Thursday, 27 August 2026

Local Government Legislation Amendment (Stronger Communities) Bill 2026

Second reading

Debate resumed on motion of Paul Hamer:

That this bill be now read a second time.

Circulated amendments

Circulated government amendments as follows agreed to:

1.   Clause 25, after line 29 insert –

“(1A) Section 35(5)(c), as inserted by section 11(b) of the Amending Act, applies to –

(a) any Councillor who is stood down under section 228 or 229 on or after section 11 of the Amending Act comes into operation; and

(b) any Councillor who is stood down under section 228 or 229 before section 11 of the Amending Act comes into operation and who remains stood down after section 11 of the Amending Act comes into operation; and

(c) any Councillor who was stood down under section 228 or 229 at any time before the commencement of section 11 of the Amending Act comes into operation but is no longer stood down on the commencement of section 11 of the Amending Act.

(1B) A Councillor in respect of whom subsection (1A)(b) or (c) applies is taken to continue to have held office as a Councillor under section 35 as in force immediately before the commencement of section 11 of the Amending Act despite being absent from Council meetings for a period of 4 ‍consecutive months without leave obtained from the Council if the absence is by reason only of the Councillor being stood down under section 228 or 229.”.

2.   Clause 25, page 22, line 29, omit ‘operation.”.’ and insert “operation.”.

3.   Clause 25, page 22, after line 29 insert –

‘(7) If a Councillor is charged with an offence specified in section 229(2) before section 229(2A), as inserted by section 24(1) of the Amending Act, comes into operation and the proceeding for that offence is not commenced by or on behalf of a law enforcement agency or the complainant is not a law enforcement agency, on and after the commencement of section 229(2A), the Councillor is taken to not have been stood down under section 229(1).

(8) A Councillor taken to not have been stood down by force of subsection (7) is entitled to their allowance that was withheld under section 229(4) as a consequence of the Councillor being stood down before the commencement of section 229(2A).

(9) Despite subsection (7), anything done, including any act in the exercise of any function, power or duty by any person under the Act, as a consequence of a Councillor to whom that subsection applies being stood down under or in accordance with this Act, as in force before the commencement of section 229(2A), remains valid.”.’.

Third reading

Motion agreed to.

Read third time.