| WHAT THE CONSTITUTION SAYS |
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| Local government (1) There shall continue to be a system of local government for the State under which duly elected or duly appointed local government bodies are constituted with responsibilities for acting for the better government of those parts of the State that are from time to time subject to that system of local government. (2) The manner in which local government bodies are constituted and the nature and extent of their powers, authorities, duties and functions shall be as determined by or in accordance with laws of the Legislature. (3) The reference in subsection (2) to laws of the Legislature shall be read as a reference to laws that have been enacted by the Legislature, whether before or after the commencement of this section, and that are for the time being in force. (4) For the purposes of this section, the Western Lands Commissioner, the Lord Howe Island Board, and an administrator with all or any of the functions of a local government body, shall be deemed to be local government bodies. |
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LOCAL GOVERNMENT- ITS PLACE IN THE CONSTITUTION |
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| Whilst Local Government is "recognised" in the Constitution Act 1902 (NSW) Section 51 (1) it is not 'entrenched' in the sense that the system of local government could only be abolished by referendum or after a bill has been passed by an absolute majority of each house of parliament. The words "local government" are not defined in the Act nor is the system of local government operating in New South Wales described in the Act. Section 51 (1) does however say "...duly elected or duly appointed local government bodies are constituted with responsibilities for acting for the better government of those parts of the State that are from time to time subject to that system of local government." Section 51 (2) of the Constitution Act makes it clear that local government is subordinate to the state, and not sovereign. "The manner in which local government bodies are constituted and the nature and extent of their powers, authorities, duties and functions shall be as determined by or in accordance with laws of the Legislature (that is, the parliament of NSW).
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Section
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