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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 5 December 2019 to date (accessed 22 February 2020 at 19:41)
Schedule 8
Schedule 8 Savings, transitional and other provisions consequent on the enactment of other Acts
(Section 749)
Part 1 Preliminary
1   Regulations
(1)  The Governor may make regulations containing provisions of a savings or transitional nature consequent on the enactment of the following Acts—
Liquor Legislation Amendment Act 2008, to the extent that it amends this Act
any other Act that amends this Act
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 1A Effect of repeal of certain Acts
1A   Repeal of Acts does not affect operation of savings, transitional and other provisions
(1)  Despite the repeal of the Acts listed in Column 1 of the Table to this subclause, the provisions listed in Column 2 continue to have effect and are taken to have been transferred to this Act.
(2)  The provisions listed in Column 2 of the Table to subclause (1) are transferred provisions to which section 30A of the Interpretation Act 1987 applies.
Part 2 Provisions consequent on the enactment of the Local Government Legislation (Miscellaneous Amendments) Act 1994
2   Definitions
In this Part—
relevant commencement, in relation to a provision of the 1994 amending Act, means the day appointed under section 2 of that Act in relation to the commencement of that provision.
3   Public availability of council and committee minutes and Departmental representatives’ reports
The amendments to section 12 made by the 1994 amending Act apply to—
(a)  the minutes of meetings that occurred before the relevant commencement, and
(b)  Departmental representatives’ reports that were presented to a council before the relevant commencement,
in the same way as they apply to the minutes of meetings that occur, and to reports that are presented, after that commencement.
4   Selective tendering
Any contract that was entered into before the commencement of the 1994 amending Act is validated to the extent to which it would have been valid had the amendments to section 55 made by that Act then been in force.
5   Appeals with respect to applications for extension of approvals
Section 176, as amended by the 1994 amending Act, does not apply to an application for extension of an approval, or to an extension of an approval, made or granted before the relevant commencement.
6   Councils may retain “municipality” and “shire” as part of their corporate names
(1)  Despite section 221(1)—
(a)  the council of an area which, immediately before 1 July 1993, was a municipality may resolve that the corporate name of the council is to be “the Council of the Municipality of X” or “the X Municipal Council”, X being the name of the council’s area, and
(b)  the council of an area which, immediately before 1 July 1993, was a shire may resolve that the corporate name of the council is to be “the Council of the Shire of X” or “the X Shire Council”, X being the name of the council’s area,
and, in that event, the corporate name of the council is the name so resolved.
(2)  A resolution under subclause (1) may not be made after 31 December 1994, but may be revoked at any time.
(3)  A resolution under this clause takes effect when it is published in the Gazette.
7   Senior staff positions
The amendment to section 332 made by the 1994 amending Act does not affect the status, as senior staff positions, of positions that were determined to be senior staff positions, in accordance with the Principal Act as then in force, before the relevant commencement.
8   Complaints against committee members and council advisers
The amendments to section 482 made by the 1994 amending Act apply to complaints made before the relevant commencement in the same way as they apply to complaints made after that commencement.
9   General valuations furnished after 1 January 1994
A new general valuation furnished on or after 1 January 1994 and before 1 July 1995 is not to be used for the purpose of making or levying a rate before the year commencing on 1 July 1995.
10   Fees and charges prior to 1 July 1994
Section 612 does not apply to the determination by a council of an approved fee if the determination is made before 1 July 1994.
11   Orders by the Land and Environment Court
The amendment to section 678 made by the 1994 amending Act applies to proceedings commenced before the relevant commencement in the same way as it applies to proceedings commenced after that commencement.
12   Effect of amendment to regulations
The amendments made by the 1994 amending Act to the Local Government (Approvals) Regulation 1993 and the Public Health Regulation 1991 do not affect the future amendment or repeal of those Regulations.
Part 3 Provisions consequent on the enactment of the Statute Law Revision (Local Government) Act 1995
14   Continuing effect of repealed Acts
(1)  A council or county council may continue to do anything that it could have done under a repealed Act as if the Act had not been repealed.
(2)  A rate or charge levied or made under a repealed Act or under the power conferred by this clause may be recovered as if it had been levied or made under this Act.
15   Validation of registration of political parties
A political party registered by the Electoral Commissioner before the commencement of the amendment to section 320(3)(b) made by the Statute Law Revision (Local Government) Act 1995 is taken to have been, and always to have been, validly registered if it could have been registered had that provision as so amended been in force when it was registered.
Part 4 Provisions consequent on the enactment of the Local Government Amendment (Alcohol-free Zones) Act 1995
16   Existing alcohol-free zones
(1)  An alcohol-free zone established under Part 4 of Chapter 16 before its amendment by the Local Government Amendment (Alcohol-free Zones) Act 1995 is taken to have been established under Part 4, as so amended.
(2)  A council may, by resolution, extend the period of operation of such a zone for up to 3 years from the starting date for the zone’s operation last notified under Part 4 of Chapter 16.
(3)  The resolution is taken to be the resolution establishing the zone for the purposes of section 644C(3).
(4)  Sections 644, 644A, 644B and 644C(1) and (2) do not apply to a resolution under this clause or to an alcohol-free zone whose period of operation is extended under this clause.
(5)  The period of operation of an alcohol-free zone may be extended once only under this clause.
Part 5 Provisions consequent on enactment of Local Government Amendment Act 1996
17   Extension or renewal of accreditation
Section 123A extends to an accreditation granted under the Local Government Act 1919 or Division 5 of Part 1 of Chapter 7 before the commencement of that section.
18   Appeals concerning orders
Section 180, as amended by the Local Government Amendment Act 1996, extends to orders given before the commencement of the amendment.
19   Writing off of accrued interest
Section 567, as substituted by the Local Government Amendment Act 1996, extends to interest accrued before the date of substitution of that section.
20   Appeal on question of whether land is subject to a charge
Section 574(1), as substituted by the Local Government Amendment Act 1996, does not apply to a charge levied before the date of substitution of that subsection.
21   Proceedings for offences before the Land and Environment Court
Section 691(3) does not apply to proceedings commenced before the commencement of that subsection.
Part 6 Provisions consequent on enactment of Local Government Amendment Act 1997
22   Meaning of “amending Act”
In this Part, amending Act means the Local Government Amendment Act 1997.
23   Crown buildings
The amendments made to section 70 by Schedule 1[3]–[5] to the amending Act are taken to have commenced on 1 July 1993.
24   Duration of existing approvals
Section 103(5), as inserted by the amending Act, extends to an approval in force immediately before the commencement of that subsection.
25   Land exempt from rating
Section 496(2) and section 555(1)(b1) and (3), as inserted by the amending Act, do not apply to or in respect of a year commencing before 1 July 1997.
26   Catching up of income lost due to valuation reductions
Section 511A, as inserted by the amending Act, does not extend to an unrecovered amount (within the meaning of that section) for a rating year that commenced before 1 July 1996.
Part 7 Provisions consequent on enactment of Local Government Amendment Act 1998
27   Meaning of “amending Act”
In this Part, amending Act means the Local Government Amendment Act 1998.
28   Preparation and auditing of financial reports
Sections 413–416, as in force immediately before the amendments made to those sections by Schedule 1[4]–[9] to the amending Act, apply in respect of a financial year that ended before the commencement of those amendments (or, if those amendments are commenced on different days, before the commencement of the last of those amendments to be commenced).
29   Persons having pecuniary interests
Section 443(3), as amended by the amending Act, is taken to have commenced on 1 July 1993.
30   Disclosure of pecuniary interests when dealing with council matters
Section 459(1A), as inserted by the amending Act, is taken to have commenced on 1 July 1993.
31   Decision of Pecuniary Interest Tribunal
The provisions of section 482(1), (3) and (4), as in force immediately before the commencement of Schedule 1[18] to the amending Act, apply in relation to a contravention of Part 2 (Duties of disclosure) of Chapter 14 (Honesty and disclosure of interests) that occurred before the commencement of the amendments made by Schedule 1[18].
32   Remedy or restraint of breaches of this Act—the Minister, the Director-General and councils
Section 673(2), as inserted by the amending Act, does not apply in relation to any proceedings concerning an alleged contravention of Part 2 (Duties of disclosure) of Chapter 14 (Honesty and disclosure of interests) that were commenced before the commencement of Schedule 1[22] to the amending Act.
33   Remedy or restraint of breaches of this Act—other persons
Section 674(4), as inserted by the amending Act, does not apply in relation to any proceedings concerning an alleged contravention of Part 2 (Duties of disclosure) of Chapter 14 (Honesty and disclosure of interests) that were commenced before the commencement of Schedule 1[23] to the amending Act.
34   Sale of land for unpaid rates and charges
Section 713, as amended by the amending Act, is taken to have commenced on 18 July 1997.
Part 8 Provisions consequent on enactment of Darling Harbour Authority Amendment and Repeal Act 1998
35   Action taken by Darling Harbour Authority
Anything done by the Darling Harbour Authority under this Act, as applied to land within the Darling Harbour Development Area by the regulations referred to in section 59 of the Darling Harbour Authority Act 1984, is taken to have been done by the relevant council under this Act.
Part 9
36   (Repealed)
Part 10 Provisions consequent on enactment of Local Government Amendment (Meetings) Act 1998
37   Saving of right to access and inspect documents
Section 10E continues to apply to, and in respect of, the business papers for, and the minutes of, parts of meetings closed before the commencement of this clause.
Part 11 Provision consequent on enactment of Local Government Amendment (Ombudsman’s Recommendations) Act 1998
38   Application of section 434A
Section 434A does not apply to any Ombudsman’s report received by the Minister before the commencement of that section.
Part 12 Provisions consequent on enactment of Local Government Amendment (Community Land Management) Act 1998
39   Transitional application of section 30
The amendments made to section 30(1) and (2) by the Local Government Amendment (Community Land Management) Act 1998 do not apply in respect of a local environmental plan a draft of which was authorised for public exhibition by a certificate under section 65 of the Environmental Planning and Assessment Act 1979 issued before those amendments took effect.
40   Provisions made by plans of management applying to just one area of community land
Section 36(3A) extends to apply to a plan of management in force at its commencement, but so applies as to require compliance with its provisions within a period of 12 months after its commencement or within such longer period as the Minister may by order in writing allow.
41   Transitional application of section 36A
(1)  The provisions of subsection (4) of section 36A apply to plans of management—
(a)  that had been adopted before the commencement of that section, and
(b)  that applied to an area of community land, all or part of which consists of critical habitat within the meaning of that section,
but so apply as though the area or part became such habitat on the commencement of that section.
(2)  The provisions of subsection (5) of section 36A apply to plans of management—
(a)  that had been adopted before the commencement of that section, and
(b)  that applied to two or more areas of community land, all or part of one of which consists of critical habitat within the meaning of that section,
but so apply as though the area or part became such habitat on the commencement of that section.
42   Transitional application of section 36B
(1)  The provisions of subsection (5) of section 36B apply to plans of management—
(a)  that had been adopted before the commencement of that section, and
(b)  that applied to an area of community land, all or part of which is affected by a recovery plan or threat abatement plan within the meaning of that section,
but so apply as though the area or part first became so affected on the commencement of that section.
(2)  The provisions of subsection (6) of section 36B apply to plans of management—
(a)  that had been adopted before the commencement of that section, and
(b)  that applied to two or more areas of community land, all or part of one of which is affected by a recovery plan or threat abatement plan within the meaning of that section,
but so apply as though the area or part first became so affected on the commencement of that section.
43   Leases and licences
(1)  This clause applies to—
(a)  a lease, licence or other estate, granted by a council in respect of community land—
(i)  that was in existence on the date on which section 46 was repealed by the Local Government Amendment (Community Land Management) Act 1998, and
(ii)  that was granted for a purpose for which it could not lawfully have been granted if section 46, as inserted by the Local Government Amendment (Community Land Management) Act 1998, had been in force at the time of its grant, and
(b)  a lease, licence or other estate granted under a plan of management that ceases to have effect because of the operation of section 36A(5), 36B(6), 36C(5) or 36D(5), as inserted by the Local Government Amendment (Community Land Management) Act 1998.
(2)  A lease, licence or other estate to which this clause applies that was granted for a fixed term continues in force, subject to this Act, until the end of the term for which it was granted and may be renewed from time to time in accordance with any option of renewal afforded by its terms.
(3)  Unless sooner revoked, a licence to which this clause applies that was granted at the will of the council continues in force, subject to Division 2 of Part 2 of Chapter 6, until a date prescribed by the regulations.
44   Effect of certain environmental planning instruments on permissible uses
(1)  This clause applies where an environmental planning instrument contains a provision (the relevant land use provision), in force for the time being, that, immediately before the commencement of Part 2—
(a)  applied in relation to an area that has subsequently become (whether by a provision of Schedule 7 or otherwise) classified as community land, and
(b)  permitted the carrying out of development on the land (whether with or without development consent) for the purposes (or a specified class of the purposes) specified in Division 2 or 3 of Part 13 of the Local Government Act 1919.
(2)  Despite clause 4 of Schedule 7 and any other provision of this Act, and until the relevant land use provision is amended, by an environmental planning instrument, so as to remove the reference to the provisions of the Local Government Act 1919 referred to in subclause (1)(b), nothing in a plan of management under Part 2 operates to permit—
(a)  the carrying out of development on the land concerned, whether with or without development consent, for a purpose for which development was, immediately before the commencement of Part 2, prohibited by the relevant land use provision, or
(b)  the carrying out of development on any such land, without development consent, for a purpose for which development consent was, immediately before the commencement of Part 2, required by the relevant land use provision.
45   Buildings or structures under existing leases
Section 47B does not apply in respect of a lease granted before the commencement of that section.
46   Subleases of community land
Section 47C does not apply to—
(a)  a sublease granted before the commencement of that section, or
(b)  any sublease that may be granted pursuant to the exercise of an option in relation to the sublease if the option was granted before the commencement of that section.
47   Occupation of community land otherwise than by lease or licence
Section 47D does not, but only for a maximum period of 12 months from the commencement of that section, prohibit the exclusive occupation or exclusive use by any person of community land that was lawfully in existence or lawfully undertaken immediately before the commencement of that section.
Part 13 Provisions consequent on the enactment of the Local Government Legislation Amendment (Elections) Act 1998
48   Application of amendments
An amendment to this Act made by the Local Government Legislation Amendment (Elections) Act 1998 does not apply to or in respect of an election which has a closing date before the commencement of the amendment.
49   Proposals for boundary changes
(1)  Any action that has been commenced before the commencement of this clause under Division 2 of Part 1 of Chapter 9, being action in relation to the alteration of the boundaries of one or more areas, may be continued and completed under that Division as if the amending Act had not been enacted.
(2)  A proclamation may be made under section 218B as a consequence of action referred to in subclause (1), whether taken before or after the commencement of this clause, as if that action had been taken under Division 2B of Part 1 of Chapter 9.
(3)  In this clause, amending Act means the Local Government Amendment (Amalgamations and Boundary Changes) Act 1999.
Part 15 Provisions consequent on enactment of Strata Schemes (Leasehold Development) Amendment Act 1999
50   Changes to rating provisions
The amendments made to this Act by the Strata Schemes (Leasehold Development) Amendment Act 1999 do not apply in respect of any year or part of a year occurring before the commencement of those amendments and do not affect any liability for rates in respect of such a year or part of a year.
Part 16 General provisions consequent on enactment of Local Government Amendment Act 2000
51   Definition
In this Division—
amending Act means the Local Government Amendment Act 2000.
52   Elections
An amendment made to Part 6 of Chapter 10 by the amending Act does not apply to any election which has a closing date before the commencement of the amendment.
53   Returns disclosing interests of councillors and designated persons
Any return required to be lodged under section 449 within 3 months after the date of commencement of the amendments made to that section by the amending Act may be made—
(a)  in the form set out in Part 1 of Schedule 3, as in force immediately before its repeal, or
(b)  in the form prescribed by the regulations, as in force on the day the return is lodged.
54   Decision not to conduct proceedings
Section 469, as substituted by the amending Act, does not apply to proceedings that commenced before the commencement of the section.
55   Proceedings conducted without hearings
Section 470, as substituted by the amending Act, does not apply to proceedings that commenced before the commencement of the section.
56   Consequences of breach of disclosure provisions by employees
Section 482(2), as substituted by the amending Act, applies to findings made after the substitution of the subsection, whether those findings relate to proceedings commenced before or after the substitution of the subsection.
Part 17 Phasing-in of party registration requirements adopted by Local Government Amendment Act 2000
Note.
 Schedule 1[7] and [8] to the Local Government Amendment Act 2000 introduced new membership requirements for the registration of local government parties, with effect from 1 June 2002.
This Part sets out how those new registration requirements apply to—
(a)  parties that had applied to be registered before 1 June 2002 and had not had their applications determined, and
(b)  parties that were already registered immediately before 1 June 2002, and
(c)  parties that apply for registration during a phasing-in period (between 1 June 2002 and 1 June 2003) and who choose to be registered under the old registration requirements existing before the amendments.
This Part also provides for the application of the new requirement that a party that becomes registered after the commencement of the proposed amendments will not be eligible, until 12 months after it is first registered under the new requirements, to have its registered party name or abbreviation placed on ballot-papers or to be treated as a registered party in connection with the nomination of its candidates (see clause 61).
57   Definitions
In this Part—
existing registered party, means a party registered for the purposes of the Local Government Act 1993 immediately before 1 June 2002 (the commencement of the new registration requirements), and includes any party registered under the old registration requirements under clause 58 during the phasing-in period in pursuance of an application for registration made before 1 June 2002.
new registration requirements means the membership requirements for the qualification of a party as an eligible party for the purposes of registration under the Local Government Act 1993 in accordance with Part 4A of the Parliamentary Electorates and Elections Act 1912, as modified by section 320 of the Local Government Act 1993 as in force on and from 1 June 2002 (that is, after the commencement of the amendments to the way Part 4A is modified made by Schedule 1[7] and [8] to the Local Government Amendment Act 2000).
old registration requirements means the membership requirements for the qualification of a party as an eligible party in accordance with Part 4A of the Parliamentary Electorates and Elections Act 1912, as modified by section 320 of the Local Government Act 1993, as in force immediately before 1 June 2002.
phasing-in period means the period beginning on 1 June 2002 (the date on which the new registration requirements take effect) and ending at the end of 31 May 2003.
58   Applications made before 1 June 2002 but not determined
(1)  The new registration requirements do not apply to the determination of an application for registration of a party under the Local Government Act 1993 that is made before 1 June 2002 but not determined before that date.
(2)  However, the applicant is to be given an opportunity to make a request that the new registration requirements should apply, and to amend the application, before the application is determined. If such a request is made, the new registration requirements apply to the application.
(3)  The new registration requirements apply to the application if it is not determined (under either the old registration requirements or the new registration requirements) before 1 June 2003, but the applicant is to be given a further opportunity to amend the application before it is determined in accordance with the new registration requirements.
59   Applications made by new parties during phasing-in period may request registration under old registration requirements
(1)  An application for registration of a party under the Local Government Act 1993 that is made during the phasing-in period may include a request that the application should be dealt with in accordance with the old registration requirements.
(2)  If such a request is made in an application, the Electoral Commissioner must deal with the application in accordance with the old registration requirements (that is, as if the new registration requirements had not been enacted).
(3)  If an application for registration of a party made during the phasing-in period does not include a request that the application be dealt with under the old registration requirements, the application must be dealt with in accordance with the new registration requirements.
60   Transitional and other arrangements for existing local government registered parties and local government parties registered under the old registration requirements during the phasing-in period
(1)  This clause applies to—
(a)  existing registered parties, and
(b)  parties registered under the old registration requirements during the phasing-in period that are not existing registered parties.
(2)  The new registration requirements do not, until 21 March 2004, apply to a party to which this clause applies.
(3)  A party to which this clause applies is not entitled to continue to be registered, on and after 21 March 2004, unless—
(a)  the registered officer of the party has made an application for continued registration of the party before 1 June 2003, and
(b)  the Electoral Commissioner is satisfied that the party is an eligible local government party under the new registration requirements and approves the application.
This subclause does not affect the operation of subclauses (6)–(8).
(4)  An application for continued registration of a party to which this clause applies is to be made to the Electoral Commissioner (in the form and manner approved by the Electoral Commissioner) and must set out the particulars, and be accompanied by the documents, that are referred to in section 66D(2)(g) and (g1) of the Parliamentary Electorates and Elections Act 1912 and any additional particulars and documents that are required by the approved form.
(5)  Sections 66DA, 66E(2), 66HA(2) and (3), 66J(2) and 66K of the Parliamentary Electorates and Elections Act 1912 apply (subject to the regulations under that Act) to an application for continued registration under this clause in the same way as they apply to an application for registration.
(6)  The Electoral Commissioner is to cancel the registration of a party to which this clause applies that is not entitled to continue to be registered by virtue of this clause. Section 66I(3) of the Parliamentary Electorates and Elections Act 1912 applies to any such cancellation of registration.
(7)  Before the Electoral Commissioner cancels the registration of any such party, the Electoral Commissioner is required to give the registered officer of the party notice of the proposed cancellation and the date of and reasons for the proposed cancellation. If the party has made an application before 1 June 2003, the Electoral Commissioner may accept a modified application for continued registration from the party and may defer a decision on the proposed cancellation until the modified application is dealt with.
(8)  If a party to which this clause applies made an application for continued registration in accordance with this clause before 1 June 2003 and—
(a)  the Electoral Commissioner did not give the registered officer of the party a notice under subclause (7) before 1 September 2003, or
(b)  the Electoral Commissioner gave the registered officer of the party a notice under subclause (7) before 1 September 2003, but the application, or any modified application, had not been determined by the Electoral Commissioner on or before 1 November 2003,
the Electoral Commissioner is not entitled to cancel the registration of the party before 28 March 2004.
(9)  The returning officer must not accept an application from a party to which this clause applies in relation to any election to be held on or after 27 March 2004 proposing the name of a candidate for nomination, proposing that the registered name of the party, or the abbreviation of the name of the party, be printed on ballot papers or proposing the registration of any electoral material if the party—
(a)  had not made an application for continued registration in accordance with this clause before 1 June 2003, or
(b)  had been given notice of proposed cancellation under subclause (7) before 1 September 2003 and had not made a modified application before 1 November 2003, or
(c)  had made a modified application that was rejected by the Electoral Commissioner on or before 1 November 2003.
(10)  In the case of a party to which this clause applies, a return is not required to be furnished under section 66HA(1) if the return would otherwise be required to be furnished in 2003 or 2004.
(11)  If a form is not prescribed for the time being by the regulations under the Parliamentary Electorates and Elections Act 1912 for the purposes of section 66D(2)(g1) or 66HA(1) of that Act, the relevant form is to be a form approved by the Electoral Commissioner.
(12)  Section 66FA(1) and (3) of the Parliamentary Electorates and Elections Act 1912 does not apply to an existing registered party while it remains a registered party.
61   New parties must be registered by 27 February 2003 to be eligible to nominate for elections held on 27 March 2004
Despite section 320 of this Act, section 66FA(1) and (3) of the Parliamentary Electorates and Elections Act 1912
(a)  does not apply to parties registered under this Act during the phasing-in period (whether under the old registration requirements or the new registration requirements) in relation to the nomination of candidates, party endorsement on ballot papers or registration of electoral material in respect of any election on or before 20 March 2004, and
(b)  applies to parties registered under this Act during the phasing-in period (other than existing registered parties) as if the reference to the registration of a party is a reference to the registration of the party (for the first time) under the new registration requirements.
63   Order no 5 (c) under section 124
(1)  Any order of the kind referred to in paragraph (c) of item 5 of the Table to section 124—
(a)  that, immediately before the commencement of this clause, was in force, or
(b)  that arises from anything continued or completed as referred to in subclause (2),
in relation to a building or temporary structure used as a place of public entertainment continues to have effect, and may be enforced, as if the amending Act had not been enacted.
(2)  Anything done under this Act in connection with the making of an order referred to in subclause (1) may be continued and completed as if the amending Act had not been enacted.
Part 19 Provision consequent on enactment of Local Government Amendment (Graffiti) Act 2002
64   Register of graffiti removal work
(1)  In this clause, amending Act means the Local Government Amendment (Graffiti) Act 2002.
(2)  A register of graffiti removal work kept in accordance with section 67A of the Act as in force immediately before the commencement of the amending Act is taken to be a register of graffiti removal work kept in accordance with section 67C of the Act as in force after that commencement.
Part 20
65  (Repealed)
Part 21 Provisions consequent on enactment of Local Government Amendment (Miscellaneous) Act 2002
66   No compensation for transfer of ownership of water supply, sewerage and stormwater drainage works
No compensation is payable to any person as a result of the operation of section 59A.
67   Renewal of approvals relating to operation of sewage management systems
Section 107A extends to an approval to operate a system of sewerage management that was granted or renewed before the commencement of that section.
68   Annual fees to be withheld
Section 254A(2) extends to an absence of a councillor from ordinary meetings of the council that commenced before the commencement of that subsection.
Part 22 Provision consequent on enactment of Statute Law (Miscellaneous Provisions) Act (No 2) 2002
69   Preparation of general purpose financial report
Until such time as a publication issued by the Australian Accounting Standards Board supersedes a particular publication that was 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) under the title Australian Accounting Standards, section 413(3)(a) is to be construed as if it referred to the latter publication rather than to the publication issued by the Australian Accounting Standards Board.
Part 23 Provisions consequent on the enactment of the Local Government Amendment (Elections) Act 2003
70   Interpretation
In this Part, if the ordinary election proposed to be held on Saturday 27 March 2004 is, pursuant to an order under section 288, held on a subsequent Saturday, a reference to Saturday 27 March 2004 is taken to be a reference to the subsequent Saturday.
71   Term of office—mayors and deputy mayors
(1)  This clause applies to—
(a)  a mayor, and
(b)  a deputy mayor who, under section 231(2), is elected for the mayoral term,
who holds office immediately before Saturday 13 September 2003.
(2)  In relation to a person to whom this clause applies—
(a)  the person’s term of office is extended to the day on which the mayor’s successor is declared to be elected to the office of mayor following the election to be held on Saturday 27 March 2004, and
(b)  the person’s office does not become vacant until the expiration of the term, as extended by paragraph (a), unless a casual vacancy occurs in the person’s office on or after Saturday 13 September 2003 and before the day referred to in paragraph (a).
72   Term of office—councillors, chairpersons of county councils and deputy chairpersons of county councils
(1)  This clause applies to—
(a)  a councillor, and
(b)  the chairperson of a county council, and
(c)  a deputy chairperson of a county council,
who holds office immediately before Saturday 13 September 2003.
(2)  In relation to a person to whom this clause applies—
(a)  the person’s term of office is extended until Saturday 27 March 2004, and
(b)  the person’s office does not become vacant until Saturday 27 March 2004, unless a casual vacancy occurs in the office on or after Saturday 13 September 2003 and before Saturday 27 March 2004.
73   Reduction in number of councillors—Hornsby Shire Council
(1)  Hornsby Shire Council may, at any time before 31 December 2003, resolve to make an application to the Minister for approval to decrease the number of councillors who would otherwise be required to be elected at the next ordinary election from 11 to 10.
(2)  Hornsby Shire Council must give not less than 21 days public notice of its proposed resolution.
(3)  After passing the resolution, Hornsby Shire Council must forward to the Minister a copy of the resolution, a summary of any submissions received by it and its comments concerning those submissions.
(4)  The Minister may approve the application without amendment or reject the application.
(5)  If the Minister approves the application, the number of councillors of the Hornsby Shire Council is reduced to 10 with effect on and from the day appointed for the next ordinary election of councillors after the application is approved.
(6)  This clause has effect despite sections 16 and 224.
74   Amalgamation of areas
Nothing in this Part affects Division 2C of Part 1 of Chapter 9.
Part 24 Provisions consequent on enactment of Local Government Amendment (Council and Employee Security) Act 2004
75   Meaning of “amending Act”
In this Part, amending Act means the Local Government Amendment (Council and Employee Security) Act 2004.
76   Postponement of elections
(1)  Without affecting the generality of Part 6A of Chapter 10 as inserted by Schedule 2 to the amending Act—
(a)  an order may be published under section 318B in relation to a specified council while the election requirements of this Act are in operation with respect to an election for the council, and
(b)  the order is effective to postpone those requirements with respect to the election,
even though that Schedule commenced while those requirements were in operation with respect to the election.
(2)  Subject to subclause (1)—
(a)  nothing in Schedule 2 to the amending Act affects anything done or omitted to be done under Division 2C of Part 1 of Chapter 9 before the commencement of that Schedule, and
(b)  any order in force under Division 2C of Part 1 of Chapter 9 immediately before the commencement of that Schedule continues in force and may be dealt with in accordance with that Division as if that Schedule had not been enacted, and
(c)  any election to be held in accordance with Division 2C of Part 1 of Chapter 9 as in force immediately before the commencement of that Schedule is to be held as if that Schedule had not been enacted.
(3)  In this clause, election requirements of this Act has the meaning given by section 318A.
76A   Term of office—mayors elected by councillors after elections held on or after Saturday 27 March 2004 but before September 2004
(1)  This clause applies to a mayor elected by councillors at the first election for mayor after an election of councillors held on or after Saturday 27 March 2004 but before September 2004.
(2)  Despite sections 230 and 290—
(a)  the election of a successor of a mayor to which this clause applies is to be held during the month of September 2005, and
(b)  the term of office of a mayor to which this clause applies is extended to the day on which that mayor’s successor is declared to be elected to the office of mayor.
77   Employment protection
(1)  Part 6 of Chapter 11 as amended by Schedule 3 to the amending Act extends—
(a)  in relation to an area change that occurred before the date of assent to the amending Act but on or after 1 January 2004, and
(b)  without limiting paragraph (a), to the staff of councils affected by such an area change.
(2)  However, the enactment of Schedule 3 to the amending Act does not invalidate or otherwise affect an appointment to a position within the organisational structure of the council that was made on or after 1 January 2004 and before the date of assent to that Act.
(3)  Sections 354G and 354H as in force immediately before the commencement of Schedule 3 to the amending Act continue to apply in relation to an area change that occurred before 1 January 2004 as if that Schedule had not been enacted.
(4)  In this clause, area change means—
(a)  the constitution of one or more areas, or
(b)  an amalgamation of areas, or
(c)  an alteration of the boundaries of one or more areas,
by or under a proclamation under Chapter 9.
78   Maintenance of staff numbers in rural centres
Section 218CA as inserted by Schedule 4[1] to the amending Act extends—
(a)  in relation to an amalgamation of areas or an alteration of the boundaries of areas that occurred before the date of assent to the amending Act but on or after 1 January 2004, and
(b)  without limiting paragraph (a), to staff of councils affected by such an amalgamation or alteration.
Part 25 Provisions consequent on enactment of Local Government Amendment (Discipline) Act 2004
79   Meaning of “amending Act”
In this Part, amending Act means the Local Government Amendment (Discipline) Act 2004.
80   Surcharging
The amendment made to section 435(2) by the amending Act applies only to alleged negligence or misconduct occurring or committed after the commencement of the amendment.
81   Local Government Pecuniary Interest and Disciplinary Tribunal
On and from the commencement of the amendment made to section 487 by the amending Act—
(a)  the Local Government Pecuniary Interest Tribunal established under section 487 immediately before that commencement continues in existence and is to be known as the Local Government Pecuniary Interest and Disciplinary Tribunal, and
(b)  the person holding office as the Local Government Pecuniary Interest Tribunal immediately before that commencement continues in office, subject to Schedule 4, as the Local Government Pecuniary Interest and Disciplinary Tribunal for the balance of the term of office for which he or she was appointed, and
(c)  a person holding office as the deputy of the member immediately before that commencement continues in office, subject to Schedule 4, on the same terms and conditions as those applicable immediately before that commencement, and
(d)  any matters or proceedings pending before the Local Government Pecuniary Interest Tribunal immediately before that commencement are not affected by the enactment or commencement of the amending Act and are to continue to be dealt with by the Local Government Pecuniary Interest and Disciplinary Tribunal, and
(e)  a reference in any other Act, in any instrument made under an Act or in any other document to the Local Government Pecuniary Interest Tribunal is to be read as a reference to the Local Government Pecuniary Interest and Disciplinary Tribunal.
82   Misbehaviour
Division 3 of Part 1 of Chapter 14, as inserted by the amending Act, applies to misbehaviour occurring after but not before the earlier of the commencement of that Division or the commencement of the first provisions of that Division to commence.
83   Definition
In this Part, 2005 amending Act means the Local Government and Valuation of Land Amendment (Water Rights) Act 2005.
84   Maximum rate increases for farmland during first 5 years
(1)  This clause applies to ordinary rates levied for the year commencing 1 July 2005 or any of the next 4 years following the commencement of the 2005 amending Act.
(2)  Subject to the provisions of any proclamation in force under section 213 or 218C, the amount that may be levied as an ordinary rate for any parcel of land in the category “farmland”, or any sub-category of that category, must not be more than 20 per cent above the amount levied as an ordinary rate for that parcel for the previous year.
Part 27 Provisions consequent on enactment of Local Government Amendment (Miscellaneous) Act 2006
85   Definition
In this Part—
86   Council polls and constitutional referendums
Section 20, as amended by the 2006 amending Act, extends to any council poll or constitutional referendum initiated before that section was so amended.
87   Leave of absence
Section 234, as amended by the 2006 amending Act, extends to any leave of absence granted before that section was so amended.
Part 28 Provisions consequent on enactment of Local Government Amendment Act 2007
88   Definition
In this Part—
amending Act means the Local Government Amendment Act 2007.
89   Validation provision
Anything done or omitted to be done by a council that would have been validly done or omitted to be done had section 495A, as inserted by the amending Act, been in force when the thing was done or omitted to be done is validated.
90   Existing public-private partnerships
The substitution of the definition of public-private partnership in section 400B(1) by the amending Act does not affect the operation of a public-private partnership entered into before the commencement of that substitution.
Part 29 Provisions consequent on enactment of Local Government Amendment (Election Date) Act 2008
91   Effective date of party registration for the purposes of September 2008 elections
(1)  This clause applies in relation to the ordinary elections of councillors to be held in 2008 and any other concurrent elections, constitutional referendums or council polls to be held under this Act.
(2)  Section 66FA of the Parliamentary Electorates and Elections Act 1912, as applied by section 320 of this Act, does not apply to a political party that became registered under Part 7 of Chapter 10 on or before 27 August 2007.
Note.
 Section 66FA of the Parliamentary Electorates and Elections Act 1912 (which applies to parties registered under that Act and is applied, with modifications, to parties registered under the Local Government Act 1993) provides that the registration of a party does not become effective until the first anniversary of its registration for the purposes of party endorsement on ballot-papers, the nomination of candidates by a party, and the registration of electoral material by a party.
Part 30 Provisions consequent on enactment of Local Government Amendment (Legal Status) Act 2008
92   New legal status of existing councils
(1)  The following provisions apply to a council constituted as a body corporate immediately before the commencement of the 2008 Act—
(a)  the council ceases to be a body corporate on that commencement and becomes instead a body politic of the State as provided by section 220 or 388 (as substituted by the 2008 Act),
(b)  the council is taken for all purposes (including the rules of private international law) to be a continuation of, and the same legal entity as, the council as it existed before the commencement of the 2008 Act (except that the council is no longer a body corporate and is instead a body politic of the State).
(2)  The 2008 Act (this clause in particular) does not—
(a)  affect existing property, rights or obligations of a council, or
(b)  render defective any legal proceedings by or against a council, or
(c)  negate any decision made by a council, or
(d)  place a council in breach of contract or otherwise make it guilty of a civil wrong, or
(e)  make a council in breach of any instrument, including, for example, an instrument prohibiting, restricting or regulating the assignment or transfer of any right or liability, or
(f)  fulfil a condition allowing a person to terminate an instrument or liability or modify the operation or effect of an instrument or liability, or requiring any amount to be paid before its stated maturity, or
(g)  release a surety or other obligee, in whole or part, from an obligation.
(3)  In this clause—
council includes county council.
93   Existing appointments
Section 351(2), as substituted by the Local Government Amendment (Legal Status) Act 2008, extends to a person holding a position to which the person was appointed temporarily before that substitution.
Part 31 Provisions consequent on enactment of Local Government Amendment (Planning and Reporting) Act 2009
94   Definitions
In this Part—
existing annual report provisions means section 428 as in force immediately before the substitution of that section by the 2009 amending Act.
existing management plan provisions means the provisions of Part 2 of Chapter 13 as in force immediately before the substitution of that Part by the 2009 amending Act.
new annual report provisions means sections 428 and 428A as substituted and inserted by the 2009 amending Act.
new strategic planning provisions means the provisions of Part 2 of Chapter 13 as substituted by the 2009 amending Act.
95   Phasing in of new strategic planning provisions
(1)  A council must comply with the new strategic planning provisions in accordance with the following timetable—
(a)  a council in group 1 must endorse a community strategic plan and adopt a resourcing strategy, delivery program and first operational plan by 30 June 2010,
(b)  a council in group 2 must endorse a community strategic plan and adopt a resourcing strategy, delivery program and first operational plan by 30 June 2011,
(c)  a council in group 3 must endorse a community strategic plan and adopt a resourcing strategy, delivery program and first operational plan by 30 June 2012 or a later date determined by the Minister under subclause (3).
(2)  The Minister may by order published in the Gazette place a council in group 1, 2 or 3 for the purposes of this clause.
(3)  The Minister may by order published in the Gazette determine a later date for the purposes of subclause (1)(c).
96   Continued operation of existing annual report and management plan provisions
(1)  The existing annual report provisions continue to apply to a council in respect of any year before the first year covered by a delivery program of the council. The new annual report provisions do not apply to a council in respect of any year that the existing annual report provisions continue to apply in respect of.
(2)  The existing management plan provisions continue to apply to a council until the council has endorsed a community strategic plan and adopted a resourcing strategy, delivery program and first operational plan in compliance with the new strategic planning provisions.
(3)  The existing management plan provisions (as continued by this clause) do not require a council to prepare a draft management plan (or adopt a management plan) for any year that is covered by a delivery program adopted (or to be adopted) by the council under the new strategic planning provisions.
(4)  When the existing annual report provisions or the existing management plan provisions continue to apply to a council under this clause, those provisions apply as if the amendments made by the 2009 amending Act to the other provisions of this Act had not been made.
Part 32 Provisions consequent on enactment of Local Government Amendment (General Rate Exemptions) Act 2010
97   Partial exemptions for certain land belonging to a religious body, public benevolent institution or charity
(1)  A part of a parcel of land that belongs to a religious body and is subject to an existing lease that does not provide for any rates payable on that part to be paid by the lessee is taken, for the purposes of section 555, to be land occupied and used in a manner referred to in section 555(1)(e), but only if some other part of the parcel is actually occupied and used by the religious body.
(2)  A part of a parcel of land that belongs to a public benevolent institution or public charity and is subject to an existing lease that does not provide for any rates (other than water supply special rates and sewerage special rates) payable on that part to be paid by the lessee is taken, for the purposes of section 556, to be land used or occupied by the institution or charity for its own purposes, but only if some other part of the parcel is actually used or occupied by the institution or charity for its own purposes.
(3)  In this clause—
existing lease means a lease entered into before the commencement of the amending Act.
98   Effect of environmental upgrade agreement on existing leases
(1)  A term of a lease entered into before the commencement of section 54N, as inserted by the Local Government Amendment (Environmental Upgrade Agreements) Act 2010, that requires a lessee to pay to the lessor any charge payable by the lessor to a council under Chapter 15 is taken to also require the lessee to pay to the lessor a contribution towards any environmental upgrade charge payable under any environmental upgrade agreement that relates to the premises that are the subject of the lease.
(2)  Section 54N applies in respect of the contribution.
(3)  The contribution is to be paid on the date or dates on which a charge under Chapter 15 is payable or as otherwise agreed by the parties to the lease.
(4)  This clause does not prevent the parties to a lease agreeing to a variation of the term provided for by this clause, or agreeing that the term does not apply.
99   References to Residential Tenancies Act 2010
A reference in Part 2A of Chapter 6, as inserted by the Local Government Amendment (Environmental Upgrade Agreements) Act 2010
(a)  to the Residential Tenancies Act 2010 includes a reference to the Residential Tenancies Act 1987, and
(b)  to section 40 of the Residential Tenancies Act 2010 includes a reference to section 19 of the Residential Tenancies Act 1987.
Part 34 Provisions consequent on enactment of Local Government Amendment (Elections) Act 2011
100   Definition
In this Part, amending Act means the Local Government Amendment (Elections) Act 2011.
101   Dispensing with by-elections
Section 294, as amended by the amending Act, extends to a casual vacancy occurring before the commencement of that Act.
102   Council may retain Electoral Commissioner to administer elections, polls and referendums until end of 2012 ordinary election
(1)  Despite section 296, a council may resolve, before 31 October 2011 (or such later date as may be prescribed by the regulations), that the Electoral Commissioner is to administer its elections (including the 2012 ordinary election for councillors), council polls and constitutional referendums.
(2)  The council must, as soon as possible, notify the following persons of the making of such a resolution—
(a)  the Electoral Commissioner,
(b)  the Director-General.
(3)  The Electoral Commissioner is to administer all the elections, council polls and constitutional referendums of a council that has made such a resolution until the conclusion of the 2012 ordinary election for councillors.
(4)  Expenses incurred by the Electoral Commissioner, returning officer, substitute returning officer and electoral officials in connection with any such election, council poll or constitutional referendum are to be met by the council for which it is conducted and are recoverable from the council as a debt owed to the Electoral Commissioner as the holder of that office.
(5)  In this clause, election does not include an election of the mayor or a deputy mayor by the councillors.
102A   (Repealed)
Part 35 Provisions consequent on enactment of Local Government Amendment (Conduct) Act 2012
103   Definition
In this Part, amending Act means the Local Government Amendment (Conduct) Act 2012.
104   Application of amendments
(1)  Division 3 of Part 1 of Chapter 14, as substituted by the amending Act, (the new Division) extends to misconduct that occurred before the commencement of the new Division if at the time that it occurred it was misbehaviour under Division 3 as in force before that substitution.
(2)  However, if the Director-General or the Tribunal decides to take disciplinary action or to impose a penalty in respect of misconduct that occurred before the commencement of the new Division, the disciplinary action or penalty must be a type of disciplinary action or penalty that could have been taken or imposed under this Act at the time the misconduct occurred.
(3)  An investigation into an allegation of misbehaviour by a councillor that was validly initiated but not finalised before the commencement of the new Division (an ongoing investigation) is taken to have been validly initiated under the new Division. Accordingly, the new Division applies to the ongoing investigation.
(4)  The amendments made to Part 3 of Chapter 14 by the amending Act do not apply to proceedings that were referred to the Tribunal or that were commenced in the Tribunal before the commencement of those amendments. Such proceedings are to be dealt with as if the amendments had not been made.
(5)  Section 440I(3) as inserted by the amending Act extends to incidents of misconduct by a councillor and disciplinary action taken against the councillor that occurred before the commencement of that subsection.
(6)  Sections 482(5) and 482A(3) as inserted by the amending Act extend to complaints proved against a person, incidents of misconduct by a councillor and any action taken against a councillor or other person before the commencement of those subsections.
105   Authorised investigators
(1)  A member of staff of the Department who is authorised to conduct an investigation under section 440J(2), immediately before its repeal by the amending Act, is taken, on that repeal, to have been delegated the functions of the Director-General with respect to investigations under section 440H.
(2)  Nothing in this clause prevents the Director-General from revoking or amending the delegation.
106   References to Minister for Primary Industries in sections 57–66
(1)  A reference to the Minister for Primary Industries in sections 57–66, as amended by the amending Act, is to be construed in the same way as a reference to the Minister for Land and Water Conservation in those sections was required to be construed, immediately before 1 March 2013, as a result of any administrative changes order that had effect before those sections were amended by the amending Act.
(2)  This clause is taken to have commenced on 1 March 2013.
(3)  This clause does not affect the operation of any administrative changes order made after 1 March 2013.
(4)  In this clause—
administrative changes order means an order under Part 4.2 of Chapter 4 of the Public Sector Employment and Management Act 2002.
Part 36 Provisions consequent on enactment of Local Government Amendment (Conduct of Elections) Act 2013
107   Existing arrangements for elections to be administered by Electoral Commissioner
(1)  A contract or arrangement with the Electoral Commissioner in force under section 296 immediately before the commencement of this clause is terminated as follows—
(a)  the contract or arrangement is terminated on the commencement of this clause unless paragraph (b) applies,
(b)  if an election is pending under the contract or arrangement on the commencement of this clause, the contract or arrangement is terminated on the conclusion of that election.
(2)  An election is pending under a contract or arrangement if the contract or arrangement provides for the Electoral Commissioner to administer the election and the Electoral Commissioner has, before the commencement of this clause, commenced preparations for the administration of the election by the Electoral Commissioner.
(3)  The termination of a contract or arrangement by this clause does not affect any liability incurred under the contract or arrangement before the contract or arrangement was terminated.
Part 37 Provisions consequent on enactment of Local Government Amendment (Early Intervention) Act 2013
108   Definition
In this Part—
109   Investigations
(1)  Any investigation the Director-General authorised a person to conduct under section 430, before its substitution by the amending Act, that has not been completed, is taken on that substitution to be an investigation by the Director-General under section 430.
(2)  A Departmental representative authorised under section 430, before its substitution by the amending Act, to investigate any aspect of a council or of its work and activities and whose authority is in force immediately before that substitution is taken to have been delegated—
(a)  the functions of the Director-General under sections 431 and 432 in connection with the investigation, and
(b)  the functions of the Director-General under Division 2 of Part 5 of Chapter 13 (Surcharging).
(3)  The delegation may be varied or revoked by the Director-General.
110   Public inquiries
(1)  The provisions of sections 255(1A) and 438ZC, as inserted by the amending Act, extend to a public inquiry under section 740 held or commenced before those provisions commenced.
(2)  Section 740, as in force before its repeal by the amending Act, continues to apply in respect of any inquiry under that section that commenced before that repeal.
111   Definition
In this Part—
112   Disqualifications from holding civic office
The amendment made to section 275 of this Act by the amending Act—
(a)  does not apply to disqualify a person holding any civic office the person held immediately before the commencement of the amending Act, and
(b)  subject to paragraph (a), extends to offences committed before the commencement of the amending Act.
113   Supreme Court orders regarding monetary benefits from non-disclosure
Section 490C, as inserted by the amending Act, does not apply in relation to a contravention of Part 2 of Chapter 14 that occurred before the commencement of the amending Act.
Part 39 Provisions consequent on enactment of Local Government Amendment (Governance and Planning) Act 2016
114   Definitions
In this Part—
amalgamation day means the beginning of the day on which a new council was constituted.
new council means the council of an area constituted on or after 12 May 2016 and before the commencement of the amendments made to Part 3 of Chapter 13 by the amending Act.
115   Periods for abolishing wards and changing councillor numbers or meeting times
(1)  This clause applies to a council for which an ordinary election is held within 12 months after the commencement of section 224A(8) or 365A (as inserted by the amending Act).
(2)  A requirement in any of those provisions that a council do a thing not later than 12 months before the next ordinary election after the commencement of the provision is to be read as a requirement that the thing be done not later than 12 months before the second ordinary election of councillors after that commencement.
116   Terms of existing mayors
The amendment made by the amending Act to section 230 applies to a mayor elected following an election for a council that occurs after the commencement of that amendment.
117   Model meeting codes
(1)  A council is not required to adopt a code of meeting practice in accordance with section 360, as substituted by the amending Act, until after the next ordinary election of councillors following that substitution.
(2)  If a code containing mandatory provisions is prescribed under that section before a council adopts a code of meeting practice in accordance with that section, any existing code of meeting practice of the council has no effect to the extent that it is inconsistent with any mandatory provision.
118   Strategies and programs
A council is not required to establish and implement a community engagement strategy in accordance with section 402A, as inserted by the amending Act, until 12 months after the next ordinary election of councillors following that amendment.
119   Integrated planning and reporting guidelines
The integrated planning and reporting guidelines, as in force under section 406 immediately before the substitution of that section by the amending Act, continue to apply for the purposes of the Act, pending the making of a regulation under the substituted section that establishes new guidelines.
120   Existing auditing arrangements for councils other than new councils
(1)  Part 3 of Chapter 13, as in force before its amendment by the amending Act, continues to apply to a council in respect of any financial year commencing before 1 July 2016.
(2)  The Part, as so amended, applies in respect of any financial year commencing on or after 1 July 2016.
(3)  Subclause (2) does not prevent a council from entering into an arrangement with the Auditor-General to carry out auditing functions for the council for a previous financial year.
(4)  On the commencement of Division 3 of Part 3 of Chapter 13, as substituted by the amending Act, or 31 December 2016, whichever occurs later—
(a)  the appointment of a council auditor (other than the Auditor-General or a person appointed by the Auditor-General) ceases to have effect, and
(b)  any agreement between a council and any such person to provide auditing services to a council ceases to have effect whether or not it relates to a period after 30 June 2016.
(5)  The regulations may modify the provisions made by this clause.
(6)  Section 674A, as inserted by the amending Act, applies in relation to this clause as if this clause were a relevant provision.
(7)  A council must, on or before 31 December 2016, notify the Auditor-General in writing of any council entities of the council (within the meaning of section 415, as amended by the amending Act) as at 1 July 2016.
(8)  This clause does not apply to a new council.
121   Existing auditing arrangements for new councils
(1)  Part 3 of Chapter 13, as in force before its amendment by the amending Act, continues to apply to a new council in respect of the period before the day after the amalgamation day, subject to any provisions of the proclamation constituting the council’s area.
(2)  The Part, as so amended, applies to a new council in respect of any period beginning on the day after the day on which the new council was constituted, except as provided by this Part.
(3)  On the commencement of Division 3 of Part 3 of Chapter 13, as substituted by the amending Act—
(a)  any agreement between a new council and any person appointed by a new council to provide auditing services to the council (an existing auditor) ceases to have effect insofar as it relates to any period after the day on which the new council was constituted, and
(b)  the existing auditor is, if the existing auditor agrees, to be taken to be a person appointed by the Auditor-General to carry out auditing functions for the council for the period ending on 30 June 2017. The terms of the appointment are to be agreed in writing between the Auditor-General and the person.
(4)  Nothing in this clause prevents the Auditor-General from being able to revoke an appointment made under subclause (3).
(5)  The regulations may modify the provisions made by this clause.
(6)  Section 674A, as inserted by the amending Act, applies in relation to this clause as if this clause were a relevant provision.
(7)  A new council must, on or before 31 December 2016, notify the Auditor-General in writing of any council entities of the council (within the meaning of section 415, as amended by the amending Act) as at 1 July 2016.
(8)  This clause has effect despite any provisions of the proclamation under which a new council is constituted.
122   Annual sector-wide reports
The first report by the Auditor-General under section 421C, as inserted by the amending Act, is not required to be provided before 31 March 2018.
123   Audit, Risk and Improvement Committees
A council is not required to establish an Audit, Risk and Improvement Committee in accordance with Part 4A of Chapter 13, as inserted by the amending Act, until 6 months after the next ordinary election of councillors following the commencement of that Part.
124   Disclosure of pecuniary interests provisions
(1)  The following provisions of this Act and the regulations (as in force immediately before the repeal of Part 2 of Chapter 14 by the amending Act) are taken to be included in the model code (as in force immediately before the repeal) and in any adopted code incorporating the provisions of that code (whether made before or after that repeal)—
(a)  sections 444–447, 448 (other than section 448(g)), 449, 451–456 and 459,
(b)  regulations made under, or for the purposes of, that Part.
(2)  The provisions so included apply with any necessary modifications.
(3)  The regulations may modify or exclude any of the provisions taken to be included in a code for the purposes of this clause.
(4)  The complaint procedures for a model code or an adopted code do not apply to any matter for which a complaint may be made under Part 3 of Chapter 14.
(5)  Expressions used in this clause have the same meaning as they have in section 440.
(6)  A reference in any instrument to Part 2 of Chapter 14 is taken to be a reference to the provisions of a code of conduct (within the meaning of that Chapter) relating to the disclosure of pecuniary interests.
Part 40 Provision consequent on enactment of Local Government Amendment Act 2019
125   Rate freeze for previously amalgamated councils
Section 218CB(2), as amended by the Local Government Amendment Act 2019, extends to a determination made by the Minister before the commencement of that amendment and in force on that commencement.