LOCAL GOVERNMENT (GENERAL) REGULATIONS 2021
NORTHERN TERRITORY OF AUSTRALIA
LOCAL GOVERNMENT (GENERAL) REGULATIONS 2021
As in force at 1 July 2026
Table of provisions
Part 1 Preliminary matters
1 Title .................................................................................................. 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
Part 2 Accounting
Division 1 General instructions
4 Power to issue general instructions ................................................. 3
5 Failure to comply with general instruction ........................................ 3
Division 2 Financial administration
6 Information to be maintained ........................................................... 3
Division 3 Accounting records
7 Accounting records .......................................................................... 6
Division 4 Budget and allocation of money
8 Budget and long-term financial plan ................................................ 6
9 Review of budget ............................................................................. 6
10 Budget for deficit in some circumstances ........................................ 7
11 Reserves ......................................................................................... 7
Division 5 Annual reports
12 Content of council annual report ...................................................... 7
Division 6 Annual financial statement
13 Annual financial statement – council ............................................... 8
14 Annual financial statement – local government subsidiary .............. 8
15 Certification and delivery of annual financial statement ................... 8
16 Copy of annual financial statement to be forwarded to NT
Grants Commission ......................................................................... 9
Division 7 Financial matters
17 Monthly financial reports to council.................................................. 9
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Local Government (General) Regulations 2021 ii
18 Financial reports to local government subsidiary ........................... 10
19 Council committee to carry out financial functions ......................... 11
20 Report in relation to rates in arrears .............................................. 12
Division 8 Authorised accounts and expenditure
21 Authorised accounts ...................................................................... 12
22 Disbursements from authorised accounts...................................... 12
23 Cash expenditure .......................................................................... 13
Division 9 Assets
24 Assets ............................................................................................ 13
25 Review of inventory ....................................................................... 13
26 Major assets and portable and attractive assets............................ 14
27 Reporting misappropriation, loss, destruction or damage .............. 15
28 Writing off money or assets ........................................................... 15
Division 10 Rates
29 Assessment record and record of rates ......................................... 16
30 Form of rates notice ....................................................................... 16
Division 11 Debts
31 Debt record .................................................................................... 17
32 Writing off debts............................................................................. 17
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
33 Procurement policy ........................................................................ 18
34 Quotations ..................................................................................... 18
35 Public quotations ........................................................................... 19
36 Tenders by council or local government subsidiary ....................... 20
37 Obtaining and keeping of quotations and tenders ......................... 22
38 Quotations and tenders not required in certain circumstances ...... 22
39 Quotations and tenders not required in relation to particular
entities ........................................................................................... 24
40 Period contract .............................................................................. 25
41 Contract with option to extend ....................................................... 26
42 Contract variations......................................................................... 26
43 Determining cost of supplies.......................................................... 27
Subdivision 2 Collective procurement
44 Definitions ...................................................................................... 28
45 Collective procurement .................................................................. 28
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46 Collective procurement agreement ................................................ 28
47 Collective procurement procedure ................................................. 29
Division 13 Requests for information
48 Requests for information................................................................ 30
Division 14 Information to be publicly available
49 Information to be publicly available................................................ 30
Part 3 Administration
Division 1 Meetings
50 Public access to meetings ............................................................. 31
Division 2 Confidential information and business
51 Confidential information ................................................................. 31
52 Closure of meetings for confidential business ............................... 32
53 Policy for confidential information and business ............................ 32
Division 3 Records
54 Council's records ........................................................................... 33
55 Council to keep registers ............................................................... 33
56 Matters for register of declared conflicts ........................................ 34
57 Register of declared conflicts – disclosures by other members ..... 34
58 Review of register of declared conflicts ......................................... 35
59 Contents of minutes of meetings ................................................... 35
60 Custody of records ........................................................................ 36
61 Access to records .......................................................................... 36
62 Disposal and destruction of records .............................................. 36
Division 4 Urban farm land
63 Urban farm land ............................................................................. 37
Division 5 Construction and closing of roads
64 Permanent closure of road ............................................................ 37
Division 7 Code of conduct
71 Prescribed code of conduct ........................................................... 38
Part 4 Municipal parking rate
82 Definitions ...................................................................................... 38
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Local Government (General) Regulations 2021 iv
83 Meaning of Central Darwin ............................................................ 39
84 Application of Part ......................................................................... 39
85 Trading fund .................................................................................. 39
86 Parking usage schedule ................................................................ 40
87 Notification of parking usage schedule .......................................... 40
88 Review or correction of error ......................................................... 41
89 Calculation of municipal parking rate ............................................. 42
90 Levying of municipal parking rate .................................................. 43
91 Payment of amounts in advance ................................................... 43
92 Notification requirements if use of land changes ........................... 44
93 Payment or refund because of adjustment .................................... 45
94 Agreement or payment if municipal parking rate adjusted to
increase shortfall ........................................................................... 45
95 Refund if municipal parking rate adjusted to decrease shortfall..... 45
96 Rebates and exemptions ............................................................... 46
97 Usage of car parking spaces ......................................................... 46
Part 5 Miscellaneous matters
98 Prescribed corporation .................................................................. 47
99 Timeframe for review of delegations.............................................. 47
100 Member indebted to the council..................................................... 47
101 Absence without permission .......................................................... 48
102 Timeframes for requirements for meetings .................................... 48
103 Notice requirements for meeting of council committee or local
authority ......................................................................................... 49
104 Notice requirements for meeting of audit committee ..................... 49
105 Notice of postponement of meeting ............................................... 49
106 Annual return of interests – members ............................................ 50
107 Annual return of interests – staff .................................................... 51
108 Prescribed form for annual return of interests for members........... 52
109 Requirements for appointment to office of CEO ............................ 52
110 Vacancy in office of CEO ............................................................... 53
111 Submissions in relation to conditionally rateable land ................... 53
111A Continuation of LGANT ................................................................. 53
Part 6 Transitional matters for Local Government
(General) Regulations 2021
112 Definitions ...................................................................................... 53
113 Council or local government subsidiary to maintain information
within 12 months after commencement ......................................... 54
114 Council to adopt policies within 12 months after
commencement ............................................................................. 54
115 Local government subsidiary to adopt policies within
12 months after commencement ................................................... 54
116 Registers to be established ........................................................... 54
117 Quotations, tenders and collective procurement............................ 55
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Local Government (General) Regulations 2021 v
118 Established trading fund ................................................................ 55
119 Parking usage schedule ................................................................ 55
120 Rates levied under former parking Regulations ............................. 55
Part 8 Transitional matters for Local Government
(General) Further Amendment
Regulations 2022
140 Complaints and applications referred or made to former
prescribed corporation ................................................................... 56
Part 9 Transitional matters for Local Government
Legislation Amendment (Code of Conduct
and Other Matters) Act 2026
141 Application of amendments to regulation 36(8) ............................. 57
Schedule 1 Information to be publicly available
Schedule 1A Code of Conduct
Schedule 2 Central Darwin
Schedule 3 Parking requirements
Schedule 4 Provision of parking spaces
Schedule 5 Annual return of interests for council
members
ENDNOTES
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NORTHERN TERRITORY OF AUSTRALIA
____________________
As in force at 1 July 2026
____________________
LOCAL GOVERNMENT (GENERAL) REGULATIONS 2021
Regulations under the Local Government Act 2019
Part 1 Preliminary matters
1 Title
These Regulations may be cited as the Local Government
(General) Regulations 2021.
2 Commencement
These Regulations commence on the day on which section 343 of
the Local Government Act 2019 commences.
3 Definitions
In these Regulations:
assets includes the following:
(a) land;
(b) leases;
(c) buildings;
(d) infrastructure;
(e) plant and machinery;
(f) motor vehicles;
(g) furniture and fittings;
(h) intangible assets;
(i) inventory.
Central Darwin, for Part 4, see regulation 83.
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Part 1 Preliminary matters
Local Government (General) Regulations 2021 2
collective procurement agreement, see regulation 45(2).
confidential information means information prescribed as
confidential under regulation 51.
entity, for Part 2, Division 12, Subdivision 2, see regulation 44.
income includes capital receipts.
key management personnel has the same meaning as in the
Australian Accounting Standards.
land, for Part 4, see regulation 82.
material, in relation to a budget, has the same meaning as in
Accounting Standard AASB 1031 of the Australian Accounting
Standards.
municipal parking rate, for Part 4, see regulation 82.
parcel of land, for Part 4, see regulation 82.
parking usage schedule, for Part 4, see regulation 82.
primary records, see regulation 54(1).
procurement group, see regulation 45(1).
resolution, in relation to a local government subsidiary, means
resolution of its constituent council or councils.
secondary records, see regulation 54(2).
shortfall, for Part 4, see regulation 82.
supplies means goods or services required by a council or local
government subsidiary.
tender committee, for Part 2, Division 12, Subdivision 2, see
regulation 44.
tied, in relation to funds, means funds to which conditions on use
are attached.
untied, in relation to funds, means funds to which no conditions on
use are attached.
use, for Part 4, see regulation 82.
vehicle, for Part 4, see regulation 82.
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Part 2 Accounting
Division 2 Financial administration
Local Government (General) Regulations 2021 3
Part 2 Accounting
Division 1 General instructions
4 Power to issue general instructions
(1) The CEO of the Agency may issue general instructions to councils
or local government subsidiaries in relation to financial
administration and accounting.
(2) A general instruction to councils or local government subsidiaries
issued under this regulation must be:
(a) made in writing; and
(b) given in writing to all councils and local government
subsidiaries; and
(c) published on the Agency's website.
5 Failure to comply with general instruction
(1) A council commits an offence if the council does not comply with a
general instruction issued under regulation 4.
Maximum penalty: 50 penalty units.
(2) A local government subsidiary commits an offence if the local
government subsidiary does not comply with a general instruction
issued under regulation 4.
Maximum penalty: 50 penalty units.
(3) An offence against subregulation (1) or (2) is an offence of strict
liability.
Division 2 Financial administration
6 Information to be maintained
(1) A council must maintain the following information:
(a) an organisational chart showing the council's staff structure;
(b) a list of relevant committees (including audit committees,
council committees and any other committees established by
the CEO) and the membership of those committees;
(c) the council's internal accounting policies and procedures;
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(d) the council's internal controls, including the following:
(i) the council's fraud and corruption control policy
protection plan, made by the CEO;
(ii) procedures made by the CEO to ensure all receipts are
recorded in the council's accounting records and all cash
is deposited in the council's bank account in a timely
manner;
(iii) a policy, adopted by resolution, for the use of
accountable forms by members and the CEO;
(iv) a policy, made by the CEO, for the use and
management of accountable forms by the council's staff;
(v) a policy, made by the CEO, for asset management;
(e) a policy, adopted by resolution, for the responsibility for and
use of council credit cards by:
(i) council members; and
(ii) the CEO;
(f) a policy, made by the CEO, for the responsibility for and use
of council credit cards by the council's staff;
(g) a policy, adopted by resolution, in relation to relevant gifts or
benefits (including entertainment and hospitality) received by
the CEO;
(h) a policy, made by the CEO, for gifts and benefits (including
entertainment and hospitality) received by the council's staff;
(i) a register, maintained by the CEO, of all authorised persons
appointed under section 183 of the Act, including any
limitations and conditions of appointment;
(j) a register, maintained by the CEO, of all delegations by the
council and the CEO.
Note for subregulation (1)(g)
Section 112 of the Act requires a council to adopt a policy in relation to gifts or
benefits received by council members.
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Division 2 Financial administration
Local Government (General) Regulations 2021 5
(2) A local government subsidiary must maintain the following
information:
(a) the local government subsidiary's internal controls, including
the following:
(i) the local government subsidiary's fraud and corruption
control policy protection plan, made by the chief
executive;
(ii) procedures made by the chief executive to ensure all
receipts are recorded in the local government
subsidiary's accounting records and all cash is deposited
in the local government subsidiary's bank account in a
timely manner;
(iii) a policy, by resolution, for the use of accountable forms
by the chief executive;
(iv) a policy, made by the chief executive, for the use and
management of accountable forms by the local
government subsidiary's staff;
(v) a policy, made by the chief executive, for asset
management;
(b) a policy, by resolution, for the responsibility for and use of the
local government subsidiary's credit cards by the chief
executive;
(c) a policy, made by the chief executive, for the responsibility for
and use of the local government subsidiary's credit cards by
the local government subsidiary's staff;
(d) a policy, by resolution, for gifts and benefits (including
entertainment and hospitality) received by the chief executive;
(e) a policy, made by the chief executive, for gifts and benefits
(including entertainment and hospitality) received by the local
government subsidiary's staff.
(3) The policies mentioned in subregulations (1)(e) and (f) and (2)(b)
and (c) are only required to be maintained if credit cards have been
issued to a person mentioned in the subregulation.
(4) In this regulation:
accountable forms includes tickets, meal vouchers and other
vouchers.
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Part 2 Accounting
Division 4 Budget and allocation of money
Local Government (General) Regulations 2021 6
Division 3 Accounting records
7 Accounting records
(1) A council and a local government subsidiary must keep, in
electronic form, financial records that:
(a) correctly record and explain:
(i) its transactions (including transactions undertaken as
trustee); and
(ii) its financial position and performance; and
(b) enable true and fair financial statements to be prepared.
(2) The CEO of the council and the chief executive of the local
government subsidiary must ensure that appropriate controls and
procedures are implemented and maintained to ensure the integrity
and security of the data files and programs.
Division 4 Budget and allocation of money
8 Budget and long-term financial plan
(1) A council's budget and long-term financial plan must:
(a) be on an accrual basis; and
(b) include a list of budget assumptions; and
(c) include a list of initiatives in the budget; and
(d) include a list of major capital works and projected costings.
(2) If budgeted capital expenditure for a capital item is expected to be
incurred after the period provided for in the long-term financial plan,
the long-term financial plan must include a statement setting out the
remaining budget balance amount and the expected capital
expenditure completion date.
9 Review of budget
(1) A council's budget for a financial year must be reviewed by the
council as follows:
(a) on at least one occasion between 1 July and 31 December in
the financial year;
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Part 2 Accounting
Division 5 Annual reports
Local Government (General) Regulations 2021 7
(b) on at least one occasion between 1 January and 30 April in
the financial year.
(2) If the council adopts an amended budget as a result of the review,
and the amended budget has a material impact on the council's
long-term financial plan, the council must, by resolution, amend the
council's long-term financial plan at the same time as adopting the
amended budget.
10 Budget for deficit in some circumstances
For section 202 of the Act, a council may budget for a deficit if the
reason for the deficit can be attributed to any of the following:
(a) depreciation;
(b) amortisation;
(c) asset write-downs;
(d) expenditure of tied grant funding recorded as income in a prior
year;
(e) any other non-cash item.
11 Reserves
The following matters require a council resolution to take effect:
(a) a transfer to or from council reserves;
(b) a change in purpose of a council reserve.
Division 5 Annual reports
12 Content of council annual report
For section 291(1)(h) of the Act, the annual report of a council must
include a comparison of the council's original budget, the council's
most recently adopted budget and actual results, with a report on
the reasons for the material variations between the most recently
adopted budget and the actual results.
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Part 2 Accounting
Division 6 Annual financial statement
Local Government (General) Regulations 2021 8
Division 6 Annual financial statement
13 Annual financial statement – council
For section 207(2)(b) of the Act, the following requirements are
prescribed:
(a) a separate line that states the total remuneration provided to
the CEO during the financial year;
(b) a statement as to the nature (capital or operating), amount
and source of each grant or subsidy received during the
financial year (distinguishing those received from the Territory,
the Commonwealth and other sources);
(c) a disclosure of all reserves set aside for specific purposes.
14 Annual financial statement – local government subsidiary
The annual financial statement of a local government subsidiary
must contain the following:
(a) a separate line that states the total remuneration provided to
the chief executive during the financial year;
(b) a disclosure of all reserves set aside for specific purposes.
15 Certification and delivery of annual financial statement
(1) When the annual financial statement has been prepared, the CEO
must certify in writing that:
(a) the statement has, to the best of the CEO's knowledge,
information and belief, been properly drawn up in accordance
with the applicable Australian Accounting Standards, the Act
and these Regulations so as to present fairly the financial
position of the council and the results for the relevant financial
year; and
(b) the statement is in accordance with the accounting and other
records of the council.
(2) The CEO must, as soon as practicable after the annual financial
statement has been audited, lay the statement before the council.
(3) The audited annual financial statement must not be provided to the
Minister until after the council has resolved to accept the annual
financial statement and the CEO's certification under
subregulation (1).
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Division 7 Financial matters
Local Government (General) Regulations 2021 9
16 Copy of annual financial statement to be forwarded to NT
Grants Commission
(1) A council commits an offence if a council does not, on or before
15 November in each year:
(a) forward the council's audited annual financial statement for the
previous financial year to the Northern Territory Grants
Commission; and
(b) provide any further information required by the Commission in
a manner and form required by the Commission.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
Division 7 Financial matters
17 Monthly financial reports to council
(1) The CEO must, in each month, give the council a report setting out:
(a) the actual income and expenditure of the council for the period
from the commencement of the financial year up to the end of
the previous month; and
(b) the most recently adopted annual budget; and
(c) details of any material variances between the most recent
actual income and expenditure of the council and the most
recently adopted annual budget.
(2) The report must also include:
(a) details of all cash and investments held by the council
(including money held in trust); and
(b) the closing cash at bank balance split between tied and untied
funds; and
(c) a statement on trade debtors and a general indication of the
age of the debts owed to the council; and
(d) a statement on trade creditors and a general indication of the
age of the debts owed by the council; and
(e) a statement in relation to the council's payment and reporting
obligations for GST, fringe benefits tax, PAYG withholding tax,
superannuation and insurance; and
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Local Government (General) Regulations 2021 10
(f) other information required by the council.
(3) If a council does not hold a meeting in a particular month, the report
is to be laid before the council committee performing the council's
financial functions under regulation 19 for the particular month.
(4) The report must be in the approved form.
(5) The report must be accompanied by:
(a) a certification, in writing, by the CEO to the council that, to the
best of the CEO's knowledge, information and belief:
(i) the internal controls implemented by the council are
appropriate; and
(ii) the council's financial report best reflects the financial
affairs of the council; or
(b) if the CEO cannot provide the certification – written reasons
for not providing the certification.
18 Financial reports to local government subsidiary
(1) A chief executive must, in the month following each quarter of a
financial year, give the local government subsidiary a report setting
out:
(a) the actual income and expenditure of the local government
subsidiary for the period from the commencement of the
financial year up to the end of the previous quarter; and
(b) the most recently adopted annual budget; and
(c) details of any material variances between the most recent
actual income and expenditure of the local government
subsidiary and the most recently adopted annual budget.
(2) The report must also include:
(a) details of all cash and investments held by the local
government subsidiary (including money held in trust); and
(b) the closing cash at bank balance split between tied and untied
funds; and
(c) a statement on trade debtors and a general indication of the
age of the debts owed to the local government subsidiary; and
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Part 2 Accounting
Division 7 Financial matters
Local Government (General) Regulations 2021 11
(d) a statement on trade creditors and a general indication of the
age of the debts owed by the local government subsidiary;
and
(e) a statement in relation to the local government subsidiary's
payment and reporting obligations for GST, fringe benefits tax,
PAYG withholding tax, superannuation and insurance; and
(f) other information required by the local government subsidiary.
(3) The report must be in the approved form.
(4) The report must be accompanied by:
(a) a certification, in writing, by the chief executive to the local
government subsidiary that, to the best of the chief executive's
knowledge, information and belief:
(i) the internal controls implemented by the local
government subsidiary are appropriate; and
(ii) the local government subsidiary's financial report best
reflects the financial affairs of the local government
subsidiary; or
(b) if the chief executive cannot provide the certification – written
reasons for not providing the certification.
19 Council committee to carry out financial functions
(1) If a council does not schedule an ordinary meeting at least once in
each month, the council must delegate to a council committee the
necessary powers to carry out, on behalf of the council, financial
functions of the council in the months the council does not schedule
an ordinary meeting.
(2) If a scheduled ordinary meeting is postponed and is not held for a
particular month or a scheduled council committee meeting is not
held, the CEO must publish the previous month's monthly financial
report on the council's website as soon as practicable.
Note for regulation 19
Section 90 of the Act provides that a council must hold an ordinary meeting at
least once in each successive period of 2 months.
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Part 2 Accounting
Division 8 Authorised accounts and expenditure
Local Government (General) Regulations 2021 12
20 Report in relation to rates in arrears
The CEO must, at least once in a financial year, give the council a
report setting out:
(a) the number of allotments with rates in arrears for more than
2 years and the total amount of those rates in arrears; and
(b) the number of conditionally rateable allotments with rates in
arrears for more than 2 years and the total amount of those
rates in arrears; and
(c) the actions taken to recover the rates in arrears.
Division 8 Authorised accounts and expenditure
21 Authorised accounts
(1) The name in which an authorised account is kept by a council or
local government subsidiary must include the name of the council
or local government subsidiary.
(2) The CEO of the council or chief executive of the local government
subsidiary must ensure that, at least once in each month, the
balance of an authorised account is reconciled with income and
expenditure that has been or should have been paid into, or from,
the account.
22 Disbursements from authorised accounts
(1) A cheque issued on behalf of a council or local government
subsidiary must be signed by at least 2 persons authorised by
resolution of the council or local government subsidiary to sign
cheques on behalf of the council or local government subsidiary.
(2) An electronic disbursement from an authorised account must be
processed by at least 2 persons authorised by resolution of the
council or local government subsidiary to process electronic
disbursements on behalf of the council or local government
subsidiary.
(3) An authorisation under subregulation (1) or (2) by a council:
(a) may only be given to one or more of the following:
(i) the council's principal member;
(ii) the CEO;
(iii) a staff member of the council;
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Division 9 Assets
Local Government (General) Regulations 2021 13
(iv) a person approved by the CEO of the Agency under
subregulation (5); and
(b) may be given subject to limitations and conditions determined
by the council and specified in its resolution.
(4) An authorisation under subregulation (1) or (2) by a local
government subsidiary:
(a) may only be given to one or more of the following:
(i) the chief executive;
(ii) a staff member of the local government subsidiary;
(ii) a person approved by the CEO of the Agency under
subregulation (5); and
(b) may be given subject to limitations and conditions determined
by the local government subsidiary and specified in its
resolution.
(5) The CEO of the Agency may approve a person, with or without
conditions, to be a person who may be given authorisation under
subregulation (1) or (2).
23 Cash expenditure
(1) Expenditure by a council or local government subsidiary may be
made in cash to an extent authorised by resolution of the council or
local government subsidiary.
(2) A council or local government subsidiary must keep an account of
cash expenditure under an imprest system.
Division 9 Assets
24 Assets
(1) The CEO of a council or chief executive of a local government
subsidiary is responsible for the safekeeping of all council assets or
local government subsidiary assets.
(2) The CEO or chief executive must ensure that adequate records are
kept of council assets or local government subsidiary assets.
25 Review of inventory
A council must undertake a stocktake of its inventory once each
year.
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Part 2 Accounting
Division 9 Assets
Local Government (General) Regulations 2021 14
26 Major assets and portable and attractive assets
(1) A council and a local government subsidiary must keep, in
electronic form:
(a) a register of the council's or local government subsidiary's
major assets; and
(b) a register of the council's or local government subsidiary's
portable and attractive assets.
(2) The council's or local government subsidiary's major assets and
portable and attractive assets must be recorded in the respective
registers as soon as practicable after the council or local
government subsidiary obtains control of the asset or disposes of
an asset.
Example for subregulation (2)
A council or local government subsidiary may obtain control of the asset by
purchasing the asset or obtaining a controlling interest in the asset.
(3) The register of the council's or local government subsidiary's major
assets must contain the following information in relation to each
asset:
(a) a description of the asset;
(b) the date the council or local government subsidiary obtained
control of the asset;
(c) the value of the asset;
(d) the condition of the asset;
(e) the primary location of the asset;
(f) the date of disposal of the asset (if applicable).
(4) The council or local government subsidiary may determine the
information required for the register of the council's or local
government subsidiary's portable and attractive assets.
(5) In this regulation:
major asset means an asset with a value of or above:
(a) $10 000 (exclusive of GST); or
(b) another amount less than $10 000 (exclusive of GST) as
determined by resolution by the council or local government
subsidiary.
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Part 2 Accounting
Division 9 Assets
Local Government (General) Regulations 2021 15
portable and attractive asset means an asset with a value below
the value of a major asset.
27 Reporting misappropriation, loss, destruction or damage
The CEO of a council or the chief executive of a local government
subsidiary must make a report to the Police Force of the Northern
Territory for the following, if the CEO or chief executive considers
the loss or damage is attributable to fraud, theft, misappropriation or
the commission of an offence:
(a) a loss of money that exceeds $500;
(b) loss or damage to an asset or assets that exceeds $2 000.
28 Writing off money or assets
(1) If a council or local government subsidiary is satisfied, on
certification in writing from the CEO or chief executive, that money
has been misappropriated, or cannot be found, the council or local
government subsidiary may authorise the writing off of the relevant
amount in the accounts of the council or local government
subsidiary.
(2) If a council or local government subsidiary is satisfied, on
certification in writing from the CEO or chief executive, that an asset
has been misappropriated, destroyed, damaged beyond
economical repair or cannot be found, the council or local
government subsidiary may authorise the writing off of the asset in
the accounts of the council or local government subsidiary.
(3) Certification from the CEO or chief executive under this regulation
must be accompanied by:
(a) subject to subregulation (4) – a report detailing the
improvements to internal controls to avoid the write off of
money or assets of the type detailed in the certificate in the
future; and
(b) if required to be reported under regulation 27 – a statement
that the misappropriation, loss, destruction or damage has
been reported to the Police Force of the Northern Territory.
(4) The report mentioned in subregulation (3)(a) is not required if an
asset has been written-off because of normal wear and tear of the
asset.
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Part 2 Accounting
Division 10 Rates
Local Government (General) Regulations 2021 16
Division 10 Rates
29 Assessment record and record of rates
(1) Before a council adopts its budget for a financial year, the CEO
must:
(a) check all available records to ensure that all rateable land is
recorded in the assessment record; and
(b) certify, in writing, to the council that, to the best of the CEO's
knowledge, information and belief, the assessment record is a
comprehensive record of all rateable land within the area.
(2) The CEO must keep a rates record containing, for each allotment of
rateable land, particulars of:
(a) all rates and charges levied on the allotment; and
(b) the interest imposed; and
(c) the amount of rates written off (if any); and
(d) the amount of payments made; and
(e) any rates concessions granted on the allotment.
30 Form of rates notice
A rates notice must contain:
(a) the name of the ratepayer to whom the notice is addressed;
and
(b) the number and description of the allotment to which the
notice relates; and
(c) particulars of the amount payable (including any interest and
penalties accrued or imposed up to the date of the notice);
and
(d) the basis of calculation of the rates (including, where relevant,
the valuation); and
(e) a description of the ways to make payment; and
(f) a short statement of the consequences of a failure to pay by
the due date; and
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Part 2 Accounting
Division 11 Debts
Local Government (General) Regulations 2021 17
(g) a statement setting out how to apply for the correction of an
entry in the assessment record.
Note for regulation 30
See sections 242(3) and 243(2) of the Act for the requirements for a rates notice.
Division 11 Debts
31 Debt record
(1) The CEO of a council or chief executive of a local government
subsidiary must ensure that proper records are kept of debts owed
to the council or local government subsidiary.
(2) The records must be kept in an electronic form and must be
capable of being arranged:
(a) according to the category of the debt (distinguishing in
particular between debts for, or related to, rates and other
debts); and
(b) according to the age of the debt.
32 Writing off debts
(1) A council or local government subsidiary may, by resolution, write
off unpaid rates or some other debt owed to the council or local
government subsidiary.
(2) However, a resolution is not to be passed by a council or local
government subsidiary unless the CEO or chief executive certifies
in writing:
(a) if the debt is for rates owed to the council – that there is some
doubt whether the rates were properly imposed, or are
recoverable at law, or it would be impracticable or
uneconomical to recover the rates; or
(b) if the debt falls within some other category – that the CEO or
chief executive has made all reasonable efforts to recover the
debt and it is not reasonably possible to recover it.
(3) The writing off of a debt under this regulation does not prevent the
council or local government subsidiary from subsequently taking
action for the recovery of the debt.
-- 23 of 79 --
Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 18
Division 12 Quotations and tenders for supplies
Notes for Division 12
1 A cost specified in this Division is exclusive of GST.
2 A price specified in this Division is inclusive of GST.
Subdivision 1 General requirements
Note for Division 12, Subdivision 1
A council may delegate its power to enter into contracts below the threshold
value under section 40(3)(f) of the Act.
33 Procurement policy
(1) A council must, by resolution, adopt a policy for the procurement of
supplies that takes into account the following principles:
(a) the enhancement of the capabilities of local enterprises and
industries;
(b) the employment of Aboriginal people;
(c) ethical behaviour and fair dealings;
(d) environmental protection and sustainability;
(e) open and effective competition;
(f) value for money;
(g) any other principle the council considers appropriate.
(2) A local government subsidiary must, by resolution, adopt a
procurement policy that takes into account the principles set out in
subregulation (1).
34 Quotations
(1) Subject to the council's or local government subsidiary's policies, a
council or local government subsidiary need not obtain quotations
for the provision of supplies if the cost of the supplies is less than
$10 000.
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 19
(2) If a council or local government subsidiary proposes to obtain
supplies at a cost of $10 000, but not more than $100 000, the
council or local government subsidiary must obtain:
(a) quotations from at least 3 possible suppliers and the council or
local government subsidiary may only accept a quotation for
the provision of supplies from among those who submitted
quotations; or
(b) public quotations under regulation 35; or
(c) tenders under regulation 36.
(3) If it is not practicable to obtain quotations from 3 possible suppliers
under subregulation (2)(a), the council or local government
subsidiary must obtain as many as practicable and must record in
writing its reasons for not obtaining the 3 quotations.
35 Public quotations
(1) This regulation applies if a council or local government subsidiary
elects to obtain public quotations under regulation 34(2)(b) or
subregulation (2)(a).
(2) If a council or local government subsidiary proposes to obtain
supplies at a cost of more than $100 000, but not more than
$150 000, the council or local government subsidiary must:
(a) make a public request for quotations from suppliers by notice:
(i) in relation to a council – published on the council's
website; or
(ii) in relation to a local government subsidiary – published
on the local government subsidiary's website; or
(b) obtain tenders under regulation 36.
(3) The notice specified in subregulation (2)(a) must contain a
statement to the effect that notice of the successful quotation will be
published on the council's or local government subsidiary's website.
(4) The council or local government subsidiary must allow at least
5 business days for the receipt of quotations after giving the notice
specified in subregulation (2)(a).
(5) The council or local government subsidiary:
(a) may only accept a quotation for the provision of supplies from
among those that submitted quotations; and
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 20
(b) must record the reason for the acceptance of the quotation in
writing.
(6) If a council or local government subsidiary accepts a quotation for
the provision of supplies under this regulation, it must:
(a) accept the quotation by written notice to the supplier who
submitted the successful quotation; and
(b) give notice of the successful quotation:
(i) in writing to each other supplier who submitted a
quotation; and
(ii) by publishing the notice on the council's or local
government subsidiary's website.
(7) Notice for subregulation (6)(b) must include:
(a) the name of the supplier who submitted the successful
quotation; and
(b) the supplies to be provided; and
(c) the quotation price.
36 Tenders by council or local government subsidiary
(1) This regulation applies if a council or local government subsidiary:
(a) elects to obtain tenders under regulation 34(2)(c) or 35(2)(b);
or
(b) proposes to obtain supplies at a cost of more than $150 000.
(2) The council or local government subsidiary must first call for
tenders for the provision of those supplies by notice:
(a) in relation to a council – published on the council's website; or
(b) in relation to a local government subsidiary – published on the
local government subsidiary's website.
(3) The notice must contain a statement to the effect that notice of the
successful tender will be published on the council's or local
government subsidiary's website.
(4) The council or local government subsidiary must allow at least
5 business days for the receipt of tenders after giving the notice
specified in subregulation (2).
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 21
(5) A tender received in response to the notice must be assessed:
(a) for a council – by a panel that includes at least 3 members of
the staff of the council or another council or the staff of a local
government subsidiary; or
(b) for a local government subsidiary – by a panel that includes at
least 3 members of the staff of the local government
subsidiary or a constituent council of the local government
subsidiary.
(6) The panel is to be convened by the CEO or chief executive and has
the following functions:
(a) to consider the tenders received in response to the notice;
(b) to provide a report, in writing, to the CEO or chief executive in
relation to the tenders.
(6A) The report mentioned in subregulation (6)(b) is to contain the
information required by the council.
(7) The CEO or chief executive may not be a member of a panel the
CEO or chief executive has convened under subregulation (6).
(8) After receiving a report under subregulation (6)(b), the CEO or chief
executive must:
(a) in relation to a council – table the report within 2 meetings of
the council; or
(b) in relation to a local government subsidiary – provide the
report to the subsidiary within a reasonable time.
(9) The council or local government subsidiary may only accept a
tender for the provision of supplies:
(a) from among those that submitted tenders; and
(b) after receiving the report from the CEO or chief executive
under subregulation (8).
(10) If a council or local government subsidiary accepts a tender for the
provision of supplies to the council or local government subsidiary,
it must:
(a) accept the tender by written notice to the person who
submitted the successful tender; and
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 22
(b) give notice of the successful tender:
(i) in writing to each other person who submitted a tender;
and
(ii) by publishing the notice on the council's or local
government subsidiary's website.
(11) Notice for subregulation (10)(b) must include:
(a) the name of the supplier who submitted the successful tender;
and
(b) the supplies to be provided; and
(c) the tender price.
37 Obtaining and keeping of quotations and tenders
A council or local government subsidiary must:
(a) obtain all quotations and tenders received under this
Subdivision in writing; and
(b) keep the quotations and tenders in an electronic form in the
council's or local government subsidiary's record management
system.
38 Quotations and tenders not required in certain circumstances
(1) A quotation or tender is not required for the provision of a supply
consisting of, or related to, any of the following:
(a) the purchase of land, including the leasing or licensing of land;
(b) a contract for legal services;
(c) the acquisition of insurance entered into through a broker;
(d) the renewal of an existing licence;
(e) education or training in relation to existing equipment,
licences, qualifications or software from a supplier endorsed
by the supplier of the equipment, licence, qualification or
software;
(f) a telecommunications service if:
(i) the supply is ancillary to an existing telecommunications
service; and
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 23
(ii) the council or local government subsidiary believes on
reasonable grounds that it is necessary to obtain the
supply from the supplier of the existing service;
(g) recovery work during or immediately after a natural disaster
and the council or local government subsidiary believes on
reasonable grounds that it is necessary to obtain the supply
from a particular supplier;
(h) the acquisition of a supply from a supplier if the council or
local government subsidiary believes on reasonable grounds
that it is unlikely that there is more than one supplier of the
supply;
(i) the acquisition of a supply from a supplier if a Commonwealth
or Territory funding agreement entered into by the council or
local government subsidiary states that a particular supplier is
to provide the supply;
(j) the acquisition of a supply from a particular supplier that is the
only feasible option because of an event that caused major
disruption to the council or local government subsidiary;
(k) the acquisition of a supply where:
(i) obtaining a quotation or tender for the supply would
cause major operational inconvenience or have other
serious consequences of a similar nature for the council
or local government subsidiary; and
(ii) the council or local government subsidiary has not had
prior opportunity to obtain a quotation or tender for the
supply;
(l) a contract variation mentioned in regulation 42(4).
Examples for subregulation (1)(g)
Natural disasters include cyclones, floods and bushfires.
Example for subregulation (1)(j)
A public health emergency declared under the Public and Environmental Health
Act 2011.
(2) If a council or local government subsidiary obtains any supply
mentioned in subregulation (1), excluding the supply mentioned in
subregulation (1)(a), (b), (c) or (l), the council or local government
subsidiary must record the following information in relation to the
provision of the supply:
(a) the name of the supplier;
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 24
(b) the supply provided;
(c) the cost of the supply;
(d) the applicable provision of subregulation (1) relating to the
provision of the supply;
(e) if the supply is mentioned in subregulation (1)(f) or (g) – the
reason that the council or local government subsidiary
believed on reasonable grounds that it was necessary to
obtain the supplies from the particular supplier;
(f) if the supply is mentioned in subregulation (1)(h) – the reason
that the council or local government subsidiary believed on
reasonable grounds that it was unlikely that there was more
than one supplier of the supply;
(g) a description of the circumstances relevant to the provision of
the supply;
(h) any other information relevant to the provision of the supply.
(3) If a council or local government subsidiary obtains any supply
mentioned in subregulation (1), excluding the supply mentioned in
subregulation (1)(a), (b), (c) or (l), and the cost of the supply is
more than $100 000, the council or local government subsidiary
must publish a notice on the council's or local government
subsidiary's website specifying the following information in relation
to the provision of the supply:
(a) the name of the supplier;
(b) the supply provided;
(c) the cost of the supply;
(d) the applicable provision of subregulation (1) relating to the
provision of the supply.
39 Quotations and tenders not required in relation to particular
entities
(1) Subject to any contrary direction by the council or local government
subsidiary, a quotation or tender is not required if the supply is to be
obtained:
(a) from the Territory, the Commonwealth, a State or another
Territory; or
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 25
(b) under a contract to which the Territory, the Commonwealth, a
State or another Territory is a party and the council or local
government subsidiary is a beneficiary to the contract; or
(c) from another council; or
(d) for a local government subsidiary – from a constituent council
of the local government subsidiary; or
(e) for a constituent council of a local government subsidiary –
from the local government subsidiary; or
(f) under a contract that is facilitated by a procurement entity.
(2) The CEO of the Agency may approve, with or without conditions, an
entity to be a procurement entity.
(3) The list of procurement entities approved by the CEO of the Agency
must be published on the Agency's website.
40 Period contract
(1) If a council or local government subsidiary obtains supplies under a
period contract for a period that is more than one financial year, the
threshold amounts for quotations or tenders are taken to be:
(a) the highest cost stated in the contract for any given financial
year; or
(b) otherwise – the council's or local government subsidiary's
highest annual budget for the supply in any given financial
year.
Example for subregulation (1)(a)
A council intends to enter into a contract on 1 January 2022 for maintenance
services for $180 000 (exclusive of GST) for 2 years. The contract identifies the
costs to be:
(a) for 1 January 2022 to 30 June 2022 – $45 000; and
(b) for 1 July 2022 to 30 June 2023 – $90 000; and
(c) for 1 July 2023 to 31 December 2023 – $45 000.
The relevant threshold amount is the amount in paragraph (b).
Example for subregulation (1)(b)
A council intends to enter into a contract on 1 January 2022 for office cleaning
services for 2 years up to a spending limit. There is no fixed cost of the contract
and the contract is based on a schedule of rates (which includes an hourly rate
for cleaning). The schedule must be converted to a budgeted spend for the
2021-2022, 2022-2023 and 2023-2024 financial years.
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 26
If the council's highest annual budget for the supply is in 2022-2023, the amount
for this financial year is the relevant threshold amount.
(2) The threshold amount for subregulation (1)(b) is determined by
converting a schedule of rates to an annual budget for the supply.
41 Contract with option to extend
If a council or local government subsidiary intends to enter into a
contract for supplies that contains an option for either party to
extend the contract, the calculation of the threshold amounts for
quotations or tenders are calculated to assume the option is
exercised.
Example for regulation 41
A council intends to enter into a 1 month contract on 1 January 2022 to obtain
roadwork services for $60 000 (exclusive of GST), with an option for the council
to extend the contract for an additional 2 months at the same monthly rate. The
relevant threshold amount for the financial year would be $180 000 and the
council is required to call for tenders under regulation 36.
42 Contract variations
(1) If a council or local government subsidiary intends to enter into a
contract and the contract is proposed to be varied in a manner that
changes the cost of the supplies, the council or local government
subsidiary may choose to accept that variation if the variation is
within the scope of the original contract.
(2) The council's or local government subsidiary's acceptance of the
variation must be in writing.
(3) If the varied contract is entered into after a quotation under
regulation 34 has been accepted and the total cost of supplies
exceeds $100 000 but is less than $150 000, the council or local
government subsidiary must:
(a) table a report on the contract variation at the next meeting of
the council or local government subsidiary; and
(b) publish a notice of the contract variation on the council's or
local government subsidiary's website.
(4) If the varied contract is to be entered into after a quotation under
regulation 34 has been accepted or a public quotation under
regulation 35 has been accepted and the total cost of supplies
exceeds $150 000, the council or local government subsidiary:
(a) is not required to call for tenders under regulation 36 in
relation to the contract variation; and
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 1 General requirements
Local Government (General) Regulations 2021 27
(b) after entering into the varied contract, must:
(i) table a report on the contract variation at the next
meeting of the council or local government subsidiary;
and
(ii) publish a notice of the contract variation on the council's
or local government subsidiary's website.
(5) If the varied contract is entered into after a tender under
regulation 36 has been accepted and the total cost of supplies
exceeds the original tender cost by more than 10%, the council or
local government subsidiary must:
(a) table a report on the contract variation at the next meeting of
the council or local government subsidiary; and
(b) publish a notice of the contract variation on the council's or
local government subsidiary's website.
(6) A notice of a contract variation under this regulation must include
the following details:
(a) the name of the supplier that submitted the successful
quotation or tender;
(b) the supplies to be provided;
(c) the original contract cost of supplies;
(d) the total contract cost of supplies;
(e) the percentage increase between the original contract cost of
supplies and the total contract cost of supplies;
(f) the applicable provision of these Regulations relating to the
contract variation.
43 Determining cost of supplies
In determining the cost of supplies for this Subdivision:
(a) cost splitting is prohibited; and
(b) the cost cannot be offset in any way.
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 2 Collective procurement
Local Government (General) Regulations 2021 28
Subdivision 2 Collective procurement
44 Definitions
In this Subdivision:
collective procurement agreement, see regulation 45(2).
entity means a council or local government subsidiary.
procurement group, see regulation 45(1).
tender committee, means the committee provided for in the
collective procurement agreement under regulation 46(1)(e).
45 Collective procurement
(1) Two or more entities that propose to obtain supplies may form a
group (a procurement group) to act collectively for the purpose of
obtaining the supplies.
(2) Before commencing to act as a procurement group, the entities in
the group must enter into a written agreement (a collective
procurement agreement) setting out the arrangements for the
collective procurement by the group.
(3) If a procurement group complies with this Subdivision in relation to
obtaining supplies, a council that is in the group is not required to
separately comply with Subdivision 1 in relation to obtaining those
supplies.
46 Collective procurement agreement
(1) A collective procurement agreement must set out:
(a) the entities that constitute the group; and
(b) the supplies that are to be obtained; and
(c) which of the entities in the group is to be the lead entity for the
group; and
(d) any matters required for regulation 47(2)(b); and
(e) for regulation 47(3) – the individuals who are to constitute the
group's tender committee and the entity the individuals
represent; and
(f) the decision making process for acceptance of quotations or
tenders for the group; and
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Part 2 Accounting
Division 12 Quotations and tenders for supplies
Subdivision 2 Collective procurement
Local Government (General) Regulations 2021 29
(g) how administrative and other expenditure associated with the
collective procurement are to be allocated between the
members of the group; and
(h) the process for settling disputes between the entities in the
group about the collective procurement; and
(i) the process by which the agreement may be terminated.
Examples for subregulation (1)(f)
Whether the decision to accept a quotation for the group is to be made by the
lead entity on behalf of the group, by unanimous agreement of all entities in the
group, by majority vote of the entities in the group, or in some other way.
(2) For subregulation (1)(e):
(a) the committee must include at least 3 people representing at
least one entity each, with each entity represented; and
(b) a member of the committee may be identified by name or as
the person from time to time holding or occupying a named
office, designation or position.
Note for subregulation (2)(a)
An individual may represent more than one entity.
(3) A copy of the collective procurement agreement must be made
available to a prospective supplier on request.
47 Collective procurement procedure
(1) Subject to this regulation, Subdivision 1, except regulation 36(5),
(6), (7), (8) and (9), applies in relation to the obtaining of supplies
by a procurement group as if the group were a council or local
government subsidiary.
(2) Subject to subregulations (4) and (5), the group's functions under
those provisions must be exercised:
(a) by the lead entity on behalf of the group; or
(b) if the collective procurement agreement provides for a function
to be exercised in a different way – in the way provided in the
agreement.
(3) If the procurement group is required to call for tenders for a
contract, a tender received in response to the call must be
accessible to each member of the group's tender committee as
soon as practicable after the period for the receipt of tenders has
expired.
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Part 2 Accounting
Division 14 Information to be publicly available
Local Government (General) Regulations 2021 30
(4) The decision as to which (if any) quotation or tender is accepted
must be made in accordance with the collective procurement
agreement.
(5) A notice under regulations 35(6)(b) and 36(10)(b) must:
(a) be given and published by each entity; and
(b) include a list of all entities; and
(c) specify the total amount of each entity's contribution to the
quotation or tender price.
Division 13 Requests for information
48 Requests for information
(1) A recognised authority may, in writing, request a council or local
government subsidiary to provide the recognised authority with
information in relation to any of the following in a manner and by the
date specified in the request:
(a) the administration of the Act;
(b) the council's or local government subsidiary's powers and
functions under the Act or another Act.
(2) The council or local government subsidiary must respond to a
request for information by the date specified in the request made
under subregulation (1).
(3) In this regulation:
recognised authority means:
(a) the Minister; or
(b) an Agency or other authority of the Territory or the
Commonwealth.
Division 14 Information to be publicly available
49 Information to be publicly available
The material specified in Schedule 1 is to be available on the
council's and local government subsidiary's website and at the
council's public office, subject to the corresponding conditions
specified in Schedule 1.
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Part 3 Administration
Division 2 Confidential information and business
Local Government (General) Regulations 2021 31
Part 3 Administration
Division 1 Meetings
50 Public access to meetings
(1) A meeting of a council, council committee or local authority must be
held in a place where the public may access the place for the
purpose of attending the meeting.
(2) Despite subregulation (1), if all members of the council, council
committee or local authority are attending a meeting by means of
an audio or audiovisual conferencing system, the meeting must be
accessible to the public by means of the audio or audiovisual
conferencing system.
Division 2 Confidential information and business
51 Confidential information
(1) For section 293(1) of the Act, the following information is prescribed
as confidential:
(a) information about the employment of a particular individual as
a member of the staff or possible member of the staff of the
council that could, if publicly disclosed, cause prejudice to the
individual;
(b) information about the personal circumstances of a resident or
ratepayer;
(c) information that would, if publicly disclosed, be likely to:
(i) cause commercial prejudice to, or confer an unfair
commercial advantage on, any person; or
(ii) prejudice the maintenance or administration of the law;
or
(iii) prejudice the security of the council, its members or
staff; or
(iv) subject to subregulation (3) – prejudice the interests of
the council or some other person;
(d) information subject to an obligation of confidentiality at law, or
in equity;
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Part 3 Administration
Division 2 Confidential information and business
Local Government (General) Regulations 2021 32
(e) subject to subregulation (3) – information provided to the
council on condition that it be kept confidential and would, if
publicly disclosed, be likely to be contrary to the public
interest;
(f) subject to subregulation (2) – information in relation to a
complaint of a contravention of the code of conduct.
Example for subregulation (1)(d)
Information that may be subject to legal professional privilege.
(2) For subregulation (1)(f), the following information is no longer
confidential after the complaint has been decided:
(a) a decision notice in relation to the complaint;
(b) a report of proceedings or findings of the complaint including a
summary of decision under regulation 80 or 81.
(3) Information mentioned in subregulation (1)(c)(iv) and (e) does not
prejudice the interests of the council or some other person or is not
contrary to the public interest if the information, if publicly disclosed,
only causes:
(a) embarrassment to the council, members or the council's staff;
or
(b) a loss of confidence in the council; or
(c) discussion of a matter that is controversial in the council area;
or
(d) the council to be susceptible to adverse criticism.
52 Closure of meetings for confidential business
For section 99(2) of the Act, business involving the discussion of
confidential information is prescribed as confidential business.
53 Policy for confidential information and business
(1) A council must, by resolution, adopt a policy in relation to
confidential information and business.
(2) The policy must deal with the following:
(a) the type of confidential information that should no longer be
confidential after a specified period of time;
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Part 3 Administration
Division 3 Records
Local Government (General) Regulations 2021 33
(b) the type of confidential information that should be subject to
periodic review to determine if it should no longer be
confidential.
(3) At the conclusion of the consideration of confidential business at a
meeting, the council must decide, in accordance with its policy,
whether the type of confidential information considered is the type
mentioned in subregulation (2)(a) or (b).
Division 3 Records
54 Council's records
(1) The primary records of a council are:
(a) the agenda and minutes of meetings of the council, local
authorities, audit committees and council committees; and
(b) minutes of meetings of electors; and
(c) the council's by-laws; and
(d) the council's annual municipal, regional or shire plans
(including the council's annual budgets, long-term financial
plans and amendments to the council's annual budgets and
long-term financial plans); and
(e) the council's annual reports (including the council's annual
financial statements); and
(f) the register of annual returns of interests; and
(g) the register of declared gifts and benefits; and
(h) the register of declared conflicts; and
(i) the registers referred to in regulation 55; and
(j) any other documents necessary for an understanding of the
council's policies and operations.
(2) A council's secondary records consist of other documents
generated or received in the course of the council's operations.
55 Council to keep registers
(1) A council must keep a register referencing all documents executed
under the council's common seal.
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Part 3 Administration
Division 3 Records
Local Government (General) Regulations 2021 34
(2) A council must keep a register of correspondence referencing all
correspondence addressed to, or sent by, the council or its principal
member.
(3) A council must keep a register of the following information in
relation to each member of the council:
(a) the member's name;
(b) whether the member was appointed or elected to the council;
(c) the date the member was appointed or the date the member
was elected;
(d) the ward the member represents (if applicable);
(e) whether the member is a principal member, deputy principal
member or ordinary member of the council;
(f) if the member's type of membership changes during the
member's membership – the date the type of membership
changed, whether the member was appointed or elected to
the changed type of membership and the date of the
appointment or election;
(g) the date of the cessation of the member's membership (if
applicable).
(4) For subregulation (3)(f), if a member is appointed to act in a
position or has been appointed to a position for an interim period,
that information does not need to be kept in the register.
56 Matters for register of declared conflicts
(1) This regulation applies if a member is given approval under
section 115(3) of the Act.
(2) For section 116(2)(d) of the Act, the register of declared conflicts
must set out the date the member is given the approval and any
conditions on which the approval is given.
57 Register of declared conflicts – disclosures by other members
The CEO must maintain in the register of declared conflicts the
disclosures of a conflict of interest by a member of an audit
committee, council committee or local authority.
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58 Review of register of declared conflicts
The CEO must update the register of declared conflicts within
10 business days after a meeting in which a conflict is declared.
59 Contents of minutes of meetings
For section 101(2)(a)(iv) of the Act, the minutes of a meeting of an
audit committee, a council, a council committee and a local
authority must include the following information:
(a) the date, time and place of the meeting (including the time of
opening and closing the meeting);
(b) if the meeting is closed to the public – the time or times of the
closure and the reasons for the closure;
(c) the motions (including motions for amendments to motions)
moved at the meeting and the names of the mover and
seconder of each motion;
(d) how the meeting deals with each motion;
(e) if the meeting is adjourned – the date, time and place to which
the meeting is adjourned;
(f) for a meeting of a council – any council resolutions that take
place at the meeting;
(g) the following details:
(i) if a member arrives at the meeting later than its time of
opening – the time the member arrived at the meeting;
(ii) if a member departs from the meeting earlier than its
time of closing – the time the member departed the
meeting;
(iii) if a member departs from the meeting earlier than its
time of closing and returned to the meeting – the time
the member returned to the meeting;
(h) if any confidential business was considered at a meeting – the
name and position of each person who attended the meeting.
Note for paragraph (g)
The time of the opening or closing of a meeting is the actual time of the opening
or closing of the meeting, not the scheduled time of the opening or closing of the
meeting.
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60 Custody of records
(1) The CEO is responsible for ensuring the proper custody of the
council's records and the chief executive is responsible for ensuring
the proper custody of a local government subsidiary's records.
(2) The CEO or chief executive must ensure that the council's or the
local government subsidiary's records are properly filed and
indexed to facilitate access.
61 Access to records
(1) Access is to be allowed to a council's or a local government
subsidiary's records:
(a) as authorised or required by the Act or any other law in force
in the Territory; or
(b) as required for the conduct of the council's or the local
government subsidiary's business or the proper discharge by
members of the audit committee, council, local authority, and
council committee of their duties.
(2) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in another person accessing a council's or
a local government subsidiary's records in contravention of
subregulation (1).
Maximum penalty: 50 penalty units.
62 Disposal and destruction of records
(1) A council may, not less than 6 years after the date of the last entry
in a primary record, lodge that record with Northern Territory
Archives.
(2) A council may destroy or dispose of a secondary record if:
(a) the record is no longer required for the conduct of the affairs of
the council; and
(b) the record is not required for audit purposes.
(3) A person commits an offence if:
(a) a person intentionally engages in conduct; and
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(b) the conduct results in the destruction, damage or removal
from the council's custody or the concealment of:
(i) a primary record of the council; or
(ii) a secondary record of the council that is required for the
conduct of the affairs of the council or for audit purposes.
Maximum penalty: 50 penalty units.
Note for regulation 62
See Part 9 of the Information Act 2002 for further requirements regarding
records.
Division 4 Urban farm land
63 Urban farm land
(1) For section 221(2)(b) of the Act, a prescribed business or industry
is the business or industry of:
(a) breeding, raising or keeping livestock; or
(b) the growing of fruit, vegetables or other crops.
(2) In this regulation:
livestock includes poultry, bees, fish, reptiles and crustaceans.
Division 5 Construction and closing of roads
64 Permanent closure of road
(1) For section 272(2)(a) of the Act, a council must give public notice of
a proposal to permanently close a road before submitting the
proposal to the Minister for consent.
(2) The proposal (which must include a plan delineating the proposed
road to be closed with reasonable accuracy and detail):
(a) must be accessible on the council's website; and
(b) must be available for inspection by interested members of the
public at the council's public office; and
(c) must be published in a newspaper circulating generally in the
area.
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(3) The notice must include an invitation to any person who may object
to the proposal to lodge a written objection to the proposal to the
council within a reasonable period (at least 28 days) stated in the
notice.
(4) The council must consider any objections lodged in accordance
with the invitation.
(5) If, after publishing a notice under this regulation, the council
substantially modifies its proposal (either as a result of objections or
for some other reason), the council must publish a fresh notice
under this regulation of the modified proposal.
(6) When the council submits a proposal to the Minister for consent,
the proposal must be accompanied by:
(a) a report setting out the steps taken by the council to comply
with this regulation; and
(b) copies of written objections (if any) received by the council to
its proposal.
(7) The council must publish a notice in the Gazette specifying the
details of the road that is permanently closed as soon as
practicable after closing the road.
Division 7 Code of conduct
71 Prescribed code of conduct
For section 120 of the Act, the code of conduct in Schedule 1A is
prescribed.
Part 4 Municipal parking rate
82 Definitions
In this Part:
Central Darwin, see regulation 83.
land includes buildings, but does not include land owned by the
Commonwealth.
municipal parking rate, see section 240(1) of the Act.
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parcel of land means a parcel of land comprised in a single lot
registered under the Land Title Act 2000 or, if the owner has
developed 2 or more adjacent lots as a single entity, the land
comprised in those adjacent lots.
parking usage schedule means the parking usage schedule
prepared under regulation 86 and includes a parking usage
schedule in relation to a particular parcel of land prepared under
regulation 92(3).
shortfall, in relation to a parcel of land, means the number by
which the number of parking spaces referred to in regulation 86(g)
in respect of the parcel of land falls short of the number referred to
in regulation 86(f) in respect of that parcel.
use, in relation to land, means the purpose for which the land is
used, classified in accordance with the table in Schedule 3.
vehicle means a motor vehicle as defined in section 5(1) of the
Motor Vehicles Act 1949.
83 Meaning of Central Darwin
Central Darwin means the area of the municipality of the City of
Darwin shown within the dotted line delineated on the plan in
Schedule 2.
84 Application of Part
(1) For section 240(3) of the Act, the municipality for which a municipal
parking rate may be imposed is the municipality of Darwin.
(2) The City of Darwin may impose a municipal parking rate for the
land in Central Darwin in accordance with the requirements in this
Part.
Note for subregulation (2)
Section 240(1) of the Act provides that a council for a municipality may, by
resolution, impose a municipal parking rate in accordance with any requirements
prescribed by regulation.
85 Trading fund
(1) The council must establish a trading fund for the provision,
operation and maintenance of land, facilities, services and
improvements in relation to the parking of vehicles in Central
Darwin.
(2) The proceeds of a municipal parking rate levied under this Part
must be applied by the council to the trading fund.
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86 Parking usage schedule
In calculating the municipal parking rate payable by the owner or
occupier of land, the CEO must, in June each year, prepare a
parking usage schedule setting out the following:
(a) particulars of each parcel of land in Central Darwin;
(b) if the land is rateable land – the name of the person entered in
the assessment record as owner or occupier of the land;
(c) if the land is not rateable land – the name of the person who,
in the opinion of the CEO, would be liable to pay rates if the
land were rateable land;
(d) if the land is in use – the use or uses of the land, and the area
allocated to that use or each of those uses;
(e) if the land is not in use – the authorised use established by
reference to:
(i) a certificate issued under section 140 of the Planning
Act 1999 or saved under section 179 of that Act or the
most recent development permit under that Act in
relation to the land; or
(ii) if no certificate or development permit is issued or saved
under the Planning Act 1999 in relation to the land – the
development provisions under that Act in relation to the
land;
(f) the number of parking spaces which should, in accordance
with Schedule 3, be provided on the land having regard to the
use or uses to which the land is put;
(g) the number of parking spaces calculated in accordance with
the requirements of Schedule 4 which are on the land, and
which are available for use for the parking of vehicles;
(h) if a parking usage schedule has been prepared under
regulation 92(3) in relation to a change or event referred to in
regulation 92(1)(b) – the date on which the change or event
occurred.
87 Notification of parking usage schedule
(1) The CEO must, by 1 July in each year:
(a) give notice that a parking usage schedule has been prepared;
and
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(b) give notice that the place and times at which the parking
usage schedule may be inspected; and
(c) state the date, being not less than 28 days after the date of
publication of the notice, in which a review may be lodged in
relation to the parking usage schedule.
(2) The notice given under subregulation (1) is by publication of the
notice:
(a) on the council's website; and
(b) in a newspaper circulating in Darwin.
(3) A person may inspect the parking usage schedule free of charge.
88 Review or correction of error
(1) This regulation applies in relation to:
(a) a person named in the parking usage schedule as the owner
or occupier of a parcel of land; or
(b) a person who is liable for the payment of the municipal parking
rate in respect of a parcel of land.
(2) The person may, before the date specified in the notice published
under regulation 87, by written notice to the council, apply for a
review in relation to an entry in the parking usage schedule on the
following grounds:
(a) that the person is not the person liable to pay the municipal
parking rate in respect of the parcel of land;
(b) that, in relation to land in respect of which the person is liable
to pay the municipal parking rate, the parking usage schedule
contains an error or omission which affects the calculation of
the parking spaces which should be provided on the land;
(c) that the number of parking spaces on the land is greater than
that stated in the parking usage schedule;
(d) that the parking usage schedule otherwise contains an error
which affects the calculation of the municipal parking rate
payable.
(3) The CEO may:
(a) decide the application lodged under subregulation (2); or
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(b) refer the application lodged under subregulation (2) to the
council or council committee to decide.
(4) The CEO, council or council committee may, in writing, request
further information from the person in relation to the application.
(5) The request under subregulation (4) must be made as soon as
practicable but no later than 90 days after receiving the application.
(6) The CEO must give the person a decision notice for the application
and notify the person of the date the decision takes effect:
(a) as soon as practicable but no later than 90 days after
receiving the application; or
(b) if the CEO, council or council committee has requested further
information under subregulation (4) – as soon as practicable
but no later than 90 days after receiving the information or
notification that the applicant cannot provide the information.
(7) A decision under subregulation (6) is reviewable.
(8) The person continues to be liable for the payment of the municipal
parking rate according to the parking usage schedule despite the
lodgement of an application under subregulation (2).
(9) However, the person is entitled to the difference in municipal
parking rates amounts if:
(a) as a result of a review of or correction to the parking usage
schedule, the difference in rates amounts to an entitlement;
and
(b) person has paid to the council the amount of the difference
before the result of the review of or correction to the parking
usage schedule.
89 Calculation of municipal parking rate
(1) The figures set out in the parking usage schedule are to be used as
the basis for the calculations made under this regulation.
(2) Subject to regulation 92, the payment to be made by a person liable
to pay the municipal parking rate in respect of a parcel of land is to
be calculated to the nearest whole number in accordance with the
formula:
A = B x (C1 – C2)
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where:
A is the amount payable.
B is the municipal parking rate, expressed as an amount in respect
of a parking space.
C1 is the number listed in respect of that parcel under
regulation 86(f).
C2 is the number listed in respect of that parcel under
regulation 86(g).
(3) Subject to regulation 92, the fact that part of any land is not
occupied for all or any part of a year does not affect the liability of
the person to pay the municipal parking rate.
(4) If a calculation of the municipal parking rate payable by a person in
respect of a parcel of land shows that the total of the numbers listed
in respect of that parcel under regulation 86(g) equals or exceeds
the number listed under regulation 86(f) in respect of that parcel:
(a) no amount shall be payable in accordance with
subregulation (2); and
(b) the council must not be liable to make any payment to that
person; and
(c) the operation of regulation 96 is not affected in relation to the
municipal parking rate payable by that person in relation to
any other parcel of land.
90 Levying of municipal parking rate
A municipal parking rate is levied by the CEO serving a rates notice
on a person liable to pay the municipal parking rate.
91 Payment of amounts in advance
(1) The council may enter into an agreement with a person liable to pay
the municipal parking rate for the payment of the municipal parking
rate in advance as an amount arrived at by multiplying the amount
determined by the council as appropriate to the term of the
agreement by the shortfall.
(2) The council may not determine an amount that discriminates
between persons liable to pay the municipal parking rate for
subregulation (1).
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92 Notification requirements if use of land changes
(1) A person commits an offence if:
(a) the person is liable to pay the municipal parking rate in relation
to a parcel of land in Central Darwin; and
(b) the person does not notify the CEO, as soon as possible, in
writing that:
(i) the use of the land has changed; or
(ii) a building on the land has been demolished; or
(iii) a building constructed on the land has been occupied,
whether in part or in full, or had an occupancy
certification under the Building Act 1993 issued for the
building; and
(c) the change in the use, demolition or occupation or issue of an
occupancy certification:
(i) occurred since the last notice under regulation 87 was
published; and
(ii) affects or is likely to affect the parking usage schedule
as it relates to the parcel of land.
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) If the CEO considers a change in use, demolition or occupation or
issue of an occupancy certification requires a parking usage
schedule for that parcel of land, the CEO must prepare a parking
usage schedule for that parcel of land setting out the information
required under regulation 86(a) to (h).
(4) The CEO must prepare the parking usage schedule within 28 days
after becoming aware of the change in use, demolition or
occupation or issue of an occupancy certification.
(5) The CEO must, as soon as practicable, give the person liable to
pay the municipal parking rate in relation to the parcel of land:
(a) a copy of the parking usage schedule prepared under
subregulation (3); and
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(b) a notice stating the date, being not less than 28 days after the
date of the notice is given to the person, in which a review
may be lodged in relation to the parking usage schedule.
93 Payment or refund because of adjustment
(1) A council must adjust the amount of the municipal parking rate
payable by the person if:
(a) a parking usage schedule has been prepared under
regulation 92(3) in relation to a change in the use of a parcel
of land; and
(b) an agreement has not been entered into under regulation 91;
and
(c) the year in relation to which the municipal parking rate applies
has not expired.
(2) The council must require the person pay an additional amount of
the municipal parking rate or refund to the person the difference
between the rates.
94 Agreement or payment if municipal parking rate adjusted to
increase shortfall
(1) This regulation applies if:
(a) there is an agreement between the council and a person in
relation to a parcel of land under regulation 91; and
(b) a parking usage schedule has been prepared under
regulation 92(3) which increases the shortfall in relation to the
parcel.
(2) The person may:
(a) enter into an agreement under regulation 91 in relation to the
person's additional liability; or
(b) pay the municipal parking rate in respect of the increased
shortfall annually.
95 Refund if municipal parking rate adjusted to decrease shortfall
(1) This regulation applies if:
(a) there is an agreement between the council and a person in
relation to a parcel of land under regulation 91; and
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(b) a parking usage schedule has been prepared under
regulation 92(3) which decreases the shortfall in relation to the
parcel.
(2) The council must, in relation to the unexpired portion of the term of
the agreement, refund to the person who entered into the
agreement the amount paid by the person in respect of the
decrease in the shortfall.
(3) The method of calculating the amount of the refund must be set out
in the agreement.
96 Rebates and exemptions
(1) The council may, with the approval of the Minister, exempt a person
or class of persons from the payment of the municipal parking rate
in respect of specified land or a specified class of land.
(2) The council may, by resolution, reduce the municipal parking rate
payable by a person in relation to a parcel of land (the first parcel
of land) if:
(a) the person is the owner or occupier in relation to another
parcel of land (the second parcel of land); and
(b) the second parcel of land is in the immediate vicinity of the
first parcel of land; and
(c) the person has provided for a number of parking spaces for
the second parcel of land; and
(d) if the second parcel of land is in Central Darwin – the number
of parking spaces equals or exceeds the aggregate number
listed in accordance with regulation 86(f) in the parking usage
schedule for the first parcel of land and the second parcel of
land; and
(e) if the second parcel of land is not in Central Darwin – the
number of parking spaces equals or exceeds the number
listed for the first parcel of land.
97 Usage of car parking spaces
(1) Subject to subregulation (3), a person commits an offence if:
(a) the person is an owner or occupier of a parcel of land in
Central Darwin; and
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(b) uses, causes or permits the parking space included in the
parking usage schedule for the parcel or land for a purpose
other than the parking of a vehicle; and
(c) the use, cause or permission of the parking space for a
purpose other than the parking of a vehicle results in the
number of parking spaces available for the parking of vehicles
to be less than the number listed under regulation 86(f) in that
parking usage schedule or the aggregate number for
regulation 96(2).
Maximum penalty: 20 penalty units.
(2) An offence against subregulation (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against
subregulation (1) for a defendant to prove that the use of the
parking space:
(a) was for a period of less than 48 hours and that no similar use
of that space had taken place during the previous 6 months; or
(b) resulted from the carrying out of emergency repairs to a
service to the land or adjacent land.
(4) Nothing in this regulation prevents the parking of a bicycle or a
powered cycle in a parking space.
Part 5 Miscellaneous matters
98 Prescribed corporation
For section 9 of the Act, LGANT Limited ACN 662 805 503 is the
prescribed corporation.
99 Timeframe for review of delegations
For section 41 of the Act, a council must review any delegations of
its functions and powers within 6 months after a general election for
the council.
100 Member indebted to the council
(1) This regulation applies if a member is indebted to the council and
has not discharged the debt within 3 months after the debt
becomes due and payable.
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(2) The CEO must notify the member, in writing, of the member's debt
to the council as soon as practicable after the CEO becomes aware
of the debt.
(3) The notification under subregulation (2) must include a statement
that if the member fails to discharge the debt within 6 months, the
member may be disqualified under section 47(1)(f) of the Act.
101 Absence without permission
(1) This regulation applies if a member is absent without the
permission of the council under section 47(1)(o) of the Act.
(2) At the first meeting that a member is absent from the meeting
without permission, the council must resolve that the member is
absent from the meeting without permission and the resolution must
refer to section 47(1)(o) of the Act.
(3) The CEO must notify the member, in writing, of the resolution within
7 days of the making of the resolution.
(4) The notification in subregulation (3) must include a copy of the
minutes and a statement that if the member is absent without
permission from the next ordinary meeting of the council, the
member may be disqualified.
(5) If the member is absent from the next ordinary meeting of the
council without permission, the council must resolve that the
member is absent from the meeting without permission and the
resolution must refer to section 47(1)(o) of the Act.
(6) However, nothing in this regulation prevents a council from revoking
a resolution made under it if the member provides a reason to the
council for the member's absence to the satisfaction of the council.
102 Timeframes for requirements for meetings
(1) For section 97(3)(c) of the Act, a notice convening a meeting of an
audit committee, a council committee or a local authority must be
given to the members of the audit committee, council committee or
local authority at least 3 business days before the date appointed
for the meeting.
(2) For section 97(3)(d) of the Act, a notice convening a meeting of an
audit committee, a council committee or a local authority must be
accessible on the council's website at least 3 business days before
the date appointed for the meeting.
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103 Notice requirements for meeting of council committee or local
authority
(1) This regulation applies if a meeting of a council committee or a local
authority is convened by the CEO under section 97 of the Act.
(2) The agenda for the meeting must include any business papers to
be considered at the meeting (including any business papers for
confidential business).
(3) If business that deals with confidential information is to be
considered at the meeting, the notice of the convening of the
meeting must contain a statement of that fact and the provision of
the Act or these Regulations under which the information is
confidential.
(5) If the business papers considered at the meeting are different to the
business papers published for the meeting, the business papers
considered at the meeting must be published on the council's
website at the same time the minutes of the meeting are published
under section 102(2) of the Act.
(6) If any other papers or documents are considered at a meeting that
have not been published for the meeting, the papers or documents
must be published on the council's website at the same time the
minutes of the meeting are published under section 102(2) of the
Act.
Note for regulation 103
Information may be suppressed from the material that is made publicly available
because the information is confidential (see section 293 of the Act and
regulation 51).
104 Notice requirements for meeting of audit committee
(1) This regulation applies if a meeting of an audit committee is
convened by the CEO under section 97 of the Act.
(2) Any business papers to be considered at the meeting (including any
business papers for confidential business) must be given to the
members of the audit committee at least 3 days before the date of
the meeting.
105 Notice of postponement of meeting
(1) For section 100(5) of the Act, a notice of the postponement of a
meeting and of the time and place to which the meeting has been
postponed must be published on the council's website at least one
business day within the date of the meeting being postponed.
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(2) If the meeting is postponed to the following day, the notice must be
published at least 4 hours before the time appointed to the meeting.
106 Annual return of interests – members
(1) This regulation applies to a member of a council.
(2) For section 110(1) of the Act, the following details are prescribed:
(a) if the person has a shareholding in a public or private
company (including a holding company) – the name of the
company;
(b) if the person has an interest as a trustee or beneficiary in a
family or business trust (but not an interest as a trustee in a
trust in which neither the person, nor any associate of the
person, is a beneficiary, or an interest in a land trust under the
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) –
the name of the trust, the nature of its operation and the
nature of the interest;
(c) if the person has an interest as an owner of real estate – the
location (suburb or area only) and the purpose for which it is
owned;
(d) if the person has an interest in a registered company
directorship – the name of the company;
(e) if the person has an interest in a partnership – the name of the
partnership, the nature of the interest and the activities of the
partnership;
(f) if the person is a member of a political party or body – the
name of the party or body;
(g) if the person has membership in an organisation for which a
conflict of interest with the person's duties could foreseeably
arise or be seen to arise – the name of the organisation;
(h) if the person has any other interest where a conflict of interest
with a person's duties could foreseeably arise or be seen to
arise – the nature of the interest;
(i) if the person has any other substantial source of income – the
nature of the source of the income.
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107 Annual return of interests – staff
(1) This regulation applies to the following persons:
(a) a CEO;
(b) a council senior staff member;
(c) a chief executive;
(d) a local government subsidiary senior staff member.
(2) For section 178(1) and (2) of the Act, the following details are
prescribed if the person has an actual or perceived conflict of
interest because of the circumstance mentioned:
(a) if the person has a shareholding in a public or private
company (including a holding company) – the name of the
company;
(b) if the person has an interest as a trustee or beneficiary in a
family or business trust (but not an interest as a trustee in a
trust in which neither the person, nor any associate of the
person, is a beneficiary, or an interest in a land trust under the
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) –
the name of the trust, the nature of its operation and the
nature of the interest;
(c) if the person has an interest as an owner of real estate – the
location (suburb or area only) and the purpose for which it is
owned;
(d) if the person has an interest in a registered company
directorship – the name of the company;
(e) if the person has an interest in a partnership – the name of the
partnership, the nature of the interest and the activities of the
partnership;
(f) if the person has membership in an organisation – the name
of the organisation;
(g) if the person has any other interest – the nature of the interest;
(h) if the person has any other substantial source of income – the
nature of the source of the income.
-- 57 of 79 --
Part 5 Miscellaneous matters
Local Government (General) Regulations 2021 52
108 Prescribed form for annual return of interests for members
For section 110(2) of the Act, the prescribed form is set out in
Schedule 5.
109 Requirements for appointment to office of CEO
(1) For section 165(6)(a) of the Act, the following requirements apply in
relation to the appointment of a person to the office of CEO:
(a) the position is to be publicly advertised;
(b) the advertisement must set out the eligibility requirements
under section 166 of the Act;
(c) the recruitment panel must consist of at least one person who
is independent from the council;
(d) the panel obtains written references for an applicant's past
3 years of work history from the applicant's supervisors or
managers (or, if the applicant was a CEO of another council,
the principal member of the council);
(e) the panel verifies the applicant's qualifications and
professional memberships;
(f) the panel makes enquiries to determine the applicant's
eligibility with reference to section 166 of the Act.
(2) A CEO's contract of employment must include provisions in relation
to the following:
(a) the term of the contract of employment, including the
commencement date and the expiry date;
(b) probation period;
(c) key performance indicators and regular performance reviews;
(d) termination of employment;
(e) cash and non-cash benefits and entitlements;
(f) leave entitlements and requirements in relation to providing
notice before taking leave.
(3) A CEO's probation period must be at least 6 months.
(4) A council may, by resolution:
(a) reappoint a CEO; and
-- 58 of 79 --
Part 6 Transitional matters for Local Government (General) Regulations 2021
Local Government (General) Regulations 2021 53
(b) vary the terms of the reappointed CEO's contract of
employment.
110 Vacancy in office of CEO
If there is a vacancy in the office of the CEO, the council may
appoint a temporary CEO for a period specified by the council or
until a CEO is appointed under section 165 of the Act.
Note for regulation 110
Section 169 of the Act provides that the council must advertise the vacancy
within 8 weeks of the vacancy occurring.
111 Submissions in relation to conditionally rateable land
A council's submissions to the Minister in relation to conditionally
rateable land must include the following:
(a) a report on the council's consultation with the pastoral or
mining industries (as applicable) about the levels of
conditional rates the council is proposing;
(b) a list of the council services that the residents of, or workers
on, conditionally rateable land have the opportunity to utilise;
(c) a comparative analysis of the amount of rates contributed to
the council by different categories of ratepayer;
(d) the projected impact of the proposed change to the levels of
conditional rates on the council's budget and service
provision;
(e) a business case setting out how revenue from the proposed
levels of conditional rates would be expended (as applicable).
111A Continuation of LGANT
For section 346(1)(b) of the Act, the period prescribed is 18 months
on and from the commencement of the Act.
Part 6 Transitional matters for Local Government
(General) Regulations 2021
112 Definitions
In this Part:
commencement means the commencement of this Part.
-- 59 of 79 --
Part 6 Transitional matters for Local Government (General) Regulations 2021
Local Government (General) Regulations 2021 54
former accounting Regulations means the Local Government
(Accounting) Regulations 2008.
former parking Regulations means the Local Government
(Darwin Parking Local Rates) Regulations 1982.
113 Council or local government subsidiary to maintain
information within 12 months after commencement
A council or local government subsidiary must maintain the
information specified in regulation 6 not later than 12 months after
the commencement.
114 Council to adopt policies within 12 months after
commencement
(1) A council must adopt the following policies not later than 12 months
after the commencement:
(a) a policy for procurement of supplies under regulation 33;
(b) a policy in relation to confidential information and business
under regulation 53.
(2) Despite subregulation (1), if the council is required to act in
accordance with a policy within the period mentioned in the
subregulation, the council must adopt the policy before taking the
action.
115 Local government subsidiary to adopt policies within
12 months after commencement
(1) A local government subsidiary must adopt a policy for procurement
of supplies under regulation 33 not later than 12 months after the
commencement.
(2) Despite subregulation (1), if the local government subsidiary is
required to act in accordance with the policy within the period
mentioned in the subregulation, the local government subsidiary
must adopt the policy before taking the action.
116 Registers to be established
(1) A council or local government subsidiary must establish the
following registers not later than 12 months after the
commencement:
(a) a register of the council's or local government subsidiary's
major assets under regulation 26(1)(a);
-- 60 of 79 --
Part 6 Transitional matters for Local Government (General) Regulations 2021
Local Government (General) Regulations 2021 55
(b) a register of the council's or local government subsidiary's
portable and attractive assets under regulation 26(1)(b).
(2) A council must establish a register of information in relation to each
member of a council under regulation 55(3) not later than
12 months after the commencement.
117 Quotations, tenders and collective procurement
(1) If a council or local government subsidiary started a process for a
quotation, tender or collective procurement under Part 13 of the
former accounting Regulations before the commencement, that
Part continues to apply in relation to the process.
(2) Despite subregulation (1), the council or local government
subsidiary may elect to continue the process for the quotation,
tender or collective procurement under Part 2, Division 12 of these
Regulations.
118 Established trading fund
A trading fund established before the commencement by a council
under the former parking Regulations is taken to be a trading fund
established under regulation 85(1) of these Regulations.
119 Parking usage schedule
The parking usage schedule, prepared under regulation 4 of the
former parking Regulations, as in force immediately before the
commencement, remains in force after the commencement as if it
was made under regulation 86.
120 Rates levied under former parking Regulations
(1) The former parking Regulations, as in force immediately before the
commencement, continue to apply to any local rates levied for the
2021 – 2022 financial year.
(2) Part 4 of these Regulations apply to any rates levied for the
financial year after the 2021 – 2022 financial year.
-- 61 of 79 --
Part 8 Transitional matters for Local Government (General) Further Amendment
Regulations 2022
Local Government (General) Regulations 2021 56
Part 8 Transitional matters for Local Government
(General) Further Amendment
Regulations 2022
140 Complaints and applications referred or made to former
prescribed corporation
(1) This regulation applies in relation to the following:
(a) a complaint that was referred to the former prescribed
corporation under section 124(3) of the Act before the
commencement but was not decided under section 127(3) of
the Act before the commencement;
(b) an application for consideration of a complaint under
section 126(3) of the Act that was made before the
commencement but was not decided under section 127(3) of
the Act before the commencement.
(2) On the commencement, a complaint or application to which this
regulation applies is taken to have been referred to the new
prescribed corporation.
(3) On the commencement, a prescribed corporation panel in relation
to a complaint or application to which this regulation applies is
taken to have been established by the new prescribed corporation.
(4) In this regulation:
commencement means the commencement of regulation 4 of the
Local Government (General) Further Amendment
Regulations 2022.
former prescribed corporation means the corporation that was
prescribed by regulation 98 immediately before the
commencement.
new prescribed corporation means the corporation prescribed by
regulation 98 after the commencement.
-- 62 of 79 --
Part 9 Transitional matters for Local Government Legislation Amendment (Code of
Conduct and Other Matters) Act 2026
Local Government (General) Regulations 2021 57
Part 9 Transitional matters for Local Government
Legislation Amendment (Code of Conduct and
Other Matters) Act 2026
141 Application of amendments to regulation 36(8)
(1) Regulation 36(8) as in force immediately before the
commencement continues to apply in relation to a report received
before the commencement.
(2) Regulation 36(8) as in force immediately after the commencement
applies only in relation to a report received after the
commencement.
(3) In this regulation:
commencement means the commencement of section 17 of the
Local Government Legislation Amendment (Code of Conduct and
Other Matters) Act 2026.
-- 63 of 79 --
Schedule 1 Information to be publicly available
Local Government (General) Regulations 2021 58
Schedule 1 Information to be publicly available
regulation 49
Material Conditions
A notice requesting quotations
from suppliers (regulation 35(1)).
The material need not be
available after the period for the
receipt of quotations has closed or
if the public request for quotations
is cancelled.
A notice of the successful
quotation after making a public
request for quotations (regulation
35(6)(b)(ii)).
The material need not be
available after 3 years from the
last day of the financial year in
which the council or local
government subsidiary accepted
the quotation.
A notice calling for tenders for the
provision of supplies
(regulation 36(1)).
The material need not be
available after the period for the
receipt of tenders has closed or if
the call for tenders is cancelled.
A notice of the successful tender
after calling for tenders for the
provision of supplies
(regulation 36(10)(b)(ii)).
The material need not be
available after 3 years from the
last day of the financial year in
which the council or local
government subsidiary accepted
the tender.
A notice of the provision of
supplies that did not require
quotation or tender
(regulation 38(3)).
The material need not be
available after 3 years from the
last day of the financial year in
which the council or local
government subsidiary obtained
the supplies.
A notice of a contract variation
(regulation 42).
The material need not be
available after 3 years from the
last day of the financial year in
which the notice was published.
-- 64 of 79 --
Schedule 1A Code of Conduct
Local Government (General) Regulations 2021 59
Schedule 1A Code of Conduct
regulation 71
1 Definitions
In this code:
local government employee means a person who is:
(a) employed by a local government council; or
(b) engaged by a local government council under a contract for
services; or
(c) a staff member of a local government subsidiary.
publish includes publish on a social media platform.
2 Application
This code applies to the conduct of members:
(a) when exercising their powers and or performing their functions
under the Act; and
(b) in relation to the local government council of which they are a
member.
3 Personal integrity
A member must:
(a) act with reasonable care and diligence; and
(b) act with honesty and integrity; and
(c) act lawfully; and
(d) identify and appropriately manage any conflict of interest; and
(e) avoid damage to the reputation of the local government
council of which they are a member; and
(f) act in accordance with the trust placed in members by the
public; and
(g) participate in decision-making in an honest, fair, impartial and
timely manner; and
-- 65 of 79 --
Schedule 1A Code of Conduct
Local Government (General) Regulations 2021 60
(h) actively seek out and engage in training and development
opportunities to improve the performance of their functions;
and
(i) attend and participate, within the required time, in briefings,
workshops and training sessions:
(i) required under section 45 of the Act; or
(ii) provided or arranged by the local government council in
relation to the performance of their functions.
4 Relationship with others
A member:
(a) must treat others with respect, courtesy and fairness; and
(b) must respect and value diversity in the community; and
(c) must maintain and contribute to a harmonious, safe and
productive work environment; and
(d) must not bully or harass another person in any way; and
(e) must deal with the media in an appropriate manner and in
accordance with any relevant policy of the local government;
and
(f) must not use offensive or derogatory language when referring
to another person; and
(g) must not disparage the character of another member or a local
government employee in connection with the performance of
their official duties; and
(h) must not without reasonable evidence impute dishonest or
unethical motives to another member or a local government
employee in connection with the performance of their official
duties.
5 Accountability
A member must:
(a) base decisions on relevant and factually correct information;
and
(b) make decisions on merit, in the public interest and in
accordance with statutory obligations and principles of good
governance and procedural fairness; and
-- 66 of 79 --
Schedule 1A Code of Conduct
Local Government (General) Regulations 2021 61
(c) read or be briefed on all agenda papers given to the member
in relation to council or committee meetings; and
(d) be open and accountable to, and represent, the community in
the local government area for the local government council of
the member.
6 Social media
A member:
(a) must ensure that their use of social media and other forms of
communication complies with this code; and
(b) must not publish material that they know, or could reasonably
be expected to know, is factually incorrect.
7 Other obligations
(1) A member must not be impaired by alcohol or drugs.
(2) A member must comply with all policies, procedures and
resolutions of the local government.
8 Perceived misconduct
A member who believes on reasonable grounds that another
member has engaged in misconduct must make a complaint in
accordance with Part 7.4 of the Act.
9 Council or committee meetings
When attending a council or committee meeting, a member:
(a) must not act in an abusive or threatening manner towards
another person; and
(b) must not make a statement that the member knows, or could
reasonably be expected to know, is false or misleading; and
(c) must not repeatedly disrupt the meeting; and
(d) must comply with any by-laws and standing orders relating to
the procedures and conduct of the meeting; and
(e) must comply with any direction given by the person presiding
at the meeting; and
(f) must immediately cease to engage in any conduct that is ruled
out of order by the person presiding at the meeting.
-- 67 of 79 --
Schedule 1A Code of Conduct
Local Government (General) Regulations 2021 62
10 Misuse of local government council resources
(1) A member must not, directly or indirectly, use the resources of a
local government council for an electoral purpose or other purpose
unless authorised under the Act, or by the council or the CEO, to
use the resources for that purpose.
(2) In this clause:
electoral purpose means the purpose of persuading electors to
vote in a particular way at an election, referendum or other poll held
under the Act, the Electoral Act 2004 or the Commonwealth
Electoral Act 1918 (Cth);
resources of a local government council includes:
(a) property of a local government council; and
(b) services provided, or paid for, by a local government council.
11 Securing personal advantage or disadvantaging others
A member must not make improper use of their office to:
(a) gain, directly or indirectly, an advantage for the member or
any other person; or
(b) cause detriment to the local government council or any other
person.
12 Prohibition against involvement in administration
(1) A member must not undertake a task that contributes to the
administration of the local government council unless authorised by
the council or the CEO to undertake that task.
(2) Subclause (1) does not apply to anything that a member does as
part of the deliberations at a council or committee meeting.
13 Relationship with local government employees
(1) A member must not:
(a) direct or attempt to direct a local government employee to do
or not to do anything in their capacity as a local government
employee; or
(b) attempt to influence, by means of a threat or the promise of a
reward, the conduct of a local government employee in their
capacity as a local government employee; or
-- 68 of 79 --
Schedule 1A Code of Conduct
Local Government (General) Regulations 2021 63
(c) act in an abusive or threatening manner towards a local
government employee.
(2) Subclause (1)(a) does not apply in relation to:
(a) anything that a member does as part of the deliberations at a
council or committee meeting; or
(b) a direction given by a council member to the CEO of the
council.
(3) If a member, in their capacity as a member, is attending a council or
committee meeting or other organised event (for example, a
briefing or workshop), the member must not orally, in writing or by
any other means:
(a) make a statement that a local government employee is
incompetent or dishonest; or
(b) use an offensive or objectionable expression when referring to
a local government employee.
14 Compliance with sanction
A member must comply with any sanction imposed under Part 7.4
of the Act.
-- 69 of 79 --
Schedule 2 Central Darwin
Local Government (General) Regulations 2021 64
Schedule 2 Central Darwin
regulation 83
-- 70 of 79 --
Schedule 3 Parking requirements
Local Government (General) Regulations 2021 65
Schedule 3 Parking requirements
regulation 86(f)
1 Definitions
In this Schedule:
dwelling unit means a building or part of a building designed,
constructed or adapted for human habitation as a self-contained
unit.
net floor area, see clause 2.
2 Meaning of net floor area
The net floor area, in relation to a building, includes all that area
between the internal surfaces of external walls other than:
(a) stairs, lift shafts, escalators, cleaners cupboards and tea
rooms (if provided as standard facilities in a building); and
(b) all areas which are available for unrestricted use by members
of the public who are not occupants or owners of the parcel of
land or part of it; and
(c) toilets and washrooms; and
(d) areas set aside as plant lift motor rooms; and
(e) areas set aside for the use of service or delivery vehicles; and
(f) areas set aside for parking or access to parking; and
(g) any other area declared by the council, by resolution, to be
excluded areas.
3 Calculation
If a calculation made in accordance with the figures set out in the
Table in clause 4 results in a number that is not a whole number,
the number of parking spaces required is the next higher whole
number.
-- 71 of 79 --
Schedule 3 Parking requirements
Local Government (General) Regulations 2021 66
4 Number of parking spaces
The number of parking spaces mentioned in regulation 86(f) is
calculated with reference to the following Table:
Table
Use Minimum no. of
parking spaces
required
1 Commercial (including catering businesses,
drive-in take-away food outlets, general
stores, indoor recreation establishments
(including cinemas and theatres), licensed
clubs, licensed restaurants, medical clinics,
medical consulting rooms, motels and
hotels (excluding guest suites and
bedrooms), motor repair establishments,
nurseries, offices (except if elsewhere
referred to in this Table), passenger
terminals, service industry establishments,
service stations, shops, showrooms,
taverns, transport terminals, vehicle sales
yards, veterinary clinics and warehouses)
3 per 100 m² net floor
area
2 Institutional (including ambulance stations,
courts of justice, fire stations, child care
centres, community centres, education
establishments, funeral parlours, group
housing (transitional), institutional
establishments, institutional residences,
places of public worship and radio or TV
installations)
2 per 100 m² net floor
area
3 Residential (including detached dwellings,
dwelling units, guest houses and hostels,
units for aged persons and guest suites and
bedrooms in motels and hotels)
0.6 per dwelling unit
-- 72 of 79 --
Schedule 4 Provision of parking spaces
Local Government (General) Regulations 2021 67
Schedule 4 Provision of parking spaces
regulation 86(g)
1 General requirements
Subject to clause 4, parking spaces required to be provided in
respect of a parcel of land must:
(a) be provided in a parking area set aside for the purpose and
clearly identified as a parking space; and
(b) be reasonably accessible for use for parking; and
(c) have a surface reasonably suitable for the parking of vehicles
during all weather conditions.
2 Access to parking area
Subject to clause 4, a parking area must be laid out or designed so
vehicles can enter and leave it in a forward gear.
3 Driveways
Subject to clause 4, if a vehicle driveway provides access to or
egress from a parking area, it must measure 6 m wide for two-way
traffic flows and 3.5 m wide for one-way traffic flows and a corner or
junction must have a minimum radius of 5 m.
4 Exemptions
(1) A council may, by resolution, exempt the owner of a parcel of land
from the need to comply with the requirements of this Schedule, if
the council is satisfied that:
(a) the parking area on the parcel of land is adequate for the
parking of vehicles; and
(b) the parking area can safely and conveniently be used.
(3) The council must specify the manner in which the parking area may
be laid out or designed and used.
(3) The parking spaces provided in a parking area laid out or designed
in accordance with this clause must be taken into account in the
calculation of the municipal parking rate.
-- 73 of 79 --
Schedule 4 Provision of parking spaces
Local Government (General) Regulations 2021 68
5 Calculation of parking spaces
(1) Subject to clause 4, in determining the number of parking spaces
that are available for use for the parking of vehicles in a parking
area, the CEO must determine them as nearly as practicable in
accordance with the diagrams set out below.
(2) Subclause (1) applies notwithstanding the configuration actually
nominated by markings or otherwise on, in or in relation to the
parking area.
Parking space sizes
-- 74 of 79 --
Schedule 5 Annual return of interests for council members
Local Government (General) Regulations 2021 69
Schedule 5 Annual return of interests for council members
regulation 108
Name: ________________________________________________
Council: ________________________________________________
Initials: ____________
A council member must give the details required for each type of interest that
the council member holds.
If extra pages are needed, each extra page must be numbered and identified
as part of this form and must include the name of the council member, the
name of the council and initials of the council member.
(a) Shareholding in a public or private company (including a holding
company)
Name of the company
(b) Interest as trustee or beneficiary in a family or business trust (excluding:
an interest as a trustee in a trust where neither the member or any associate
of the member is a beneficiary; or an interest in a land trust under the
Aboriginal Land Rights (Northern Territory) Act 1976 (Cth))
Name of the trust Nature of the trust's
operation
Nature of the interest
(c) Interest as owner of real estate
Location (suburb or area
only)
Purpose for which it is owned
-- 75 of 79 --
Schedule 5 Annual return of interests for council members
Local Government (General) Regulations 2021 70
(d) Registered company directorship
Name of the company
(e) Interest in partnership
Name of the partnership Activities of the
partnership
Nature of the interest
(f) Political membership
Name of the political party or body
(g) Membership in an organisation where a conflict of interest with the
member's public duties could foreseeably arise or be seen to arise
Name of the organisation
(h) Any other interest where a conflict of interest with a member's public
duties could foreseeably arise or be seen to arise
Nature of the interest
(i) Any other substantial source of income
Note: The general rule is income of over $1 000 per annum might be notifiable.
Nature of the income
-- 76 of 79 --
Schedule 5 Annual return of interests for council members
Local Government (General) Regulations 2021 71
I confirm that the information provided in this form reflects all the interests I
should declare under section 110 of the Local Government Act 2019 and
regulation 106(2) of the Local Government (General) Regulations 2021.
Council member signature: ____________________ Date: ____________
Full name of witness: ____________________
Witness signature: __________________________ Date: ____________
-- 77 of 79 --
ENDNOTES
Local Government (General) Regulations 2021 72
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Local Government (General) Regulations 2021 (SL No. 9, 2021)
Notified 30 June 2021
Commenced 1 July 2021 (r 2, s 2 Local Government Act 2019 (Act No. 39,
2019) and Gaz S27, 30 June 2021)
Local Government (General) Amendment Regulations 2021 (SL No. 15, 2021)
Notified 29 September 2021
Commenced rr 4 – 5: 29 September 2021; rem: 1 July 2021 (r 2)
Local Government Legislation Amendment (Remuneration) Act 2022 (Act No. 4, 2022)
Assent date 14 April 2022
Commenced 15 April 2022 (s 2)
Local Government (General) Amendment Regulations 2022 (SL No. 8, 2022)
Date made 30 June 2022
Commenced r 4: 1 July 2022; rem: 1 July 2021 (r 2)
Local Government (General) Further Amendment Regulations 2022 (SL No. 20, 2022)
Date made 22 November 2022
Commenced 1 January 2023 (r 2)
Local Government Legislation Amendment Act 2025 (Act No. 15, 2025)
Assent date 6 June 2025
Commenced 14 July 2025 (Gaz S45, 4 July 2025)
Local Government Legislation Amendment (Code of Conduct and Other Matters)
Act 2026 (Act No. 8, 2026)
Assent date 14 April 2026
Commenced pts 1 and 2: 15 April 2026 (s 2(1)); pts 3 and 4: 1 July 2026
(s 2(2) and Gaz S48, 25 June 2026)
-- 78 of 79 --
ENDNOTES
Local Government (General) Regulations 2021 73
3 LIST OF AMENDMENTS
r 35 amd Act No. 15, 2025, s 32
r 36 amd Act No. 15, 2025, s 33; Act No. 8, 2026, s 17
r 54 amd No. 15, 2021, r 4
pt 3
div 6 hdg rep Act No. 4, 2022, s 15
rr 65 – 70 rep Act No. 4, 2022, s 15
pt 3
div 7 hdg sub Act No. 8, 2026, s 37
r 71 sub Act No. 8, 2026, s 37
rr 72 – 81 rep Act No. 8, 2026, s 37
r 82 amd No. 15, 2021, r 5
r 98 sub No. 20, 2022, r 4
r 102 amd Act No. 15, 2025, s 34
r 103 amd Act No. 15, 2025, s 35
r 105 amd Act No. 15, 2025, s 36
r 109 amd Act No. 15, 2025, s 37
r 110 amd Act No. 15, 2025, s 38
r 111A ins No. 8, 2022, r 4
pt 7 hdg rep Act No. 39, 2019, s 367(6)
pt 7
div 1 hdg rep Act No. 39, 2019, s 367(6)
rr 121 – 122 rep Act No. 39, 2019, s 367(6)
pt 7
div 2 hdg rep Act No. 39, 2019, s 367(6)
rr 123 – 136 rep Act No. 39, 2019, s 367(6)
rr 137 – 138 ins No. 15, 2021, r 6
rep Act No. 39, 2019, s 367(6)
r 139 ins No. 8, 2022, r 5
rep Act No. 39, 2019, s 367(6)
pt 8 hdg ins No. 20, 2022, r 5
r 140 ins No. 20, 2022, r 5
pt 9 hdg ins Act No. 8, 2026, s 18
r 141 ins Act No. 8, 2026, s 18
sch 1A ins Act No. 8, 2026, s 38
-- 79 of 79 --