a town.

187.   Polls

A council requesting the creation, abolition, naming or a change of name of a town is to provide the Minister with evidence that –
(a) an elector poll has been conducted in the locality in relation to the request; and
(b) the majority of electors in the locality is in favour of the council making the request.

188.   Boundaries of towns

(1)  Before requesting the creation of a town or alteration of the boundaries of a town, a council is to ensure that –
(a) the boundaries of the existing or proposed town are identifiable; and
(b) a plan of those boundaries is lodged in the prescribed manner.
(2)  Houses which are not separated from the rest of the town by a substantial unbuilt area are to be included within the boundaries of the town.
(3)  In creating a town, the Minister must ensure that its boundaries are wholly within the one municipal area.
Division 4 - Markets

189.   Markets

(1)  A council may operate, or permit another person to operate, a market and for that purpose may close any local highway or part of a local highway to general traffic.
(2)  If a council intends to operate, or permit another person to operate, a market, it is to publish a notice of intention in a daily newspaper circulating in the municipal area.
(3)  A notice of intention under subsection (2) is to specify –
(a) the day or days on which, and the time and place at which, a market is to operate; and
(b) the closure of any highway or part of a highway and periods of such closure; and
(c) any other matter which may affect the rights of the community.

190.   Objections to markets

(1)  A person, within 14 days of the date of publication of a notice of intention under section 189 (2) , may object by notice in writing to the general manager to the operation of a market or to any other matter specified in that notice of intention.
(2)  A council is to consider any objections lodged before operating a market or issuing a permit to operate a market.

191.   Permit to operate market

A council may issue a permit to a person to operate a market for any purpose, for any period or for any day and on any terms and conditions including fees specified in the permit.

192.   Stall licence

A council may issue a licence to any person to operate a stand, stall, barrow or vehicle at a council market on any terms and conditions it determines.
Division 5 - Impounding of animals

193.   Establishment of pounds

(1)  A council may establish pounds for the detention of stray animals.
(2)  A council is to ensure that –
(a) a pound is kept clean; and
(b) all necessary action is taken to prevent the spread ofdisease within and from a pound; and
(c) all animals kept in a pound are given sufficient food and water for their needs.

194.   Impounding animals

A council may impound any animal found straying or at large –
(a) on any highway; or
(b) on any land owned by, or under the control of, the council.

195.   Notice of impounding

(1)  If an animal has not been claimed by its owner or a person on behalf of the owner within 48 hours of it being impounded, the council is to give notice to the owner of the animal.
(2)  A notice is to give the following details:
(a) a description of the animal and any brands or marks;
(b) the place from which it was impounded;
(c) the date on which it was impounded;
(d) the date on which and the place at which the animal may be sold if it is not claimed.
(3)  A notice is to be given in writing and delivered to the owner by any means the council considers appropriate.
(4)  If the owner of an impounded animal cannot be ascertained or found, the council is to publish on at least one occasion a notice containing the particulars specified in subsection (2) in a daily newspaper circulating in the municipal area.

196.   Fees, costs and charges

(1)  A council, by notice in writing, is to notify the owner of an impounded animal of the fees, costs and charges payable in respect of the impounding, maintenance and treatment of the animal.
(2)  The owner of an impounded animal is liable to pay –
(a) any fees, costs and charges specified in a notice; and
(b) any further fees, costs and charges incurred in the maintenance and treatment of the animal while it is impounded.
(3)  Any unpaid fees, costs and charges is a debt due to the council and may be recovered by the council in a court of competent jurisdiction.
(4)  A council may detain an impounded animal until any fees, costs and charges specified in a notice are paid.

197.   Sale or destruction of unclaimed animals

(1)  A council may sell, give away free of charge or destroy any impounded animal if –
(a) no one has claimed it within 14 days after its impounding; or
(b) any fees, costs and charges specified in a notice under section 196 have not been paid within 14 days of the date of that notice.
(2)  A council must, by notice published on at least one occasion in a daily newspaper circulating in the municipal area, notify its intention to sell, give away or destroy any impounded animal.
(3)  A notice is to specify –
(a) the animal, together with a description and any marks or brands; and
(b) the date on which and place at which the animal is to be sold, given away or destroyed.

198.   Destruction of animals

(1)  A council may arrange for an impounded animal to be destroyed if, in the opinion of a qualified veterinary surgeon, the animal is –
(a) seriously diseased; or
(b) so injured or disabled as to be apparently in continual pain.
(2)  If an animal is destroyed under subsection (1) within 14 days after its impounding, the council must notify the owner of the animal as soon as possible if the owner can be ascertained or found.
Division 6 - Nuisances

199.   Interpretation of Division 6

[Section 199 Substituted by No. 82 of 1994, s. 4 ]In this Division, nuisance includes anything which –
(a) causes, or is likely to cause, danger or harm to the health, safety or welfare of any person; or
(b) gives rise to unreasonable or excessive levels of noise or pollution; or
(c) is, or is likely to be, a fire risk.

200.   Abatement notices

(1)  If a council is satisfied that a nuisance exists, it must serve a notice on –
(a) any person whose act or default contributes to or causes the nuisance whether or not that act or default occurs wholly or only partly in its municipal area; or
(b) if the person cannot be ascertained or found, on the owner or occupier of the land on, or from which, the nuisance arises.
(2)  A notice under subsection (1) is to state –
(a) the nature of the nuisance; and
(b) any reasonably necessary action to be taken to abate the nuisance; and
(c) the period within which such action is to be taken.
(3)  A person served with an abatement notice must comply with the notice.

Penalty:  Fine not exceeding 20 penalty units.

(4)  For the purpose of ascertaining whether a nuisance exists, a council may –
(a) enter and remain on land; and
(b) do any thing reasonably necessary for that purpose.

201.   Council may take necessary action

(1)  [Section 201 Subsection (1) amended by No. 82 of 1994, s. 5 ]A council may itself take the necessary action to abate a nuisance if –
(a) there is an immediate danger to any person or property; or
(b) the person causing the nuisance cannot be ascertained or found; or
(c) an abatement notice has not been complied with.
(2)  If the council takes action under subsection (1) , it is to notify the owner and occupier of the land on, or from which, the nuisance arises accordingly.
(3)  For the purpose of abating a nuisance under subsection (1) , a council may –
(a) enter and remain on any land; and
(b) close off or fence any place; and
(c) do anything reasonably necessary for that purpose.
(4)  [Section 201 Subsection (4) inserted by No. 82 of 1994, s. 5 ]The council may charge the owner or occupier of land for the cost of any action it takes under subsection (1) .
(5)  [Section 201 Subsection (5) inserted by No. 82 of 1994, s. 5 ]A charge under subsection (4) is a charge on the land and is recoverable in the same manner as rates and charges.

202.   Appeal against council's action

[Section 202 Amended by No. 82 of 1994, s. 6 ]If the council takes action under section 201 (1) (a) , the owner and occupier of the land on, or from which, the nuisance arises may appeal to a magistrate on any one or more of the following grounds:
(a) that the council's action was unreasonable or unnecessary in the circumstances;
(b) that the danger to any person or property was not so immediate as to justify the council's action.

203.   Nuisance orders

A court, in addition to, or instead of, imposing a fine under section 200 (3) , may make an order –
(a) requiring the defendant –
(i) to comply with the abatement notice within a period specified in the order or any other period the court determines; and
(ii) to take such further action as may be necessary to prevent the likelihood of the nuisance recurring; or
(b) requiring the council to take the necessary action to abate the nuisance.

204.   Costs

(1)  In proceedings under this Division, a court may give any orders in relation to costs it thinks reasonable, including an order –
(a) for the person on whom an abatement notice is served to pay the council any costs incurred by it –
(i) in the proceedings before it; and
(ii) in taking any action to abate a nuisance under section 200 or 201 ; or
(b) for a council to pay any costs incurred by the owner or occupier of land in respect of which the council took action under section 201 .
(2)  If any costs awarded to a council are not paid within 3 years, the council may sell the land in respect of which an abatement notice is served in accordance with Division 11 of Part 9 as if the unpaid costs were unpaid rates.
Division 7 - Fees and charges

205.   Fees and charges

(1)  In addition to any other power to impose fees and charges but subject to subsection (2) , a council may impose fees and charges in respect of any one or all of the following matters:
(a) the use of any property or facility owned, controlled, managed or maintained by the council;
(b) services supplied at a person's request;
(c) carrying out work at a person's request;
(d) providing information or materials, or providing copies of, or extracts from, records of the council;
(e) any application to the council;
(f) any licence, permit, registration or authorization granted by the council;
(g) any other prescribed matter.
(2)  A council may not impose a fee or charge in respect of a matter if –
(a) a fee or charge is prescribed in respect of that matter; or
(b) this or any other Act provides that a fee or charge is not payable in respect of that matter.
(3)  Any fee or charge under subsection (1) need not be fixed by reference to the cost to the council.

206.   List of fees and charges

A general manager of a council is to –
(a) keep a list of all fees and charges fixed under this Division; and
(b) make the list available for public inspection during ordinary hours of business at the public office.

207.   Remission of fees and charges

A council may remit all or part of any fee or charge paid or payable under this Division.
Division 8 - Council maps

208.   Council map

(1)  A council is to keep up to date a map of its municipal area showing the following:
(a) all local highways maintainable by it;
(b) all other highways, other than State highways, made, formed, paved or otherwise made good;
(c) all roads known to it that an owner is liable to maintain;
(d) all streets that it has resolved to construct under Part V of the Local Government (Highways) Act 1982 ;
(e) all roads leased under section 63 (2) of the Local Government (Highways) Act 1982 ;
(f) all lands not wholly subject to a highway;
(g) all declared landslip areas.
(2)  One combined map may be used for the purposes of this section, section 60 of the Waterworks Clauses Act 1952 and section 13 of the Sewers and Drains Act 1954 .
(3)  A map –
(a) may be on one sheet or several sheets and different information may be shown on different sheets of the same area; and
(b) may be inspected, free of charge, by any person; and
(c) is evidence of the matters mentioned in subsection (1) (a) , (b) and (c) .
(4)  Subsection (3) does not operate to fix accurately –
(a) the boundary of a highway unless it is indicated on the map that the relevant information was obtained by a registered surveyor or from a plan prepared by a registered surveyor; or
(b) a boundary other than the boundary of a highway.

209.   Corrections of map

(1)  An owner who is aggrieved by any matter included in the map under section 208 (1) (a) , (b) or (c) may, by notice in writing, request the council to correct the map.
(2)  A notice is to –
(a) state the grounds for the request for correction; and
(b) be lodged with the general manager.
(3)  If the council does not correct the map as requested within 120 days after the owner has lodged a notice, the owner may appeal to a magistrate.
(4)  In the hearing of the appeal –
(a) the magistrate may summon any other interested party; and
(b) Part XI of the Justices Act 1959 applies.
Division 9 - Hobart Rivulets

210.   Interpretation of Division 9

In this Division –
rivulet includes the bed and banks of the rivulet, and the soil below and the space above, the rivulet;
Hobart Rivulet means the rivulet extending from McRobie's Gully on the west to the tunnel outlet on the River Derwent on the east as it existed at the commencement of this Act;
Park Street Rivulet means the rivulet of that name as it existed before the commencement of this Act;
tunnel means the tunnel outlet from Park Street to the River Derwent constructed for the purposes of the Hobart Rivulet by the Hobart City Council as it existed at the commencement of this Act.

211.   Powers in relation to Hobart Rivulet and Park Street Rivulet

(1)  The Hobart City Council may –
(a) maintain, improve, alter or divert the tunnel; and
(b) build over and cover in the Hobart Rivulet as it thinks fit; and
(c) reconstruct and straighten Collins Street between Argyle Street and Campbell Street to any width and at any level it thinks proper and construct and make any portion as may be necessary over the Hobart Rivulet; and
(d) if any works referred to in paragraph (c) have been completed –
(i) stop up any portions on the south-east side of Collins Street between Argyle Street and Market Place and between Market Place and Campbell Street as in its opinion are no longer required for the purposes of the street; and
(ii) sell those portions to the respective owners of the properties adjoining them at the prices and on the terms and conditions mutually agreed by the Hobart City Council and the owners or determined by the Hobart City Council.
(2)  The Hobart City Council has the right of entry to and exit from the Hobart Rivulet and Park Street Rivulet for the purpose of exercising its rights, duties and powers.
(3)  The Hobart City Council may –
(a) construct any buildings, structures or works on, in or over any part of the Hobart Rivulet and Park Street Rivulet; and
(b) enter into an agreement with any person for the carrying out or construction of any buildings, structures or works.
(4)  The Hobart City Council may –
(a) sell, lease or otherwise deal with –
(i) any part of the Hobart Rivulet or Park Street Rivulet; or
(ii) any buildings, structures or works referred to in subsection (3) ; and
(b) grant any right or interest in or over that part of those rivulets or those buildings, structures or works.
(5)  The Hobart City Council may take the benefit of any easement over, or covenant restrictive of the use of, any building or structure erected on, in or over the Hobart Rivulet or Park Street Rivulet.
(6)  The burden of a covenant referred to in subsection (5) runs with the land in equity, notwithstanding –
(a) that the Hobart City Council does not own land capable of being benefited by the covenant; or
(b) that any land originally capable of being benefited by the covenant has subsequently been subdivided.

212.   Power to improve rivulets

(1)  Subject to subsection (2) , the Hobart City Council may –
(a) widen, divert or improve any rivulet; and
(b) for any of those purposes may purchase or take land.
(2)  If a rivulet is vested in a person other than the Hobart City Council, the Council must not widen, divert or improve the rivulet unless it does so in accordance with an agreement made between it and that other person.
(3)  If a rivulet is diverted or improved under this section, the Hobart City Council may sell or lease any portion of the land which is vested in it or which it has purchased or taken under subsection (1) and which is no longer required in connection with the rivulet.
(4)  The Hobart City Council may lease land purchased or taken by it under this section for any purposes and on any terms and conditions it thinks fit.

213.   Power to cleanse bed of rivulet

(1)  The Hobart City Council may take all necessary steps to –
(a) cleanse the bed or channel of a rivulet; and
(b) remove all obstructions from a rivulet; and
(c) repair and maintain the banks or walls of a rivulet.
(2)  The Hobart City Council is to use its powers under subsection (1) in a manner, as far as is practicable, which prevents –
(a) injury to the health of the community in the municipal area; and
(b) damage to life or property from the overflowing of the rivulet.

214.   Obstructions in rivulets

(1)  A person must not place any obstruction or matter or allow any obstruction or matter to be placed in, on or over a rivulet.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A court, in addition to imposing any penalty on a person under subsection (1) , may order the person to pay the Council any costs incurred in removing the obstruction or matter.
PART 13 - Inquiries
Division 1 - Board of Inquiry

215.   Board of Inquiry

(1)  The Minister may establish a Board of Inquiry to investigate a council or any matter relating to the administration of this Act if –
(a) the Minister is of the opinion that–
(i) the council has failed to perform any of its functions under this or any other Act; or
(ii) the conduct of the council is irregular; or
(b) the Minister is satisfied that a matter justifies its establishment.
(2)  The Minister is to notify a council of –
(a) the establishment of a Board of Inquiry to investigate the council; and
(b) the reason for the inquiry; and
(c) the subject matter of the inquiry.
(3)  A Board of Inquiry consists of one or more persons appointed by the Minister.
(4)  A member of a Board of Inquiry is entitled to such allowances as the Minister determines.
(5)  If the Minister establishes a Board of Inquiry to investigate a council, the Minister may suspend all the councillors of the council from office for a period not exceeding 6 months if, in the opinion of the Minister, the circumstances are such that a suspension is necessary in the interests of the community.

216.   Functions of Board of Inquiry

(1)  The functions of a Board of Inquiry are –
(a) to conduct an inquiry into any matter referred to it by the Minister; and
(b) to make recommendations to the Minister as a result of its inquiry.
(2)  A Board of Inquiry may do anything necessary or convenient to carry out its functions.

217.   Powers of Board of Inquiry

(1)  A Board of Inquiry may –
(a) summon any person to appear before it to give evidence and produce any such documents as are specified in the summons; and
(b) require any person appearing before it to produce any document; and
(c) require any person appearing before it to give evidence on oath or affirmation; and
(d) require any person appearing before it to answer questions; and
(e) adjourn the inquiry from time to time.
(2)  A person must not, without reasonable excuse –
(a) fail to attend an inquiry as required by summons or from day to day during the inquiry; or
(b) fail to produce a document when required to do so; or
(c) fail to answer questions required to be answered; or
(d) fail to comply with the requirement to affirm or be sworn.

Penalty:  Fine not exceeding 10 penalty units.

218.   Procedure of Board of Inquiry

(1)  A Board of Inquiry –
(a) is to conduct an inquiry with as little formality and technicality as a proper consideration of the matter before it permits; and
(b) is not bound by the rules of evidence and may inform itself on any matter in any way it considers appropriate; and
(c) must observe the rules of natural justice.
(2)  Subject to subsection (1) , a Board of Inquiry may regulate its own procedure.

219.   Submissions

A Board of Inquiry must provide adequate opportunity for a council or any person directly affected by the inquiry to make submissions relating to the subject matter of the inquiry of the Board of Inquiry.

220.   Representation

(1)  A person summoned to attend before a Board of Inquiry may, with the approval of the Board of Inquiry, be represented by a legal practitioner or agent.
(2)  A legal practitioner or agent who represents any person may examine witnesses and address the Board of Inquiry on behalf of the person.

221.   Summons

A summons is to be served –
(a) personally; or
(b) by leaving it at the usual place of residence or business of the person to whom it is addressed.

222.   Access to documents, &c.

(1)  For the purposes of investigating any matter which is the subject of an inquiry, a Board of Inquiry or a person authorized by a Board of Inquiry for the purpose, may –
(a) require any person to produce, or give access to, any documents and records which the Board of Inquiry considers may be relevant to the inquiry; and
(b) inspect and take copies of or take extracts from any such document or record; and
(c) require any person to give such assistance as may be required.
(2)  A person must not obstruct or hinder another person in the exercise of a power or the performance of a function under this section.

Penalty:  Fine not exceeding 10 penalty units.

223.   Disclosure of information

(1)  A person authorized by a Board of Inquiry under section 222 must not disclose any information acquired in the exercise of any powers under that section except to a member of the Board of Inquiry.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A member of a Board of Inquiry must not disclose any information acquired in the exercise of any powers or performance of any functions except in the exercise of those powers or the performance of those functions as may be required under this Act.

Penalty:  Fine not exceeding 10 penalty units.

224.   Report of inquiry

(1)  A Board of Inquiry is to submit a report of its findings and recommendations to the Minister.
(2)  The Minister may direct a Board of Inquiry to reconsider its report if, in the opinion of the Minister, its findings or recommendations –
(a) were made as a result of an inquiry conducted contrary to law; or
(b) are unjust, oppressive, discriminatory or unreasonable; or
(c) are based, wholly or partly, on a mistake of fact.

225.   Result of inquiry

(1)  After considering a report from a Board of Inquiry, the Minister, by notice in writing, must –
(a) advise the council affected by the report of the findings and recommendations of the Board of Inquiry; and
(b) invite the council to make any further submissions within 14 days of the notice or such other period the Minister may allow.
(2)  After considering any submissions, the Minister may direct a council to take any one or more of the following actions within the period specified in that direction:
(a) that the council rectify or mitigate the effects of its action;
(b) that the council discontinue its action;
(c) that the council give reasons for its action;
(d) that the council take such other steps as the Minister thinks necessary.
(3)  In giving a direction to a council, the Minister may require the council to notify, within a specified period –
(a) the steps the council has taken or proposes to take; or
(b) the reasons why the council has not taken, or is not proposing to take, any steps.

226.   Dismissal of councillors

(1)  Instead of making a direction under section 225 (2) , the Minister may recommend that the Governor by order dismiss the councillors if, in the opinion of the Minister –
(a) the failure of the council to perform any function has seriously affected the operation of the council; or
(b) the irregularity of the conduct of the council has seriously affected the operation of the council.
(2)  If a council fails to comply with a direction under section 225 (2) within the specified period the Minister may recommend that the Governor by order dismiss the councillors.
(3)  An order for dismissal of councillors may specify that the dismissal takes effect –
(a) on the date specified in the order; or
(b) on the happening of an event specified in the order.

227.   Immunity in publishing reports

(1)  An action does not lie against a person who publishes in good faith and for the information of the public –
(a) a copy or abstract of, or an extract from, a report made by a Board of Inquiry; or
(b) any accurate report of any proceedings before a Board of Inquiry held in public.
(2)  A person publishes in good faith if the publication is not motivated by ill will or any other improper motive.

228.   Confidentiality

Any records and documents of a Board of Inquiry are exempt from the provisions of the Freedom of Information Act 1991 .

229.   Cost of inquiry

The Minister may require a council to pay any costs associated with an inquiry into its affairs under this Part.
Division 2 - Administrators

230.   Appointment of administrator on suspension

If the Minister suspends the councillors of a council, the Governor may appoint a person as administrator of the council during that suspension.

231.   Appointment of administrator on dismissal

(1)  On the dismissal of the councillors of a council, the Governor may appoint a person as administrator of the council for a period not exceeding 12 months.
(2)  One person may be appointed as administrator in respect of more than one council.
(3)  The Governor, on the recommendation of the Minister, may extend the appointment of an administrator for any further period or periods of 12 months.

232.   Powers and functions of administrator

An administrator of a council may exercise the powers and perform the functions of the councillors.

233.   Remuneration of administrator

(1)  An administrator is entitled to such remuneration and allowances as are specified in the instrument of appointment.
(2)  The council in respect of which an administrator is appointed is to pay the remuneration and allowances of the administrator.

234.   Termination of appointment as administrator

(1)  The Governor, on the recommendation of the Minister, may –
(a) terminate the appointment of an administrator at any time; and
(b) appoint another administrator for the balance of the term of that appointment.
(2)  If the appointment of an administrator is terminated otherwise than as a result of holding an election, the Governor may restore the council in respect of which the administrator was appointed by re-appointing all of the councillors for the balance of their terms.
PART 14 - Legal Proceedings
Division 1 - Proof and evidence

235.   Proof of certain matters

In any proceedings instituted by or against a council under this or any other Act it is not necessary to prove any of the following:
(a) the name of the council;
(b) any person who is or has been a councillor or a member of the council;
(c) the election or appointment of its councillors;
(d) the boundaries of any municipal area, town or electoral district;
(e) the authority of a person to institute or carry on proceedings on behalf of the council.

236.   Averments

In any proceedings instituted by or against a council, an averment in a complaint of any one or more of the following is evidence of the fact so averred:
(a) that a person is, or is not, the holder of a licence under this Act;
(b) that premises are, or are not, registered or licensed under this Act;
(c) that a person is or is not, or was or was not, the owner or occupier of any specified premises or land;
(d) that a person is, or is not, the owner of an animal;
(e) in respect of an offence relating to highways, waterworks, sewers or drains that any fact is as averred;
(f) that the council is the owner of, or has the control of, land;
(g) in respect of the use of water on land to which water is supplied by the council, that the water used was supplied by the council.

237.   Authentication of certain documents

Any summons, notice or other document requiring authentication by the council is sufficiently authenticated, without the seal of the council, if it is signed –
(a) by 2 councillors; or
(b) by the general manager; or
(c) in accordance with any by-law.

238.   Minutes

(1)  Any of the following is evidence of any election or appointment of a councillor or employee or proceedings at a meeting of a council or council committee:
(a) a duly confirmed entry in the minutes of the council or committee; or
(b) a certified copy of, or extract from, an entry in the minutes of the council sealed with the seal of the council and signed by one of the following:
(i) the mayor;
(ii) the chairperson;
(iii) the general manager.
(2)  For a document to be evidence under this section, it is not necessary to prove any of the following:
(a) that a meeting referred to in the document was duly convened or held;
(b) that the persons attending the meeting were councillors or members of the committee to which the entry relates;
(c) the signature of the mayor, deputy mayor, chairperson or general manager;
(d) that any person is or was the mayor, deputy mayor or general manager.

239.   Gazette

A copy of the Gazette containing any statement required under this Act to be notified in the Gazette is evidence of any fact so notified.
Division 2 - Actions by or against councils

240.   Appearances in court

(1)  A council may appear before any court or in any proceedings by –
(a) its general manager; or
(b) any other person authorized by the council or general manager.
(2)  A person referred to in subsection (1) may, on behalf of a council, institute and carry on any proceedings which the council may institute and carry on under this or any other Act.

241.   Penalties

Any penalties recovered by a council in proceedings brought by it under this or any other Act are payable to the council.
Division 3 - Validations and presumptions

242.   Named as owner

(1)  A person named in any resolution of, or notice or other document issued by, a council as the owner of the land is taken to be the owner of the land for the purposes of this Act unless that person shows to the satisfaction of the general manager that he or she is not the owner.
(2)  Any resolution, notice or other document is not invalidated by reason only that –
(a) it names as owner of land a person who is not the owner of the land; or
(b) the name of a person has been altered or struck out and another name has been substituted.

243.   Validation of proclamations, &c.

(1)  Any proclamation or order purporting to be made under this Act is not invalidated by reason only of a non-compliance with any preliminary requirement of this Act.
(2)  Any proclamation, order, by-law, notice or other document under this Act is not invalidated by reason only of a defect in its form.
Division 4 - Mutual rights of owners and occupiers

244.   Application

Nothing in this Division operates inconsistently with any other enactment or with any contract between persons whose rights would otherwise be affected.

245.   Rights against owner enforceable against occupier

(1)  If the owner of land is primarily liable to pay the council any amount of money, the occupier of the land is liable to pay the council that amount.
(2)  Unless the occupier refuses to disclose the amount of rent and the name and address of the person to whom it is payable, the occupier is not required under subsection (1) to pay any greater amount than the amount of the rent –
(a) for the time being due; or
(b) which became payable after demand by the council without first deducting the amount demanded.
(3)  The burden of proving that he or she is not liable by reason of subsection (2) to pay the full amount lies on the occupier.
(4)  The person entitled to receive the rent from the occupier is to allow the occupier to withhold any money which is recoverable under this section.
(5)  The council's receipt is a good discharge of the occupier's liability to pay the rent.
(6)  In this section rent means rent-service.

246.   Certain notices to be passed on

An occupier of land who holds as tenant or licensee of another person and who receives any order, notice or other document –
(a) addressed to the owner of the land, is to give it to the owner; or
(b) requiring the occupier to do any work on the land which may affect the land after occupation ceases, is to give a copy of it to the owner.

247.   Right to carry out works

(1)  If any work is to be carried out by the owner or occupier of land under this Act –
(a) which does not affect the land after the occupier's occupation ceases, the occupier is, if not bound to carry out the work, entitled to do so; or
(b) which may affect the land, the owner is, if not bound to carry out the work, entitled to do so.
(2)  If the person entitled to carry out work elects to do so the person –
(a) is to notify the council accordingly in writing; and
(b) is liable to all the provisions of the Act relating to the work as if bound in the first instance to carry it out; and
(c) is entitled to recover costs and expenses of carrying out the work from the person otherwise bound to carry it out, except for any part which might otherwise be recovered from him or her.
(3)  If any dispute arises between any person carrying out any work and another person or person's agent affected by the manner or form in which it is carried out, the dispute may be referred –
(a) if the parties agree –
(i) to any justice; or
(ii) to any engineer and architect, who are to decide the matter between them; or
(b) if an amount in excess of $1 000 appears to be involved, to a magistrate.
(4)  The person or court deciding a dispute under subsection (3) may decide which party is to bear the expense of doing anything in dispute.
(5)  If a dispute is decided under subsection (3) , the rights of the parties are as if the party carrying out the work had covenanted with the other party or, if he or she is acting as agent, his or her principal, to carry out the work in accordance with the decision.
(6)  If a dispute arises under this section, the council may direct that time for carrying out the work does not run until the dispute is determined and may revoke any such direction.

248.   Right of occupier to act in certain cases on default of owner

If an owner fails to carry out any work required under this Act, the occupier, if not entitled under section 247 , may carry out the work with the approval of the council.

249.   Primary right of occupier bearing owner's liability

(1)  If an occupier is compelled under this or any other Act to do any work or pay any money which ought primarily to be done or paid by the owner or does any work pursuant to section 248
(a) the expense of the work or the money paid is to be repaid to the occupier by the owner; and
(b) the occupier may deduct the amount out of the rent or other money becoming due to the owner.
(2)  If any money leviable by distress for which, as between owner and occupier, the owner is wholly liable, has been demanded from the occupier by the council, the occupier is entitled to recover from the owner double the value of the goods so sold with costs as between solicitor and client if –
(a) the occupier does not owe any rent or other money in respect of the occupation and has given notice of the demand to the owner; and
(b) the occupier's goods are distrained or seized and sold for the satisfaction of the money demanded.

250.   Ultimate liability

Subject to any express provision to the contrary in any enactment and notwithstanding any provision for primary liability, the liability to pay for any work required under this Act as between owner and occupier, if the reason for requiring the work was –
(a) a default of the occupier, is to be borne by the occupier; or
(b) a defect of or in the land which the occupier was not bound to the owner to rectify, is to be borne by the owner; or
(c) the improvement of the land, its neighbourhood or the municipal area –
(i) to be borne by the occupier, if the benefit of the work may not necessarily outlast the occupation; and
(ii) to be borne by the owner, in any other case.

251.   Mesne tenants

(1)  In this section –
mesne means any person having a present estate or interest in the land derived from that of the owner and from which that of the occupier is derived;
occupier means a person in actual occupation of land who is not owner of the land;
owner means the Crown or a person holding the land as tenant in chief in fee, whether or not the person has a good title.
(2)  If there is one mesne or more between the occupier and the owner, this Division applies as if –
(a) in respect of the occupier and the mesne, or the next mesne, if more than one, that mesne were the owner; and
(b) in respect of the owner and the mesne, or the next mesne, if more than one, that mesne were the occupier; and
(c) in respect of 2 mesnes not having a third between them, as if the superior were the owner and the inferior were the occupier.
(3)  The council is not bound if there are owner, occupier and mesne to have any regard to the mesne, but no act of the council is prejudiced by its treating the mesne as either owner or occupier.

252.   Several owners

(1)  If any sum of money is payable to the council under this Act by the owner of any land, and the rights of ownership of the land belong jointly, severally or successively, to more persons than one –
(a) the council may proceed –
(i) against each of those persons severally in respect of the ultimate liability under this section; or
(ii) against any of those persons who are known to it and may be conveniently served with the writ or other process jointly in respect of the whole sum; or
(iii) against the person seized in possession of the land in respect of the whole sum; and
(b) each of those persons is liable in the last resort to contribute in proportion to the value of the interest in the land; and
(c) if any of those persons cannot be found or made a party to the proceedings for contribution, the others are liable rateably for that person's contribution.
(2)  Any person may obtain valuations under the Land Valuation Act 1971 of all interests in land which affect the prosecution or defence of a claim to which this section applies.
(3)  Nothing in this section affects the operation of the rules of equity or the Settled Land Act 1884 .
PART 15 - Council Elections
Division 1 - Preliminary

253.   Interpretation of Part 15

[Section 253 Amended by No. 88 of 1995, s. 19 ]In this Part, unless the contrary intention appears –
approved means approved by the Chief Electoral Officer;
candidate means a candidate at an election held under this Part;
Chief Electoral Officer means the person holding that office under the Electoral Act 1985 ;
close of poll means 6 p.m. on polling-day;
closing day means the day on which the electoral roll for the electoral area is closed under section 260 ;
declaration of a poll means a declaration under section 303 ;
election agent means a person authorized by the candidate to act as his or her agent in connection with the candidate's campaign for election;
electoral area means the municipal area or electoral district in which an election is to be held;
electoral material includes ballot papers, postal vote envelopes and declarations and any other material relating to the conduct of an election;
electoral officer means a person appointed as such under section 265 ;
electoral roll means the roll kept under section 258 (1) ;
list of electors means the list prepared under section 261 ;
nomination period means the period beginning at 9 a.m. on the 6th Monday immediately before the polling-day and ending at noon on the 4th Thursday immediately before the polling-day;
notice of election means the notice of election under section 269 ;
polling-day means –
(a) the 4th Saturday in March in every year ending in an even number or another day fixed by the Governor under section 268A ; and
(b) in the case of a by-election or an adjourned poll, a day fixed by the Chief Electoral Officer under section 308 or 310 ;
polling period means a period of 10 days, excluding any Saturday, Sunday or Bank holiday, preceding and including the polling-day during any hours the Chief Electoral Officer determines under section 282A ;
polling place means a polling place appointed under section 263 ;
postal vote certificate means a certificate referred to in section 298 ;
postal vote envelope means an envelope referred to in section 298 ;
returning officer means a person appointed as such under section 264 ;
scrutineer means a person appointed as such under section 284 .
Division 2 - Electors

254.   Entitlement to vote

(1)  Any person is entitled to vote in an election in a municipal area if the person is enrolled on the electoral roll for the House of Assembly in respect of an address within that municipal area.
(2)  A person, other than a person referred to in subsection (1) , is entitled to vote in an election in a municipal area if the person –
(a) is an owner or occupier of land in the municipal area; and
(b) is over the age of 18; and
(c) is not serving a term of imprisonment; and
(d) is not subject to an order under the Mental Health Act 1963 .
(3)  A person who is a resident in one municipal area and is also an owner or occupier of land in one or more other municipal areas, is entitled to vote in an election in respect of those municipal areas.

255.   Voting by corporations

(1)  A corporate body which owns or occupies any land in a municipal area is entitled to nominate one person in any municipal area to vote on its behalf at an election in that municipal area.
(2)  A nomination under subsection (1) is to be –
(a) in an approved form; and
(b) signed by the person nominated; and
(c) lodged with the general manager.
(3)  The general manager may –
(a) accept the nomination; or
(b) reject the nomination if satisfied that the corporate body is not the owner or occupier of the land; or
(c) reject the nomination if satisfied that the person nominated –
(i) is not over the age of 18; or
(ii) is serving a term of imprisonment; or
(iii) is subject to an order under the Mental Health Act 1963 .
(4)  If a nomination under subsection (1) is not made, the corporate body is not entitled to vote at an election held in the relevant municipal area.
(5)  A nomination has effect until –
(a) a fresh nomination is made by the body corporate; or
(b) it appears to the general manager that –
(i) there has been a change in the ownership or occupation of the land in respect of which the entitlement to vote arises; or
(ii) the nominated person is no longer entitled to be nominated; or
(c) the nomination has been revoked.
(6)  Subject to section 256 , a person may vote on behalf of a corporate body without prejudice to any other entitlement to vote.
(7)  A corporate body may only nominate one person to vote on its behalf at an election in amunicipal area regardless of whether it owns or occupies land in several locations in that municipal area.

256.   Maximum number of votes

(1)  An elector, in an election in respect of one municipal area, has no more than 2 votes of which –
(a) only one vote is in his or her own right; and
(b) only one vote is on behalf of a corporate body under section 255 .
(2)  In an election for a divided municipal area, an elector has no more than 2 votes, even though more than one election for councillors is to be held, of which –
(a) only one vote is in his or her own right; and
(b) only one vote is on behalf of a corporate body under section 255 .

257.   Electoral enrolment form

(1)  A person who is entitled to vote in a municipal area under section 254 (2) must complete an electoral enrolment form.
(2)  An electoral enrolment form is to be –
(a) in an approved form; and
(b) lodged with the general manager.

258.   Electoral roll

(1)  The general manager is to keep an electoral roll of owners and occupiers of land in each electoral area in a manner determined by the Chief Electoral Officer.
(2)  An electoral roll kept by the general manager is to contain –
(a) a list of persons entitled to vote; and
(b) the address or location of the land in respect of which the person is entitled to vote; and
(c) any other matter the Chief Electoral Officer considers appropriate.
(3)  The general manager may make any alterations and additions to the electoral roll necessary to keep the roll accurate and up to date.
(4)  The general manager may, either on application or at his or her discretion, delete or exclude a person's address from the electoral roll if satisfied that the safety of the person or the person's family, may be at risk.
(5)  The general manager, by notice in writing, may require –
(a) a person to confirm in writing that the person is an occupier or owner of land in the municipal area; and
(b) a corporate body to confirm in writing that –
(i) the corporate body is an occupier or owner of land in the municipal area; and
(ii) the nominated person is still entitled to be nominated.
(6)  If a person or corporate body has not complied with a requirement under subsection (5) within the period specified in the notice, the general manager must –
(a) delete the name and address of that person or person nominated to vote on behalf of that body from the electoral roll; and
(b) advise that person or body in an approved form.
(7)  The Chief Electoral Officer is to keep an electoral roll of persons entitled to vote under section 254 (1) in accordance with the Electoral Act 1985 .

259.   Inspection of electoral roll

(1)  An elector or a corporate body may, at any reasonable time and free of charge, inspect the electoral roll kept under section 258 (1) .
(2)  An elector may object in writing to an error in the particulars in respect of the elector or corporate body in an electoral roll or to the omission of the elector's or corporate body's name from the roll.
(3)  On receipt of an objection, the general manager may make any adjustments necessary to correct the electoral roll.

260.   Closure of electoral roll

[Section 260 Amended by No. 88 of 1995, s. 20 ]The electoral rolls kept under section 258 are to be closed at 6.00 p.m. on the 6th Friday before the polling-day in the electoral area in respect of which the electoral roll is kept.

261.   List of electors

(1)  The general manager is to –
(a) prepare and keep a list of electors from the electoral roll kept under section 258 (1) as at the time of closure referred to in section 260 ; and
(b) certify that the list is correct.
(2)  The Chief Electoral Officer is to –
(a) prepare and keep a list of electors from the electoral roll kept under section 258 (7) for the House of Assembly as at the time of closure referred to in section 260 ; and
(b) certify that the list is correct.
(3)  The lists of electors prepared under subsections (1) and (2) form one list but may consist of 2 or more parts.
(4)  The Chief Electoral Officer is to provide the relevant returning officer with a copy of the certified list of electors.
(5)  Until after the polling-day –
(a) no further names or details may be included on the list of electors except names omitted in error; and
(b) no other alterations or cancellations may be made to the list of electors except to correct any error.
(6)  The returning officer on request is to provide each candidate in an electoral area with one copy of the list of electors free of charge as soon as practicable after the closing day.

262.   Appeals

(1)  A corporate body or person may appeal to a magistrate against the general manager's –
(a) rejection of a nomination under section 255 (3) ; or
(b) failure to delete or exclude the person's address from the electoral roll under section 258 (4) ; or
(c) failure to make an adjustment under section 259 (3) .
(2)  If the appeal is not determined on or before the closing day, the order determining the appeal does not affect the holding or result of an election.
(3)  If the magistrate varies an adjustment made by the general manager under section 259 (3) after the closing day, the electoral roll is not to be altered until it is reopened.
(4)  If the variation by a magistrate would entitle the objector to vote at an election in the relevant electoral area, the objector may vote at the forthcoming election in that electoral area as provided in section 289 .
Division 3 - Polling places and electoral officials

263.   Polling places

(1)  The Chief Electoral Officer is to appoint places to be polling places for the purposes of elections.
(2)  The Chief Electoral Officer may appoint a vehicle as a polling place.
(3)  At least one polling place is to be appointed for every electoral area and the same polling place may be appointed for 2 or more electoral areas.
(4)  An election is not void if the poll is not conducted at a particular polling place.
(5)  Once a notice of election is given, a polling place appointed under this section is to remain a polling place for the purpose of the election.

264.   Returning officer

(1)  In respect of any election, the Chief Electoral Officer is to appoint a person as returning officer for that election.
(2)  The Chief Electoral Officer may issue directions to the returning officer.
(3)  The returning officer is to carry out such duties as the Chief Electoral Officer determines.
(4)  If the returning officer is unable to perform any functions under this Part, the Chief Electoral Officer is to appoint a substitute to act as returning officer.

265.   Electoral officers

(1)  The returning officer, in consultation with the Chief Electoral Officer, may in writing appoint persons to act as electoral officers to assist in conducting the poll in an electoral area.
(2)  The returning officer, in consultation with the Chief Electoral Officer, may appoint an electoral officer as electoral officer in charge of a polling place.
(3)  If an electoral officer in charge is unable to perform any functions under this Part, the returning officer, in consultation with the Chief Electoral Officer, may make any arrangement for a substitute to act as electoral officer in charge.
(4)  [Section 265 Subsection (4) amended by No. 42 of 1996, s. 3 and Sched. 1 ]An electoral officer is a worker within the meaning and for the purposes of the Workers Rehabilitation and Compensation Act 1988 .

266.   Powers of electoral officers in charge

(1)  An electoral officer in charge of a polling place is to maintain and enforce order and to keep the peace at the polling place.
(2)  The electoral officer in charge of a polling place may remove a person whom the officer reasonably suspects has committed an offence under this Part.
(3)  Any police officer is to assist an electoral officer in charge of a polling place in removing a person under subsection (2) .

267.   Electoral officer voting

An electoral officer is not debarred from voting at an election by virtue of his or her office in relation to that election.

268.   Expenses of elections

All expenses incurred by a returning officer and the Chief Electoral Officer in respect of an election in a municipal area are to be paid by the council of that municipal area.
Division 4 - Notices of elections and nominations

268A.   Polling-day and polling period

[Section 268A Inserted by No. 88 of 1995, s. 21 ]
(1)  The Governor, by order, may fix a day to be a polling-day.
(2)  The Chief Electoral Officer may determine the hours of a polling period.

269.   Notice of election

(1)  At least 40 days before polling-day, the Chief Electoral Officer is to –
(a) give notice of an election to the returning officer in each municipal area; and
(b) cause notice of an election to be advertised prominently in a daily newspaper circulating in the relevant municipal area.
(2)  A notice under subsection (1) is to state –
(a) the date and time of the closure of the electoral roll of the electoral area to which the election relates; and
(b) the vacancies to be filled; and
(c) the details of entitlement to vote; and
(d) any other matter the Chief Electoral Officer considers appropriate.
(3)  If more than one election is required for a municipal area or several municipal areas at the same time, the Chief Electoral Officer may advertise a single notice in respect of all the elections.
(4)  The returning officer is to display a copy of a notice of an election at the public office.

270.   Eligibility for nomination as councillor

(1)  A person is eligible to nominate as a candidate for the office of councillor if the person –
(a) is an elector in the municipal area; and
(b) is not a councillor of another council whose term of office is to end after the certificate of election is issued in respect of that other council's elections; and
(c) has not been barred by a court under section 48 (6) from nominating as a candidate at any election; and
(d) is not an employee of the council in that municipal area; and
(e) has not been removed from the office of councillor because of inadequacy or incompetency; and
(f) is not a bankrupt; and
(g) is not subject to an order under the Mental Health Act 1963 ; and
(h) is not undergoing a term of imprisonment.
(2)  A person is not eligible to nominate as a candidate for the office of councillor if the person has been sentenced for a crime but the sentence has not been executed.
(3)  If a municipal area is divided into electoral districts, a candidate is not required to be an elector in the particular electoral district for which the candidate is nominated.
(4)  A person may not be a candidate for the office of councillor in more than one electoral district in a municipal area or in more than one municipal area.

271.   Notice of nominations

(1)  A person who is eligible to nominate as a candidate for the office of councillor in a municipal area may lodge at, or post or send by facsimile to, the returning officer –
(a) a notice of nomination in an approved form; and
(b) if the person's name has changed from that which appears on the electoral roll –
(i) evidence in writing of the change of name; and
(ii) a statement specifying the form in which the person's name is to appear on the ballot papers for the poll, if a poll is required to be conducted for that election.
(2)  A notice of nomination is to be –
(a) signed by at least 2 electors of the municipal area; and
(b) signed by the candidate; and
(c) lodged, posted or sent by facsimile so as to be received by the returning officer before the end of the nomination period.
(3)  The returning officer may accept a second notice of nomination up to 24 hours after the end of the nomination period if satisfied that the first notice –
(a) needs to be altered, completed, corrected or substituted; and
(b) was lodged, posted or sent by facsimile and received by the end of the nomination period.

272.   Acceptance or rejection of nomination

(1)  The returning officer is to consider a notice of nomination immediately on receipt of the nomination and may accept the nomination if satisfied that –
(a) the notice has been fully completed; and
(b) the name of the person is on the electoral roll for the municipal area; and
(c) the name of that person is –
(i) normally used by that person; and
(ii) not obscene, frivolous or assumed for an ulterior purpose.
(2)  If the returning officer is not satisfied as to the matters specified in subsection (1) , the returning officer is to reject that nomination.
(3)  The returning officer is to advise a person whether a nomination is accepted or rejected immediately on making the decision.
(4)  A person may appeal to the Chief Electoral Officer against the rejection of a nomination no later than 24 hours after the end of the nomination period.
(5)  In considering an appeal, the Chief Electoral Officer may –
(a) direct the returning officer to accept the nomination; or
(b) confirm the rejection of the nomination.
(6)  A decision of the Chief Electoral Officer is final.

273.   Withdrawal of nomination

(1)  A candidate may withdraw his or her nomination for an election by lodging, posting or sending by facsimile a notice in an approved form to be received by the returning officer before the end of the nomination period.
(2)  If a candidate dies before the polling period –
(a) the candidate is not capable of being elected at the election; and
(b) the returning officer, with the approval of the Chief Electoral Officer, may extend the nomination period for no longer than 24 hours.
(3)  If, on the death of a candidate during the polling period, the number of candidates remaining exceeds the number required to be elected –
(a) the returning officer is to publicize the death; and
(b) a poll is to be conducted under Division 6 ; and
(c) the votes cast for the deceased candidate on the ballot papers are to be counted as votes cast for the candidate shown as the elector's next preference on the ballot papers.
(4)  If a candidate who has been elected at the election dies before the giving of the certificate of election –
(a) the returning officer is to cause the votes cast at the election to be recounted; and
(b) in the recount the votes cast for the deceased candidate on the ballot papers are to be counted as votes cast for the candidate shown as the elector's next preference on the ballot papers.

274.   Election without poll

(1)  If, at the end of the nomination period, the number of candidates for an office whose nominations have been accepted and not withdrawn does not exceed the number required to be elected, those candidates are duly elected.
(2)  [Section 274 Subsection (2) amended by No. 88 of 1995, s. 22 ]If candidates are duly elected, the returning officer –
(a) as soon as practicable, is to make a declaration of the poll; and
(b) is to give a certificate of election on polling-day; and
(c) is to advise the Chief Electoral Officer of the candidates duly elected.
(3)  [Section 274 Subsection (3) omitted by No. 88 of 1995, s. 22 ].  .  .  .  .  .  .  .  

275.   Election with poll

(1)  If, at the end of the nomination period, the number of candidates exceeds the number required to be elected, a poll is to be conducted under Division 6 .
(2)  If a poll is required, the returning officer as soon as practicable is to advise the Chief Electoral Officer accordingly.
(3)  The Chief Electoral Officer is to cause a notice to be advertised in a daily newspaper circulating in the relevant electoral area and displayed at all public offices stating –
(a) the names, and addresses if not deleted or excluded from the electoral rolls under section 258 , of the candidates; and
(b) the offices to be voted for; and
(c) the day on which, and the hours during which, the poll will be conducted; and
(d) the addresses of polling places and the hours during which they are open; and
(e) any other matter the Chief Electoral Officer considers appropriate.
(4)  If more than one election is required for a municipal area or several municipal areas at the same time, the Chief Electoral Officer may advertise a single notice in respect of all the elections.

276.   Display of notice of nominations

(1)  After the end of the nomination period, the returning officer is to –
(a) display at the public office a notice specifying the name, and address if not deleted or excluded from the electoral rolls under section 258 , of each person whose nomination for the election has been accepted; and
(b) promptly advise the Chief Electoral Officer of those details.
(2)  The returning officer is not to disclose any information of any nomination until after the end of the nomination period.
Division 5 - Advertising in respect of elections

277.   Interpretation of Division 5

In this Division –
electoral advertising means advertising in respect of a candidate's campaign for election by means of signs, posters, television, radio or in a newspaper;
relevant period means the period starting on the 30th day before the date of notice of election and ending at the end of the polling period.

278.   Electoral advertising

(1)  A candidate, an election agent or a party within the meaning of the Electoral Act 1985 must not during the relevant period use electoral advertising with a view to promoting or procuring the election of the candidate at an election otherwise than in accordance with the regulations.

Penalty:  Fine not exceeding 100 penalty units.

(2)  If a court convicts a candidate who is successful at an election, the court must declare that candidate's election void, unless the court is satisfied that there are special circumstances that make it undesirable or inappropriate for it to make such a declaration.
(3)  [Section 278 Subsection (3) omitted by No. 88 of 1995, s. 23 ].  .  .  .  .  .  .  .  

279.   Return in relation to electoral advertising

(1)  Within 90 days after the day on which the returning officer gives a certificate of election, every candidate must sign and declare before a justice or a commissioner for declarations and lodge with the Chief Electoral Officer a return in an approved form stating the candidate's relevant electoral advertising.

Penalty:  Fine not exceeding 30 penalty units.

(2)  A return under subsection (1) is to be accompanied by any invoice, account or receipt in respect of electoral advertising.
(3)  Any person who prints, publishes or broadcasts electoral advertising is to lodge a return in an approved form with the Chief Electoral Officer within 90 days after the day on which the returning officer gives a certificate of election.

Penalty:  Fine not exceeding 30 penalty units.

280.   Further information

If the Chief Electoral Officer is not satisfied that the return is authentic and accurate and that all particulars that ought to have been included in the return have been included, the Chief Electoral Officer may require any person to give further information.

281.   Returns open for inspection

(1)  The Chief Electoral Officer is to give a copy of any return to the general manager.
(2)  The Chief Electoral Officer and the general manager are to –
(a) keep returns or copies of returns for a period of 12 months; and
(b) during that period, make those returns or copies available for inspection, free of charge, by a member of the public.
(3)  At the end of 12 months, the Chief Electoral Officer and the general manager are to destroy the returns or copies unless proceedings have been instituted concerning the relevant election.

282.   Chief Electoral Officer may require information

(1)  If the Chief Electoral Officer has reason to believe that a person is in possession of information or records relating to electoral advertising, the Chief Electoral Officer may, by written notice, require –
(a) the person to provide that information; or
(b) the person to produce for inspection any of those records, at a specified time and place; or
(c) the person to answer any question relating to that advertising; or
(d) any person who was a party to the compilation of those records to make a statement providing an explanation of them.
(2)  The Chief Electoral Officer may make and retain copies of any records produced or of any parts of those records.
(3)  A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) .

Penalty:  Fine not exceeding 10 penalty units.

(4)  Any information provided, answer given or statement made by a person in response to a requirement made under subsection (1) may not be used in any proceedings against that person except proceedings under subsection (6) in relation to that information, answer or statement.
(5)  A person is not obliged to provide any information, produce records, answer a question or make a statement under this section unless that person has first been informed by the Chief Electoral Officer that he or she is required to do so.
(6)  A person must not provide information, produce records, give an answer or make a statement which is, to that person's knowledge, false or misleading.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 3 months.

(7)  In any proceedings for an offence under this section, a copy of a record or part of a record made under subsection (2) is admissible in evidence in those proceedings and, in the absence of evidence to the contrary, the contents of the copy are presumed to be the same as those on the original record or part.
(8)  In this section records includes books, accounts, minutes, registers, deeds, writings or documents and any other sources of information compiled, recorded or stored in written form, on micro-film or by electronic process, or in any other manner or by any other means.
Division 6 - Conduct of polls

283.   Voting hours

Voting is to be carried out during the polling period.

284.   Appointment of scrutineers

(1)  A candidate at an election may appoint one or more persons who are not candidates to be a scrutineer on his or her behalf.
(2)  The appointment of a scrutineer is to be –
(a) in an approved form; and
(b) signed by the candidate and the scrutineer.
(3)  The returning officer or the electoral officer in charge is to supply each scrutineer with an identity badge to be worn or displayed by the scrutineer at any place at which a scrutiny, voting or the counting of ballot papers is being carried out.
(4)  A candidate is entitled to be represented at any place at which a scrutiny, voting or the counting of ballot paper is being carried out by a number of scrutineers that is no greater than the number of locations where that scrutiny, voting or counting is being carried out at that place.

285.   Scrutineering

(1)  A scrutineer, before acing as such, is to produce to the electoral officer in charge his or her appointment as a scrutineer.
(2)  A scrutineer is entitled to be present –
(a) in the parts of a polling place in which ballot papers are issued to, and received from, electors; and
(b) a place where the scrutiny of those ballot papers takes place; and
(c) a place where a recount of the votes cast at the relevant election takes place.
(3)  A scrutineer who is in a polling place or any other place must not –
(a) fail to comply with a lawful direction given to the scrutineer by the electoral officer in charge or the returning officer; or
(b) interfere with, or attempt to influence, an elector or other person who is lawfully in there; or
(c) during the polling period, scrutiny of the ballot papers or the recount of the votes, communicate with a person there, except in so far as it is necessary to do so in the performance of the functions as a scrutineer; or
(d) without the authority of the electoral officer in charge, touch or interfere with any electoral materials; or
(e) otherwise misconduct himself or herself.

Penalty:  Fine not exceeding 5 penalty units.

286.   Persons entitled to be present in polling place

(1)  The only persons who are entitled to be present in a polling place during the polling period are –
(a) the electoral officers appointed for that pollingplace and scrutineers; and
(b) electors in the course of voting; and
(c) any other person authorized by the Chief Electoral Officer, returning officer or electoral officer in charge.
(2)  The only persons who are entitled to be present in a place during the scrutiny of ballot papers or the recount of votes are the persons referred to in subsection (1) (a) and (c) .

287.   Questions to electors

(1)  The electoral officer is to ask the following questions to each person claiming to vote:
(a) what is your full name?;
(b) where do you live?;
(c) have you voted before in this election?.
(2)  The electoral officer may, or must if required to do so by a scrutineer, ask a person further questions to establish that person's identity if the answers given under subsection (1) are not sufficient to distinguish that person from another person.
(3)  If a scrutineer is not satisfied with any answer given by an elector, the electoral officer in charge –
(a) may permit the elector to vote; and
(b) is to make a record in an approved form of that fact.
(4)  A person's answer to any question put under this section is conclusive and matters relating to that answer are not to be further inquired into during the election.

288.   Ballot papers

(1)  Ballot papers are to be prepared and printed by the Chief Electoral Officer in the format specified in Schedule 6 .
(2)  The names of the candidates are to be printed on the ballot papers in the prescribed order.
(3)  The Chief Electoral Officer is to provide each returning officer with sufficient ballot papers for an election.
(4)  The electoral officer is to issue a ballot paper to any person who –
(a) has answered the questions referred to in section 287 (1) (a) and (b) ; and
(b) is on the list of electors; and
(c) has answered the question referred to in section 287 (1) (c) in the negative.

289.   Marking of ballot papers

(1)  In respect of an election for mayor, deputy mayor or a single councillor, an elector –
(a) must mark the ballot paper by placing the number 1 in the square next to the name of the candidate of the elector's first preference; and
(b) may mark the ballot paper further by placing further consecutive numbers in any or all of the remaining squares next to the names of the remaining candidates.
(2)  In respect of an election for more than one councillor, an elector –
(a) must mark the ballot paper by placing consecutive numbers in the squares next to the names of the candidates in order of preference from number 1 to the number of candidates that are to be elected; and
(b) may place further consecutive numbers in any or all of the remaining squares next to the names of the remaining candidates.
(3)  An elector who votes at a polling place on polling-day, after marking the ballot paper, is to –
(a) fold the ballot paper; and
(b) place the ballot paper in the appropriate ballot box.

290.   Voting if not on list of electors

(1)  A person who is entitled to vote but is not on the list of electors may vote if he or she makes a declaration before the electoral officer in charge in accordance with an approved form.
(2)  An elector, after marking the ballot paper, is to –
(a) fold the ballot paper; and
(b) return the ballot paper to the electoral officer in charge.
(3)  On receiving a ballot paper the electoral officer in charge in the presence of the elector and such scrutineers as are present and without unfolding the ballot paper, is to –
(a) enclose it in an envelope bearing the elector's declaration and addressed to the returning officer; and
(b) seal the envelope.
(4)  On sealing an envelope pursuant to subsection (3) (b) , the electoral officer in charge is to place the envelope in the appropriate ballot box.
(5)  An electoral officer in charge is to –
(a) keep a record of declarations made under subsection (1) in an approved manner; and
(b) parcel and seal the sealed envelopes at the close of the polling period; and
(c) forward the parcels and record to the returning officer as soon as practicable after the close of the poll.
(6)  The returning officer is to open the parcels and deal with them as prescribed.

291.   Absentee vote

(1)  An elector of a municipal area may vote in accordance with section 290 (2) in another municipal area for an election in that municipal area at a polling place designated by the Chief Electoral Officer for that purpose.
(2)  The ballot paper of the elector is to be dealt with in accordance with section 290 .
(3)  The returning officer is to send the envelopes to the returning officer in the relevant municipal area in the approved manner.

292.   Early voting

If an elector wishes to vote at a polling place on a day other than the polling-day –
(a) the elector is to vote in accordance with section 290 ; and
(b) the ballot papers are to be dealt with in accordance with that section.

293.   Spoilt ballot papers

(1)  An elector who has been issued a ballot paper, marked it and placed it in a ballot box is not, at the same election, entitled to receive any other ballot paper or exercise any further right of voting.
(2)  Before an elector has placed a ballot paper in a ballot box, the electoral officer may issue a second ballot paper to that elector in substitution for the ballot paper first issued to the elector onthe request of the elector.
(3)  Before the electoral officer issues a second ballot paper to an elector, the elector is to hand the first ballot paper to the electoral officer in charge who is to –
(a) mark the ballot paper "spoilt"; and
(b) place the spoilt ballot paper in a sealed envelope and send it to the returning officer.

294.   Assistance to electors

(1)  If the electoral officer is satisfied that an elector is unable to vote without assistance because the elector's sight is so impaired, or the elector is so physically incapacitated or illiterate that the elector cannot vote without assistance, the electoral officer may allow a person nominated by the elector to –
(a) record a vote on the ballot paper according to the elector's instructions; and
(b) fold the elector's ballot paper so that the vote cannot be seen; and
(c) return the elector's ballot paper to the electoral officer.
(2)  If an elector fails to nominate an assistant, the electoral officer is to –
(a) record a vote on the ballot paper according to the elector's instructions; and
(b) fold the elector's ballot paper so that the vote cannot be seen.
(3)  The actions of the electoral officer are to be carried out in the presence of a scrutineer, or if no scrutineer is available, in the presence of another electoral officer.

295.   Security of electoral material

As soon as possible after the end of the polling period on each day, the electoral officer in charge at each polling place is to deal with all materials used in connection with the election in accordance with instructions issued by the Chief Electoral Officer.
Division 7 - Postal voting

296.   Applications for postal voting

(1)  An elector may apply to vote at an election by a postal vote.
(2)  An application is to be –
(a) in an approved form; and
(b) signed by the elector; and
(c) witnessed by –
(i) a person who is enrolled on the electoral roll for the House of Assembly, if the elector is voting in Tasmania; or
(ii) a person who is enrolled on the electoral roll for the House of Representatives, if the elector is voting outside Tasmania.
(3)  An application is to be lodged with the returning officer –
(a) at least 2 days before the polling-day, if the application is sent from within Tasmania; or
(b) at least 3 days before the polling-day, if the application is sent from within Australia but outside Tasmania; or
(c) at least 5 days before the polling-day, if the application is sent from outside Australia.
(4)  On receipt of an application, the returning officer may –
(a) accept the application if satisfied that the applicant is an elector; or
(b) reject the application if not so satisfied.
(5)  The returning officer is to advise an applicant by notice in writing –
(a) that the application is rejected; and
(b) the grounds of that rejection.

297.   Postal voting election

(1)  [Section 297 Subsection (1) substituted by No. 88 of 1995, s. 24 ]A council may decide that an election is to be held by postal voting.
(2)  [Section 297 Subsection (2) substituted by No. 88 of 1995, s. 24 ]If a council makes a decision under subsection (1)
(a) the Chief Electoral Officer is to include a notice to that effect in the notice of election; and
(b) the returning officer is to send or deliver postal vote certificates and ballot papers to all the electors of the municipal area.
(3)  An elector may vote in person at an election during the polling period at the polling place appointed for that purpose even though a council has made a decision under subsection (1) .
(4)  Any ballot paper received from an elector voting pursuant to subsection (3) is to be dealt with in accordance with section 290 .

298.   Postal vote documents

(1)  The returning officer is to send or deliver to the address shown on the list of electors to each elector who is to vote by postal vote under section 296 or 297
(a) a postal vote certificate and declaration; and
(b) the ballot paper; and
(c) instructions for voting; and
(d) a postal vote envelope; and
(e) any other document the Chief Electoral Officer considers appropriate.
(2)  A postal vote certificate and declaration can be in the form of a postal vote envelope.
(3)  [Section 298 Subsection (3) substituted by No. 88 of 1995, s. 25 ]The elector is to sign the postal vote certificate and declaration where indicated.
(4)  The elector is to mark the ballot paper in accordance with the instructions on the ballot paper.
(5)  The elector is to –
(a) enclose the marked ballot paper and any postal vote certificate and declaration in the postal vote envelope; and
(b) send it by post or deliver it so that it reaches –
(i) the returning officer; or
(ii) the electoral officer in charge at any polling place –
before the end of the polling period on polling-day.
(6)  A ballot paper received after the end of the polling period on polling-day is not to be accepted.
(7)  The returning officer or the electoral officer in charge is to place all postal vote envelopes unopened in the appropriate ballot box.
(8)  [Section 298 Subsection (8) amended by No. 88 of 1995, s. 25 ]The returning officer may send or deliver a second set of the documents referred to in subsection (1) to any elector who has informed the returning officer that he or she has not received the original documents.
(9)  An elector whose sight is so impaired or who is so physically incapacitated or illiterate that the elector cannot vote without assistance may nominate a person to assist in marking the ballot paper.
Division 8 - Determination of result of elections

299.   Counting votes

(1)  At the end of the polling period, the electoral officer in charge at each polling place, in the presence of scrutineers and with the assistance of other electoral officers, is to –
(a) open the ballot boxes containing the ballot papers; and
(b) count the first preference votes shown on all ballot papers in respect of each candidate; and
(c) count all informal ballot papers.
(2)  After counting the first preference votes and informal ballot papers, the electoral officer in charge is to –
(a) parcel and seal all the ballot papers and other electoral material in the approved manner; and
(b) deliver all the ballot papers and other electoral material in the approved manner –
to the returning officer for the counting to be carried out in the prescribed manner.
(3)  The returning officer may, with the approval of the Chief Electoral Officer, determine that the counting of votes is to be carried out at another place.
(4)  If the counting of votes is to be carried out at another place, the electoral officer in charge is to seal all the ballot boxes and deliver then as directed by the returning officer.
(5)  The counting of all votes is to be carried out in accordance with –
(a) Part 2 of Schedule 7 , if the ballot paper set out in Part 1 of Schedule 6 is used; or
(b) Part 3 of Schedule 7 , if the ballot paper set out in Part 2 of Schedule 6 is used.

300.   Informal ballot papers

(1)  A ballot paper is informal if –
(a) it is not authenticated by at least one of the following:
(i) the initials of the electoral officer who issues the ballot papers; or
(ii) the signature of that electoral officer; or
(iii) an approved mark; or
(b) there is no vote recorded on the ballot paper; or
(c) the vote is recorded on the ballot paper otherwise than in accordance with the instructions on the ballot paper; or
(d) there is on the ballot paper a mark or writing which identifies the elector who marked that ballot paper.
(2)  A ballot paper is not to be treated as informal or rejected at the counting of votes if, in the opinion of the returning officer or electoral officer in charge, the elector's intention is clearly indicated on the ballot paper.

301.   Checking and counting votes in envelopes

(1)  The returning officer, on receiving sealed parcels of ballot papers and other electoral material and in the presence of any scrutineer, is to –
(a) open the sealed parcels and check the details on the certificates and declarations against the details of the electors on the list of electors kept under section 261 ; and
(b) if the certificates and declarations are correct, open the envelopes and remove the ballot papers in accordance with prescribed procedures; and
(c) count the votes shown on the ballot papers in accordance with Schedule 7 .
(2)  The Chief Electoral Officer is to require the details on certificates and declarations to be checked in the prescribed manner against the details of electors on the list of electors kept under section 261 or on any other record.

302.   List of postal votes

The returning officer is to keep –
(a) a record of names and addresses of electors to whom postal vote envelopes and declarations have been sent; and
(b) the postal vote envelopes, certificates and declarations received from electors.

303.   Declaration of poll

(1)  As soon as practicable after all the votes are counted, the returning officer is to –
(a) declare the names of the persons elected at an election; and
(b) issue a certificate of the result of the election.
(2)  If elections of councillors, mayor and deputy mayor are held at the same time, the order in which the returning officer is to declare the names of the persons elected is as follows:
(a) councillor;
(b) mayor;
(c) deputy mayor.

304.   Certificate of election

(1)  The returning officer is to forward to the Chief Electoral Officer the certificate of the result of the election.
(2)  The Chief Electoral Officer is to cause a copy of the certificate of election to be published in the Gazette and in a daily newspaper circulating generally in the relevant electoral area.
(3)  Any elector or candidate may dispute the result of an election by lodging an application in the prescribed form and manner with the Supreme Court within 90 days of the date on which the certificate of election is published under subsection (2) .
(4)  A dispute is to be heard and determined in the prescribed manner.

305.   Recount of votes

(1)  A candidate at the election may, before the declaration of a poll, request a recount of the votes cast at the election.
(2)  The returning officer may –
(a) agree to recount the votes; or
(b) refuse to recount the votes.
(3)  If the returning officer refuses to recount the votes, the candidate may appeal to the Chief Electoral Officer.
(4)  The Chief Electoral Officer may direct the returning officer to recount the votes.
(5)  A recount under this section of the votes at an election is conclusive of the results of the counting of the votes at that election and no further request for a recount of those votes may be made.

306.   Keeping of electoral material

(1)  The returning officer is to parcel and seal all electoral material in an approved manner.
(2)  The returning officer is to give in the approved manner to the Chief Electoral Officer –
(a) all used ballot papers; and
(b) any other sealed parcels of electoral material the Chief Electoral Officer may require.
(3)  The returning officer is to give in the approved manner to the general manager any electoral material not given to the Chief Electoral Officer under subsection (2) .
(4)  The general manager is to keep in a manner determined by the Chief Electoral Officer all electoral material received from a returning officer until at least any dispute may be determined.
(5)  [Section 306 Subsection (5) amended by No. 88 of 1995, s. 26 ]The Chief Electoral Officer is to keep all ballot papers for 4 years and other electoral material until at least any dispute may be determined.
(6)  Ballot papers are only to be examined for the purpose of filling a vacancy.
(7)  In this section, electoral material includes any other material which the Chief Electoral Officer determines.
Division 9 - Vacancies and by-elections

307.   Casual vacancies

(1)  [Section 307 Subsection (1) substituted by No. 88 of 1995, s. 27 ]A casual vacancy is to be filled by a recount, carried out under Schedule 8 , of the ballot papers of the election at which the councillor causing the vacancy was elected.
(2)  For the purpose of a recount, only the ballot papers containing the votes of the vacating councillor are to be counted for candidates who remain eligible and who consent to be included when the recount is carried out.
(3)  If a vacancy occurs within 3 months of a forthcoming election, the Chief Electoral Officer is not to carry out a recount unless the number of remaining councillors of a council is not sufficient to constitute a quorum.
(4)  The Chief Electoral Officer is to notify that a recount to fill a casual vacancy is to take place by –
(a) notice in writing sent or delivered to each eligible candidate; or
(b) an advertisement published in a daily newspaper circulating in the relevant municipal area.
(5)  An eligible candidate who wishes to be included in a recount must consent in the approved form by lodging the form with the Chief Electoral Officer by noon on the 8th day after the date of a notice or advertisement referred to in subsection (4) .
(6)  The term of office of a councillor elected by means of a recount ends on the date of issue of the next certificate of election.

308.   By-elections

(1)  [Section 308 Subsection (1) amended by No. 88 of 1995, s. 28 ]A by-election for a vacancy in the office of councillor is to be held if –
(a) it is not possible to carry out a recount of votes; or
(ab) the vacancy is in an office filled by means of a recount and the term of that office has ended under section 307 (6) ; or
(b) not all the offices have been filled at an election.
(1A)  [Section 308 Subsection (1A) inserted by No. 88 of 1995, s. 28 ]The Chief Electoral Officer may fix a day as the polling-day for a by-election.
(2)  [Section 308 Subsection (2) amended by No. 88 of 1995, s. 28 ]A by-election is to be held –
(a) on the day fixed by the Chief Electoral Officer; or
(b) in conjunction with the next election if that election is to occur within the next 3 months.
(3)  A by-election is to be held in accordance with this Part as if it were an election.
(4)  [Section 308 Subsection (4) inserted by No. 88 of 1995, s. 28 ]The term of office of a councillor elected at a by-election to fill a casual vacancy is the remainder of the term of office of the councillor who caused the casual vacancy.

309.   Order of election

At a by-election for a vacancy held in conjunction with an election –
(a) the candidate who is elected last is taken to be elected to fill the vacancy; and
(b) if the number of candidates whose nominations have been accepted does not exceed the number of vacancies to be filled at the combined election, the candidate, whose term of office would expire on the day on which the returning officer gives a certificate of election in respect of the combined election, is taken to be elected to fill the vacancy arising from that expiry; and
(c) if there is no such candidate, the candidates to be elected to fill the vacancies are to be determined by the drawing or casting of lots conducted by the returning officer in a prescribed manner.

310.   Adjournment of poll

(1)  [Section 310 Subsection (1) amended by No. 88 of 1995, s. 29 ]The Chief Electoral Officer may –
(a) adjourn a poll if the poll was interrupted by rioting or any other disturbance or a natural disaster; and
(b) fix the polling period and the polling-day for the election.
(2)  [Section 310 Subsection (2) omitted by No. 88 of 1995, s. 29 ].  .  .  .  .  .  .  .  
(3)  An election under this section is to be held in accordance with this Part.
Division 10 - Offences relating to elections

311.   Electoral articles to be signed

(1)  A person must not, during the prescribed period, print, publish or distribute an article relating to an election that does not contain the true name and address of the responsible person, printer and publisher at the end of the article.

Penalty:  Fine not exceeding 5 penalty units.

(2)  This section does not apply to the printing or publication of –
(a) a leading article; or
(b) an article that consists solely of a report of a meeting and does not contain any comment (other than comment made by a speaker at the meeting) on a candidate at an election or on the issues being submitted to the electors at the election.
(3)  A person must not, during the prescribed period, cause to be broadcast by radio or television any matter commenting on a candidate at the election referred to in the broadcast or on the issues being submitted to the electors at the election that does not state the true name and address of the responsible person.

Penalty:  Fine not exceeding 5 penalty units.

(4)  In this section –
article includes any advertisement, direct mail item, sign, circular, pamphlet, handbill, poster, sticker, dodger and report;
prescribed period means the period commencing on the day on which the notice of election is advertised and ending on the last polling-day;
responsible person means the person taking responsibility for causing the matter to be printed, published or broadcast.

312.   Offences related to polling

(1)  [Section 312 Subsection (1) amended by No. 88 of 1995, s. 30 ]A person must not –
(a) vote at an election if not entitled to do so; or
(b) obtain or attempt to obtain more ballot papers at an election than that to which he or she is entitled; or
(c) demand or place in a ballot box more ballot papers than that to which he or she is entitled; or
(d) leave or attempt to leave a polling place after having received a ballot paper and without having placed it in a ballot box as provided by the regulations.
(e) .  .  .  .  .  .  .  .  

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person is not –
(a) to obstruct an elector when the elector is marking a ballot paper; or
(b) by any word or action, to directly or indirectly aid in discovering the name of a person for whom an elector has voted or intends to vote.

Penalty:  Fine not exceeding 10 penalty units.

(3)  [Section 312 Subsection (3) amended by No. 88 of 1995, s. 30 ]A person must not –
(a) personate or attempt to personate any elector; or
(b) vote, offer to vote or attempt to vote more than once in his or her own right at the same election; or
(c) attempt to vote by means of a ballot paper that has been handed or delivered to another person; or
(d) personally attempt to induce an elector within the elector's residence to vote by a postal vote for a particular person; or
(e) .  .  .  .  .  .  .  .  
(f) steal, misdirect, hide, destroy or otherwise tamper or interfere with any of the documents sent or delivered under section 298 ; or
(g) cause a disturbance at the election; or
(h) obstruct the polling by any unnecessary delay in performing any act within the polling place; or
(i) intrude into or obstruct the approaches to the polling place or conduct himself or herself in a disorderly manner in, or in the approaches to, the polling place; or
(j) within a radius of 100 metres of the entrance to, or within, the polling place –
(i) canvass for votes; or
(ii) solicit the vote of an elector; or
(iii) induce or attempt to induce an elector not to vote for a particular candidate or particular candidates; or
(iv) induce or attempt to induce an elector to refrain from voting; or
(v) exhibit a notice or sign (other than an official notice or sign) relating to the election; or
(vi) use a loudspeaker or an amplifier or any other apparatus or device for broadcasting any matter intended to influence, or capable of influencing, voting at the polling place; or
(k) on polling-day, distribute any handbill, pamphlet or how-to-vote material.

Penalty:  Fine not exceeding 50 penalty units.

313.   Offences in violation of secrecy of ballot

A person must not –
(a) at an election, attempt to find out, or directly or indirectly aid in finding out, the person for whom a vote is given; or
(b) disclose any knowledge of the person for whom an elector has voted at an election that he or she has obtained in the exercise of his or her office at that election.

Penalty:  Fine not exceeding 10 penalty units.

314.   Bribery and undue influence

(1)  A person must not –
(a) promise or offer any money or valuable consideration, advantage, recompense, reward or benefit in relation to –
(i) a nomination for an election; or
(ii) a withdrawal of nomination from an election; or
(iii) a vote or an abstention from voting at a poll; or
(iv) support of, or opposition to, a candidate; or
(v) a promise of any such vote, abstention, support or opposition; or
(b) give or take any money or valuable consideration, advantage, recompense, reward or benefit in relation to a nomination, withdrawal, vote, abstention, support, opposition or promise.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months.

(2)  A person who instigates the commission of the offence of bribery is punishable in the same manner as if that person had committed the offence.
(3)  The offence of bribery includes the supply of food, drink or entertainment with a view of influencing the vote of an elector at an election where the supply is made during the period –
(a) commencing on the day after the notice of election is given; and
(b) ending on the polling-day.
(4)  A person whose nomination at an election has been accepted by the returning officer must not directly or indirectly offer, promise or give a gift, donation or prize to or for any club, association or body during the period –
(a) commencing on the day after the notice of election is given; and
(b) ending on –
(i) the day on which that person withdraws his or her nomination; or
(ii) if that person does not so withdraw, the polling-day.

Penalty:  Fine not exceeding 5 penalty units.

(5)  In proceedings for an offence under subsection (4) it is a defence to show that gifts, donations or prizes similar in nature and in amount or value are regularly given to the club, association or body for similar purposes.
(6)  A person must not directly or indirectly threaten, offer, suggest, use, cause, inflict or instigate violence, punishment, damage, loss or disadvantage to another person in relation to –
(a) a nomination for an election; or
(b) a withdrawal of a nomination from an election; or
(c) a vote, or any abstention from voting at a poll; or
(d) support of, or opposition to, a candidate; or
(e) a promise of any such vote, abstention, support or opposition.

Penalty:  Fine not exceeding 10 penalty units.

(7)  A declaration of public policy or promise of public action is not an offence against subsection (6) .

315.   False or misleading statements

A person must not, in giving any information, filing a return or making an application under this Part –
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the statement is misleading.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.

Division 11 - Miscellaneous

316.   Formal defects not to invalidate elections

An election is not invalid by reason only –
(a) of any defect in the title, or want of title, of the person by or before whom the election, or any polling in it, has been held or conducted; or
(b) of any formal error or defect in any notice, advertisement, notification, list, declaration, application, statement or envelope, or in any publication of any of them; or
(c) that any such publication was out of time; or
(d) of any delay in holding the election; or
(e) the failure to provide any electoral material; or
(f) of any defect, impediment or omission of a merely formal nature.

317.   Orders in respect of elections

The Minister, by order and on the recommendation of the Chief Electoral Officer, may –
(a) provide for such matters as the Minister considers desirable to enable a particular election or elections at a particular time, to be held; or
(b) validate a defect or an informality in an election or an irregularity in the holding of an election that appears to the Minister not to affect materially the result of the election.

318.   Invalidity of election not to affect proceedings

The invalidity of an election or a court's declaration that a candidate's election is void does not affect –
(a) any action or other proceedings by or against the council; or
(b) any decision made by the council or council committee.

319.   Instituting proceedings

(1)  The returning officer is to report all alleged offences under this Part to the Chief Electoral Officer.
(2)  The Chief Electoral Officer is to determine whether or not proceedings are to be instituted in respect of any offence under this Part.

320.   Inquiries and investigations

(1)  The Chief Electoral Officer, or a person authorized by the Chief Electoral Officer for the purpose, may make any inquiries or carry out any investigation necessary to ensure that an election is being, or has been, conducted in accordance with this Part.
(2)  In making inquiries or carrying out any investigation under subsection (1) , the Chief Electoral Officer or authorized person may –
(a) enter any polling place or place where electoral material is stored; and
(b) examine, make copies of and take possession of, records and any electoral material; and
(c) question any electoral officer, candidate or candidate's election agent in relation to the conduct of the election; and
(d) question the general manager in relation to the keeping of the electoral roll.

321.   Declaration of office

(1)  Any person elected as councillor must make a prescribed declaration in a prescribed manner.
(2)  A councillor who has not made a declaration must not –
(a) act in the office of councillor, mayor or deputy mayor; or
(b) take part in the proceedings of any meeting of the council or a committee.
(3)  A council is to acknowledge the making of a declaration at its meeting and the general manager is to record that fact in the minutes of that meeting.

322.   Freedom of Information

The provisions of the Freedom of Information Act 1991 do not apply to any electoral material.

323.   Role of Chief Electoral Officer

(1)  The Chief Electoral Officer may –
(a) require any person to provide information or advice in relation to any matter arising under this Part; and
(b) use that information and advice for the purposes of this Part.
(2)  The Chief Electoral Officer may –
(a) prepare and publish information and statistics in respect of elections; and
(b) promote public awareness and understanding of elections; and
(c) encourage enrolment and voting for elections.

324.   Regulations for Part 15

(1)  The Governor may make regulations for the purposes of this Part.
(2)  Regulations may make provision for the following matters:
(a) the manner in which the poll is to be conducted at an election;
(b) the method of determining which candidate is taken to have more votes than another candidate where 2 or more candidates obtain an equal number of votes.
(2A)  [Section 324 Subsection (2A) inserted by No. 88 of 1995, s. 31 ]In respect of advertising relating to an election, regulations may be made prescribing –
(a) the maximum number allowed to be displayed, and the maximum size allowed, for a sign or poster; and
(b) the maximum amount of broadcasting time allowed on television or radio and the maximum cost allowed; and
(c) the maximum amount of advertising space allowed in newspapers and the maximum cost allowed.
(3)  Regulations made under this section may require that in prescribed cases returns, documents, records or other information or particulars required under this Part to be lodged or given are to be verified by statutory declaration.
(4)  Regulations made under this section may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(5)  The regulation may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units for each day during which the offence continues.
PART 16 - Miscellaneous
Division 1 - Local Government Association of Tasmania
[Part 16, Div. I Heading amended by No. 88 of 1995, s. 32 ]

325.   Interpretation of Division 1

[Section 325 Amended by No. 88 of 1995, s. 33 ]In this Division –
Association means the Local Government Association of Tasmania continued under section 326 ;
member council means a council which is a member of the Local Government Association of Tasmania.

326.   Local Government Association of Tasmania

(1)  [Section 326 Subsection (1) amended by No. 88 of 1995, s. 34 ]The Local Government Association of Tasmania is continued as a body corporate with perpetual succession and a common seal.
(2)  The common seal is to be kept and used as authorized by the Association.
(3)  The Association may –
(a) acquire, hold, dispose of and otherwise deal with property; and
(b) sue and be sued in its corporate name.
(4)  The execution of a document sealed by the Association is to be attested by 2 officers of the Association.
(5)  All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Association.

327.   Members of Association

(1)  The Association consists of any council which agrees to become a member and pays the annual subscription as determined by the Association.
(2)  The Association may refuse to renew the membership of a council which –
(a) has not paid the due subscription; or
(b) fails to comply with, or contravenes, any rules of the Association.

328.   Functions and powers of Association

(1)  The functions of the Association are as follows:
(a) to protect and represent the interests and rights of councils in Tasmania;
(b) to promote an efficient and effective system of local government in Tasmania;
(c) to provide services to member councils, councillors and employees of councils.
(2)  The Association has power to do any thing necessary or convenient to be done in connection with the performance of its functions.

329.   Rules

[Section 329 Amended by No. 88 of 1995, s. 35 ]The Association may make rules relating to –
(a) the management of the Association; and
(b) the appointment of a general management committee; and
(c) the membership of the Association; and
(d) any other matter relating to any of its powers or functions under this Division or Division 1A of this Part.

330.   Employees of Association

[Section 330 Amended by No. 88 of 1995, s. 36 ]The Association may appoint and employ such persons and on such terms and conditions as it considers necessary to perform its functions under this Division or Division 1A of this Part.

331.   Accounts and audit

(1)  The Association is to prepare an annual financial statement on or before 31 August in each year of the income and expenditure of the Association for the previous financial year.
(2)  The financial statement prepared under subsection (1) and any other relevant financial records and accounts are to be submitted to the Auditor-General for audit.
(3)  The Auditor-General may require the Association to produce any other document or provide any other information necessary for the purpose of an audit.
(4)  The Auditor-General must refer to the executive committee of the Association any error or irregularity in the financial statement, or in the Association's accounting practices or management of financial activities.
Division 1A - Employee assurance schemes
[Part 16, Div. IA  Inserted by No. 88 of 1995, s. 37 ]

331A.   Interpretation of Division 1A

[Section 331A Inserted by No. 88 of 1995, s. 37 ]In this Division –
Association means the Local Government Association of Tasmania;
Committee means the General Management Committee of the Association;
Commonwealth superannuation law means the following Acts of the Commonwealth:
(a) Superannuation Industry (Supervision) Act 1993 ;
(b) Income Tax Assessment Act 1936 ;
(c) Superannuation Entities Taxation Act 1987 ;
(d) Superannuation (Resolution of Complaints) Act 1993 ;
existing scheme means a scheme of assurance referred to in section 331B ;
member means a person admitted to membership of an existing scheme or new scheme;
new scheme means a scheme of assurance established under section 331C .

331B.   Existing scheme

[Section 331B Inserted by No. 88 of 1995, s. 37 ]
(1)  A scheme of assurance operating and in force under Division 2 of Part 7 of the Local Government (Building and Miscellaneous Provisions) Act 1993 immediately before the commencement of the Local Government Amendment Act 1995 continues as the existing scheme under this Division.
(2)  Any right, benefit, entitlement, liability or obligation of any members of the existing scheme and their employers continues.

331C.   New scheme

[Section 331C Inserted by No. 88 of 1995, s. 37 ]
(1)  The Committee may establish a new scheme of assurance and appoint trustees for that scheme under Commonwealth superannuation law in addition to, or in substitution for, an existing scheme.
(2)  If the Committee establishes a new scheme, a member participating in the existing scheme may stay in the existing scheme or transfer to the new scheme.

331D.   Management of schemes

[Section 331D Inserted by No. 88 of 1995, s. 37 ]Any new scheme or existing scheme is to be managed in accordance with a trust deed executed under Commonwealth superannuation law.

331E.   Welfare trust fund

[Section 331E Inserted by No. 88 of 1995, s. 37 ]
(1)  The Committee, by a trust deed, may establish and maintain a welfare trust fund for the benefit of members.
(2)  The Committee is to appoint trustees who together equally represent the interests of members and their employers to administer the welfare trust fund.
(3)  The trustees may make a grant or a loan in respect of any one or more of the following:
(a) the rehabilitation and retraining of members who in the opinion of the trustees suffer from total and permanent or total and temporary disability;
(b) funeral expenses of the member;
(c) specified medical and dental costs of the member;
(d) financial assistance for members in specified adverse circumstances;
(e) provision of scholarships for children of members in need;
(f) any other purpose the trustees determine.
Division 2 - Queen Victoria Museum and Art Gallery

332.   Endowment

(1)  By way of permanent endowment for the Queen Victoria Museum and Art Gallery, there is to be paid out of money provided by Parliament to the Launceston City Council in each year an amount to be used by the Launceston City Council towards –
(a) the salaries of persons employed by the Launceston City Council in relation to the Queen Victoria Museum and Art Gallery; and
(b) the maintenance, management and other charges in respect of the Queen Victoria Museum and Art Gallery; and
(c) obtaining specimens of natural history, goods, chattels, paintings and works of art for the Queen Victoria Museum and Art Gallery.
(2)  The Launceston City Council may supplement that fund in each year as it thinks fit.

333.   Management

(1)  The Launceston City Council has the management and control of the Queen Victoria Museum and Art Gallery and its contents and may sell and exchange the contents and generally act in such manner as appears best calculated to advance the objects of the institution.
(2)  The Launceston City Council, once in every year, is to report the proceedings and progress of the institution to the Minister, and a copy of every report is to be laid before Parliament within 14 sitting days after it is received.
Division 3 - General provisions

334.   Director of Local Government

Subject to and in accordance with the Tasmanian State Service Act 1984 , the Governor may appoint a person employed under the Tasmanian State Service Act 1984 as Director of Local Government and that person holds office in conjunction with an office in the State Service.

335.   Functions and powers of Director

(1)  The Director has the following functions:
(a) to undertake the general administration of this Act subject to the direction of the Minister;
(b) to undertake any other function the Minister may determine.
(2)  The Director has power to do anything necessary or convenient to perform any function under this or any other Act.

336.   Council arms

(1)  A council may adopt arms in the form of a badge, crest or flag or a combination of these.
(2)  A council may display and use the arms in any manner it thinks fit.
(3)  A person must not use or display the arms of a council without its approval.

Penalty:  Fine not exceeding 10 penalty units.

337.   Certificate of council's power

(1)  Any person may apply to a council for a certificate stating the council's rights in or powers over specified land.
(2)  An application is to be –
(a) in the prescribed form; and
(b) accompanied by the prescribed fee.

338.   Information

[Section 338 Amended by No. 88 of 1995, s. 38 ]A council is to furnish to the Minister, the Treasurer, the Director or the Board –
(a) any information requested in relation to its activities; and
(b) any documents or records as requested.

339.   Improper use of information and misuse of office

(1)  A councillor or a member of a local committee, special committee or controlling authority must not make improper use of any information acquired as a councillor or member of such a committee.

Penalty:  Fine not exceeding 50 penalty units.

(2)  An employee of a council must not make improper use of any information acquired as such an employee.

Penalty:  Fine not exceeding 50 penalty units.

(3)  Improper use of information includes using the information –
(a) to gain, directly or indirectly, an advantage or to avoid, directly or indirectly, a disadvantage, for oneself, a member of one's family or a close associate; or
(b) to cause any loss or damage to any person.
(4)  A councillor, an employee or a member of a local committee, special committee or controlling authority must not procure the doing or not doing of anything by the council to gain, directly or indirectly, an advantage or to avoid, directly or indirectly, a disadvantage for –
(a) the councillor, employee or member; or
(b) a close associate of the councillor, employee or member; or
(c) a member of the councillor's, employee's or member's family.

Penalty:  Fine not exceeding 50 penalty units.

(5)  [Section 339 Subsection (5) amended by No. 88 of 1995, s. 39 ]In addition to any penalty imposed under this section, a court may make an order –
(a) barring the councillor from nominating as a candidate at any election for a period not exceeding 7 years; or
(b) dismissing the councillor or member from office.

340.   Interference with record

(1)  A person must not interfere with, alter or destroy any record or document in the possession of, or under the control of, a council without the approval of the council.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not remove any record or document in the possession of, or under the control of, a council from that possession or control without the approval of the council.

Penalty:  Fine not exceeding 50 penalty units.

341.   Immunity from liability

(1)  A member of the Board, a councillor, member of a local or special committee, a member of a controlling or joint authority, an administrator or an employee of a council is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power or in the performance or purported performance of a function under this or any other Act.
(2)  A liability that would, but for subsection (1) , lie against a member of a local or special committee or a member of a controlling authority, lies against the council which established the committee or authority.

342.   Validity of proceedings, &c.

(1)  Any act or proceeding of the Board, a council, council committee, controlling authority or any person acting under any direction of the Board, a council, council committee or controlling authority is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the office of a councillor.
(2)  An act or proceeding of the Board, a council, council committee, controlling authority or a person acting under the direction of the Board, a council, council committee or controlling authority is valid even if –
(a) the appointment of a member of the Board, council, council committee or controlling authority was defective; or
(b) a person appointed as a member of the Board, council or council committee was disqualified from acting as, or incapable of being, such a member.

343.   Presumptions

In any proceedings by or against the Board, a council or council committee, unless evidence is given to the contrary, proof is not required of –
(a) the constitution of the Board, council or council committee; or
(b) any resolution of the Board, council or council committee; or
(c) the appointment or election of any member of the Board, council or council committee; or
(d) the presence of a quorum at any meeting of the Board, council or council committee.

344.   Rounding off rates, &c.

(1)  A council may round down any amount payable under this Act if –
(a) a ratepayer offers a cash payment in excess of that amount; and
(b) no change is available because the appropriate coins or notes are no longer in circulation.
(2)  A council may, in a rates notice, round down any amount payable under this Act to an amount for which there is exact legal tender in circulation.

345.   False and misleading statements

A person must not, in giving any information under this Act –
(a) make a statement knowing it to be false or misleading; or
(b) omit any matter from a statement knowing that without that matter the statement is misleading.

Penalty:  Fine not exceeding 50 penalty units.

346.   Tenders

(1)  Subject to subsection (2) , a council must invite tenders for any contract it intends to enter into for the purchase of goods or services valued at or above an amount prescribed by regulations.
(2)  If no amount is prescribed by regulations, the amount for the purposes of subsection (1) is $50 000 or more.
(3)  A council may purchase goods at a public auction.
(4)  Tenders are to be invited and made in the prescribed manner.
(5)  A council may only accept a tender if, in all the circumstances, it is advantageous for it to do so.
(6)  This section does not apply to an emergency where, in the opinion of the general manager, there is no time to invite tenders for the goods or services required in that emergency.

347.   Exemption from fees

[Section 347 Substituted by No. 88 of 1995, s. 40 ][Section 347 Amended by No. 59 of 1996, s. 8 ]A council is exempted from the payment of any fees and charges in respect of –
(a) searches of any record or document relating to land in its municipal area; and
(b) copies of, and extracts from, any such record or document –
but this section does not affect the liability of a joint authority to which Part 3A applies to pay any such fee or charge.

348.   Orders to be Statutory Rules

Any order made under this Act is a statutory rule within the meaning of the Rules Publication Act 1953 .

349.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.
(2)  Regulations may be made relating to any one or all of the following:
(a) rates, charges and fees;
(b) the administration and operation of councils;
(c) markets;
(d) nuisances;
(e) impounding, sale and destruction of animals.
(3)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.
(4)  Regulations made under this section may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

350.   Repeal

The Acts specified in Schedule 9 are repealed.

351.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the Minister for Local Government; and
(b) the Department responsible to the Minister for Local Government in relation to the administration of this Act is the Department of Environment and Land Management.
SCHEDULE 1 - Membership of Local Government Board

Section 4 (7)

1.   Interpretation
In this Schedule, appointed member means a member of the Board appointed under section 4 (2) (a) , (b) , (c) or (d) .
2.   Term of office
An appointed member is to be appointed for such period, not exceeding 3 years, as is specified in the member's instrument of appointment.
3.   Holding other office
The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office, is not disqualified from –
(a) holding that office and also the office of an appointed member; or
(b) accepting any remuneration payable to an appointed member.
4.   Remuneration of members
An appointed member is entitled to be paid such remuneration (including travelling and subsistence allowances) as the Minister and the member may agree.
5.   Vacation of office
(1) An appointed member may resign from office by written notice addressed to the Minister.
(2) An appointed member vacates office if he or she –
(a) dies; or
(b) resigns; or
(c) is removed from office under subclause (3) , (4) or (5) .
(3) The Minister may remove an appointed member from office if the member –
(a) is absent from 2 consecutive meetings of the Board without the permission of the Board; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) has been convicted, in Tasmania of any crime or offence punishable by imprisonment for 12 months or longer or elsewhere of any crime or offence which if committed in Tasmania would be punishable by imprisonment for 12 months or longer; or
(d) is convicted of an offence against this Act.
(4) The Minister may remove an appointed member from office if satisfied that the member is unable to perform adequately or competently the duties of office.
(5) The Minister may remove an appointed member from office if –
(a) the Minister is satisfied, having regard to the information supplied by the body which nominated that member, that the member is no longer qualified to be a member of the Board; or
(b) the Board recommends the removal of that member.
6.   Filling of vacancies
(1) If the office of an appointed member becomes vacant, the Minister may appoint a person to the vacant office for the remainder of that member's term of office.
(2) If an appointed member is unable for any reason to perform the functions of a member of the Board, the Minister may appoint a suitable person to act in the office of that member for such period as the Minister determines.
SCHEDULE 2 - Meetings of Local Government Board

Section 4 (8)

1.   Interpretation
In this Schedule, member means a member of the Board.
2.   Procedure at meetings
(1) The quorum at any meeting of the Board is 4 members.
(2) A meeting of the Board may only transact business if there is a quorum present.
(3) A question arising at a meeting of the Board is determined by a majority of votes of the members present and voting.
3.   Chairperson
(1) The chairperson of the Board is to preside at all meetings of the Board.
(2) If the chairperson of the Board is not present at a meeting of the Board, the members present are to elect one of their number to preside at that meeting.
(3) The person presiding at a meeting of the Board has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
4.   Disclosure of interest
(1) A member is to disclose at a meeting of the Board any interest in a matter being considered by the Board.
(2) A disclosure of interest is to be recorded in the minutes of the meeting of the Board.
(3) Subject to subclause (4) , the member who made the disclosure must –
(a) not take part in any debate or vote in respect of the matter; and
(b) leave the meeting.
(4) The Minister may allow a member to remain at a meeting if –
(a) the member is required to be present to make up a quorum; or
(b) the Minister considers that the interest disclosed by the member is too remote to influence the debate or vote.
5.   General procedure
Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Board are as determined by the Board.
SCHEDULE 3 - Municipal Areas, Councils and Electoral Districts
[Schedule 3 Substituted by S.R. 1994 No. 2 ][Schedule 3 Amended by S.R. 1994 No. 24 ][Schedule 3 Amended by S.R. 1994 No. 232 ][Schedule 3 Amended by S.R. 1996 No. 125 ]

Sections 16 (5) , 16 (6) , 17 (2) , 17 (3) , 18 (2) , 18 (4) , 25 (3) , 25 (4) and 45 (3)

COLUMN 1

COLUMN 2

COLUMN 3

COLUMN 4

COLUMN 5

Municipal Areas

Council Names

No. of Councillors

Electoral Districts

No. of Councillors for each electoral district

Break O'Day CPR 2470

Break O'Day Council

9

...

...

Brighton CPR 2477

Brighton Council

9

...

...

Burnie CPR 2049

CPR 2049

Burnie City Council

12

...

...

Central Coast

CPR 2614

Central Coast Council

12

...

...

Central Highlands CPR 2463

Central Highlands Council

9

...

...

Circular Head

CPR 2465

Circular Head Council

9

...

...

Clarence CPR 2976

Clarence City Council

12

...

...

Derwent Valley

CPR 2481

Derwent Valley Council

9

...

...

Devonport CPR 3658

Devonport City Council

12

...

...

Dorset

CPR 2484

Dorset Council

9

...

...

Flinders CPR 2978

Flinders Council

9

...

...

George Town CPR 2472

George Town Council

9

...

...

Glamorgan-Spring Bay CPR 2473

Glamorgan-Spring Bay Council

9

...

...

Glenorchy CPR 2977

Glenorchy City Council

12

...

...

Hobart

CPR 2475

Hobart City Council

12

...

...

Huon Valley CPR 2469

Huon Valley Council

9

...

...

Kentish

CPR 2979

Kentish Council

10

...

...

Kingborough CPR 2478

Kingborough Council

12

...

...

King Island CPR 1790

King Island Council

9

...

...

Latrobe

CPR 3657

Latrobe Council

9

...

...

Launceston CPR 3004

Launceston City Council

12

North

East

4

4

South West

4

CPR 3004

CPR 3003

CPR 2988

Meander Valley

CPR 2467

Meander Valley Council

9

...

...

Northern Midlands CPR 2482

Northern Midlands Council

9

...

...

Sorell

CPR 3510

Sorell Council

12

...

...

Southern Midlands CPR 2486

Southern Midlands Council

9

...

...

Tasman CPR 2981

Tasman Council

9

...

...

Waratah-Wynyard CPR 2488

Waratah-Wynyard Council

10

...

...

West Coast CPR 2489

West Coast Council

9

...

...

West Tamar CPR 2982

West Tamar Council

9

...

...

SCHEDULE 4 - Meetings

Sections 18 (3) and 23 (3)

1.   Ordinary and special meetings
(1) A mayor may convene ordinary meetings of the council to transact ordinary business and any other business on the agenda.
(2) A mayor may at any time convene special meetings of the council at which only the items on the agenda may be discussed.
(3) A mayor must convene a special meeting of the council at the direction of the council.
(4) The general manager is to convene a special meeting of the council at the request of 3 or more councillors.
(5) A chairperson of a council committee may at any time convene a meeting of that committee.
(6) A chairperson of a council committee must convene a meeting of the council committee at the direction of the council or the council committee.
2.   Annual general meeting
(1) A council must hold an annual general meeting on a date which –
(a) is not later than 15 December in each year; and
(b) is not before 14 days after the date of the first publication of a notice under subclause (2) .
(2) A council must publish a notice on at least 2 separate occasions in a daily newspaper circulating in the municipal area specifying the date of the annual general meeting.
(3) If a quorum of the council is not present, the annual general meeting is to be reconvened and held within 14 days.
(4) Only electors in the municipal area are entitled to vote at an annual general meeting.
(5) A resolution is passed by a majority of votes taken by a show of hands.
(6) A resolution passed at an annual general meeting is to be considered at the next meeting of the council.
(7) The general manager is to keep minutes of the annual general meeting.
3.   Frequency of meetings
(1) An ordinary meeting of the council is to be held at least once in each month.
(2) The first meeting of a newly established council is to be held on a date determined by the Minister.
4.   Times of meetings
A meeting of a council or council committee is not to start before 5 p.m. unless –
(a) the council otherwise determines by absolute majority; or
(b) the mayor otherwise determines asauthorized by the council.
5.   Notice of meetings
(1) The general manager is to give councillors a notice in writing of any meeting of the council or council committee together with the relevant agenda prepared under clause 11
(a) at least 4 days before the meeting, in the case of an ordinary meeting; or
(b) at least 2 days before the meeting, in the case of a special meeting.
(2) The general manager is to publish a notice of any meeting in a daily newspaper circulating in the municipal area –
(a) at least 4 days before the meeting, in the case of an ordinary meeting; or
(b) at least 2 days before the meeting, in the case of a special meeting.
(3) The periods referred to in this clause include Saturdays, Sundays and public holidays.
6.   Chairperson
(1) The mayor, or in his or her absence, the deputy mayor, is to preside at any meeting of a council, the annual general meeting or at a public meeting.
(2) If both the mayor and the deputy mayor are not present at any meeting of a council, the councillors present are to elect one of their number to preside at that meeting.
(3) The councillors who are members of a council committee are to elect one of their number to preside at any meeting of that committee.
(4) The person presiding at a meeting may take any reasonable steps to remove a person from a meeting if the person disrupts or tries to disrupt the meeting.
7.   Quorum
(1) The quorum at any meeting of a council is an absolute majority.
(2) The quorum at any meeting of a council committee is the simple majority of such number of councillors who are members of the committee as the council determines.
(3) A meeting may only transact business if a quorum is present.
(4) If a meeting lacks a quorum because a councillor declares an interest and must leave the meeting, the Minister may allow that councillor to remain at that meeting to make up a quorum.
(5) A councillor making up a quorum under subclause (4) is not entitled to take part in any deliberations or to vote on any matter.
(6) If there is no quorum at 3 consecutive meetings of a council, the general manager is to report the matter to the Minister.
8.   Reconvening abandoned and adjourned meetings
(1) If a quorum is not present within half an hour after a meeting of a council or council committee is to start, the meeting is to be abandoned.
(2) The general manager is to –
(a) reconvene a meeting abandoned under subclause (1) within 14 days; and
(b) give notice of the meeting in accordance with clause 5 .
(3) The chairperson, at any time during a meeting, may adjourn the meeting to a later date or time.
(4) If a meeting is adjourned for 2 or more days, the general manager is to publish in a daily newspaper circulating in the municipal area a notice stating –
(a) that the meeting has been adjourned; and
(b) the date and time of the resumption of the meeting.
9.   Voting
(1) Each councillor has one vote at a meeting.
(2) A question arising at a meeting is determined by a simple majority of votes.
(3) To abstain from voting is to vote in the negative.
(4) A tied vote results in a question being determined in the negative.
(5) The chairperson is to take the vote on the voices, or if the result is not clear, on a show of hands.
(6) The chairperson must call a division immediately following such a demand from a councillor.
(7) Voting in a division is shown by a show of hands.
(8) The counting of votes in a division is to be done by calling out the names of the councillors and how they voted.
(9) The names of councillors voting in a division and how they voted are to be recorded in the minutes of the meeting.
(10) A council may not overturn a resolution passed since the last ordinary election except by a resolution of an absolute majority.
10.   Public access
(1) All meetings of a council or council committee are to be open to the public unless the council by absolute majority, or a council committee by simple majority, decides to close a meeting because any of the following matters are to be discussed:
(a) personnel matters including complaints against staff of the council;
(b) industrial matters relating to a person;
(c) the health or financial position of any person;
(d) contracts for the supply and purchase of goods and services;
(e) the security of property of the council;
(f) proposals for the acquisition of land or disposal of land which is not public land;
(g) information provided to the council on the condition it is kept confidential;
(h) trade secrets of private bodies;
(i) matters relating to actual or possible litigation involving the council or staff of the council.
(2) The chairperson of a meeting may remove the public from a closed meeting.
(3) The chairperson of a meeting may exclude any person from a closed meeting.
(4) The chairperson of a meeting may address questions on notice or invite any member of the public present at a meeting to ask questions.
(5) A council or council committee may invite a delegation of persons to address the meeting.
11.   Agenda
(1) The general manager is to –
(a) prepare an agenda for each meeting of a council or a council committee; and
(b) provide each councillor with the agenda.
(2) The general manager may exclude from the agenda any documents which, in the opinion of the general manager, relate to any matter referred to in clause 10 (1) .
(3) The agenda of a meeting is to list any matter to be discussed at the meeting.
(4) The general manager is to make available at the public office copies of the agenda –
(a) at least 2 days before a special or 4 days before any other meeting; and
(b) at the meeting.
(5) Copies of any extract from the agenda, other than an extract relating to any matter referred to in clause 10 (1) , are to be made available on payment of a prescribed fee.
(6) Any document excluded from the agenda under subclause (2) and considered at a meeting which is closed to the public under clause 10 is exempt from the provisions of the Freedom of Information Act 1991 .
12.   Topics of discussion at meeting
A matter may only be discussed at an ordinary meeting of the council or a council committee if it is listed on the agenda unless the council by absolute majority, or the council committee by simple majority, decides otherwise.
13.   Minutes
(1) Subject to subclause (2) , the general manager is to record in the minutes of an ordinary or special meeting details of –
(a) any matter discussed at the meeting; and
(b) any prescribed matter.
(2) In respect of any matter discussed at a meeting which is closed to the public under clause 10 , the general manager is only to record the fact that the matter was discussed and is not to record the details unless the council or council committee determines otherwise.
(3) If the general manager is excluded from a meeting under clause 10 (3) , the chairperson of the meeting is to direct a councillor to record the minutes of the meeting.
(4) As soon as practicable but at least at the next ordinary meeting, the minutes of an ordinary or special meeting –
(a) are to be circulated to all councillors; and
(b) are to be confirmed as a true record at the next ordinary meeting by motion of a council or council committee and signature of the chairperson.
(5) The minutes and copies of any extract from the minutes are to be made available for inspection on payment of a prescribed fee.
(6) The minutes relating to matters discussed at a meeting from which the public has been removed under clause 10 (2) or a person has been excluded under clause 10 (3) are exempt from the provisions of the Freedom of Information Act 1991 .
14.   Petitions
(1) A councillor may present a petition to a meeting of a council.
(2) The presentation of a petition is to be –
(a) made in a form and manner prescribed in the by-laws; and
(b) recorded in the minutes.
15.   Other procedures
Any other procedures in relation to the holding and conduct of meetings are to be prescribed by by-laws.
SCHEDULE 5 - Office of councillors and Members of Local Committees

Sections 25 (5) , 29 (2)

1.   Fees, allowances and expenses
(1) A council, by resolution, may grant allowances only to mayors, deputy majors and councillors up to a maximum amount prescribed by regulation.
(2) A council must give at least 28 days notice of a meeting at which any proposal to grant remuneration and allowances under subclause (1) is to be discussed.
(3) A meeting referred to in subclause (2) is to be open to the public.
(4) A council may reimburse a councillor or member of a local committee for reasonable expenses incurred in carrying out the duties of office in relation to –
(a) telephone rental and telephone calls; and
(b) travelling; and
(c) care of any child of the councillor or member by a licensed carer.
2.   Vacation of office
(1) The office of a councillor becomes vacant if the councillor –
(a) dies; or
(b) resigns; or
(c) is removed or dismissed from office under this Act; or
(d) is removed from office by the Minister under subclause (2) ; or
(e) becomes a paid employee of the council; or
(f) is no longer an elector.
(2) The Minister may only remove a councillor from office if the councillor –
(a) is absent without leave from 3 consecutive ordinary meetings of the council; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) is convicted of an offence under this Act; or
(d) is subject to an order under the Mental Health Act 1963 ; or
(e) is undergoing a term of imprisonment; or
(f) has been sentenced for any crime and the sentence has not been executed; or
(g) fails to disclose a pecuniary interest as required under Part 5 ; or
(h) is unable to perform adequately or competently the duties of the office.
SCHEDULE 6 - Ballot Papers

Section 288

PART 1 - Mayoral or Councillor Elections
Form
graphic image
PART 2 - Councillor Elections
Form
graphic image
SCHEDULE 7 - Counting of Votes

Sections 299 and 301

PART 1 - General
1.   Interpretation
(1) In this Schedule –
absolute majority of votes, in relation to a candidate, is a number of votes which is greater than one-half of the total number of ballot papers, other than exhausted and informal ballot papers, on which electors have recorded their votes for the candidate;
informal ballot paper means a ballot paper which is informal as specified in section 300 ;
quota means the number of votes sufficient to elect a candidate;
second preference recorded for a candidate means the preference on a ballot paper recorded by the number "2" in the square opposite the name of the candidate on the ballot paper;
surplus means the number of votes which a candidate obtained at any stage of the counting of votes in excess of the quota;
transfer value means that portion of a vote which is unused by –
(a) an elected candidate who has obtained a surplus; or
(b) a candidate excluded on account of being lowest on the poll and which is transferred to the candidate next in the order of the elector's preference.
(2) For the purpose of the definition of "transfer value", the transfer value is either one or a fraction of one.
PART 2 - Mayoral or Councillor Elections
2.   First preferences
(1) The number of first preferences recorded for each candidate is to be counted and all informal ballot papers are to be rejected.
(2) The candidate who obtains an absolute majority of votes is to be elected.
3.   Second and subsequent preferences
(1) If no candidate has an absolute majority of votes, the candidate who has the fewest votes is to be excluded and each ballot paper counted to that candidate, unless exhausted, is to be counted to the unexcluded candidate next in the order of the elector's preference.
(2) The process specified in subclause (1) is to be repeated until one candidate has an absolute majority of votes.
4.   Ballot paper counted and exhausted
(1) Every ballot paper, not rejected as informal, is to be counted in every count until it becomes exhausted, when it is to be rejected in all further counts.
(2) If a candidate is excluded, any ballot paper counted to the candidate is exhausted if there is not indicated on it a consecutive preference for one or more unexcluded candidates.
5.   Returning officer to decide exclusion and election
(1) If, on any count, 2 or more candidates have an equal number of votes and one of them has to be excluded, the returning officer is to decide which candidate is to be excluded by the drawing or casting of lots in the prescribed manner.
(2) If in the final count, 2 candidates have an equal number of votes, the returning officer is to decide which of them is to be elected by the drawing or casting of lots in the prescribed manner.
PART 3 - Councillor Elections
6.   Quota
(1) The quota is calculated in accordance with the following formula:
graphic image
where –
Q is the quota;
FP is the total number of first preferences;
C is the total number of candidates to be elected.
(2) Any remainder in calculating the quota is to be disregarded.
(3) Subject to clause 13 (6) , a candidate is not to be elected until the candidate obtains a number of votes equal to or greater than the quota.
7.   First preferences
(1) The number of first preferences recorded for each candidate is to be counted and all informal ballot papers are to be rejected.
(2) The total number of first preferences for each candidate is to be multiplied by 100.
(3) A candidate who, after the first preferences have been counted, has a number of preferences equal to or greater than the quota, is to be elected.
8.   First preferences equal to quota
If the number of first preferences obtained by a candidate is equal to the quota, all the ballot papers on which a first preference is recorded for that candidate are to be set aside as finally dealt with.
9.   First preferences in excess of quota
If the number of first preferences obtained by a candidate exceeds the quota, the proportion of those preferences in excess of the quota is to be transferred to the other candidates not yet elected next in the order of the electors' respective preferences in the following manner:
(a) all the ballot papers on which a first preference is recorded for the elected candidate are to be re-examined and the number of second preferences, or in the case provided for in clause 10 , third or next consecutive preferences, recorded for each unelected candidate are to be counted.
(b) the surplus of the elected candidate is to be divided by the total number of votes obtained by the candidate on the counting of the first preferences and the resulting fraction is the transfer value;
(c) the number of second or other preferences recorded for each unelected candidate is to be multiplied by the transfer value;
(d) the resulting number of votes, disregarding any fractional remainder, is to be transferred to each unelected candidate and added to the number of votes obtained by the candidate on the counting of the first preferences.
10.   Surplus
(1) If, on the counting of the first preferences or on a transfer, more than one candidate has a surplus, the largest surplus is to be dealt with first.
(2) If at that stage more than one candidate has a surplus, the then largest surplus is to be dealt with next, and so on.
(3) If one candidatehas obtained a surplus at a count or transfer previous to that at which another candidate obtains a surplus, the surplus of the former is to be dealt with first.
(4) If 2 or more surpluses are equal, the surplus of the candidate who was the highest at the count or transfer at which they last had an unequal number of votes is to be dealt with first.
(5) If the 2 or more candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which candidate's surplus is to be dealt with first.
11.   Quota by transfer
(1) If the number of votes obtained by a candidate is increased to a number which is equal to, or exceeds, the quota by a transfer, the candidate is to be elected.
(2) Notwithstanding the fact that the candidate has reached the quota, the transfer is to be completed and all the votes to which the candidate is entitled from the transfer are to be transferred to the candidates, but no votes of any other candidate are to be transferred to the candidate.
(3) If the number of votes obtained by a candidate is increased by a transfer to a number which is equal to the quota, all of the ballot papers on which the votes are recorded are to be set aside as finally dealt with.
(4) If the number of votes obtained by a candidate is increased by a transfer to a number which exceeds the quota, the surplus is to be transferred to the candidates next in the order of the voters' respective preferences, in the following manner:
(a) the ballot papers on which are recorded the votes obtained by the elected candidate in the last transfer are to be re-examined and the number of third preferences, or in the case provided for in clause 10 , next consecutive preferences, recorded for each unelected candidate counted;
(b) the surplus of the elected candidate is to be divided by the total number of ballot papers mentioned in paragraph (a) and the resulting fraction is the transfer value;
(c) the number of third or other preferences recorded for each unelected candidate is to be multiplied by the transfer value;
(d) the resulting number, disregarding any fractional remainder, is to be credited to each unelected candidate and added to the number of votes previously obtained by the candidate.
12.   Transfer of votes
(1) If, after the first preferences have been counted and any surplus has been transferred, no candidate, or less than the number of candidates required to be elected, has obtained the quota –
(a) the candidate who at that time, has the least number of first preference votes transferred is to be excluded; and
(b) all the votes obtained by that candidate are to be transferred to the candidates next in the order of the electors' respective preferences in the same manner as provided by clause 4 .
(2) The votes obtained by an excluded candidate as first preferences are to be transferred first, and the transfer value of each of those votes is "1".
(3) The other votes of an excluded candidate are then to be dealt with in the order of the transfers in which, and at the transfer value at which, the candidate obtained them.
(4) Each of the transfers which takes place under subclause (2) or (3) is a separate transfer.
13.   Votes increased by transfer
(1) If the number of votes obtained by a candidate by a transfer is increased to a number which is equal to, or exceeds, the quota the candidate is to be elected.
(2) Notwithstanding that the candidate has reached the quota, the transfer is to be completed and all the votes to which the candidate is entitled from the transfer are to be transferred to the candidate, but no other votes are to be transferred.
(3) If the number of votes obtained by a candidate is increased by a transfer to a number of votes which is equal to, but does not exceed, the quota, all the ballot papers on which those votes are recorded are to be set aside as finally dealt with.
(4) If the number of votes obtained by a candidate is increased by a transfer to a number which exceeds the quota, the surplus is to be transferred to the candidates next in the order of the electors' respective preferences in the same manner as provided by clause 11 (4) , but that surplus is not to be dealt with until all the votes of the excluded candidate have been transferred.
(5) If there is a surplus, it is to be dealt with before any other candidate is excluded.
(6) The process of excluding the candidate who has polled the next lowest number of votes and transferring the vote to other candidates is to be repeated until all the candidates, except the number required to be elected, have been excluded and the unexcluded candidates who have not already been elected are then elected.
14.   Order of preference
In determining which candidate is next in the order of an elector's preference –
(a) any candidate who has been elected or excluded is not to be considered; and
(b) the order of the elector's preference is to be determined as if the names of those candidates had not been on the ballot paper.
15.   Exclusion of candidates
(1) If it is necessary to exclude a candidate, and 2 or more candidates have an equal number of votes, having at that time the least number of first preference votes transferred to them, whichever of those candidates was the lowest on the poll at the last count or transfer at which they had an unequal number of votes is excluded first.
(2) If the candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which candidate is to be excluded first by the drawing or casting of lots in the prescribed manner.
16.   Exhausted ballot paper
If, on a transfer, it is found that on a ballot paper there is no candidate opposite whose name a number is placed, other than a candidate whose name has already been elected or excluded, the ballot paper is to be set aside as exhausted.
SCHEDULE 8 - Recount to Fill a Casual Vacancy

Section 307

PART 1 - General
1.   Interpretation
In this Schedule –
completed ballot papers counted means –
(a) if, after the first preferences were counted at the relevant election, the number of first preferences recorded for the vacating councillor was equal to or exceeded the quota, all the ballot papers on which those first preferences were recorded; and
(b) in any other case, all the ballot papers counted for that councillor at the time of that councillor's election, including ballot papers relating to votes that were transferred tothe councillor;
consenting candidate means a candidate not elected at the relevant election who consents to be included in a recount for a vacancy;
consent period means the period within which a consent form is to be lodged under section 306 (5) ;
relevant election means the election last held to fill the office of the vacating councillor;
quota means the number of votes sufficient to elect a candidate;
vacating councillor means a councillor who is vacating the office of councillor.
PART 2 - Original Election Was For More Than One Councillor
2.   One consenting candidate
If there is only one consenting candidate, the Chief Electoral Officer is to –
(a) declare the candidate elected; and
(b) notify the Minister in writing of the election of the candidate.
3.   More than one consenting candidate
If there are 2 or more consenting candidates, the Chief Electoral Officer, within 7 days after the end of the consent period, is to ascertain in accordance with this Schedule which consenting candidate is to be elected.
4.   Transfer of votes
(1) If –
(a) a vacating councillor was, by virtue of clause 13 (6) of Schedule 7 , elected at the relevant election after the candidate who was lowest on the poll at that election had been excluded from the counting; and
(b) the votes obtained by the excluded candidate were not required to be transferred to the candidates next in the order of the electors' preferences –
so many of those votes as would have been transferred to that vacating councillor, if the votes of the excluded candidate had been transferred to the candidates next in the order of the electors' representative preferences, are taken to have been so transferred to, and to be obtained by, that vacating councillor and the completed ballot papers representing those votes are to be counted for that councillor.
(2) The ballot papers counted for the vacating councillor are to be examined, and all the votes obtained by the councillor are to be transferred to and counted for the consenting candidates first or next in the order of the electors' respective preferences.
(3) The votes obtained as first preferences by the vacating councillor at the relevant election are to be transferred to the next preferred candidate at the election with the transfer value of each of those votes determined in accordance with subclause (5) .
(4) Any other votes of the vacating councillor are then to be dealt with in the order of the transfers in which they were obtained and at the transfer value determined in accordance with subclause (6) .
(5) If the votes obtained as first preferences by the vacating councillor –
(a) were sufficient to elect the councillor, the transfer value of those votes is the fraction determined by dividing the number of votes sufficient to elect the councillor by the total number of votes obtained by the councillor; or
(b) were insufficient to elect the councillor, the transfer value of those votes is one.
(6) If the number of votes obtained by the vacating councillor at an individual count, other than the votes obtained as first preferences –
(a) were not sufficient to elect the councillor, the transfer value of the votes obtained on that count is that at which they were obtained by the councillor; or
(b) were sufficient to elect the councillor, the transfer value of the votes received at that count is that which would have been sufficient to elect the councillor immediately before that count.
(7) Each transfer under subclause (4) is a separate transfer.
5.   Counting of votes
(1) After the number of votes for each consenting candidate has been ascertained, the method of counting votes set out in Part 2 or 3 of Schedule 7 applies with the necessary modifications.
(2) The Chief Electoral Officer is to declare the consenting candidate who obtains an absolute majority of the votes within the meaning of that Schedule to be elected.
(3) As soon as practicable after declaring a consenting candidate to be elected, the Chief Electoral Officer is to notify the Minister in writing of the election of the candidate.
6.   Exclusion of candidate
(1) If it is necessary to exclude a consenting candidate, and 2 or more consenting candidates have an equal number of votes and are lowest on the poll, whichever of those candidates was lowest on the poll at the last count or transfer at which they had an unequal number of votes is excluded first.
(2) If the candidates had an equal number of votes at all preceding counts or transfers, the returning officer is to decide which consenting candidate is to be excluded first.
7.   Previous election under Schedule
If a vacating councillor was elected under the provisions of this Schedule, the Chief Electoral Officer is to –
(a) examine the ballot papers that at the relevant election were counted for the councillor in whose place the vacating councillor was elected (including votes transferred to the last-mentioned councillor); and
(b) ascertain which consenting candidate is to be elected in accordance with this Schedule.
8.   Order of preferences
To determine which consenting candidate is first or next in the order of the electors' preferences –
(a) the name of, and the first preferences recorded at the relevant election for, an excluded candidate who is a consenting candidate is not to be omitted from any completed ballot papers transferred to the vacating councillor, but is to be counted for that consenting candidate; and
(b) any candidates who were elected at the relevant election or who are not consenting candidates are to be disregarded and the order of the electors' preferences are to be determined as if the names of those candidates had not been included on the ballot papers.
9.   Ballot papers exhausted
A complete ballot paper is exhausted if there is no candidate next to whose name a number has been placed other than a candidate –
(a) who has already been elected; or
(b) who is not a consenting candidate.
PART 3 - Original ElectionWas For a Single Councillor
10.   Recounting of ballot papers
(1) The Chief Electoral Officer is to recount all the votes cast at the relevant election.
(2) In the recounting the votes cast for the vacating councillor are to be counted as votes cast for the consenting candidate shown as the elector's next preference on the ballot papers.
SCHEDULE 9 - Repeals

Section 350

Hobart Corporation Act 1963 (No. 81 of 1963)

Hobart Corporation Act 1976 (No. 39 of 1976)

Hobart Corporation Act 1977 (No. 26 of 1977)

Hobart Corporation Amendment Act 1990 (No. 10 of 1990)

Launceston Corporation Act 1963 (No. 82 of 1963)

Local Government Act 1962 (No. 67 of 1962)

Local Government Amendment (Administrative Amendments) Act 1983 (No. 91 of 1983)

Local Government Amendment (Building Regulations Board) Act 1985 (No. 80 of 1985)

Local Government Amendment (Crown Lands) Act 1989 (No. 1 of 1989)

Local Government Amendment (Development and Building) Act 1985 (No. 91 of 1985)

Local Government Amendment (Elections) Act 1992 (No. 56 of 1992)

Local Government Amendment (Health Surveyors) Act 1984 (No. 83 of 1984)

Local Government Amendment (Local Government Advisory Board) Act 1987 (No. 29 of 1987)

Local Government Amendment (Local Government Advisory Board) Amendment Act 1991 (No. 18 of 1991)

Local Government Amendment (Master Planning Authorities) Act 1984 (No. 46 of 1984)

Local Government Amendment (Municipal Association) Act 1990 (No. 51 of 1990)

Local Government Amendment (Municipal Caravan Parks and Camping Grounds) Act 1982 (No. 76 of 1982)

Local Government Amendment (Municipal Elections) Act 1991 (No. 32 of 1991)

Local Government Amendment (Planning and Development) Act 1990 (No. 50 of 1990)

Local Government Amendment (Planning Fees) Act 1990 (No. 36 of 1990)

Local Government Amendment (Rates and Charges) Act 1985 (No. 28 of 1985)

Local Government (City of Launceston Reorganization) Act 1985 (No. 29 of 1985)

Local Government (Municipality of Lyell) Act 1986 (No. 28 of 1986)

Local Government Amendment (Building and Plumbing) Act 1993 (No. 37 of 1993)