Local Government Regulations 2001
i
Local Government Regulations 2001
S.R. No. 30/2001
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
1. Objective 1
2. Authorising provision 2
3. Commencement 2
4. Revocation 2
5. Definitions 2
PART 2—SENIOR OFFICERS 4
6. Total remuneration level of senior officers 4
PART 3—REGISTER OF INTERESTS 5
7. Register of interests—primary return 5
8. Register of interests—ordinary return 5
9. Inspection of register of interests 5
PART 4—ANNUAL REPORT 6
Division 1—Financial Statements 6
10. Financial Statements 6
11. Notes to financial statements 6
12. Financial ratios 7
13. Certification of financial statements 7
Division 2—Report of Operations 8
14. Report of operations 8
15. General information 8
PART 5—BUDGETS 11
16. Matters to be included in budgets 11
17. Public notice of proposed budget or revised budget 12
18. Quarterly statements 13
-- 1 of 39 --
Regulation Page
ii
PART 6—RATES AND CHARGES 14
19. Notice of rates and charges 14
PART 7—SPECIFIC FUNCTIONS, POWERS AND
RESTRICTIONS 15
20. Power to enter certain contracts not restricted 15
PART 8—INFORMATION TO BE MADE AVAILABLE TO THE
PUBLIC 16
21. Documents to be made available for public inspection 16
PART 9—LAND INFORMATION CERTIFICATE 19
22. Fee 19
23. Prescribed information 19
PART 10—NOTICE IN RELATION TO DISPOSITION OF LAND 22
24. Notice of disposition 22
PART 11—POLLS OF VOTERS 23
25. Request for a poll 23
26. Fee 23
27. Ballot-paper for a poll 23
28. Refund of fee 23
__________________
SCHEDULES 24
SCHEDULE 1—Revoked regulations 24
SCHEDULE 2—Forms 26
FORM 1—Register of interests 26
FORM 2—Register of interests 28
FORM 3—Application to inspect register of interests 30
FORM 4—Notice of disposition of an interest in land 31
FORM 5—Request for a poll of voters 33
FORM 6—Ballot-paper 34
SCHEDULE 3—Financial ratios 35
═══════════════
ENDNOTES 37
-- 2 of 39 --
1
STATUTORY RULES 2001
S.R. No. 30/2001
Local Government Act 1989
Local Government Regulations 2001
The Administrator with the advice of the Executive Council
makes the following Regulations:
Dated: 10 April 2001
Responsible Minister:
BOB CAMERON
Minister for Local Government
HELEN DOYE
Clerk of the Executive Council
PART 1—PRELIMINARY
1. Objective
The objective of these Regulations is to prescribe
for the purposes of the Local Government Act
1989—
(a) various forms; and
(b) the manner in which financial statements of
a Council are to be prepared and their
contents; and
(c) the information to be included in a Council's
report of operations and its budget, in notices
of rates and charges and in land information
certificates; and
(d) fees; and
-- 3 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
2
(e) other matters required to be prescribed under
the Act.
2. Authorising provision
These Regulations are made under section 243 of
the Local Government Act 1989.
3. Commencement
These Regulations come into operation on
11 April 2001.
4. Revocation
The Regulations listed in Schedule 1 are revoked.
5. Definitions
In these Regulations—
"Act" means Local Government Act 1989;
"annual report" means the annual report
prepared by a Council under section 126 of
the Act;
"AAS 27" means the Australian Accounting
Standards AAS 27 "Financial Reporting by
Local Governments" as issued by the
Australian Accounting Research Foundation
from time to time;
"current assets" means cash or other assets of
the entity that would in the ordinary course
of the operations of the Council be
consumed or converted into cash within 12
months after the end of the last reporting
period of the Council;
"designated group" means a class of persons
with a common characteristic or attribute
which is declared by Order in Council of the
Governor in Council to be a designated
group;
r. 2
-- 4 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
3
"Form" means a form as set out in Schedule 2;
"non current assets" means all assets other than
current assets;
"Principal Accounting Officer" means the
person designated by a Council to be
responsible for the financial management of
the Council.
_______________
r. 5
-- 5 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
4
PART 2—SENIOR OFFICERS
6. Total remuneration level of senior officers
For the purposes of the definition of "senior
officer" in section 3(1) of the Act, the prescribed
amount is $80 000.
_______________
r. 6
-- 6 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
5
PART 3—REGISTER OF INTERESTS
7. Register of interests—primary return
A primary return under section 81(2) and (4) of
the Act must be in accordance with Form 1.
8. Register of interests—ordinary return
An ordinary return under section 81(5) of the Act
must be in accordance with Form 2.
9. Inspection of register of interests
An application by a person seeking to inspect the
register of interests under section 81(10) of the
Act must be in accordance with Form 3.
_______________
r. 7
-- 7 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
6
PART 4—ANNUAL REPORT
Division 1—Financial Statements
10. Financial Statements
For the purposes of section 126 of the Act, the
financial statements of a Council to be included in
the annual report must be prepared in accordance
with AAS 27 as it applies to the general purpose
financial reports of local governments.
11. Notes to financial statements
In addition to any matters required by AAS 27,
the financial statements must disclose by way of
note the following information for the financial
year to which the financial statements relate—
(a) the Operating Statement for all revenue and
expenditure for the financial year, showing
the budgeted revenues and expenses;
(b) the Statement of Cash flows for all cash
inflow and outflow classifications for the
financial year, showing the budgeted cash
inflows and outflows;
(c) the Operating Statement, showing revenues
and expenses by line item;
(d) the amounts of money and assets held in
trust, the purposes for which they are held
and the nature of any restrictions imposed on
the way in which the money and assets can
be applied;
(e) a summary of grants and subsidies by type,
classified separately as to recurrent and
non-recurrent components;
(f) all assets and liabilities committed to joint
venture activities.
r. 10
-- 8 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
7
12. Financial ratios
A Council must include in the financial statements
the financial ratios set out in Schedule 3 for the
financial year to which the financial statements
relate and for each of the previous 2 financial
years.
13. Certification of financial statements
For the purposes of section 126(4)(e) of the Act,
the Principal Accounting Officer, 2 Councillors
and the Chief Executive Officer must certify the
financial statements contained in the annual report
in the following form—
"In my opinion the accompanying financial
statements have been prepared in accordance
with the Local Government Act 1989, the
Local Government Regulations 2001,
Australian Accounting Standards and other
mandatory professional reporting
requirements.
Principal Accounting Officer
(Name) (Qualification (if any))
Dated:
In our opinion the accompanying financial
statements present fairly the financial
transactions of the.......................Council for
the year ended 30 June 20..... and the
financial position of the Council as at that
date.
As at the date of signing, we are not aware of
any circumstances which would render any
particulars in the financial statements to be
misleading or inaccurate.
r. 12
-- 9 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
8
We have been authorised by the Council on
[date] to certify the financial statements in
their final form.
Councillor
(Name)
Dated:
Councillor
(Name)
Dated:
Chief Executive Officer
(Name)
Dated:".
Division 2—Report of Operations
14. Report of operations
For the purposes of section 126 of the Act, the
report of operations of a Council which is to be
included in the annual report must contain
information, including information with respect to
the activities of the Council in previous years, that
gives an accurate description of the operations of
the Council during the financial year.
15. General information
Without limiting the generality of regulation 14,
the report of operations of a Council must to the
extent applicable—
(a) contain a statement which reviews the
performance of the Council against the
Council's corporate and business plans,
including information on—
r. 14
-- 10 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
9
(i) legislative, economic or other factors
which have had an impact on the
Council's performance; and
(ii) major policy initiatives taken by the
Council; and
(iii) major works undertaken or completed
by or for the Council; and
(iv) major changes which have taken place
during the financial year in relation to
the functions of the Council or to the
Council's structure, the methods of
carrying out its objectives and functions
and the reasons for those changes; and
(v) other major operations and
achievements of the Council;
(b) contain information with respect to the
nature and range of activities undertaken by
the Council, including—
(i) the range of services provided by the
Council; and
(ii) the persons or sections of the
community served by the Council;
(c) list the names of all Councillors, and their
dates of election and retirement;
(d) contain information with respect to the
administrative structure of the Council
including—
(i) the name of the Chief Executive
Officer; and
(ii) the names of the occupants of senior
offices, together with a brief
description of the area of responsibility
of each officer; and
r. 15
-- 11 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
10
(iii) a chart setting out the organisational
structure of the Council;
(e) set out the addresses, telephone numbers, fax
numbers and e-mail addresses of Council
offices;
(f) list the documents specified in Part 8 and the
places where those documents can be
inspected or copies obtained in accordance
with section 222 of the Act;
(g) specify the number, classification and types
of jobs of—
(i) members of Council staff of either sex;
and
(ii) members of Council staff in designated
groups;
(h) if the Council is required to implement an
equal opportunity program under Schedule 6
to the Act, contain—
(i) a statement of the objectives and
indicators of the program;
(ii) a description and an analysis of action
taken to develop and implement the
program; and
(iii) an assessment of those objectives.
_______________
r. 15
-- 12 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
11
PART 5—BUDGETS
16. Matters to be included in budgets
For the purposes of sections 144 and 144A of the
Act, the budget and any revised budget must
contain the following information for the financial
year to which the budget or revised budget
relates—
(a) the projected revenue and expense relevant
to determining the operating result;
(b) a reconciliation of the projected revenue and
expense relevant to determining the amount
to be raised by general rates and charges,
with the projected revenue and expense
relevant to determining the operating result;
(c) the total amount proposed to be borrowed,
other than borrowings to refinance existing
loans;
(d) the proposed total amount of debt
redemption;
(e) the projected debt servicing cost;
(f) the projected capital works program and the
funding sources for that program;
(g) in the case of the proposed budget—
(i) the proposed rate in the dollar for each
type of rate to be levied;
(ii) the estimated amount to be raised by
each type of rate to be levied;
(iii) the estimated total amount to be raised
by rates;
r. 16
-- 13 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
12
(iv) the proposed percentage change in the
rate in the dollar for each type of rate to
be levied compared to that of the
previous financial year;
(v) the number of assessments for each
type of rate to be levied compared with
the previous year;
(vi) the total number of assessments;
(vii) the basis of valuation to be used;
(viii) the estimated total value of land in
respect of which each type of rate is to
be levied compared with the previous
year;
(ix) the proposed unit amount to be levied
for each type of charge under section
162 of the Act;
(x) the estimated amount to be raised by
each type of charge to be levied
compared with the previous year;
(xi) the estimated total amount to be raised
by rates and charges;
(xii) any significant changes that may affect
the estimated amounts to be raised;
(h) in the case of a revised budget, those matters
referred to in paragraph (g) as applicable to
any additional rates and charges to be levied.
17. Public notice of proposed budget or revised budget
For the purposes of section 146 of the Act, the
following information must be included in the
public notice of the preparation of a proposed
budget or revised budget—
(a) the date on which Council will meet to adopt
its budget or revised budget;
r. 17
-- 14 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
13
(b) the total amount borrowed as at 30 June of
the previous financial year;
(c) the total amount proposed to be borrowed
during the financial year or the total amount
borrowed immediately before the preparation
of the revised budget, other than borrowings
to refinance existing loans;
(d) the total amount projected to be redeemed
during the financial year;
(e) the projected total amount of borrowings as
at 30 June of the financial year;
(f) the projected cost of servicing the
borrowings during the financial year;
(g) the proposed rate in the dollar for each type
of rate to be levied;
(h) the proposed municipal charge, if any;
(i) the proposed unit amount for each type of
charge to be levied under section 162 of the
Act;
(j) in the case of a revised budget, a summary of
reasons for the preparation of the revised
budget.
18. Quarterly statements
At least every 3 months the Principal Accounting
Officer must present to the Council a statement
comparing the budgeted with the actual revenue
and expense for the financial year to date.
_______________
r. 18
-- 15 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
14
PART 6—RATES AND CHARGES
19. Notice of rates and charges
In addition to the information required by section
158(4) and section 163(5) of the Act, a notice to
be sent to a person liable to pay any rates or
charges must contain the following information—
(a) the name and address of the person who is
liable for payment;
(b) a description of the property being rated;
(c) the amount for which the person is liable;
(d) the basis of assessment;
(e) the penalties for failing to pay;
(f) the manner in which the rates or charges can
be paid;
(g) any incentives available for early payment;
(h) if the rate is based on the value of the
property, the value of the property, the
current level of value date and the date on
which the valuation becomes operative for
rating purposes;
(i) the rights of the person to object to a rate or
charge or valuation.
_______________
r. 19
-- 16 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
15
PART 7—SPECIFIC FUNCTIONS, POWERS AND
RESTRICTIONS
20. Power to enter certain contracts not restricted
A contract for legal services is exempt from
section 186 of the Act.
_______________
r. 20
-- 17 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
16
PART 8—INFORMATION TO BE MADE AVAILABLE TO
THE PUBLIC
21. Documents to be made available for public inspection
A Council must make available for public
inspection documents containing the following
prescribed matters—
(a) details of current allowances fixed for the
Mayor, Lord Mayor (if any) and Councillors
under section 74 or 74A of the Act;
(b) details of senior officers' total salary
packages for the current financial year and
the previous year including the gross salary,
the amount of the Council or employer
contribution to superannuation, the value of
any motor vehicle provided by the Council
and the total value of any other benefits and
allowances provided by the Council;
(c) details of overseas or interstate travel (with
the exception of interstate travel by land for
less than 3 days) undertaken in an official
capacity by Councillors or any member of
Council staff in the previous
12 months, including the names of the
Councillors or members of Council staff and
the date, destination, purpose and total cost
of the overseas or interstate travel;
(d) names of Council officers who were required
to submit a return of interest during the
financial year and the dates the returns were
submitted;
(e) names of Councillors who submitted returns
of interest during the financial year and the
dates the returns were submitted;
r. 21
-- 18 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
17
(f) agendas for and minutes of ordinary and
special meetings held in the previous
12 months kept under section 93 of the Act
except if the minutes relate to parts of
meetings which have been closed to
members of the public under section 89 of
the Act;
(g) a list of all special committees established by
Council and the purpose for which each
committee was established;
(h) a list of all special committees established by
the Council which were abolished or ceased
to function during the financial year;
(i) minutes of meetings of special committees
established under section 86 of the Act and
held in the previous 12 months except if the
minutes relate to parts of meetings which
have been closed to members of the public
under section 89 of the Act;
(j) applications for enrolment on the voters' roll
under sections 12 and 13 of the Act for the
immediate past roll and the next roll being
prepared;
(k) a register of delegations kept under sections
87, 88 and 98 of the Act;
(l) submissions received in accordance with
section 223 of the Act during the previous
12 months;
(m) agreements to establish regional libraries
under section 196 of the Act;
(n) details of all property, finance and operating
leases involving land, buildings, plant,
computer equipment or vehicles entered into
by the Council as lessor or lessee, including
r. 21
-- 19 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
18
the name of the other party to the lease and
the terms and the value of the lease;
(o) a register of authorised officers appointed
under section 224 of the Act;
(p) a list of donations and grants made by the
Council during the financial year, including
the names of persons or bodies which have
received a donation or grant and the amount
of each donation or grant;
(q) a list of the names of the organisations of
which the Council was a member during the
financial year and details of all membership
fees and other amounts and services
provided during that year to each
organisation by the Council;
(r) a list of contracts valued at $100 000 or more
which the Council entered into during the
financial year without first engaging in a
competitive process and which are not
contracts referred to in section 186(5) of the
Act.
_______________
r. 21
-- 20 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
19
PART 9—LAND INFORMATION CERTIFICATE
22. Fee
The prescribed fee that must be sent with an
application for a land information certificate under
section 229(2)(b) of the Act is $20.
23. Prescribed information
(1) A land information certificate must contain the
following statements—
(i) This certificate provides information
regarding valuation, rates, charges, other
moneys owing and any orders and notices
made under the Local Government Act
1958, the Local Government Act 1989 or
under a local law or by-law of the Council
and the specified flood level by the Council
(if any).
(b) This certificate is not required to include
information regarding planning, building,
health, land fill, land slip, other flooding
information or service easements.
Information regarding these matters may be
available from Council or the relevant
authority. A fee may be charged for such
information.
(2) A land information certificate must also contain
the following information—
(a) General information
Date of issue of land information certificate.
(b) Valuation information
(i) Council valuation of the property under
Net Annual Value, Site Value and
Capital Improved Value;
r. 22
-- 21 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
20
(ii) The current level of value date and the
date on which the valuation becomes
operative for rating purposes.
(c) Rates and charges and other moneys
(i) Amount and type of all rates and
charges levied on the property
(including a broad description of type
and time due);
(ii) Whether any rates and charges are paid
or unpaid;
(iii) Amount of arrears (if any);
(iv) Period for which all rates and charges
apply;
(v) Money owed for works under the Local
Government Act 1958;
(vi) Potential liability for rates under the
Cultural and Recreational Land Act
1963;
(vii) Potential liability for land to become
rateable under sections 173 or 174A of
the Local Government Act 1989;
(viii) Any outstanding amount required to be
paid for recreational purposes or any
transfer of land to the Council for
recreational purposes under section 18
of the Subdivision Act 1988 or the
Local Government Act 1958;
(ix) Moneys owed under section 227 of the
Local Government Act 1989.
(d) Other information
(i) Whether at the date of the land
information certificate, any notice or
order on the land has continuing
r. 23
-- 22 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
21
application (and if so, the details of the
notice or order) under the Local
Government Act 1958, the Local
Government Act 1989 or under a local
law or by-law of the Council;
(ii) Specified flood level by the Council (if
any).
(3) A land information certificate must be signed by a
delegated officer of the Council or by a person
appointed to be an authorised officer under
section 224 of the Act.
_______________
r. 23
-- 23 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
22
PART 10—NOTICE IN RELATION TO
DISPOSITION OF LAND
24. Notice of disposition
For the purposes of section 230 of the Act—
(a) a prescribed person required to give notice in
relation to the disposition of any land is a
person who disposes of any land in any
municipal district;
(b) the prescribed form of the notice of
disposition of land must be in accordance
with Form 4;
(c) the Chief Executive Officer of the municipal
district in which the land disposed of is
located is the prescribed person for receipt of
the notice of disposition;
(d) one month after disposal of the land is the
prescribed period within which notice must
be given.
_______________
r. 24
-- 24 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
23
PART 11—POLLS OF VOTERS
25. Request for a poll
A request for a poll of voters under clause
16(2)(b) of Schedule 3 to the Act must be in
accordance with Form 5.
26. Fee
The fee under clause 16(2)(c) of Schedule 3 to the
Act that must accompany a request for a poll is
$100.
27. Ballot-paper for a poll
A ballot-paper to be used in a poll under clause 16
of Schedule 3 to the Act must be in accordance
with Form 6.
28. Refund of fee
If a council decision is overturned as a result of a
poll of voters under Part 6 of Schedule 3 to the
Act, the Council must refund the fee to the person
or persons who submitted the request for a poll.
__________________
r. 25
-- 25 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
24
SCHEDULES
SCHEDULE 1
REVOKED REGULATIONS
S.R. No. Title
64/1990 Local Government Regulations 1990
7/1992 Local Government (Transaction Information)
Regulations 1992
159/1992 Local Government (Amendment) Regulations 1992
225/1992 Local Government (Further Amendment)
Regulations 1992
274/1992 Local Government (Land Information Certificate)
Regulations 1992
276/1992 Local Government (Reporting and Accounting)
Regulations 1992
134/1993 Local Government (Pre-poll Voting) Regulations
1993
153/1993 Local Government (Amendment) Regulations 1993
179/1993 Local Government (Accounting Standards)
Regulations 1993
213/1993 Local Government (Poll Request) Regulations 1993
47/1994 Local Government (Form of Enrolment) Regulations
1994
48/1994 Local Government (Poll Request Form) Regulations
1994
143/1994 Local Government (Competitive Tendering)
Regulations 1994
15/1995 Local Government (Pre-Poll Voting) Regulations
1995
55/1996 Local Government (Amendment) Regulations 1996
123/1996 Local Government (Miscellaneous Amendments)
Regulations 1996
S.R. No. Title
Sch. 1 Sch. 1
-- 26 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
25
51/1997 Local Government (Certification of Financial
Statements) Regulations 1997
32/1998 Local Government (Disclosure of Information)
Regulations 1998
—————————
-- 27 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
26
SCHEDULE 2
FORMS
FORM 1
REGISTER OF INTERESTS
Local Government Act 1989, Section 81(2) and (4)
Local Government Regulations 2001, Regulation 7
Primary Return
Notes—Please Read :
(1) Interests which you are required to register are prescribed in
section 81(6) of the Local Government Act 1989.
(2) If there is not sufficient space on this form for all of the
information you are required to register, you may attach
additional papers for that purpose. Each paper is to be
signed, dated and witnessed in the same manner as this
return.
(3) Please Complete This Form by Typewriter or Block
Capitals.
(Family name) (Given names)
Council:
Ward: (if applicable)
Details of Registrable Interests as at the date of this return:
1. The name of any company or other body in which you hold
any office whether as director or otherwise.
Sch. 2
-- 28 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
27
2. The name or description of any company, partnership,
association or other body in which you hold a beneficial
interest exceeding $2000 in value.
3. The address or description of any land in the municipal
district of the Council or in a municipal district which
adjoins that municipal district in which you hold any
beneficial interest other than by way of security for any
debt.
4. A concise description of any trust in which you hold a
beneficial interest or of which you are a trustee and a
member of your family* holds a beneficial interest.
5. Any other substantial interest (whether of a pecuniary nature
or not) held by you or a member of your family of which
you are aware and which you consider might appear to raise
a material conflict between your private interest and your
public duty as a Councillor, member of a special committee
or nominated officer.
Signature of person making return:
Signature of witness: Date:
* A reference to a member of the family of a person making a return
is a reference to—
(a) a spouse of the person; or
(b) any child of that person under the age of 18 years
who normally resides with that person.
_______________
Sch. 2
-- 29 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
28
FORM 2
REGISTER OF INTERESTS
Local Government Act 1989, Section 81(5)
Local Government Regulations 2001, Regulation 8
Ordinary Return
Notes—Please Read:
(1) Interests which you are required to register are prescribed in
section 81(7) of the Local Government Act 1989.
(2) If there is not sufficient space on this form for all of the
information you are required to register, you may attach
additional papers for that purpose. Each paper is to be
signed, dated and witnessed in the same manner as this
return.
(3) Please Complete This Form by Typewriter or Block
Capitals.
(Family name) (Given names)
Council:
Ward: (if applicable)
Details of Registrable Interests held during the return
period**:
1. The name of any company or other body corporate or
unincorporate in which you held an office as a director
or otherwise.
2. The name or description of any company, partnership,
association or other body in which you held a beneficial
interest exceeding $2000 in value.
3. The address or description of any land in the municipal
district of the Council or in a municipal district which
adjoins that municipal district in which you held any
beneficial interest other than by way of security for any
debt.
Sch. 2
-- 30 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
29
4. A concise description of any trust in which you held a
beneficial interest or of which you are a trustee and in
which a member of your family* held a beneficial
interest.
5. Any gift of or above the amount of value of $2000
received by you from a person other than a relative by
blood or marriage.
6. Any other substantial interest (whether of a pecuniary
nature or not) held by you or a member of your family
of which you are aware and which you consider might
appear to raise a material conflict between your private
interest and your public duty as a councillor, member of
a special committee or nominated officer.
Signature of person making return:
Signature of witness: Date:
*A reference to a member of the family of a person making
a return is a reference to—
(a) a spouse of the person; or
(b) any child of that person under the age of 18 years
who normally resides with that person
** "return period" in relation to the ordinary return of a
councillor, member of a special committee or
nominated officer means—
(a) if the last return of the Councillor, member of a
special committee or nominated officer was a
primary return, the period between the date of
the primary return and 30 June next following;
or
(b) if the last return of the Councillor, member of a
special committee or nominated officer was an
ordinary return, the period between the date of
that return and 30 June next following.
_______________
Sch. 2
-- 31 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
30
FORM 3
APPLICATION TO INSPECT REGISTER OF INTERESTS
Local Government Act 1989, Section 81(10)
Local Government Regulations 2001, Regulation 9
Please Use Block Letters When Completing This Form
(Surname) (Given names)
(Address) (Postcode)
Telephone Number (For Contact)
I, the undersigned, apply under section 81(10) of the Local
Government Act 1989 to the Council of
(Name of Council)
to inspect the register of interests maintained under
section 81 of the Act relating to:
(Name(s) of person(s) whose return(s) is/are to be
inspected)
/ /20
(Signed) (Dated)
_______________
Sch. 2
-- 32 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
31
FORM 4
NOTICE OF DISPOSITION OF AN INTEREST IN LAND
Regulation 24
Notice of Disposition of an Interest in Land
Common form to be completed by ALL VENDORS. USE BLOCK
LETTERS
A copy of this form is to be forwarded (where applicable) to—
State Revenue Office, 505 Little Collins Street Melbourne, 3000;
Water Authority for area in which property is situated;
Local Council for area in which property is situated;
Local Sewerage, Water and River Improvement Authority.
_______________
Sch. 2
-- 33 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
32
DESCRIPTION OF PROPERTY
The following Code Numbers are to be used when completing
"Description of Property":
RESIDENTIAL Code
No.
INDUSTRIAL Code
No.
Drainage and/or Recreation Reserve 01 Extractive Land 39
Apartment and/or Guest House 02 Factory 40
Brick Pair 03 Industrial Site
(Vacant Land) 43
Dwelling 04 Oil Depot 45
Flats (Blocks) 05 Warehouse 51
"Own Your Own" Flats 06 Unspecified 91
Subdivisional Land (Potential) 08
Vacant Residential Site (Over 1 HA) 09 COMMERCIAL
Vacant Residential Site 10 Business Site
(Vacant Land) 55
Site for Flats 11 Cafe, Restaurant 56
Unspecified 89 Hospital (Private) 62
Hotel 63
RURAL Licensed Grocer 65
Cattle 12 Motel 67
Cereals 15 Petrol Service
Station Site 69
Dairying 18 Office Building 70
Horticulture, Market Garden 21 Retail Store 72
Orchards 26 Service Station 73
Poultry 30 Shop 75
Sheep 32 Shop and Dwelling 77
Vineyard 33 Theatre 80
Tobacco Growing 38 Unspecified 92
Unspecified 90
NOTE: Where the property combines more than one of the above descriptions please show main
code numbers.
_______________
Sch. 2
-- 34 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
33
FORM 5
REQUEST FOR A POLL OF VOTERS
Local Government Act 1989, Schedule 3, clause 16
Local Government Regulations 2001, Regulation 25
We, the undersigned, are persons enrolled on the voters' roll(s) for the
Council and request the Council to conduct a poll of voters to determine the
voters' preferences—
(*) (a) in respect of the Council's proposal under section 35 of the Act to
conduct triennial elections, according to a public notice published
in (1) on (2) ; or
(*) (b) in respect of the Council's proposal under section 35 of the Act to
cease the conduct of triennial elections, according to a public
notice published in (1) on (2)
Name Signature Address No. on Roll
(In Block Letters) (In Block Letters) Office Use Only
Notes—Please Read:
* Strike out sections not applicable.
(1) Name of newspaper.
(2) Date of publication.
To be valid, this form must be signed by at least 10% of the voters
enrolled on the voters' roll for the Council.
_______________
Sch. 2
-- 35 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
34
FORM 6
BALLOT-PAPER
Local Government Act 1989, Schedule 3, Part 6
Local Government Regulations 2001, Regulation 27
HOW TO VOTE: the voter must mark an "X" or a tick in
the box which shows his or her choice.
Council: [name of council]
Proposal: [details of council decision]
Are you—
For the proposal? !
Against the proposal? !
—————————
Sch. 2
-- 36 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
35
SCHEDULE 3
Regulation 12
FINANCIAL RATIOS
1. Definitions
In this Schedule—
"current assets" means cash or other assets of the entity
that would in the ordinary course of the operations of
the Council be consumed or converted into cash
within 12 months after the end of the last reporting
period of the Council;
"current liabilities" means the total current liabilities as
shown in the Statement of Financial Position;
"debt redemption" includes the principal component of
repayments on loans and financial leases and capital
items purchased on vendor terms, and contributions to
sinking funds;
"debt servicing costs" includes interest and charges on
loans, overdrafts, financial leases and interest on
payments for capital items purchased on vendor
terms;
"rate revenue" includes revenue from general rates,
municipal charges, special rates, special charges,
service rates and service charges;
"total indebtedness" means total liabilities, both current
and non-current, as shown in the Statement of
Financial Position;
"total realisable assets" means total current assets and
total realisable non-current assets;
"total revenue" means total revenue as shown in the
Operating Statement.
Sch. 3
-- 37 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
36
2. Financial ratios
The financial ratios referred to in regulation 12 must be
expressed in the following manner—
(a) Debt Servicing Ratio (to identify the capacity of a
Council to service its outstanding debt);
Debt servicing costs
Total revenue
(b) Debt Commitment Ratio (to identify a Council's
debt redemption strategy);
Debt servicing and redemption costs
Rate revenue
(c) Revenue Ratio (to identify a Council's dependence
on non-rate income);
Rate revenue
Total revenue
(d) Debt Exposure Ratio (to identify a Council's
exposure to debt);
Total indebtedness
Total realisable assets
(e) Working Capital Ratio (to assess a Council's ability
to meet current commitments).
Current assets
Current liabilities
═══════════════
Sch. 3
-- 38 of 39 --
S.R. No. 30/2001
Local Government Regulations 2001
37
ENDNOTES
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 1994
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 6 of the Subordinate
Legislation Regulations 1994.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulation 10 Australian Accounting
Standards AAS 27 "Financial
Reporting by Local
Governments" as issued by
the Australian Accounting
Research Foundation
The whole
Endnotes
-- 39 of 39 --