Local Government Amendment (Targeted Review) Act 2017


Tasmanian Crest
Local Government Amendment (Targeted Review) Act 2017

An Act to amend the Local Government Act 1993

[Royal Assent 22 November 2017]

Be it enacted by Her 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 Amendment (Targeted Review) Act 2017 .

2.   Commencement

(1)  Except as provided by subsection (2), the provisions of this Act commence on the day on which this Act receives the Royal Assent.
(2)  Part 3 commences on a day or days to be proclaimed.
PART 2 - Local Government Act 1993 Amended

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .

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The amendments effected by this Part have been incorporated into the authorised version of the Local Government Act 1993 .
PART 3 - Local Government Act 1993 Further Amended

43.   Principal Act

In this Part, the Local Government Act 1993 is referred to as the Principal Act.

44.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

[Commences: 1 August 2018

(a) by inserting the following paragraph after paragraph (e) in the definition of electoral advertising :
(f) on the internet;

]

[Commences: Never commenced

(b) by inserting the following definition after the definition of model code of conduct :
model financial statements means the model financial statements published, and provided to councils, under section 83A , as replaced from time to time;

]

[Commences: 1 August 2018

45.    Part 5A inserted

After section 56 of the Principal Act , the following Part is inserted:
PART 5A - Gifts and Donations

56A.   Councillor to notify of gifts and donations

(1)  A councillor who receives –
(a) a gift or donation prescribed by the regulations for the purposes of this section; or
(b) a gift or donation of a class prescribed by the regulations, for the purposes of this section –
must notify the general manager of that gift or donation.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A notice is to –
(a) be in writing; and
(b) contain the details prescribed by the regulations; and
(c) be provided to the general manager within the period prescribed by the regulations.

56B.   Gifts and donations register

(1)  The general manager is to keep a register of the gifts and donations referred to in section 56A(1) that have been received by councillors.
(2)  The register is to include the following information:
(a) the name of the councillor;
(b) a description of the gift or donation;
(c) any other information required by the regulations to be included.

]

[Commences: Never commenced

46.    Section 83A inserted

After section 83 of the Principal Act , the following section is inserted in Division 3:

83A.   Model financial statements

(1)  The Auditor-General is to provide to the Director model financial statements to be used by the councils.
(2)  From time to time, the Auditor-General may provide to the Director replacement model financial statements to be used by the councils that are to be substituted for the existing model financial statements.
(3)  On receipt of the model financial statements or replacement model financial statements, the Director –
(a) is to publish on the relevant website of the Department the model financial statements or replacement model financial statements for use by councils; and
(b) is to provide a copy of the model financial statements or replacement model financial statements to each council no later than the next occurring 30 June in preparation for use by the council in relation to its financial statements for the financial year ending on that 30 June.

]

[Commences: Never commenced

47.    Section 84 amended (Financial statements)

Section 84(2) of the Principal Act is amended as follows:
(a) by omitting paragraph (b) and substituting the following paragraphs:
(a) be in the form set out in the model financial statements provided under section 83A ; and
(b) contain the information required by those model financial statements; and
(b) by omitting paragraph (da) .

]

PART 4 - Miscellaneous

48.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.