Queensland Consolidated Acts

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LOCAL GOVERNMENT ACT 1993 - SECT 102

102 Making final determination and preparation of report

(1) As soon as practicable after completing its consideration of the submissions, the commission must make a final determination of the matter, and prepare a report for the Minister on the reviewable local government matter.

(2) If the matter is the subject of a delayed implementation reference and the commission makes a determination to implement the matter, the commission--

(a) must determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination to implement the matter; and
(b) must determine not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments' areas.

(3) If the matter is a reviewable local government matter mentioned in section 64(1)(c) (other than a matter the subject of a delayed implementation reference) for a local government area that is divided, the commission may determine the matter be implemented on the conclusion of the election, at the next quadrennial elections, of all councillors for the local governments affected by the determination only if--

(a) the commission is satisfied it is appropriate to delay implementing the matter having regard to the delayed implementation issues for the matter; and
(b) the commission determines not to implement a reviewable local government matter mentioned in section 64(1)(g), (h), (i) or (k) for the local governments or the local governments' areas.

(4) Also, if the matter is a matter mentioned in section 64(1)(c) (the first matter) and the commission makes a determination to implement the first matter, the commission may, if it is satisfied it is appropriate for another reviewable local government matter mentioned in section 64(1)(g) or (h) included in the reference of the first matter, make a determination to implement the other matter only so far as the other matter relates to all of the divisions of a local government area directly affected by the determination of the first matter.

(5) However, subsection (4) does not apply if the commission makes a determination of a matter mentioned in section 64(1)(i) or (k) included in the reference of the first matter.

(6) For subsection (4), a division of a local government area is directly affected by the determination of the first matter only if, under the determination--

(a) the division's boundaries are to be changed because of the exclusion of part of the local government area (the excluded part) and including the excluded part in another local government area; or
(b) the division adjoins the excluded part; or
(c) the division adjoins a division mentioned in paragraph (a) or (b).

(7) The report must--

(a) state the determination and reasons for it and, if applicable, include recommendations on implementation issues for the matter; and
(b) include a summary of the submissions made to the commission on the matter; and
(c) be accompanied by copies of the submissions.


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