Local Government Act 1993 (Tas)

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 In this Act, unless the contrary intention appears – absolute majority means – (a) if no councillors are suspended, more than half of the number of councillors to be elected to a council; or (b) if one or more councillors are suspended, more than half of the number of councillors to be elected to a council after subtracting the number of councillors who are suspended; Appeal Tribunal means the Tasmanian Civil and Administrative Tribunal; approved means approved by the Tasmanian Electoral Commission; assets, for the purpose of Parts 3 and 12A and section 226A , includes – (a) any real or personal property; and (b) any estates or interests in any real or personal property; and (c) any rights, obligations or liabilities; audit panel means the audit panel established under section 85 ; authorised person means a person authorised under section 20A ; ballot material means – (a) a ballot paper; and (b) instructions for the completion of the ballot paper and the manner in which the ballot paper is to be returned; and (c) the envelope or envelopes to be used for the return of the ballot paper; and (d) statements of candidates; Board means the Local Government Board established under section 210 ; 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 ; candidate means a person whose nomination for an election under Part 15 has been accepted under section 272 ; certificate of election means a certificate issued under section 304 ; chief executive officer means, in relation to a single authority or joint authority, the person responsible for the administration and operation of that authority; close associate means a person referred to in section 51 ; closing day means the day referred to in section 268A ; code of conduct means the code of conduct made by the Minister, and in force, under section 28R ; code of conduct complaint means a complaint made under section 28V and, where appropriate, includes a part of such a complaint; Code of Conduct Panel means the Code of Conduct Panel established under section 28K ; community means the community of a municipal area; competitive neutrality principles means the national competition policy competitive neutrality principles referred to in clause 3 of the Competition Principles Agreement made between the Commonwealth, the States and the Territories; controlling authority means an authority established under section 29 ; 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; declaration of a poll means a declaration under section 303 ; deputy mayor includes the Deputy Lord Mayor; Director means the Director of Local Government appointed under section 334 ; Director, MPES means the Director, Monetary Penalties Enforcement Service appointed under section 8 of the Monetary Penalties Enforcement Act 2005 ; dispute resolution process, in relation to a council, means the process of resolving a dispute that is performed in accordance with the dispute resolution policy adopted by the council in accordance with section 28JA ; election agent means a person authorised by the candidate to act as his or her agent in connection with the candidate's campaign for election; 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 advertising means any advertising, by any of the following means, that is directly or indirectly in respect of a campaign for election by a candidate or intending candidate: (a) any notice, sign or poster; (b) any pamphlet or handbill; (c) any "how-to-vote" card; (d) any print medium; (e) any broadcast by radio or television; (f) on the internet; electoral area means the municipal area or electoral district in which an election is to be held; Electoral Commissioner means the person holding that office under the Electoral Act 2004 ; electoral district means an electoral district referred to in section 17 ; electoral material means – (a) ballot papers; and (b) declarations under section 284 ; electoral officer means a person appointed as such under section 265 ; electoral officer in charge means an electoral officer appointed under section 265(2) to be in charge of an issuing place; electoral roll means a roll kept under section 258 ; Executive Officer means the Executive Officer appointed under section 28M ; 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 and, in Part 15 , includes a person nominated under section 253A ; GST law has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; initial assessor, in relation to a code of conduct complaint, means the person appointed under section 28ZA(1AA) to be the initial assessor for the complaint; intending candidate means a person who has publicly declared the intention to nominate for an election under Part 15 ; issuing place means a place appointed under section 263 ; investigating Panel, in respect of a code of conduct complaint, means the panel convened under section 28L to investigate and determine the complaint; joint authority means an authority established under section 30 ; legal practitioner means an Australian legal practitioner; list of electors means the list prepared under section 261 ; mayor includes the Lord Mayor; member means – (a) a member of a special committee or a controlling authority; and (b) a person representing a single authority council or a joint authority council on a single authority or a joint authority; and (c) a member of the board of management of a single authority or a joint authority; municipal area means an area referred to in section 16 and, in Part 15 , includes a proposed municipal area; nomination period means the period beginning at 9 a.m. on the 8th Monday immediately before the closing day and ending at noon on the 6th Monday immediately before the closing day; notice of election means the notice of election under section 269 ; ordinary election means an election under Part 15 that is not a by-election; participating council means a council that, together with one or more councils, establishes a joint authority; partner means a partner within the meaning of the Relationships Act 2003 ; performance improvement direction means a direction issued to a council or councillor under section 214M ; polling period means a period of at least 10 days, excluding any Saturday, Sunday or statutory holiday as defined in the Statutory Holidays Act 2000 , ending on closing day; prohibited conduct means – (a) discrimination, or prohibited conduct, within the meaning of the Anti-Discrimination Act 1998 that is not the subject to an exception or exemption under Part 5 of that Act; or (b) such other conduct, or behaviour, that is prescribed as prohibited conduct; proposed municipal area means a municipal area that is to come into existence as a result of an order under section 214E ; public land means public land as specified in section 177A(1) ; public office means – (a) in the case of a municipal area, the place at which a council carries on its administrative activities; or (b) in the case of a proposed municipal area, the place at which a council or councils of that proposed municipal area carry out their administrative activities; rateable land means land in respect of which rates are payable; rates notice means a notice referred to in section 122 ; regulations means the regulations made under this Act; 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; returning officer means a person appointed as such under section 264 ; review means a review carried out by the Board under Part 12A ; roll closure day means the day on which the electoral roll for an electoral area is closed under section 260 ; scrutineer means a person appointed as such under section 292 ; simple majority means the majority of councillors of a council present and able to vote at a meeting of the council or council committee; single authority means an authority established under section 30 ; single authority council means a council that establishes a single authority; special committee means a special committee established under section 24 ; Tasmanian Electoral Commission means the Tasmanian Electoral Commission established by section 6 of the Electoral Act 2004 ; vehicle means a vehicle within the meaning of the Traffic Act 1925 and a bicycle;