Dictionary
Schedule 4 Dictionary
section 6
1936 Act means the repealed Local Government Act 1936.
1993 Act means the repealed Local Government Act 1993.
2020 quadrennial election means the quadrennial election for 2020.
accumulation benefit member...
adopt, by a local government, means adopt by resolution of the local government.
advice guidelines...
advisor see section 117.
affected person, for chapter 5A, part 4A, see section 150COA.
ancillary works and encroachments means—
cellars; or
gates; or
temporary rock anchors for building support; or
ancillary works and encroachments under the Transport Infrastructure Act.
anti-competitive provision means a provision that a regulation identifies as creating barriers to—
entry to a market; or
competition within a market.
applicant, for chapter 5A, part 4A, see section 150CR(1).
appropriately qualified, in relation to a delegated power, includes having the qualifications, experience or standing to exercise the power.
Example of standing—
a person’s classification level in the public service
approved form means—
for chapter 5A, a form approved by the assessor under section 150EC; or
otherwise, a form approved by the department’s chief executive under section 266.
approved inspection program see section 133(2).
assessor see section 150C.
associate, of a councillor, see section 150EG.
auditor-general...
authorised officer means a person who holds office under section 204D.
authorised person means a person who holds office under section 202.
beginning of the local government’s term see section 161(3).
behavioural standard, for chapter 5A, see section 150C.
beneficial enterprise see section 39.
Brighter Super means the superannuation scheme continued in existence under section 217.
Brighter Super Trustee means the board continued in existence under section 208.
Building Act means the Building Act 1975.
building certifying activity see section 47(4).
building unit means a lot under—
the Body Corporate and Community Management Act 1997; or
the Building Units and Group Titles Act 1980; or
the Integrated Resort Development Act 1987; or
the Mixed Use Development Act 1993; or
another Act prescribed under a regulation.
business activity, of a local government, means trading in goods and services by the local government.
business unit, of a local government, is a part of the local government that conducts a business activity of the local government.
caretaker period, for a local government, see section 90A(1).
casual commissioner means—
in relation to the change commission—a person appointed as a casual commissioner of the change commission under section 23(2); or
in relation to the remuneration commission—a person appointed as a casual commissioner of the remuneration commission under section 180(2).
casual member, in relation to the conduct tribunal, means a person appointed to be a casual member of the conduct tribunal under section 150DN(1)(c).
cause detriment to a local government—
1 To cause detriment to a local government includes—
to sabotage a lawful process of the council (including adopting a budget or conducting a tender process, for example); or
to cause the council to suffer a loss in its lawful performance of a function or commercial activity (including the loss of a future contractual arrangement, for example).
2 To cause detriment to a local government does not include—
merely embarrassing the council; or
merely causing disagreement between councillors.
CCC...
chairperson means—
in relation to the grants commission—the person appointed to be the chairperson of the grants commission under section 231; or
in relation to the remuneration commission—the person appointed to be the chairperson of the remuneration commission under section 180(1).
change commission see section 22.
charges includes any interest accrued, or premium owing, on the charges.
chief executive officer means a person who holds an appointment under section 194.
chosen fund, for chapter 7, part 2, see section 216A.
close associate...
code of competitive conduct see section 47.
commercialisation, of a significant business activity, see section 44(2).
commissioner, in relation to the remuneration commission, means—
the chairperson of the remuneration commission; or
a casual commissioner of the remuneration commission.
Commonwealth Super Act means the Superannuation Industry (Supervision) Act 1993 (Cwlth).
community forum see section 87(2).
component local government see section 25A(4).
conclusion, of the election of a councillor, see the Local Government Electoral Act, section 7.
conduct, for chapter 5A, see section 150C.
conduct breach...
conduct provision, for chapter 5A, see section 150AY.
conduct tribunal see section 150DK.
conflict of interest see section 150EF.
consolidated version, of a local law, see section 32.
contractor, of a local government, means—
a person who provides services under a contract with the local government; or
a person prescribed under a regulation.
conviction includes a finding of guilt, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.
corporate entity...
corporatisation...
corrupt conduct see the Crime and Corruption Act 2001, section 15.
cost-recovery fee see section 97(2).
councillor, of a local government, includes the mayor.
councillor advisor see section 197A(1).
councillor conduct register see section 150DX(1).
court means a court of competent jurisdiction.
Crime and Corruption Act...
Crime and Misconduct Act ...
criminal history, of a person, means all convictions, other than spent convictions, recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.
decision-maker see section 212(2).
declarable conflict of interest...
defined benefit category, for chapter 7, part 2, see section 216A.
defined benefit member, for chapter 7, part 2, see section 216A.
department’s chief executive means the chief executive of the department.
deputy chairperson, in relation to the grants commission, means the person appointed as the deputy chairperson of the grants commission under section 231.
deputy electoral commissioner means the deputy electoral commissioner under the Electoral Act.
deputy president, of the conduct tribunal, means the person appointed as the deputy president of the conduct tribunal under section 150DN(2).
discretionary funds see section 109(2).
disqualifying offence see section 153(6).
distribute a how-to-vote card—
includes make the card available to other persons; but
does not include merely display the card.
Examples—
1 A person distributes how-to-vote cards if the person hands the cards to other persons or leaves them at a place for other persons to take away.
2 A person does not distribute how-to-vote cards if the person attaches the cards to walls and other structures, merely for display.
division, of a local government area, see section 8(3).
drafting certificate...
drafting standards...
elect includes re-elect.
elector means a person entitled to vote in an election of councillors.
Electoral Act means the Electoral Act 1992.
electoral commission means the Electoral Commission of Queensland under the Electoral Act.
electoral commissioner means the electoral commissioner under the Electoral Act.
electronic document...
eligible councillor...
employment-related or upgraded travel or accommodation...
encumbrance includes any of the following that affects land—
a mortgage, lien or charge;
a caveat;
an agreement;
a judgment, writ or process;
an interest adverse to the interest of the land’s owner;
but does not include an easement.
establish, a superannuation scheme, includes join in establishing a superannuation scheme.
executive officer, of an entity, means—
if the entity has a board or management committee—each member of the board or committee; or
each person, by whatever name called, who is concerned, or takes part, in the management of the entity.
expired conviction means a conviction—
for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired; and
that is not revived as prescribed by section 11 of that Act.
final part of the local government’s term see section 161(5).
financial controller see section 118.
financial management documents...
Forestry Act means the Forestry Act 1959.
fresh election means an election of all the councillors of a local government that is not a quadrennial election.
full cost pricing, of a significant business activity, see section 44(3).
full-time government job see section 168(3).
fund, for chapter 7, part 2, see section 216A.
general power, for chapter 5A, see section 150BU.
gift includes—
a gift under the Local Government Electoral Act, section 107; and
a gift that is required, under a regulation, to be recorded in a register of interests.
government entity has the same meaning as in the Government Owned Corporations Act 1993.
grants commission see section 228(1).
group of candidates, for an election, see the Local Government Electoral Act, section 42(3).
head of a local government...
help requirement, for chapter 5A, see section 150BV(1).
home includes—
a room in a boarding house; and
a caravan; and
a manufactured home within the meaning of the Manufactured Homes (Residential Parks) Act 2003, section 10.
Housing Act contract means a contract of sale—
that was entered into under—
the State Housing Act 1945, section 24, before the repeal of that Act; or
the Housing Act 2003, section 113; or
under which—
the purchase price, other than the deposit, is payable in 2 or more instalments; or
the sale is of a share in a house and land.
how-to-vote card see the Local Government Electoral Act, schedule 2.
identity card of a person means a card that—
identifies the person as an investigator, authorised person, local government worker or authorised officer; and
contains a recent photo of the person; and
contains a copy of the person’s signature; and
states the expiry date for the identity card.
inappropriate conduct...
indigenous local government means—
the local government for the following local government areas—
• Cherbourg
• Doomadgee
• Hope Vale
• Kowanyama
• Lockhart River
• Mapoon
• Napranum
• Palm Island
• Pormpuraaw
• Woorabinda
• Wujal Wujal
• Yarrabah; or
an indigenous regional council.
indigenous regional council means—
the Northern Peninsula Area Regional Council; or
the Torres Strait Island Regional Council; or
an indigenous regional council prescribed under a regulation.
industrial instrument means an industrial instrument under the Industrial Relations Act.
Industrial Relations Act means the Industrial Relations Act 2016.
information notice, for a decision, means a notice that states the following information—
the decision;
the reasons for the decision;
the rights of review under this Act for the decision;
how, and the period within which, a review under this Act for the decision may be started;
how a stay of the operation of the decision may be applied for under this Act.
insolvent under administration...
interest means a financial or other interest.
interim administrator means a person appointed by the Governor in Council under section 123 to act in place of the councillors of a local government.
interim development control provision...
interim local law see section 26(4).
internal review, for chapter 5A, part 4A, see section 150CO.
investigation policy...
investigation report...
investigator means a person who holds office under chapter 5A as an investigator.
joint government activity see section 10(2).
joint local government see section 25A(2).
joint local government area see section 25A(3).
judicial review is a review under the Judicial Review Act.
Judicial Review Act is the Judicial Review Act 1991.
land includes—
freehold land; and
land held from the State for a leasehold interest; and
a mining claim.
Land Act means the Land Act 1994.
Land Title Act means the Land Title Act 1994.
LGAQ Ltd means the Local Government Association of Queensland Ltd ABN 11 010 883 293.
LG super scheme...
loan includes—
a loan under the Local Government Electoral Act, section 106; and
a loan that is required, under a regulation, to be recorded in a register of interests.
local government—
for chapter 5, part 1—see section 113A(1); or
for chapter 5A—see section 150C; or
for chapter 6, part 7—see section 204G; or
for chapter 7, part 2—see section 216A; or
generally—see section 8(1).
Local Government Act means a law under which a local government performs the local government’s responsibilities, including for example—
this Act; and
a local law; and
the Building Act; and
the Planning Act; and
a planning scheme; and
the Plumbing and Drainage Act; and
the Water Act 2000; and
the Water Supply (Safety and Reliability) Act 2008.
local government area see section 8(2).
local government change see section 17(2).
Local Government Electoral Act means the Local Government Electoral Act 2011.
local government employee means—
the chief executive officer; or
a person holding an appointment under section 196.
local government entity, for chapter 7, part 2, see section 216A.
Local Government (Financial Assistance) Act means the Local Government (Financial Assistance) Act 1995 (Cwlth).
local government meeting means a meeting of—
a local government; or
a committee of a local government.
local government official, for chapter 5A, see section 150C.
local government principles means the principles expressed in the form of outcomes set out in section 4(2).
local government worker see section 138(4).
local law see section 26(2).
long-term asset management plan...
long-term community plan...
long-term financial plan...
major policy decision, for a local government, means a decision—
about the appointment of a chief executive officer of the local government; or
about the remuneration of the chief executive officer of the local government; or
to terminate the employment of the chief executive officer of the local government; or
to enter into a contract the total value of which is more than the greater of the following—
$200,000;
1% of the local government’s net rate and utility charges as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report; or
relating to making or preparing an arrangement, list, plan or register in the way provided under a regulation made under this Act that can be used to establish an exception to obtaining quotes or tenders when entering into a contract; or
to make, amend or repeal a local law; or
to make, amend or repeal a local planning instrument under the Planning Act; or
under the Planning Act, chapter 3, part 3, division 2 on a development application that includes a variation request under that Act if the application proposes to—
vary the category of development or category of assessment of development; or
vary the assessment benchmarks or criteria for accepted development that would apply to development; or
facilitate development that would result in a greater demand on infrastructure than the demand anticipated in the local government’s local government infrastructure plan; or
under the Planning Act, chapter 3, part 5, division 2, subdivision 2 on a change application under that Act that includes a change to a variation approval if the application is being assessed under section 82 of that Act and the application proposes to—
further vary the category of development or category of assessment of development; or
further vary the assessment benchmarks or criteria for accepted development that would apply to development; or
facilitate development that would result in a greater demand on infrastructure than the demand anticipated in the local government’s local government infrastructure plan.
Note—
Change application assessments for minor changes under the Planning Act, section 81 are not subject to paragraph (i).
material personal interest see section 150EE.
member means—
in relation to the grants commission—the chairperson, deputy chairperson or another person appointed as a member of the grants commission under section 231; or
in relation to the conduct tribunal—the president or a casual member of the conduct tribunal.
middle of the local government’s term see section 161(4).
mining claim means a mining claim to which the Mineral Resources Act 1989 applies.
misconduct, for chapter 5A, see section 150L.
model local law see section 26(8).
model procedures, for chapter 5A, see section 150F.
National Competition Policy Agreements means the following agreements (made between the Commonwealth and the States on 11 April 1995), as in force for the time being—
the Conduct Code Agreement;
the Competition Principles Agreement;
the Agreement to Implement National Competition Policy and Related Reforms.
notice means a written notice.
notice of intention to acquire land see section 61(2).
occupier—
of a place, for chapter 5A, includes—
if there is more than 1 person who apparently occupies the place—any of the persons; and
a person at the place who is apparently acting with the authority of a person who apparently occupies the place; and
if no person apparently occupies the place—a person who is an owner of the place; or
of property, other than for chapter 5A, see section 125(6).
of, a place, for chapter 5A, includes at or on the place.
offence warning, for a direction or requirement by an investigator under chapter 5A, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction is given, or of whom the requirement is made, not to comply with it.
ordinary business matter...
original decision, for chapter 5A, part 4A, see section 150COA.
overall State interest is—
an interest that the Minister considers affects the economic, environmental or social interest of all or part of the State; or
an interest that the Minister considers affects the interest of ensuring there is an accountable, effective, and efficient system of local government; or
an interest prescribed under a regulation.
owner, of a thing that has been seized under chapter 5A, includes a person who would be entitled to possession of the thing had it not been seized.
owner of land—
means—
a registered proprietor of freehold land; or
a purchaser of freehold land from the State under an Act; or
a purchaser of land under a Housing Act contract; or
a person who has a share in land that the person bought under a Housing Act contract; or
a lessee of land held from the State, and a manager, overseer or superintendent of the lessee who lives on the land; or
the holder of a mining claim or lease; or
the holder of land mentioned in the Mineral Resources Act 1989, schedule 2, definition owner; or
a lessee of land under any of the following Acts—
• the Geothermal Energy Act 2010
• the Greenhouse Gas Storage Act 2009
• the Petroleum Act 1923
• the Petroleum and Gas (Production and Safety) Act 2004; or
a lessee of land held from a government entity or local government; or
the holder of an occupation permit or stock grazing permit under the Forestry Act or of a permit prescribed under a regulation; or
the holder of a permission to occupy from the chief executive of the department responsible for the administration of the Forestry Act; or
the holder of a permit to occupy under the Land Act; or
a licensee under the Land Act; or
for land on which there is a structure subject to a time share scheme—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or
another person who is entitled to receive rent for the land; or
another person who would be entitled to receive rent for the land if it were leased at a full commercial rent; but
does not include the State, or a government entity, except as far as the State or government entity is liable under an Act to pay rates.
perceived conflict of interest...
permanent employee, for chapter 7, part 2, see—
for a local government (other than the Brisbane City Council) or a local government entity—section 216B; or
for the Brisbane City Council—section 216C.
place, for chapter 5A, includes—
premises; and
vacant land; and
a place in Queensland waters; and
a place held under more than 1 title or by more than 1 owner; and
the land or water on which a building or other structure, or a group of buildings or other structures, is situated.
Planning Act means the Planning Act 2016.
planning and accountability documents...
Planning and Environment Court...
planning scheme means a planning scheme under the Planning Act.
Plumbing and Drainage Act means the Plumbing and Drainage Act 2018.
police commissioner...
political party means an organisation registered as a political party under the Electoral Act.
preliminary assessment...
premises, for chapter 5A, includes—
a building or other structure; and
a part of a building or other structure; and
a caravan or vehicle; and
a cave or tent; and
premises held under more than 1 title or by more than 1 owner.
prescribed conflict of interest...
president, of the conduct tribunal, means the person appointed as the president of the conduct tribunal under section 150DN(1).
private property see section 125(4).
private sector means an entity that is not—
the Commonwealth or a State; or
a State authority; or
a local government.
property means land, any structure on the land, and a vehicle.
public office, of a local government, see section 261.
public place, for chapter 5, part 2, division 1, see section 125(5).
public thoroughfare easement is an easement created under—
the Land Act, chapter 6, part 4, division 8; or
the Land Title Act, part 6, division 4.
public utilities means—
works for the supply of drainage, electricity, gas, sewerage, telecommunications or water; or
works for an infrastructure corridor under the State Development and Public Works Organisation Act 1971, section 82; or
works for a purpose mentioned in the State Development and Public Works Organisation Act 1971, section 125; or
other works that is declared under a regulation to be a public utility.
publicly available means available for inspection by the public at a local government’s public office and on its website.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).
quadrennial election means the election for local governments that is held in 2012, and every fourth year after 2012.
Queensland Contact with Lobbyists Code...
rateable land see section 93(2).
rates includes any interest accrued, or premium owing, on the rates.
real conflict of interest...
reasonable entry notice see section 138AA(3).
reasonable proportion of electors see section 15(2).
reasonably believes means believes on grounds that are reasonable in the circumstances.
reasonably satisfied means is satisfied on grounds that are reasonable in the circumstances.
reasonably suspects means suspects on grounds that are reasonable in the circumstances.
referral notice...
regional conduct review panel...
registered officer, of a political party, means the registered officer of the political party under the Electoral Act.
registrar of titles means the public authority responsible for registering title to land and dealings affecting land.
regulated pool see the Building Act, section 231B.
related, for chapter 6, part 5A—
to a councillor—see section 201A(3); or
to a councillor advisor—see section 201A(4).
related party, of a councillor, see section 150EH.
relevant fund, for chapter 7, part 2, see section 216A.
relevant term, for a councillor, means the councillor’s current term of office, and the period—
starting on the day after the conclusion of the quadrennial election held before the most recent quadrennial election; and
ending on the day immediately before the councillor’s current term of office started.
relevant trustee, for chapter 7, part 2, see section 216A.
remedial action see section 113(2).
remedial notice see section 138AA(1).
remuneration category means a remuneration category prescribed under a regulation.
remuneration commission see section 176.
resolution, of a local government, means the formal decision of the local government at a local government meeting.
responsibility includes a function.
review decision, for chapter 5A, part 4A, see section 150CQ(2).
reward does not include—
a councillor’s remuneration as a councillor; or
an amount decided under the deed under the Superannuation (State Public Sector) Act 1990 in relation to a transferring member within the meaning of repealed section 32A of that Act; or
reasonable expenses actually incurred for any 1 or more of the following—
accommodation;
meals;
domestic air travel;
taxi fares or public transport charges;
motor vehicle hire; or
an amount paid as a pension or otherwise for past service in a full-time government job.
road see section 59(2).
roads activity see section 47(5).
sanitary drain—
means a drain that is immediately connected to, and used to carry discharges from, a soil or waste pipe; but
does not include a pipe that is a part of a drain for carrying off effluent from a property after treatment in an on-site sewerage facility.
senior executive employee, of a local government, means an employee of the local government—
who reports directly to the chief executive officer; and
whose position ordinarily would be considered to be a senior position in the local government’s corporate structure.
sewerage treatment system means the infrastructure used to receive, transport and treat sewage or effluent (including sewers, access chambers, machinery, outfalls, pumps, structures and vents, for example).
sign, a thing, includes the making of a mark on the thing in front of someone else who signs the thing as witness.
significant business activity see section 43(4).
spent conviction...
standing committee, of a local government, means a committee of its councillors that meets to discuss the topic decided by the local government when establishing the committee.
State-controlled road has the meaning given in the Transport Infrastructure Act.
State office, of the department, means the office of the department at the address prescribed under a regulation.
Statutory Bodies Financial Arrangements Act means the Statutory Bodies Financial Arrangements Act 1982.
stormwater drain see section 76(2).
stormwater installation see section 76(3).
structure means anything that is built or constructed, whether or not it is attached to land.
superannuation contributions, for chapter 7, part 2, see section 216A.
subordinate local law see section 26(5).
super board...
sustainable development is development that is designed to meet present needs while also taking into account future costs (including costs to the environment and the depletion of natural resources, for example).
time share scheme, for a structure, means a scheme that is to operate for at least 3 years during which time the participants in the scheme are, or may become, entitled to use, occupy or possess the structure, or part of the structure, for 2 or more periods.
Transport Infrastructure Act means the Transport Infrastructure Act 1994.
tribunal...
trust deed means a trust deed made by Brighter Super Trustee.
trustee council see section 82(2).
trust land see section 82(3).
unsuitable meeting conduct, for chapter 5A, see section 150H.
This provision refers to the regulations (a regulation
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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