Local Government (General) Amendment Regulations 2018
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Local Government Act 1993 .
18 June 2018C. WARNER
Governor
By Her Excellency's Command,
PETER GUTWEIN
Minister for Local Government
These regulations may be cited as the Local Government (General) Amendment Regulations 2018 .
These regulations take effect on 1 August 2018.
In these regulations, the Local Government (General) Regulations 2015 are referred to as the Principal Regulations.
4. Regulation 21 amended (Posters and signs)
Regulation 21 of the Principal Regulations is amended by omitting subregulations (1) , (2) and (3) .
5. Regulation 22 amended (Advertising)
Regulation 22 of the Principal Regulations is amended as follows:(a) by inserting in subregulation (1) "electoral" after "purchase";(b) by omitting from subregulation (1) "on television or radio" and substituting "or space";(c) by omitting subregulations (2) , (3) , (4) and (5) ;(d) by inserting in subregulation (6) "electoral" after "in,".
6. Regulation 22A inserted
After regulation 22 of the Principal Regulations , the following regulation is inserted in Division 4:22A. Total expenditure for advertising
(1) For the purposes of section 278 of the Act, the total expenditure on electoral advertising by, or on behalf of, a candidate during the relevant period must not exceed the sum of –(a) if the relevant period commences during the financial year commencing on 1 July 2018, $8 000; or(b) if the relevant period commences during a subsequent financial year, the amount calculated for that financial year under subregulation (2).(2) For the purposes of subregulation (1)(b), the total expenditure for a subsequent financial year is calculated in accordance with the following formula and rounded off in accordance with subregulation (3):Where –A is the total expenditure for the relevant financial year being calculated;B is $8 000;C is the CPI figure for Hobart for the March quarter immediately preceding the relevant financial year in which the total expenditure is to apply;D is the CPI figure for Hobart for the March quarter 2018.(3) If the value of the total expenditure calculated in accordance with subregulation (2) is not a multiple of $500, the amount is to be rounded off to the nearest multiple of $500.(4) In this regulation –CPI figure for Hobart means the Consumer Price Index: All Groups Index Number for Hobart published by the Australian Statistician under the authority of the Census and Statistics Act 1905 of the Commonwealth.
7. Part 3A inserted
After regulation 29 of the Principal Regulations , the following Part is inserted:PART 3A - Gifts and DonationsFor the purposes of section 56A(1)(b) of the Act, the following classes of gift or donation are prescribed:(a) an item, service, loan of money, loan of property or any other benefit with a monetary value of $50 or more;(b) an item, service or other benefit that is part of a series of gifts or donations received by a councillor from the same donor, where the aggregate monetary value of the series of gifts or donations in a financial year is $50 or more.29B. Details to be contained in notice
For the purposes of section 56A(2)(b) of the Act, the following details are prescribed:(a) the name of the councillor who received the gift or donation;(b) a description of the gift or donation;(c) the name of the donor, if known;(d) the councillor’s relationship to the donor, if known;(e) the suburb or locality where the donor resides, if known;(f) the date on which the gift or donation was received;(g) the estimated monetary value of the gift or donation.29C. Timeframe for provision of notice
For the purposes of section 56A(2)(c) of the Act, the prescribed period is –(a) within 14 days of receiving a gift or donation; or(b) in the case of a gift or donation that was received by a councillor outside of Australia, within 14 days of the councillor returning to Australia.29D. Information to be included in register
For the purposes of section 56B(2)(c) of the Act, the register is to contain the following information:(a) the name of the donor of the gift or donation, if known;(b) the councillor’s relationship to the donor, if known;(c) the suburb or locality where the donor resides, if known;(d) the date on which the gift or donation was received;(e) the estimated monetary value of the gift or donation.
8. Schedule 2 substituted
Schedule 2 to the Principal Regulations is rescinded and the following Schedule is substituted:SCHEDULE 2 - Declaration of Office
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 27 June 2018
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Local Government (General) Regulations 2015 by –(a) prescribing certain matters relating to the notification, by councillors, of gifts and donations; and(b) amending requirements relating to electoral advertising; and(c) making other minor miscellaneous amendments.