2018-08-07 S&O Agenda - Att 5 to Item 7 - Local Law Amendments

                     Noosa Shire Council Local Law No. 1 (Administration) 2015                19



Part 6                  Legal proceedings

30   Defence of reasonable excuse
          If a person is charged with an offence involving a contravention of a local law, it
          is a defence to prove that the person had a reasonable excuse for the contravention.


31   General defence for owners or occupiers of land
          In a proceeding under a local law against the owner or occupier of land for an
          offence relating to an act or omission with respect to the land, it is a defence for
          the owner or occupier to prove that—
          (a)    the act or omission occurred without the owner’s or occupier’s knowledge
                 or consent; and
          (b)    the owner or occupier could not, by reasonable diligence, have prevented
                 the act or omission.

32   Joint and several liability
     (1) If a local law imposes a liability on an owner or occupier of property, or a person
         engaged in a particular activity, and 2 or more persons are the owners or occupiers
         of the relevant property, or are jointly engaged in the relevant activity, the liability
         is joint and several.
     (2) This section applies both to civil liabilities and liabilities enforced by summary
         proceedings under the Justices Act 1886.


33   Rewards
     (1) The local government may, by public notice, offer a reward for information
         leading to the conviction of a person for—
          (a)    an offence involving damage to, or theft of, property of the local
                 government or under the local government’s control; or
          (b)    an offence against a local law.
     (2) The amount of the reward, and the conditions on which it is payable, must be
         decided by resolution of the local government.



Part 7                  Miscellaneous

34   Maintenance of good order at meetings
     (1) A person who is not a member of the local government or a local government
         committee must not obstruct the proper conduct of a meeting of the local
         government or committee.
          Maximum penalty for subsection (1)—20 penalty units.