Modification of Act if meeting held by electronic means (Act s. 5.25(2))
14E Modification of Act if meeting held by electronic means (Act s. 5.25(2))
In this regulation —
class 3 or 4 council or committee means the council of, or a committee established by, a class 3 local government or a class 4 local government;
Note for this definition:
Class 3 local government and class 4 local government have the meanings given in the Local Government (Constitution) Regulations 1998 regulations 2A and 2B.
electronic meeting means a meeting held by electronic means under regulation 14D.
If a council or a committee is to hold an electronic meeting, the council or committee is taken to have complied with the requirement to give notice of the place of the meeting under section 5.5 and regulation 12 if the local government gives notice that the meeting will be conducted by electronic means.
If a council or a committee holds an electronic meeting, a member of the council or committee who attends the meeting by electronic means determined under regulation 14D(3) is, whether or not the member is physically in the State, taken to attend and be present at the meeting for the purposes of the Act and these regulations while the member is in contact by those electronic means with each other member present at the meeting.
If a council or a committee holds an electronic meeting, the meeting is open to members of the public under section 5.23(1) if —
in the case of a class 3 or 4 council or committee — the requirement to publish the unconfirmed minutes of the meeting under regulation 13(1)(a) is complied with within the applicable time period set out in regulation 13(2) or (3); or
in any case — the council or committee publicly broadcasts the meeting on a website or the meeting or a broadcast of the meeting is otherwise accessible to the public.
For the purposes of subregulation (3A)(b), a broadcast must be either —
both visual and audio; or
audio only.
If a council or a committee holds an electronic meeting, section 5.24 is modified so that the council or committee allocates time for raising questions by members of the public, and the asking of and responding to those questions, if —
the council or committee provides a means to submit a question prior to the meeting; and
the council or committee determines at the meeting —
in the case of a meeting held by electronic means under regulation 14D(2)(a) or (b) — that, given the public health emergency, state of emergency or direction issued under the Public Health Act 2016 or the Emergency Management Act 2005, it is not appropriate to respond to the question at the meeting; or
in any case — to respond to the question at the meeting in accordance with the procedure determined by the council or committee.
If a council or a committee holds an electronic meeting, for the purposes of regulation 14, a notice paper, agenda, report or other document may be —
tabled at the meeting, or produced by the local government or a committee for presentation at the meeting, in any manner determined by the council or committee, including by electronic means; and
made available to members of the council or committee, or for inspection by members of the public, in any manner determined by the council or committee, including by electronic means.
[Regulation 14E inserted: SL 2020/20 r. 7; amended: SL 2022/185 r. 8; SL 2023/102 r. 4; SL 2023/158 r. 4.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.