Meeting papers

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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