CONTRACTS
ntracts. A Local Authority may enter into contracts for the discharge of any of the functions of local government.
62 s. 19 LOCAL GOVERNMENT ACT 1936-1985 s. 19 w contracts made, var rged. Every contract
by the Local Authority varied, or discharged (a) Any contract which, if made between private persons, would by law be required to be in writing and under seal, shall be made by the Local Authority in writing and under its seal, and shall be varied or discharged in the same manner;
(b) Any contract which, if made between private persons, would by law be required to be in writing signed by the parties to be charged therewith shall be made in writing signed by the chairman, or by any two members acting by the direction and on behalf of the Local Authority, and shall be varied or discharged in the same manner;
(c) Any contract which, if made between private persons, would by law be valid, although not reduced into writing may be made without writing by the chairman or by any two members acting by the direction and on behalf of the Local Authority, and may be varied or discharged in the same manner.
Notwithstanding the provisions of subparagraphs (b) and (c) of the preceding paragraph the Local Authority may authorize the clerk or another of its officers (either generally or in a particular case), in lieu of the chairman or any two members referred to in those subparagraphs, on its behalf to enter into contracts referred to in either of those subparagraphs for the execution of any works or the furnishing of any goods or any materials of a value not exceeding $1 000 if-
(a) provision for meeting the cost of any such a contract has been made in the budget; or
(b) the cost of any such a contract has been approved by the Local Authority in emergent or extraordinary circumstances, and the clerk or the officer may enter into such a contract, if it is a contract that is specified in subparagraph (b) of the preceding paragraph in the manner specified in that subparagraph or if it is a contract that is specified in subparagraph (c) of the preceding paragraph in the manner specified in that subparagraph and may vary or discharge the contract in the same manner.
.
Subject as hereinafter provided, all contracts made according to the provisions herein contained shall be effectual in law and shall be binding on the Local Authority and all other parties thereto, their successors, executors, or administrators, as the case may be; and in case of default in the execution of any such contract, either by the Local Authority or by any other party thereto, such actions may be maintained thereon and such damages and costs recovered by or against the Local Authority, or the other parties failing in the execution thereof, as might have been maintained and recovered if the same contract had been made between private persons only.(iv) (a) Where plant, equipment, or plant and equipment of a substantial capital cost is required for the discharge of the function of
as follows:-
(iii) Such contracts bin
s.19 63
s. 19 LOCAL GOVERNMENT ACT 1936- 1985
cleansing by the removal of nightsoil and/or garbage, a contract entered into by a Local Authority for the discharge thereof may be, and it is hereby declared always could be, conditioned for the giving by that Local Authority to the contractor of financial assistance for the purpose of enabling or assisting the contractor to provide that plant, equipment, or plant and equipment, for the giving by the contractor of security with respect to that financial assistance, and for the payment by the contractor to the Local Authority of the amount of that financial assistance:
Provided that a Local Authority shall not, at any time after the passin of “The Local Government Acts and Another Act Amendment Act of1951 (No. 2)”, notify its intention to make and invite tenders for any contract specified in this paragraph (iv), unless and until the Minister shall have approved in writing of the making and inviting of such tenders.
(b) There shall be set out in any contract specified in this paragraph (iv) entered into by a Local Authority at any time after the passing of
“The Local Government Acts and Another Act Amendment Act of 195 1 (No. 2)”, or in a separate document the amount of the financial assistance, the rate of interest thereon, the security to be
contractor with respect thereto, all such terms, provisions a
as are necessary to provide for the payment of the amount thereof within a specified limit of time and for payment of interest thereon by periodical instalments (which periodical instalments may be compounded of principal and interest) and all such other matters as are necessary or expedient in the circumstances.
Any and every security to be given by the contractor with respect to any amount of the financial assistance shall be duly given by him not later than the time when the same is given by the Local Authority:
Provided that a Local Authority shall not, at any time after the passin of “The Local Government Acts and Another Act Amendment Act o
F
1951 (No. 2)”, enter into, or offer to enter into, any contract specified in this paragraph (iv) unless and until the Minister shall have approved in writing of the giving of the financial assistance, the amount thereof, the rate of interest thereon, the security to be given by the contractor with respect thereto, and the terms, provisions and conditions of the payment thereof by the contractor to the Local Authority.(c) In and for the purposes of this paragraph the term “Local Authority” includes Brisbane City Council.
acts. (a) Subject to paragraph (b) of this subsection a Local Authority may enter into a contract for the discharge of a function of local government, under which it is agreed that moneys due may be paid by instalments extending over a period of time.
(b) The Local Authority shall not enter into a contract under paragraph (a) of this subsection (in this paragraph (b) called “the firstmentioned contract”)-
(i) if the amount of the payments in any year (whether the year in which it is proposed to enter into the firstmentioned
64 s.19 LOCAL ~ O V E ~ N ~ E N T ACT 1936- 1985 s. 19
contract or a later year) necessary in respect of the
~ r s t m e n t i o n ~ ~ contract; or
(ii) where another contra~t under h (a) of this subsection is subsisting in the year in is p ~ o p o s e ~ to enter into the firstmention~d contract and payments from the proper fund are payable in respect of that other contract, if year (w~ether the first men ti one^
contract; and
respect of the firstm contract,
) the amount of the s n e c e s s a ~ in that year in per c ~ n t u ~ of the est
for the year in which entioned contract.
(c) (Repealed).
(b) o f this
subsection^
the term(ii) in the case of a Local uthority other than
two or more
(e) Any contract entered into by a Local Authority contrary to the rovisions of this subsection shall be void and of no egect.
s. 19 LOCAL GOVERNMENT ACT 1936-1985 s. 19 6 5
I f a Local Authority having entered into a contract which by -virtue of this subsection is void and of no effect pays in respect of such contract any money, all the members of the Local Authority who consented to the contract shall be jointly and severally liable to repay the same to the Local Authority, and the same may be re cove re^ from such members or any of them as money due and owing by such members to the Local Authority by action at the suit of the Minister in any court of competent juris~ction.
(f) This subsectio~ shall not be construed so as to a ze or permit a Local A u t h o ~ t y to enter as a hirer into a hi chase a ~ e e m e n t within the me ning of “The ~ ~ r e - ~ ~ r ~ h ~ s e Act of 1959” or to grant a bill of sale within the meaning of “The Bills of Sale and r he^ ~ n s t ~ ~ ~ n t s Act of 1955.”
es of c o ~ ~ ~ c t ~ etc. A Local Authority
I: other consideration as it thinks fit, compound With any person who has entered into any contract with the Local Authority (other than a contract which is absolutely void and of none effect under this Act) or by or against whom any action or other proceeding may be or has been brought against or by the Local Authority, for any cause whatsoever,
(4) de^^ and q ~ o ~ a t ~ ~ ~ s for cases of emergency, before any CO
execution of any work or the furnishi~g of any goods or materia~s to
an amount not exceeding $10,000 or such other amount as the ~ o ~ e ~ o r in Council from time to time by Order in Council d e t e ~ i ~ e s (he being
hereby thereunto a ~ t h o r i s e ~ ) is entered into by a Local Authority such Local Authority shall three weeks at least before entering into such contract noti& its intention to make and invite tenders for such contract by public notice published in such ne~spaper or newspapers and in such other manner and to such extent as will ensure that the Local A u ~ o r i t y will receive the greatest number of tenders.
xcept in cases of emergency, a Local Authority shall not enter into any contract for the execution of any work or the furnishing of any goods or materials to an amount exceeding $3,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised), but not exceeding $10,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereto authorised), unless and until the Local Authority has, in such manner and to such extent as will in its opinion ensure the receipt by it of the greatest number, invited and given o p p o ~ u ~ i t y for the making of quotations.
The Local Authority may accept the tender or ~uotation which on a view of all the ~ircumstances appears to it to be the most advan~geous, or the Local Authority may decline to accept any of the tenders or quotations.
The Local Authority shall take security for the due performance of any c~ntract to an amount exceeding $10,000 or such other amount as
3
66 s. 19 LOCAL GOVERNMENT ACT 1936-1985 s, 19
the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised).
In determining which tender or quotation is the most advantageous in respect of a contract for the furnishing of any goods or materials to be financed either wholly or partly by way of money borrowed pursuant to the provisions of section 22 or by way of subsidy paid by the Treasurer of Queensland, a Local Authority may take into consideration the re~uirements of the Treasurer of Queensland at the material time in relation to the granting of preference to man~facturers.
( 4 4 fa) ~otwithstanding the provisions of subsection (4), a Local Authority may authorise the clerk or another of€icer thereof (either generally or in a particular case) to purchase on its behalf at public auction land, goods or materials to an amount not exceeding $25,000 or such other amount as the Governor in Council from time to time by Order in Council determines (he being hereby thereunto authorised), if-
(i) provision for meeting the cost of such land, goods or materials has been made in the budget; or
(ii) the cost of such land, goods or materials has been approved by the Local Authority in emergent or extraordinary circumstances,
(b) Where the clerk or other officer is authorised pursuant to paragraph (a) to purchase land, goods or materials on behalf of the Local Authority, he may enter into a contract referred to in subp~agraph (b) or (c) of paragraph (ii) of subsection (1) in the stead of the chairman or any two members referred to in those subparagraphs and, if it is a contract that is specified in subparagraph (b) of that paragraph (ii), he may enter into that contract in the manner specified in that subparagraph (b) or, if it is a contract specified in subparagraph (c) of that paragraph (ii) he may enter into it in the manner specified in that subparagraph (c) and may, in either case, vary or discharge the contract in the same manner.
ale of land or of surplus ~ o ~ d s ox rnateri Is. (a) Notwithstanding the provisions of subsection (4), a Local Authority, in the case of a sale of land or of any surplus goods or materials-
(i) may sell the land, goods or materials by public auction;
(ii) may, where the value of the land, goods or materials is in the opinion of the Local Authority less than $500, effect a sale in such manner as it thinks fit;
(iii) shall, where the value of the land, goods or materials is in the opinion of the Local Authority $500 or more and it does not elect to sell the land, goods or materials by public auction, invite tenders for such sale by public notice published in such newspaper or newspapers and in such other manner and to such extent as the Local Authority considers sufficient to ensure the receipt of the greatest number of tenders, and so that there is a period of nut less than three weeks between
EL 19 LOCAL ~ O V E R ~ ~ E ~ T ACT 1936- 1985 6.19 67
the date the public notice is first so published and the closing date for tenders.
Where tenders are invited, the Local Authority may accept the tender which on a view of all the circumstances appears to it to be the most advantageous, or it may decline to accept any of the tenders.
(b) In any case where, pursuant to this subsection, a Local Authority has offered any land or any surplus goods or materials for sale by tender or public auction and it is or they are not sold, the Local Authority may, within 12 months after such offer for sale, sell such land, goods or materials by private contract; but the sale price in respect of such sale by private contract shall not be less than the highest amount that was offered in respect of the offer for sale by tender or public auction as aforesaid.
(c) The Local Authority shall, not more than fourteen or less than seven days before the date on which it will offer for sale by public auction any land or surplus goods or materials, advertise in a newspaper the day, time and place when and where the public auction will take place and a full description of the land or, as the case may be, surplus goods or materials in question.
(d) In the case of land, the Local Authority shall, not more than fourteen or less than seven days before the date on which it will offer the land for sale by public auction, affix on some conspicuous part of the land a notice setting out the day, time and place when and where the public auction will take place and a full description of the land.
(e) Any offer for sale by public auction to which this subsection.
applies may be at a reserve price resolved by the Local Authority.
(6) Subsections (4) and ( 5 ) do not apply to the following dealings, which the Local Authority i s hereby empowered to effect by private contract:-
(a) contracts for the sale of land to or the exchange of land (i) the Crown in the right of the Commonwealth or of this
State or of any other State of the ~ommonwealth;
(ii) any authority, body or corporation empowered by Statute to provide public utility services;
(iii) any corporation, society or association, or any religious body, organisation or community, to be used for a purpose that would except the land from ratin pursuant to section 24 of this Act;
(iv) The Boy Scouts Association, (Queensland Branch) or The Girl Guides Association (Queensland, Australia), for use in the promotion of the objects of those Associations;
(v) any corporation, society or association, for use in the conduct or promotion of athletic sports or games, or recreational activities, or in the care of sick, convalescent, with-
'
68 s.19 LOCAL ~ ~ V E R ACT ~ ~1936-1985 E ~ T s. 19
aged, i n ~ r m or indigent persons, or in the promotion of the arts or education;
(b) leases or agreements for lease of land by the Local Authority for purposes other than trade, CO merce or industry;
(c) contracts for the transfer of land to a person in satisfaction of the whole or part of any claim for compensation by that person against the Local Authority;
(d) contracts for the sale of re~stered proprietor of, or owner of an estate i in, adjoining land- (i) where the land to be nsufficient area or is of
a shape that cannot satisfactorily as a separate allotment unless it is a ated with that adjoining land;
(ii) Where the area of that adjoining land is insufficient to allow its development for a pu e that is p e ~ i s s i b l e under a town pla~ning scheme y-law in force in locality in which that adjoining land is situated, or un the Town Plan or ordinances of Brisbane City Counci
land is situated in the City of oining land is a ~ ~ l g a m a ~ e d with
(iii) where the area of that adjoi land is less than 400 square metres, or the area or frontage of that land is less than the minimum area or fron fixed, in the case of the Local Authority by by-law or i e case of ~risbane City Council by ordinance, as the m i n i ~ u m area or frontage of an allotment required for a new subdivisio of land in the locality in which that adjoining land is situated;
(e) contracts, riot o this subsection, for the exchan e of subject to the prior proposed contract.
approval o
f
the of the parties to the e” incl e parking of vehicles associate^ with the conduct o urpose e t e r n “insufficient” means insufficient in the opinion of the Local Authority.(7) Subsection (4) does not apply to a contract entered into by a
Local Authority for the purchase of motor vehicles under the ~ o v e ~ ~ e n t Services Contract pursuant to a ~ a n g ~ m e n t s made by the Local Aut~ority
with the State Stores Board.
(8) If, pursuant to subsection (4), Local Authorities are required to invite tenders for contracts for the purchase by them of goods or materials, those Local Authorities may agree to jointly invite tenders for contracts for the purchase by them of those goods or materials.
(9) If, pursuant to subsection (4), Local Authorities are required to invite quotations for contracts for the purchase by them of goods or
In paragraph (d) of this subsection the term ‘
S . 19A LOCAL GOVERNMENT ACT 1936-1985 s . 1 9 ~ 69
materials, those Local Authorities may agree to jointly invite quotations for contracts for the purchase by them of those goods or materials.
(10) The provisions of subsection (4) shall be observed by Local Authorities when invitin considering and accepting tenders mentioned in subsection (8) or quo tions mentioned in subsection (9).
As amended by Act of 1942, 6 Geo. 6 No. 39, s. 8; Act of 1949 (No. 2), 13 Ceo. 6 No. 43, s. 2; Act of 1951 (No. 2), 15 Geo. 6 No. 40, s, 6; Act of 1958 (No. 21, 7 Eli2. 2 No. 54, s. 6; Act of 1966, No. 30, s, 4; Act of 1967, No. 23, s. 2 (as from 1 January 1967); Act of 1971, No. 74, s. 8; Act of 1972, No. 31, s. 6 First Sch.; Act of 1973, No.
38, s. 7; Act of 1975, No. 16, s. 8; Act of 1976, No. 24, s. 8; Act of 1978, No. 50, s. 7;
Act of 1978, No. 86, s. 7; Act of 1980, No. 19, s. 1 1 ; Act of 1983, No. 8, s. 8; Act of 1984, No. 42, s. 8.
LscaB ~ ~ ~ h ~ r ~ ~ y
uthority may se1
(a) land acquired by it pursuant to section 27 (4) or (1 1);
(b) with the prior approval of the
overn nor
in Council given ate contract without lying with section 19 (4) or (5) butto and in accordance or
by Order in Council, any other land acquired by it,
purchaser’s erecting the
occu~ation and enjoyment, Ouse for his own
a. (a) Before a Local d pursuant to this section, it shall submit its proposal to sell that land for the approval of the Governor in Council. The proposal shall include specificatio~ of the terms and conditions to which the Local Authority ~roposes that the sale will be subject.
(b) The Governor in Council may approve of any proposed sale or may withhold his approval, and, if he approves, may impose terms and conditions to which the proposed sale shall be subject.
(c) Upon application by the Local Authority, the Governor in Council may at any time vary the terms and conditions imposed by him under paragraph (b) or those terms and conditions as previously varied by him under this paragraph and if, in his opinion, the case requires it, may on like application revoke his approval and grant a fresh approval in its stead.
(4) io^$ of sale er this s ~ ~Every agreement to sell ~ i ~ ~ . entered into under the authority of this section-
(a) shall be subject to and in accordance with the terms and conditions (if any) imposed by the Governor in Council that apply in respect of the proposed sale at the time when the agreement is made;
and