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2017-10-10 Services & Organisation Committee Agenda

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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 OCTOBER 2017




                                                       Page 16 of 84

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                              10 OCTOBER 2017

 COUNCIL POLICY -LOCAL LAW MAKING PROCESS

 Step 5 —      Accept and consider every submission properly made to the local government.
               A submission is properly made to the local government if it —
               (a)   is the written submission of any person about the proposed local law; and
               (b)   states—
                     (i) | the grounds of the submission; and
                     (ii) | the facts and circumstances relied on in support of the grounds; and
               (c)  is given to the local government on or before the last day of the consultation
                    period.
 Step 6        By resolution, decide whether to—
               (a)   proceed with the making of the proposed local law as advertised; or
               (b)   proceed with the making of the proposed local law with amendments; or
               (c)   make the proposed local law as advertised; or
               (d)   make the proposed local law with amendments; or
               (e)   not proceed with the making of the proposed local law.
               If the local government resolves to proceed with the making of the proposed local
               law with amendments, and the amendments are substantial, the local government
               may again —
               (a)   consult with the public at step 3; and
               (b)   accept  and   consider every   submission   properly  made to    the   local
                     government at step 5.
               For the avoidance of doubt, if an amendment changes an anti-competitive
               provision, the local government must again comply with the procedures prescribed
               under a regulation for the review of anti-competitive provisions for the amended
               anti-competitive provision.
 Step 7 —      Let the public know that the local law has been made, by publishing notice of the
               making of the local law in accordance with the requirements of section 29B(1) to
               (4) inclusive of the Local Government Act 2009.
 Step 8 —      As soon as practicable after the notice is published in the gazette, ensure that a
               copy of the local law may be inspected and purchased at the local government's
               public office.
 Step 9 —      Within 14 days after the notice is published in the gazette, give the Minister—
               (a)   acopy of the notice; and
               (b)   acopy of the local law in electronic form; and
               (c) _ if the local law contains 1 or more anti-competitive provisions—
                     (i) | advice of each anti-competitive provision; and
                     (ii) | the reasons for their inclusion.
 Step 10—      Update the local government’s register of its local laws.

 Part D—Making a subordinate local law
 The process (subordinate local law making process) stated in this Part D must be used to make a
 subordinate local law (a proposed subordinate local law).
 The local government may start the process for making a subordinate local law even though the
 process for making the local law (including a model local law) on which the subordinate local law is
 to be based (the proposed authorising law) has not finished.

                                                                                    Page 16 of 84
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