Local Government Electoral (Implementing Belcarra) and Other Legislation Amendment Bill 2017 (Qld)

An Act to amend the City of Brisbane Act 2010, the Electoral Act 1992, the Local Government Act 2009 and the Local Government Electoral Act 2011 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Local Government Electoral (Implementing Belcarra) and Other Legislation Amendment Act 2017.

2 Commencement Parts 3 and 5 commence on a day to be fixed by proclamation.

Part 2 Amendment of City of Brisbane Act 2010

3 Act amended This part amends the City of Brisbane Act 2010.

4 Amendment of s 153 (Disqualification for certain offences) Section 153(5)(a), '174(5)'— omit, insert— 177C(2), 177E(2) or (5), 177H, 177I(1) or (2)

5 Omission of ss 174 and 175 Sections 174 and 175— omit.

6 Insertion of new ch 6, pt 2, div 5A Chapter 6, part 2— insert—

Division 5A Dealing with councillors' personal interests in council matters

177A Purpose of division The purpose of this division is to ensure the personal interests of councillors are dealt with in an accountable and transparent way that meets community expectations, if the interests relate to matters to be considered— (a) at a meeting of the council or any of its committees; or (b) by a council employee or contractor of the council authorised to deal with the matter.

177B Meaning of material personal interest (1) A councillor has a material personal interest in a matter if any of the following stand to gain a benefit, or suffer a loss, (either directly or indirectly) depending on the outcome of consideration of the matter— (a) the councillor; (b) a spouse of the councillor; (c) a parent, child or sibling of the councillor; (d) a person who is in a partnership with the councillor; (e) an employer, other than a government entity, of the councillor; (f) an entity, other than a government entity, of which the councillor is a member; (g) another entity prescribed by regulation. (2) However, a councillor does not have a material personal interest in the matter if the councillor has no greater personal interest in the matter than that of other persons in Brisbane. (3) Subsection (1)(c) only applies to a councillor if the councillor knows, or ought reasonably to know, that the councillor's parent, child or sibling stands to gain a benefit or suffer a loss.