The requirement in s 6.2(1) of the Local Government Act 1995 (WA) to adopt the annual budget by 31 August is not a condition of validity of fees and charges contained in the budget. A local government that adopts its budget after the deadline has still validly imposed the fees and charges set out in that budget. The imposition of fees and charges and the adoption of the budget are distinct exercises of power, such that invalidity of the budget (if any) would not necessarily invalidate the fees. Whether ss 6.17 and 6.19 are pre-conditions to validity of fees was left open.
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