Chapter 1 — Introduction
Part 1.1 — Preliminary matters
s 1 Short title s 2 Commencement s 3 Act binds Crown Part 1.2 — What this Act is about
s 4 Principles s 5 Rights and interests of Aboriginal traditional owners s 6 Overview Part 1.3 — Interpretation
s 7 Definitions s 8 Meaning of associate s 9 Meaning of prescribed corporation s 10 Meaning of relevant interest rate s 11 Public notice for matters in relation to elections s 12 Council policies to be consistent with code of conduct Part 1.4 — Application of Criminal Code
s 13 Application of Criminal Code Chapter 2 — System of local government
Part 2.1 — Local government areas
s 14 Local government system s 15 Municipalities, regions and shires Part 2.2 — Constitutive powers
s 16 Power to establish local government etc. s 17 Merger of local government areas or division of local government area s 18 Consequential adjustment of rights and liabilities s 19 Prospective council s 19A Protection from liability s 19B Performance of council functions before election of members of local government council s 19C Other transitional orders s 20 By-laws Part 2.3 — Role, functions and objectives of councils
s 21 Principal role of council s 22 Functions of council s 23 Powers of council s 24 Objectives of council s 25 Operations outside area Chapter 3 — Planning at local level
Part 3.1 — Definition
s 26 Definition Part 3.2 — Local Government Representation Committee
s 27 Local Government Representation Committee s 28 Powers of committee s 29 Procedures s 30 Considerations for recommendation s 31 Assessment criteria for committee to use in recommendations s 32 Assessment criteria in relation to division of wards Part 3.3 — Municipal, regional or shire plans
s 33 Meaning of municipal, regional or shire plans s 34 Contents of municipal, regional or shire plan s 35 Municipal, regional or shire plans s 36 Core services Chapter 4 — Council and its members
Part 4.1 — Council as body corporate
Division 1 — Corporate nature, capacity and powers of council
s 37 Council as body corporate s 38 How council acts in its corporate capacity s 39 Formation, ownership or participation in other bodies corporate Division 2 — Delegation
s 40 Delegation s 41 Review of delegation Part 4.2 — Council members
Division 1 — Composition of councils
s 42 Composition of council s 43 Vacancy etc. in office of member Division 2 — Role of members
s 44 Role of members s 45 Training requirements for council members Division 3 — Terms and conditions of membership
Subdivision 1 — Term of membership and disqualification
s 46 Eligibility for membership s 47 Disqualification s 48 Basic term of office s 49 Disclosure requirements Subdivision 2 — Casual vacancies
s 50 Casual vacancies s 51 Resignation or notification if disqualified s 52 Electoral Commissioner to confirm if person is not enrolled as an elector s 53 Notifying CEO of resignation s 54 Filling casual vacancy generally s 55 Reinstatement if member stands as candidate Subdivision 3 — Eligibility for office
s 56 Determination of eligibility for office by NTCAT Subdivision 4 — Protection from liability
s 57 Protection from liability Subdivision 5 — Principal member
s 58 Mayor or President s 59 Role and functions of principal member and deputy or acting principal member s 60 Election or appointment of principal member s 61 Election or appointment of principal member and deputy principal member s 62 Term of office s 63 Resignation of principal member s 64 Resignation of deputy principal member s 65 Filling casual vacancies – principal member Part 4.3 — Council office
s 66 Council office Part 4.4 — Local government subsidiary
s 67 Local government subsidiary s 68 Corporate identity and functions of local government subsidiary s 69 Constitution of local government subsidiary s 70 Reporting obligations s 71 Chief executive s 72 Delegation by chief executive s 73 Offences for conflict of interest s 74 Abolition of local government subsidiary Chapter 5 — Local decision making
Part 5.1 — Local authorities
s 75 Object s 76 Local authorities s 77 Constitution of local authority s 78 Functions of local authority s 79 Limits on functions of local authority s 80 Reporting s 81 Council to work with local authority Part 5.2 — Council committees
s 82 Council committees s 83 Nature of committee's functions s 84 Control and direction by council s 85 Procedures Part 5.3 — Audit committees
s 86 Audit committee s 87 Nature of committee's functions s 88 Control and direction by the council s 89 Procedures Chapter 6 — Meetings
Part 6.1 — Council meetings
s 90 Nature and timing of council meetings s 91 Convening of meetings s 92 Notice for meeting s 93 Publication of notice s 94 Business to be considered at meeting s 95 Procedure at meeting Part 6.2 — Meetings of audit committees, council committees and local authorities
s 96 Timing of meetings of audit committees, council committees and local authorities s 97 Convening of meetings s 98 Procedure at meeting Part 6.3 — Provisions of general application to meetings of audit committees, councils, council committees and local authorities
s 99 Meetings to be open to public s 100 Postponement of meeting s 101 Minutes s 102 Public access to minutes Part 6.4 — Meetings of electors
s 103 Calling meeting of electors s 104 Procedure at meeting s 105 Effect of resolution passed at meeting of electors Chapter 7 — Rights and obligations of members
Part 7.1 — Allowances and expenses
s 106 Allowance for members of council s 107 Allowance for members of local authority s 109 Expenses and benefits s 109A Superannuation Part 7.2 — Interests
s 110 Annual return of interests – members s 111 Register of annual returns of interests s 112 Relevant gifts and benefits s 113 Register of declared gifts and benefits s 114 Conflict of interest s 115 Disclosure of interest s 116 Register of declared conflicts s 117 Registers to be published Part 7.3 — Confidential information
s 118 Improper use of information Part 7.4 — Code of conduct for members
Division 1 — Preliminary matters
s 119 Definitions s 120 Prescribed code of conduct Division 2 — Administrative matters
s 121 Pool of independent assessors s 122 Functions of independent assessors s 123 Pool of code of conduct panel members s 124 Functions of code of conduct panel s 125 Meetings of code of conduct panel s 126 Secretariat s 127 Protection from liability s 128 Fees Division 3 — General Procedures
s 129 Application s 130 Evidence s 131 Procedural fairness s 132 Timeliness of determinations, decisions and actions Division 4 — Complaints
s 132A Making complaint to CEO s 132B Making complaint to secretariat s 132C Limitation period s 132D Withdrawal of complaint Division 5 — Investigation and resolution by council
s 132E Dealing with complaint by council s 132F Further investigation or resolution s 132G Action by council Division 6 — Independent assessment
s 132H Assignment of independent assessor s 132J Action by independent assessor Division 7 — Code of conduct panel hearings and determinations
s 132K Establishing a code of conduct panel s 132L Assignment of members of code of conduct panel s 132M Conduct of hearing and making determinations s 132N Action by code of conduct panel Division 8 — Reviews by code of conduct panel
s 132P Request for review of determination or decision made by council or independent assessor s 132Q Review of determination or decision by independent assessor Division 9 — Compliance and further sanctions
s 132R Compliance with sanction s 132S Monetary penalties s 132T Non-compliance with sanction s 132U Power to suspend or dismiss Part 7.5 — Removal from office by NTCAT
s 133 Removal of member from office Chapter 8 — Elections and polls
Part 8.1 — General elections
s 134 Minister's power to call general election s 135 Periodic general elections Part 8.2 — By-elections
s 136 By-elections s 137 Resolution for mandatory postal vote election Part 8.3 — Electors and electoral rolls
s 138 Entitlement to vote s 139 Electoral rolls s 140 Use of electoral roll for by-election Part 8.4 — Conduct of elections
s 141 Conduct of elections and polls s 142 Voting Part 8.5 — Electoral disputes
s 143 Disputing validity of election or poll s 144 Service of application s 145 Powers of NTCAT s 146 Exclusive method of challenge Part 8.6 — Donation disclosure
s 147 Interpretation s 148 Campaign donation return s 149 Disclosure period s 150 Candidate to know details for donation or loan s 151 Contents of return s 152 Incomplete campaign donation return s 153 Permission to amend campaign donation return s 154 Offences s 155 Time limit for starting prosecutions s 156 Investigation by Electoral Commission Part 8.7 — Miscellaneous matters
Division 1 — Interpretation
s 157 Definitions s 158 Meaning of campaign material s 159 Meaning of electoral matter Division 2 — Miscellaneous matters
s 160 Minister's powers in relation to election s 161 Caretaker policy during general election s 162 Interference with proper conduct of election or poll s 163 Secrecy of vote s 164 Offences relating to campaign material Chapter 9 — Council staff
Part 9.1 — Council's CEO
s 165 CEO s 166 Eligibility for CEO and Deputy CEO s 167 Role and functions of CEO s 168 Delegation by CEO s 169 Vacancy Part 9.2 — Other staff
s 170 Other staff of council s 171 CEO to notify council of change in staff Part 9.3 — Principles and policies
s 172 Principles of human resource management s 173 Employment policies s 174 Allowances and other benefits policy s 175 Code of conduct for CEO and staff Part 9.4 — Local government subsidiary
s 176 Application to local government subsidiary Part 9.5 — Staff obligations
s 177 Standards to be observed by council's staff and local government subsidiary's staff s 178 Annual return of interests – staff s 179 Offences for conflict of interest Part 9.6 — Rights and immunities of staff
s 180 Portability of long service leave rights s 181 Resignation to contest election – staff members s 182 Protection from liability Part 9.7 — Authorised persons
Division 1 — Appointment of authorised persons
s 183 Appointment of authorised persons s 184 Powers of authorised persons s 185 Identity card s 186 Return of identity card Division 2 — General powers of authorised person
s 187 Power to require statement of name and address s 188 Power to enter land or premises s 189 Assistance of police Division 3 — Obstruction of authorised person
s 190 Obstruction of authorised person Chapter 10 — Financial and governance management
Part 10.1 — Receipt and expenditure of money
s 191 Definition s 192 Authorised deposit accounts s 193 Segregation of certain money Part 10.2 — Investment
s 194 Investment Part 10.3 — Council or local government subsidiary borrowing
s 195 Definition s 196 Meaning of borrowing s 197 Council's or local government subsidiary's power to borrow s 198 Security for borrowing s 199 Security over general revenue Part 10.4 — Long-term financial plan
s 200 Long-term financial plan Part 10.5 — Annual budgets
s 201 Annual budgets s 202 Budget not to be for deficit s 203 Adoption of budget or amended budget s 204 Allocation of money not in budget Part 10.6 — Accounting records
s 205 Accounting records s 206 Availability of records for inspection Part 10.7 — Annual financial statement
s 207 Annual financial statement s 208 Reference of annual financial statement for audit Part 10.8 — Audit
Division 1 — Auditor
s 209 Auditor s 210 Appointment by the Minister Division 2 — Audit
s 211 Annual audit s 212 Other audits s 213 Assistance to be provided to auditor Part 10.9 — Rectification orders
s 214 Power of Minister to make rectification order s 215 Non-compliance with rectification order Part 10.10 — Shared services
s 216 Shared services policy Part 10.11 — Governance advisor
s 216A Governance advisor Chapter 11 — Rates and charges
Part 11.1 — Rateability
s 217 Categorisation of land s 218 Rateable land s 219 Conditionally rateable land s 220 Council to rate all rateable land s 221 Urban farm land s 222 Exempt land s 223 Special cases s 224 Apportionment if land rateable for part only of financial year Part 11.2 — Basis for assessment of rates
s 225 Allotments s 226 Basis of rates s 227 Basis of assessed value Part 11.3 — Liability for rates
s 228 Joint and several liability s 229 Principal ratepayer for an allotment Part 11.4 — Assessment record
s 230 Assessment record s 231 Notifications to be given by ratepayers s 232 Correction of record by council s 233 Correction of record by application s 234 Liability for rates s 235 Correction of record for misclassification s 236 Entitlement to difference in rates Part 11.5 — Imposition of rates, charges and parking rates
Division 1 — General and special rates
s 237 General rates s 238 Special rates Division 2 — Charges
s 239 Imposition of charges Division 3 — Parking rate for council for municipality
s 240 Imposition of parking rate Part 11.6 — General and particular notice
s 241 Public notice s 242 Rates notice s 243 Discount for prompt payment s 244 Payment by instalment Part 11.7 — Interest on unpaid rates
s 245 Accrual of interest on overdue rates s 246 Remission of interest Part 11.8 — Rate concessions
s 247 Rate concessions s 248 Rate concession to alleviate financial hardship s 249 Correction of anomalies in operation of rating system s 250 Public benefit concessions s 251 Rate concession not to exceed term of council Part 11.9 — Recovery of rates
Division 1 — Application of this Part
s 252 Extended meaning of rates in this Part Division 2 — Application of payments
s 253 Application of payments Division 3 — Recovery by action
s 254 Recovery by action Division 4 — Overriding statutory charge
s 255 Overdue rates to be charge on land s 256 Registration of charge s 257 Effect of registered charge Division 5 — Sale of land
s 258 Power to sell land for non-payment of rates s 259 Pre-conditions of sale s 260 Sale of land s 261 Proceeds of sale Part 11.10 — Correction of errors
s 262 Correction of errors Chapter 12 — Council property
Part 12.1 — Property generally
s 263 Acquisition of property s 264 Assumption of care, control and management of land s 265 Power to develop and improve land s 266 Power to act as trustee s 267 Power to deal with and dispose of property Part 12.2 — Reserves, cemeteries and facilities
s 268 Reserves s 269 Public cemeteries, community cemeteries and facilities Part 12.3 — Roads
s 270 Roads s 271 Care, control and management of roads s 272 Closing of roads s 273 Establishment of new road s 274 Substantial temporary road closure Chapter 13 — Regulatory powers
Part 13.1 — By-laws
s 275 Power to make by-laws s 276 Principles applying to by-laws s 277 By-laws for animal management s 278 Making by-laws s 279 Accessibility of by-laws s 280 Matters of evidence for entries in register s 281 Determinations to be published Part 13.2 — Regulatory orders
Division 1 — Categories of regulatory order
s 282 Regulatory order s 283 Visual pollution s 284 Mitigation of hazard or nuisance s 285 Animals and activities involving animals Division 2 — Regulatory orders generally
s 286 Review of orders s 287 Time for carrying out work under regulatory order s 288 Non-compliance with order Part 13.3 — Fees for services
s 289 Fees for services Chapter 14 — Reporting and public disclosure
Part 14.1 — Annual reports
s 290 Annual reports s 291 Content of annual report Part 14.2 — Public access to information
s 292 Information to be publicly available s 293 Suppression of certain information Chapter 15 — Compliance reviews and investigations
Part 15.1 — Inspectors
s 294 Inspectors s 295 Identity card s 296 Return of identity card s 297 Functions of an inspector Part 15.2 — Compliance review
s 298 Program of compliance reviews s 299 Carrying out of compliance review s 300 Agency must report on results of compliance review Part 15.3 — Investigations
s 301 Investigations Part 15.4 — Powers of inspector
s 302 Power of entry s 303 Power of formal questioning s 304 Self-incrimination s 305 Confidential matters s 306 Inspector's report Part 15.5 — NTCAT's power to remedy irregularity
s 307 Power to impose surcharge s 308 Recovery of surcharge Chapter 16 — Inquiries
Part 16.1 — Establishment of commission
s 309 Establishment of commission of inquiry s 310 Commissioner's terms of office Part 16.2 — Conduct of inquiry
s 311 Conduct of inquiry s 312 Evidentiary powers of commission s 313 Legal representation s 314 Reopening of inquiry s 315 Report of commission of inquiry Chapter 17 — Defaulting councils
Part 17.1 — Required remedial action
s 316 Minister may require action to remedy deficiencies Part 17.2 — Financial and governance control
s 317 Financial controller s 317A Governance controller s 317B Financial and governance controller appointments s 317C Protection from liability Part 17.3 — Official management
s 318 Official management of councils s 319 General election for council under official management s 320 Resignation of suspended member s 321 Official manager Chapter 18 — Review of decisions
Part 18.1 — Internal review
s 322 Reviewable decisions s 323 Right to apply for review s 324 Consideration of application by administrative review committee s 325 Council's decision on recommendation s 326 No decision by council Part 18.2 — Jurisdiction of NTCAT
s 327 Review by NTCAT s 328 Review does not affect decisions and orders Chapter 19 — Miscellaneous
Part 19.1 — Legal proceedings
s 329 Commencement of legal proceedings on behalf of council Part 19.2 — Service of documents
s 330 Service of documents on council or local government subsidiary s 331 Service of documents by council or local government subsidiary Part 19.3 — Evidence
s 332 Judicial notice to be taken of certain facts s 333 Certified copies of minutes s 334 Evidence of land ownership Part 19.4 — Offences for unauthorised disclosure and misleading information
s 335 Offence to disclose certain information s 336 Misleading information Part 19.5 — Carrying out work on land
s 337 Occupier entitled to carry out work on land s 338 Owner entitled to enter land to carry out work Part 19.6 — Certificates of liabilities
s 339 Certificates Part 19.7 — Acquisition on just terms
s 340 Acquisition on just terms Part 19.8 — Forms, guidelines and regulations
s 341 Approved forms s 342 Guidelines s 343 Regulations Chapter 20 — Repeals
s 344 Acts repealed Chapter 21 — Transitional matters
Part 1 — Transitional matters for Local Government Act 2019
s 345 Definitions s 346 Continuation of LGANT s 347 LGANT in formation of local government subsidiary s 348 Continuation of existing councils and by-laws s 349 Regional councils taken to be local government councils s 350 Contents of municipal, regional or shire plan s 351 Local government subsidiaries s 352 Formation, ownership or participation in other bodies corporate before the commencement s 353 Continuation of allowances and expenses s 354 Conflict of interest if interest relates to allowances or expenses s 355 Preservation of local government functions of Nhulunbuy Corporation Limited s 356 Annual review of plans s 357 Local authorities s 358 Complaints of breach of code of conduct s 359 Eligibility requirements for CEO, Deputy CEO and chief executive s 360 Long-term financial plan s 361 Land exempt from rates s 362 Declaration of general rates s 363 Official management of councils s 364 Roads s 365 Adoption of policies by councils s 366 Adoption of code of conduct and policies by local government subsidiaries Part 2 — Transitional matters for Local Government Legislation Amendment (Remuneration) Act 2022
s 368 Local authority guidelines Part 3 — Transitional matters for Local Government Legislation Amendment Act 2025
s 369 Definition s 370 Application of amendments related to prospective councils s 371 Application of section 318 Part 4 — Transitional Matters for Local Government Legislation Amendment (Code of Conduct and Other Matters) Act 2026
s 372 Council determinations under section 40 s 373 Application of provisions relating to conduct of members Schedule 2 — NTCAT reviewable decisions and affected persons Schedule 3 — Information to be publicly available Schedule 4 — Repealed Acts