2017-10-10 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA   10 OCTOBER 2017




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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                 10 OCTOBER 2017

   COUNCIL POLICY -LOCAL LAW MAKING PROCESS

   The local government may use steps 1 to 5 of the subordinate local law making process (other
   than actually making the subordinate local law) before the proposed authorising law is made if—
   (a)  in making the proposed authorising law, the local government has to satisfy—
        (i) | the model local law making process; or
        (ii) | the other local law making process; and
   (b)  if the proposed authorising law is made under the other local law making process— the
        notice about the subordinate local law under step 2 of the subordinate local law making
        process is published no earlier than the notice about the proposed authorising law under step
        3 of the other local law making process is published.

   For the avoidance of doubt, a subordinate local law made by the local government using the
   process detailed in this Part D may provide for the local government to, from time to time, by
   resolution, reference or incorporate information.
   For example, under the Local Government Regulation 2012, the competition policy guidelines for
   the identification of anti-competitive provisions are a document made by the department and
   available for inspection on the department's website.

   Step 1—      By resolution, propose to make the proposed subordinate local law.

   Step 2—      Consult with the public about the proposed subordinate local law for at least 21
                days (the consultation period) by—
                 (a)  publishing a notice (also a consultation     notice) about the proposed
                      subordinate local law at least once in a newspaper circulating generally in the
                      local government’s area; and
                 (b)  displaying the consultation notice in a conspicuous place in the local
                      government's public office from the first day of the consultation period until
                      the end of the last day of the consultation period; and
                 (c)  making a copy of the proposed subordinate local law available for inspection
                      at the local government's public office during the consultation period; and
                 (d)  making copies of the proposed subordinate local law available for purchase
                      at the local government's public office during the consultation period.
                 The consultation notice must state the following—
                 (a)  the name of the proposed subordinate local law; and
                 (b)  the name of—
                      (i) | the local law allowing the proposed subordinate local law to be made;
                            or
                      (ii)  if the local government has started the process for making a
                            subordinate local law even though the process for making the proposed
                            authorising law on which the subordinate local law is to be based has
                            not finished — the proposed authorising law; and
                 (c)  the purpose and general effect of the proposed subordinate local law; and
                 (d)  the length of the consultation period and the first and last days of the period;
                      and
                 (e)  that written submissions by any person supporting or objecting to the
                      proposed subordinate local law may be made and given to the local
                      government on or before the last day of the consultation period stating—
                      (i) | the grounds of the submission; and
                      (ii) | the facts and circumstances relied on in support of the grounds.

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