12 – LOCAL GOV’T AND LOCAL COUNCILS

LOCAL GOV’T AND LOCAL COUNCILS
Dear Larry
I’ve been searching for the bit of Qld government legislation that says that local government is an “agency” of the Qld state government and been unable to find it. Can you help me out? Thanks – Kevin

REPLY

QLD seal.jpg

Queensland Government private company Seal
Local Government Act
No. 70,1993
PART 3—INTERPRETATION
Definitions
“local government” means a local government established under this Act;
© The State of Queensland 1993
The State trading as Queensland Government Sealed and copyrighted, Local government (Councils) are an agency of the State.
When a law of the Local government (Council) is inconsistent with a law of the State, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
In simple terms the Councils are UNDER the State but can’t override the power of the State because they are an agency.

Oxford Dictionary agency. n. a business or organization providing a particular service. a government office or department providing a specific service for a state.
Parliament of Queensland Act 2001 No. 81, 2001
“entity”, of a State, means—
(a) the relevant State; or
(b) the Governor or Governor in Council of the relevant State; or
(d) a Minister of the relevant State; or
(c) a department, service, agency, authority, commission,
corporation, instrumentality, board, office, or other entity,
established for a government purpose of the relevant State; or
(d) an entity a majority or more of members of which, or of the
governing body of which, are appointed by—
(i) an entity of the relevant State; or
(ii) a Minister of, or a person holding a paid public appointment
under, the relevant State; or
(e) a part of an entity mentioned in paragraph (c) or (d).

“entity”, of the Commonwealth, means—
(a) the Commonwealth; or
(b) the Governor-General or the Governor-General in Council of the Commonwealth; or
(c) a Minister of the Commonwealth; or
(c) a department, service, agency, authority, commission,
corporation, instrumentality, board, office, or other entity,
established for a Commonwealth government purpose; or
(d) an entity a majority or more of members of which, or of the
governing body of which, are appointed by—
(i) an entity of the Commonwealth; or
(ii) a Minister of, or a person holding a paid public appointment
under, the Commonwealth; or
(e) a part of an entity mentioned in paragraph (c) or (d).
In actual fact they are all abstract entities.
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A short summary out of it all –
Division 4 Government entities
.
24 What is a government entity
.
(1) An entity is a government entity if it is—
.
(a) a department or part of a department; or
(b) a public service office or part of a public service office;
or
(c) an agency, authority, commission, corporation,
instrumentality, office, or other entity, established under
an Act or under State authorisation for a public or State
purpose; or
(d) a part of an entity mentioned in paragraph (c); or
(e) another entity, or part of another entity, declared under a
regulation to be a government entity; or
(f) a registry or other administrative office of a court of the
State of any jurisdiction.
.
(2) However, each of the following entities is not a government
entity—
.
(a) a local government;
(b) a corporation owned by a local government, or a
subsidiary of a corporation owned by a local
government;
(c) the parliamentary service;
(d) the Governor’s official residence (known as
‘Government House’) and its associated administrative
unit;
(e) the Executive Council;
(f) the Legislative Assembly;
(g) a court of the State of any jurisdiction;
.
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/P/PublicServA08.pdf
Public Service Act 2008 (PDF, 926KB) – legislation.qld.gov.au
http://www.legislation.qld.gov.au
Contents Public Service Act 2008 Page 3 39 Chief executive report on management and employment principles 39 40 Obtaining report on functions or activities …

The States cannot legislate for something that the C of A Constitution does not provide for. Therefore Local Government land taxes are not constitutionally invalid.

That’s it all in a nutshell
it’s just that the bastards ignore it  and what arrogance councillors have email addresses ending in …. ,gov.au

 

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