Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
City of Melbourne Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Construction of Act 3
5. Application of certain provisions of the Local Government Act
1989 3
PART 2--THE COUNCIL 4
6. Constitution of the Council 4
7. Additional objectives 4
8. Meetings between the State and the Council 5
PART 3--ELECTIONS 6
Division 1--Voters and Voters' Rolls 6
9. Corporations to have 2 votes at Council elections 6
10. Procedure if no corporate representatives appointed 8
11. Notice to people on voters' list 9
Division 2--Elections 9
12. Council must hold election every 3 years 9
13. Date of election 9
14. Elections to be held simultaneously 10
15. Joint nominations for Lord Mayor and Deputy Lord Mayor 10
16. Candidates may only stand for one position 11
17. Senate-style ballot-paper to be used for Councillor elections 11
18. How votes to be counted 12
19. Compulsory voting 13
PART 4--COUNCIL ADMINISTRATION 15
i
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
Clause Page
20. Precedence of Lord Mayor 15
21. Reference to mayor includes Lord Mayor 15
22. Deputy Lord Mayor 15
23. Term of office of Lord Mayor and Deputy Lord Mayor 15
24. Filling of vacancies 16
25. Appointment of acting Deputy Lord Mayor 17
26. Allowances 18
27. General provisions concerning allowances 18
PART 5--OTHER MATTERS 19
28. Power of Minister in respect of use of revenue 19
29. Differential rates 19
PART 6--REGULATIONS 21
30. Regulations 21
PART 7--AMENDMENTS TO OTHER ACTS, REPEALS AND
SAVINGS PROVISIONS 22
31. Consequential amendments 22
32. Repeal of City of Melbourne Act 1993 22
33. Orders to continue 23
__________________
SCHEDULES 24
SCHEDULE 1--Provisions with respect to holding an election of
councillors 24
SCHEDULE 2--Form of ballot-paper 35
ENDNOTES 36
INDEX 37
ii
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 21 March 2001
As amended by Assembly 5 April 2001
A BILL
to alter the electoral structure of the City of Melbourne, to provide for
the direct election of a Lord Mayor and a Deputy Lord Mayor, to
facilitate an early election of the members of the Melbourne City
Council and for other purposes.
City of Melbourne Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purpose
The purpose of this Act is--
(a) to alter the electoral structure of the City of
5 Melbourne; and
1
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 2
Act No.
(b) to provide for the direct election of the Lord
Mayor of Melbourne and the Deputy Lord
Mayor of Melbourne; and
(c) to facilitate an early election of the members
5 of the Melbourne City Council; and
(d) to provide for greater co-ordination between
the State Government and the Council in
relation to matters of significance to the
State of Victoria; and
10 (e) to transfer provisions that only affect the
City of Melbourne to this Act.
2. Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
15 the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
20 not come into operation before 1 January 2002, it
comes into operation on that day.
3. Definitions
In this Act--
"City of Melbourne" means the municipal
25 district of the Council;
"Council" means the Melbourne City Council;
"Deputy Lord Mayor" means the Deputy Lord
Mayor of the City of Melbourne;
"general election" means an election for all of
30 the members of the Council;
"Lord Mayor" means the Lord Mayor of the
City of Melbourne.
2
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 4
Act No.
4. Construction of Act
(1) This Act is to be read as if it formed part of the
Local Government Act 1989.
(2) If there is an inconsistency between this Act and
5 the Local Government Act 1989, this Act
prevails to the extent of the inconsistency.
5. Application of certain provisions of the Local
Government Act 1989
(1) The following provisions of the Local
10 Government Act 1989 do not apply to the
Council or the City of Melbourne: sections 10,
40(1), 71, 72, 73, 74, 74B and 220Q(i), (j), (k), (l),
(m), (n), (na) and (nb).
(2) Schedules 2, 3 and 3A of the Local Government
15 Act 1989 only apply to the Council and the City
of Melbourne as specified in this Act.
_______________
3
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 6
Act No.
PART 2--THE COUNCIL
6. Constitution of the Council
(1) The Council consists of--
(a) a Lord Mayor; and
5 (b) a Deputy Lord Mayor; and
(c) 7 Councillors.
(2) The City of Melbourne consists of one
unsubdivided ward.
(3) The Lord Mayor and Deputy Lord Mayor are
10 Councillors of the Council.
7. Additional objectives
In seeking to achieve its purposes under the Local
Government Act 1989, the Council has the
following objectives in addition to the objectives
15 specified in section 7 of that Act--
(a) to ensure a proper balance within its
community between economic, social,
environmental and cultural considerations
within the context of the City of Melbourne's
20 unique capital city responsibilities;
(b) to develop and implement strategic
directions and policies for the City of
Melbourne in collaboration with the
Government of the State to ensure alignment
25 with that Government's strategic directions
and policies for the City of Melbourne as the
capital city of the State of Victoria;
(c) to co-ordinate with the State and
Commonwealth Governments in the
30 planning and delivery of services in the City
of Melbourne in which those governments
have an interest;
4
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 8
Act No.
(d) to work in conjunction with the Government
of the State on projects which that
Government or the Council determines are
significant to Melbourne.
5 8. Meetings between the State and the Council
(1) The Premier, or his or her nominee, may convene
meetings with the Council to consider any matter
that, in the opinion of the Premier (or the
nominee), is of significance to the Government of
10 the State and is relevant to achieving the
objectives of the City of Melbourne as the capital
city of the State of Victoria.
(2) Without limiting sub-section (1), matters of
significance may include major building or
15 infrastructure projects, and social and
environmental policies that contribute to the
development of the City of Melbourne as a
liveable and competitive city.
(3) The Lord Mayor and the Deputy Lord Mayor are
20 to represent the Council at any meeting convened
under this section.
_______________
5
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 9
Act No.
PART 3--ELECTIONS
Division 1--Voters and Voters' Rolls
9. Corporations to have 2 votes at Council elections
The Local Government Act 1989 applies as if--
5 (a) for sections 13(1) and (2) there were
substituted--
"(1) If on the entitlement date--
(a) a corporation is the owner or
occupier of any rateable land in
10 the City of Melbourne; or
(b) the joint owners or joint occupiers
of any rateable land in the City of
Melbourne consist of corporations
or a combination of people and
15 corporations (of at least 1 person
and 1 corporation)--
the corporation or the joint owners or
joint occupiers may appoint 2 people to
represent it or them at Council elections
20 to vote on its or their behalf.
(2) A corporation may only exercise the
right of entitlement conferred by sub-
section (1) once, regardless of how
many parcels of rateable land it owns or
25 occupies or jointly owns or occupies in
the City of Melbourne.";
(b) after section 13(2) there were inserted--
"(2A) In Council elections, each of the
representatives of a corporation is
30 entitled to vote once at any election for
the Lord Mayor or Deputy Lord Mayor
6
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 9
Act No.
and once at any election for the other
Councillors.";
(c) sections 13(3)--(6) were repealed;
(d) the references to section 13(3) in sections 14,
5 16, 17, 20(1) and 22(2) were omitted;
(e) for sections 17(1)(c) and (d) there were
substituted--
"(c) is for any other reason already enrolled,
or entitled to be enrolled, on the voters'
10 roll in respect of the City of
Melbourne.";
(f) for section 18(1) there were substituted--
"(1) On receiving notice of an appointment,
the Chief Executive Officer must enrol
15 the person appointed unless he or she
believes the person is not entitled to be
enrolled.
(1A) If the Chief Executive Officer receives
a notice of appointment in respect of
20 any rateable land in respect of which
2 people have already been enrolled--
(a) if the notice only appoints one
person and does not revoke the
appointment of either of the
25 2 people enrolled, the Chief
Executive Officer must refuse to
enrol the person;
(b) if the notice appoints 2 people, the
Chief Executive Officer must
30 enrol those 2 people and must
remove the names of the 2 people
previously enrolled from the
voters' list, regardless of whether
or not the notice revokes the
35 earlier appointment.".
7
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 10
Act No.
10. Procedure if no corporate representatives appointed
(1) This section applies if a corporation is the sole
owner or occupier of any rateable land in the City
of Melbourne and the Chief Executive Officer has
5 not received by 4 p.m. on the entitlement date
notice under section 13(1) of the Local
Government Act 1989 that the corporation has
appointed 2 representatives who are entitled to be
enrolled.
10 (2) If the corporation has validly appointed one
representative, it is deemed to have appointed as
its other representative the first of the following
people who is eligible to be enrolled as a
representative and who is not already a
15 representative--
(a) a company secretary of the corporation (to
be taken in alphabetical order);
(b) a director of the corporation (to be taken in
alphabetical order).
20 (3) If the corporation has not validly appointed any
representatives, it is deemed to have appointed as
its representatives the first 2 of the people listed in
sub-section (2) who are eligible to be enrolled as a
representative.
25 (4) In determining the eligibility of a person to be a
representative, the Chief Executive Officer must
assume that any information supplied to him or
her by the Australian Securities and Investments
Commission on or after the entitlement date
30 concerning the name, address and age of a
company secretary or director is current and
accurate.
(5) If a person is deemed to be a representative of a
corporation, the Chief Executive Officer must--
8
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 11
Act No.
(a) enrol the person on the voters' list as soon as
possible after the entitlement date; and
(b) advise the corporation of that fact in writing.
11. Notice to people on voters' list
5 (1) The Chief Executive Officer of the Council must
give to each person who is on the voters' list
prepared by him or her a notice stating--
(a) that the person is on the list; and
(b) that the person has a right to object, and the
10 grounds on which an objection may be made;
and
(c) any other details required by regulations
made under the Local Government Act
1989.
15 (2) The Chief Executive Officer must ensure that the
notice is posted or delivered to each person at the
address shown on the voters' list and that it is
posted or delivered at least 3 days before the date
specified under section 22(2) of the Local
20 Government Act 1989.
Division 2--Elections
12. Council must hold election every 3 years
The Council must hold triennial elections.
13. Date of election
25 (1) Despite anything to the contrary in the Local
Government Act 1989, the Governor in Council
may, by Order in Council, fix a day that is before
16 March 2002 for the holding of a general
election for the City of Melbourne.
30 (2) A general election must be held on the day fixed
under sub-section (1).
9
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 14
Act No.
(3) All voting at the general election held on the day
fixed under sub-section (1) is to be by means of
postal voting.
(4) A general election for the City of Melbourne must
5 be held on the third Saturday in March in every
third year after 2002.
14. Elections to be held simultaneously
(1) The election of the Lord Mayor and the Deputy
Lord Mayor is to be conducted at the same time as
10 the election of the other Councillors.
(2) Sub-section (1) does not apply to by-elections.
15. Joint nominations for Lord Mayor and Deputy Lord
Mayor
(1) A candidate for the office of Lord Mayor or
15 Deputy Lord Mayor at a general election must
nominate for the office jointly with another
person.
(2) The notice of candidature must specify which of
the 2 candidates nominating is seeking election as
20 Lord Mayor and which of the candidates is
seeking election as Deputy Lord Mayor.
(3) A person may only nominate once for election
either to the office of Lord Mayor, or to the office
of Deputy Lord Mayor, at an election.
25 (4) The returning officer must reject any notice of
candidature that does not comply with this
section.
(5) If a person nominates for election--
(a) to both the office of Lord Mayor and the
30 office of Deputy Lord Mayor; or
(b) to the office of Lord Mayor more than once;
(c) to the office of Deputy Lord Mayor more
than once--
10
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 16
17
Act No.
the returning officer must reject any notice of
candidature in relation to the person other than the
first valid notice of candidature received by the
returning officer.
5 16. Candidates may only stand for one position
(1) A person who is a candidate for election as the
Lord Mayor or the Deputy Lord Mayor is not
eligible to be a candidate for election as a
Councillor if the elections are to be conducted at
10 the same time.
(2) If a person has nominated as a candidate for
election as Lord Mayor or Deputy Lord Mayor
and also for election as a Councillor at an election
that is to be conducted at the same time as the
15 other election, the returning officer must reject
any notice of candidature in relation to the person
other than the first valid notice of candidature
received by the returning officer.
(3) This section does not prevent a Councillor
20 nominating as a candidate for election as the Lord
Mayor or the Deputy Lord Mayor at a by-election
for either of those offices, nor does it require that
a Councillor resign from office if he or she is a
candidate for either of those offices at a by-
25 election.
(4) If a Councillor is elected as the Lord Mayor or
Deputy Lord Mayor at a by-election, the
Councillor goes out of office as a Councillor
referred to in section 6(1)(c) on the declaration of
30 the result of the by-election.
17. Senate-style ballot-paper to be used for Councillor
elections
11
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Act No.
Schedule 1 applies to a general election of the
Councillors referred to in section 6(1)(c).
18. How votes to be counted
(1) Part 3 of Schedule 3 of the Local Government
5 Act 1989 applies to the election of the Lord
Mayor and the Deputy Lord Mayor--
(a) as if each pair of candidates standing jointly
for the positions was a single candidate; and
(b) as if there was no reference to "only
10 1 Councillor".
(2) Schedule 2 and Parts 1, 2 and 5 of Schedule 3 of
the Local Government Act 1989 also apply to
the election of the Lord Mayor and the Deputy
Lord Mayor.
15 (3) Part 4A of Schedule 3 of the Local Government
Act 1989 applies to the election of the Councillors
referred to in section 6(1)(c).
(4) On the determination of the successful pair of
candidates under sub-section (1), the returning
20 officer must declare elected--
(a) as Lord Mayor the member of the pair who
nominated for the office of Lord Mayor; and
(b) as Deputy Lord Mayor the member of the
pair who nominated for the office of Deputy
25 Lord Mayor.
(5) If the application of section 37A does not result in
the filling of all the vacancies in the offices of
Councillors referred to in section 6(1)(c)--
(a) in the case of a single vacancy to be filled,
30 Schedule 2 and Parts 1, 2, 3 and 5 of
Schedule 3 of the Local Government Act
1989 apply to the by-election to fill the
vacancy;
12
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 19
Act No.
(b) if there is more than 1 vacancy to be filled,
Schedule 1 applies to the by-election to fill
the vacancies.
19. Compulsory voting
5 (1) Except as is provided in the regulations under the
Local Government Act 1989, it is compulsory
for a person who is enrolled on the voters' roll in
respect of the City of Melbourne to vote--
(a) at any election for the Lord Mayor or the
10 Deputy Lord Mayor; and
(b) at any election for a Councillor or
Councillors.
(2) A person must vote as required by sub-section (1).
Penalty: 1 penalty unit.
15 (3) If an election in respect of the Lord Mayor or the
Deputy Lord Mayor and in respect of a Councillor
or Councillors is held on the same day, a person
who fails to vote in both elections is only guilty of
one offence under sub-section (2).
20 (4) If one or both of the representatives appointed by
a corporation fail to vote at an election--
(a) the corporation is guilty of an offence
against sub-section (2);
(b) the representative is, or the representatives
25 are, not guilty of an offence against sub-
section (2).
(5) A corporation is not guilty of an offence under
sub-section (2) in respect of the failure to vote of a
deemed representative if it did not receive a notice
30 under section 10(5) in respect of the enrolment of
the representative before the date of the election.
(6) Sections 40(2) to (13) of the Local Government
Act 1989 apply as if--
13
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Act No.
(a) an offence under sub-section (2) was an
offence under section 40(1A) of that Act;
and
(b) a reference to a person in section 40(3) of
5 that Act included a reference to a
corporation.
_______________
14
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 20
23
Act No.
PART 4--COUNCIL ADMINISTRATION
20. Precedence of Lord Mayor
(1) The Lord Mayor takes precedence at all municipal
proceedings within the City of Melbourne.
5 (2) The Lord Mayor must chair all meetings of the
Council at which he or she is present.
(3) If the Lord Mayor is absent from a meeting of the
Council, the Deputy Lord Mayor must chair the
meeting if he or she is present.
10 (4) If both the Lord Mayor and the Deputy Lord
Mayor are absent from a meeting of the Council,
the Councillors who are present at the meeting
must appoint one of their number to chair the
meeting.
15 21. Reference to mayor includes Lord Mayor
For the purposes of this Act, a reference to a
mayor in the Local Government Act 1989 is to
be read as including a reference to the Lord
Mayor.
20 22. Deputy Lord Mayor
(1) The Deputy Lord Mayor must act as the Lord
Mayor during any period in which--
(a) the office of the Lord Mayor is vacant; or
(b) the Lord Mayor is absent from the City of
25 Melbourne or is otherwise unable to carry
out the duties of office.
(2) In acting as Lord Mayor, the Deputy Lord Mayor
may perform any function, or exercise any power,
conferred on the Lord Mayor.
30 23. Term of office of Lord Mayor and Deputy Lord Mayor
15
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Act No.
(1) If an election for Lord Mayor is held at which the
current holder of the office was not a candidate for
the office, or was an unsuccessful candidate, the
office of Lord Mayor becomes vacant at midday
5 on the day after the public declaration by the
returning officer of the result of the election.
(2) If an election for Deputy Lord Mayor is held at
which the current holder of the office was not a
candidate for the office or was an unsuccessful
10 candidate, the office of Deputy Lord Mayor
becomes vacant at midday on the day after the
public declaration by the returning officer of the
result of the election.
(3) The office of Lord Mayor or Deputy Lord Mayor
15 also becomes vacant if the person holding the
office--
(a) dies or ceases to be eligible to be a
Councillor; or
(b) delivers a signed notice of resignation to a
20 Council meeting or to the Chief Executive
Officer; or
(c) is ousted from office by the Supreme Court.
24. Filling of vacancies
(1) If the office of Lord Mayor or Deputy Lord Mayor
25 becomes vacant 6 months or more before a
general election is due, an election to fill the
vacancy must be held on a Saturday to be
appointed by the Chief Executive Officer that is
not later than the 90th day after the vacancy
30 arises.
(2) If the office of Lord Mayor or Deputy Lord Mayor
becomes vacant less than 6 months before a
16
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 25
Act No.
general election is due, it is not necessary to hold
an election to fill the vacancy.
(3) In the circumstances specified in sub-section
(2)--
5 (a) if the office of the Lord Mayor becomes
vacant, the Deputy Lord Mayor becomes the
Lord Mayor on the passing of a resolution by
the Council that an election to fill the
vacancy not be held; and
10 (b) if the office of the Deputy Lord Mayor
becomes vacant, the Council may appoint a
Councillor to fill the vacancy; and
(c) if the Council does so, the subsequent
vacancy in the office of the Councillor
15 appointed is to be filled in accordance with
Schedule 3A and section 37A(4) of the
Local Government Act 1989.
25. Appointment of acting Deputy Lord Mayor
(1) This section applies if the office of the Deputy
20 Lord Mayor becomes vacant and either--
(a) an election is to be held to fill the vacancy;
or
(b) it is not necessary to hold an election to fill
the vacancy and the Council has not
25 appointed a Councillor to fill the vacancy.
(2) The Council may appoint a Councillor to act in
the office until a person is elected or appointed to
the office, or for any shorter specified period.
(3) In acting as Deputy Lord Mayor, the Councillor
30 may perform any function, or exercise any power,
conferred on the Deputy Lord Mayor.
17
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 26
Act No.
26. Allowances
(1) The Council must pay to its Councillors the
allowance specified in any Order in Council made
for the purposes of this section from time to time.
5 (2) The Order in Council may specify that the Lord
Mayor and the Deputy Lord Mayor are to receive
a higher allowance than that specified for other
Councillors.
(3) The Lord Mayor and the Deputy Lord Mayor are
10 not entitled to receive an allowance as a
Councillor if he or she is receiving an allowance
as Lord Mayor or Deputy Lord Mayor.
(4) In paying an allowance under this section, the
Council must make the payment in the manner
15 specified in the Order in Council that specified the
amount of the allowance.
(5) Only one amount may be specified for
Councillors.
27. General provisions concerning allowances
20 (1) The Council does not have to pay an allowance
under section 26 to a Councillor who does not
wish to receive it.
(2) A person is only entitled to receive an allowance
under section 26 while he or she holds the office
25 for which it is payable.
_______________
18
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 28
Act No.
PART 5--OTHER MATTERS
28. Power of Minister in respect of use of revenue
(1) The Minister may by Order published in the
Government Gazette before 1 October in any
5 financial year of the Council provide that a
specified percentage of the revenue raised by the
Council must be applied by the Council in the
financial year in which it is raised to provide
works and services for the benefit of a part of the
10 City of Melbourne specified in the Order.
(2) The Council must comply with an Order under
sub-section (1).
(3) The Council must provide to the Minister any
information which the Minister requires so as to
15 determine whether the Council has complied with
an Order under sub-section (1).
(4) If the Council has not complied with an Order
under sub-section (1), unless the Minister
otherwise determines, the Council must not
20 declare general rates or a municipal charge under
Part 8 of the Local Government Act 1989 in the
following financial year without first obtaining the
approval of the Minister to the proposed
declaration.
25 (5) If the Council declares general rates or a
municipal charge in contravention of sub-section
(4), the general rates are, or the municipal charge
is, invalid for all purposes whatsoever.
29. Differential rates
30 (1) Despite anything to the contrary in section
161(1)(a) of the Local Government Act 1989,
the Council may raise any general rates by the
application of a differential rate for the financial
year ending 30 June 2000 and in any financial
19
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 29
Act No.
year specified by Order of the Governor in
Council published in the Government Gazette,
even if it does not use the capital improved value
system of valuing land.
5 (2) The Governor in Council, on the recommendation
of the Minister, may make an Order necessary for
the purposes of sub-section (1).
_______________
20
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 30
Act No.
PART 6--REGULATIONS
30. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
5 or permitted by this Act to be prescribed or
necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) Without limiting sub-section (1), the regulations
may--
10 (a) make provision for the form of ballot-paper
to be used in elections for the Lord Mayor
and the Deputy Lord Mayor; and
(b) modify the effect of any provision of
Schedule 2 or 3 of the Local Government
15 Act 1989, or of any regulations made under
that Act, as it applies to any election
conducted under this Act;
(c) make any provision needed to ensure that an
election can be conducted by postal voting.
20 (3) Section 243 of the Local Government Act 1989
applies to regulations made under this section as if
they had been made under that Act.
_______________
21
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 31
Act No.
PART 7--AMENDMENTS TO OTHER ACTS, REPEALS AND
SAVINGS PROVISIONS
31. Consequential amendments
(1) Sections 13A, 18A, 22A, 34, 35(4), 36(2)(b), 40A,
5 71(5), 72A, 74(5), 74A, 136A and 161(6) and (7)
of the Local Government Act 1989 are repealed.
(2) In the Local Government Act 1989--
(a) in section 33, omit "the City of Melbourne
and";
10 (b) in section 39(2), omit "the Melbourne City
Council or";
(c) in section 39(3), omit "the City of
Melbourne or";
(d) in section 220(1A), omit "the Melbourne
15 City Council or";
(e) in section 220Q(nb), omit "(other than the
Melbourne City Council)";
(f) in Schedule 3, in Part 4A, in clause 11A--
(i) sub-clause (1) is repealed;
20 (ii) in sub-clause (2), omit "also".
32. Repeal of City of Melbourne Act 1993
(1) The City of Melbourne Act 1993 is repealed.
(2) All things and circumstances created by or under
that Act that were in force or operating under that
25 Act immediately before the repeal of that Act
continue to have the same status, operation and
effect as if that Act had not been repealed.
(3) Without limiting sub-section (2), the repeal of that
Act does not disturb the continuity of status,
22
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
s. 33
Act No.
operation or effect of any Act, regulation, rule,
local law, order, instrument, title, planning
scheme, liability or right.
33. Orders to continue
5 (1) Any Order in Council that was made under
section 74A of the Local Government Act 1989
and that was in force immediately before the
repeal of that section continues in force as if it had
been made under section 26.
10 (2) Any Order that was made under section 136A of
the Local Government Act 1989 and that was in
force immediately before the repeal of that section
continues in force as if it had been made under
section 28.
15 (3) Any Order in Council that was made under
section 161(7) of the Local Government Act
1989 and that was in force immediately before the
repeal of that section continues in force as if it had
been made under section 29.
20 __________________
23
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
PROVISIONS WITH RESPECT TO HOLDING AN ELECTION
OF COUNCILLORS
5 1. Application of this Schedule
(1) This Schedule applies to any election at which 2 or more
Councillors (other than the Lord Mayor and the Deputy
Lord Mayor) are to be elected to the Council.
(2) Schedule 2 and Parts 2 and 5 and clauses 1(3) and 2 of
10 Schedule 3 of the Local Government Act 1989 and any
regulations made under that Act relating to elections also
apply to the election.
2. Definitions
(1) In this Schedule--
15 "name of a registered political party" includes the
abbreviation or initials (if any) of the name of the
party entered in the Register of Political Parties under
The Constitution Act Amendment Act 1958;
"nomination day" means the last day on which notices of
20 candidature may be received;
"Part 4A" means Part 4A of Schedule 3 of the Local
Government Act 1989;
"registered officer", in relation to a registered political
party, means the registered officer of a registered
25 political party within the meaning of
The Constitution Act Amendment Act 1958;
"registered political party" has the meaning it has in The
Constitution Act Amendment Act 1958;
"voting ticket" has the meaning set out in clause 5(1).
30 (2) In determining when the 2nd or 4th days after the
nomination day occur, any holiday (as defined by section
44(4) of the Interpretation of Legislation Act 1984) that
occurs after the nomination day is not to be counted as a
day.
24
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
3. Grouping of candidates
(1) Two or more candidates may make a joint request that their
names be grouped on the ballot-paper.
(2) The request--
5 (a) must be in writing and must be signed by the
candidates; and
(b) must specify the order in which the names are to
appear within the group; and
(c) must be delivered to the returning officer before
10 4 p.m. on the second day after nomination day.
(3) A candidate's name may not be included in more than one
group.
4. Group name and order of candidates on ballot-paper
(1) A request under clause 3 must also specify the name under
15 which the candidates wish to be grouped.
(2) If, in the opinion of the returning officer, the name is that of,
or implies an association with, a registered political party,
the returning officer must not print the name on the ballot-
paper unless the candidates provide evidence that they have
20 been authorised by the registered officer of the party to use
that name.
(3) If the name comprises more than 6 words (or letters in the
case of a name that consists only of abbreviations), the
returning officer must not print more than the first 6 words
25 (or letters) of the name on the ballot paper.
(4) If, in the opinion of the returning officer, a proposed group
name is offensive or misleading, the returning officer--
(a) must not print that name on the ballot-paper; and
(b) must advise the candidates of his or her opinion and
30 ask the candidates to submit an alternative name.
(5) If candidates fail to submit a suitable alternative name to the
returning officer by the time specified by the returning
officer, the request under clause 3 lapses.
(6) If--
35 (a) candidates wish to have their names grouped on the
ballot-paper; and
25
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
(b) they have been endorsed for that election by different
registered political parties--
they may use a composite name formed from the registered
names of the registered political parties.
5 (7) Subject to sub-clauses (2), (3) and (4), the returning officer
must print on the ballot-paper next to a candidate's name the
group name specified under sub-clause (1), or any valid
alternative name submitted in response to a request made
under sub-clause (4)(b).
10 (8) The returning officer must as soon as practicable after
4 p.m. on the 2nd day after the last day on which notices of
candidature may be received hold a ballot by lot to
determine the order in which the name of each candidate is
to appear on the ballot-paper.
15 5. Voting tickets
(1) A voting ticket is a document that sets out an order of
preference for all the candidates in the election.
(2) If permitted by clause 6, candidates may apply to the
returning officer to register one or 2 voting tickets for the
20 purposes of the election.
(3) The returning officer must not register a voting ticket--
(a) if the ticket does not give preference to the candidates
applying to register the ticket before it gives
preference to any other candidate; or
25 (b) if the order of preference specified in the ticket would
result in an informal vote were that order of
preference to be applied by a voter to the ballot-paper
to be used in the election; or
(c) if 2 voting tickets have already been registered on the
30 application of the candidates applying for the
registration; or
(d) if the application for the ticket does not comply with
this Schedule.
(4) Without limiting the form in which a voting ticket may be
35 expressed, the ticket may be in the form of a completed draft
or mock ballot-paper.
(5) If a voting ticket is, or 2 voting tickets are, registered for the
purposes of the election on the application of a group of
candidates--
26
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
(a) a square must be printed on the ballot-paper above the
names of those candidates; and
(b) if another provision of this Schedule requires the
name of a registered political party or another name to
5 be printed next to the names of the candidates on the
ballot-paper, that name must also be printed on the
ballot-paper next to that square.
(6) An application for 2 group voting tickets must indicate the
order in which the voting tickets are to be displayed for the
10 purposes of clause 7(1).
6. Group voting tickets
(1) Candidates making a request under clause 3 may apply to
register one or 2 group voting tickets for the purposes of the
election.
15 (2) The application must--
(a) be signed; and
(b) be lodged with the returning officer after the order of
the candidates on the ballot-paper has been
determined and before 4 p.m. on the 4th day after the
20 nomination day.
(3) The application may be signed--
(a) if all the members of the group have been endorsed
by the same registered political party, by the
registered officer of the party; or
25 (b) if the members of the group have been endorsed by
different registered political parties, by the registered
officers of all those parties; or
(c) in a case to which neither paragraph (a) nor paragraph
(b) applies, by the candidate whose name first appears
30 in the group on the ballot-paper; or
(d) in any case, by a person authorised in writing by all
the members of the group to sign such a statement on
behalf of the group.
(4) A copy of any authorisation given for the purposes of sub-
35 clause (3)(d) must be lodged with the application.
7. Voting tickets to be displayed
(1) If a voting ticket has been registered for the purposes of the
election, the returning officer must cause the ticket to be
27
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
prominently displayed in a manner determined by the
returning officer at each polling place.
(2) If a group has 2 registered voting tickets, those tickets must
be displayed in the order indicated in the application for
5 registration.
8. Ballot-papers
(1) If at least one voting ticket has been registered for the
purposes of the election, the ballot-paper for the election
must be in the form of Schedule 2.
10 (2) If--
(a) a valid request for the grouping of candidates' names
is received under clause 3; but
(b) no voting ticket has been registered for the purposes
of the election--
15 the ballot-paper for the election must be in the form of
Schedule 2 with the modifications set out in sub-clause (5).
(3) If--
(a) no valid request for the grouping of candidates' names
is received under clause 3; and
20 (b) no voting ticket has been registered for the purposes
of the election--
the ballot-paper for the election must be in the form of
Schedule 2, as modified in the manner specified in sub-
clauses (4) and (5).
25 (4) The required modifications are--
(a) in the left-most column of the form, the word
"DIRECTIONS" must be deleted; and
(b) in the area between the first and second continuous
horizontal black lines on the form, all words and
30 expressions must be deleted; and
(c) in the area between the second and third continuous
horizontal black lines on the form, the word "OR" and
the 2 short horizontal lines above and below that
word must be deleted.
35 (5) In addition, the squares in the area between the second and
third continuous horizontal black lines on the form are to be
set out continuously in the order determined under sub-
clause (8)(c).
28
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
(6) For the purposes of sub-clauses (2) and (3), the remaining
directions may be reformatted in any way the returning
officer considers to be appropriate and may be accompanied
by the heading "Directions".
5 (7) The directions in Schedule 2 have the same force as if they
were provisions contained in this Act.
(8) In printing the ballot-paper--
(a) the names of candidates by whom requests have been
made under clause 3 must be printed in groups on the
10 ballot-paper in accordance with the requests and
before the names of candidates who have not made
such requests; and
(b) the order of the several groups on the ballot-paper
must be determined by a ballot by lot conducted by
15 the returning officer; and
(c) the order of the names of the candidates whose names
are not included in any group must be determined by
a ballot by lot conducted by the returning officer.
(9) Any ballot by lot conducted under sub-clause (8) must be
20 conducted in accordance with clause 14 of Schedule 2 of the
Local Government Act 1989.
9. Printing of political party and other names on ballot-papers
The names of registered political parties, composite names
and group names must be printed on the ballot-paper in
25 capital letters in type that is uniform in size and style for all
the names so printed.
10. Marking of votes
(1) A voter must mark his or her vote on a ballot-paper that is in
the form of Schedule 2 either--
30 (a) by placing the figure 1 in a square (if any) printed in
accordance with clause 5(5); or
(b) by--
(i) placing the figure 1 in the square opposite the
name of the candidate for whom he or she votes
35 as his or her first preference; and
29
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
(ii) placing the figures 2, 3, 4 (and so on, as the
case requires) in the squares opposite the names
of all the remaining candidates so as to indicate
the order of his or her preference for them.
5 (2) For the purposes of this Act, if a voter has placed a tick or a
cross in a square printed on a ballot-paper in accordance
with clause 5(5), he or she is deemed to have placed the
figure 1 in that square.
11. Formal votes according to group voting ticket
10 (1) A ballot-paper is not informal by virtue of clause 15(1)(a) if
the voter has marked his or her vote on the ballot-paper in
accordance with clause 10.
(2) If a ballot-paper--
(a) has been marked in accordance with clause 10(1)(a);
15 and
(b) has been marked in accordance with clause 10(1)(b)
so that, if it were not marked in accordance with
clause 10(1)(a), it would not be informal by virtue of
clause 15(1)(a)--
20 the ballot-paper is, for the purposes of clause 14 and Part
4A, deemed not to have been marked in accordance with
clause 10(1)(a).
(3) For the purposes of this clause and clause 12 and Part 4A, a
voter must not be taken to have marked his or her vote in
25 accordance with clause 10(1)(a) if he or she has placed a
preference mark in 2 or more of the squares printed on the
ballot-paper in accordance with clause 5(5).
(4) In this clause, "preference mark" means a tick, a cross or
the figure 1.
30 12. Certain votes with non-consecutive numbers to be formal
(1) This clause applies if a ballot-paper--
(a) has the figure 1 in the square opposite to the name of
a candidate and does not have that figure in the square
opposite to the name of another candidate; and
35 (b) has--
(i) in a case where there are more than
9 candidates in the election, in not less than
90% of the squares opposite the names of the
candidates, figures in a sequence of consecutive
30
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
numbers commencing with the figure 1 or
figures that with a change to no more than 1 of
them would be in such a sequence; or
(ii) in any other case, in all the squares opposite the
5 names of candidates or in all those squares
except one square that is left blank, numbers in
a sequence of consecutive numbers
commencing with the figure 1 or figures that
with a change to no more than 1 of them would
10 be in such a sequence; and
(c) but for this sub-clause, would be informal by virtue of
clause 15(1)(a).
(2) The following provisions apply to the ballot-paper--
(a) the ballot-paper is not informal by virtue of
15 clause 15(1)(a); and
(b) the figure 1 is to be taken to express the voter's first
preference; and
(c) if the figures in squares opposite the names of
candidates are in a sequence of consecutive numbers
20 commencing with the figure 1, the voter is to be taken
to have expressed a preference by the other figure, or
to have expressed preferences by the other figures, in
that sequence; and
(d) the voter is not to be taken to have expressed any
25 other preference.
(3) In considering, for the purposes of this clause, whether
numbers are in a sequence of consecutive numbers, any
number that is repeated is to be disregarded.
13. Effect of single voting ticket on ballot-paper
30 For the purposes of Part 4A, if--
(a) a ballot-paper has been marked in accordance with
clause 10(1)(a) by a mark having been placed in a
square printed above the names of a group of
candidates; and
35 (b) the group has only one voting ticket registered for the
purposes of the election--
31
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
the ballot-paper is deemed to have been marked in
accordance with the order of preference set out in that ticket.
14. Effect of 2 voting tickets on ballot-papers
(1) This clause applies if--
5 (a) one or more ballot-papers have been marked in
accordance with clause 10(1)(a) by a mark having
been placed in a square printed above the names of a
group of candidates; and
(b) the group has 2 voting tickets registered for the
10 purposes of the election.
(2) For the purposes of Part 4A--
(a) if the number of ballot-papers is an even number, half
of the ballot-papers are deemed to have been marked
in accordance with the order of preference set out in
15 one of the tickets and the other half in accordance
with the order of preference set out in the other ticket;
or
(b) if the number of ballot-papers is not an even
number--
20 (i) one of the ballot-papers is deemed to have been
marked in accordance with the order of
preference set out in whichever of the 2 tickets
is drawn by lot in a manner determined by the
returning officer, either manually or by
25 computer; and
(ii) half the remainder (if any) of the ballot-papers
are deemed to have been marked in accordance
with the order of preference set out in one of
the tickets and the other half in accordance with
30 the order of preference set out in the other
ticket.
15. Informal ballot-papers
A ballot-paper must be rejected as informal at the close of
the poll--
35 (a) subject to clauses 10 and 11, if it has no vote
indicated on it, or it does not indicate the voter's first
preference for one candidate and the order of his or
her preference for all the remaining candidates; or
32
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
(b) if it is not marked in a manner prescribed or allowed
by this Act or by a provision of the regulations made
under the Local Government Act 1989 that is not
contrary to any provision of this Schedule.
5 16. Death of a candidate
(1) This clause applies if a candidate dies after 4 p.m. on the
31st day before election day and before the end of the
election day, and the number of candidates remaining is
greater than the number of candidates to be elected.
10 (2) Despite anything to the contrary in clause 9 of Schedule 2 of
the Local Government Act 1989, the election is to continue
as if the dead candidate had given the returning officer at 4
p.m. on the day the candidate died a valid notice of
retirement under clause 8 of that Schedule.
15 (3) If it was not practicable to remove the name of a dead
candidate from the ballot-paper, the ballot-paper is not
informal by reason only of the failure of the voter to place
any figure opposite that name, or of any resultant failure to
indicate in consecutive order the voter's preferences.
20 17. Additional information for scrutineers
The returning officer must ensure that scrutineers are given
access to the following information during the counting of
votes as the information becomes available--
(a) a record of the preferences on the ballot-papers that
25 have been received by the returning officer and whose
details have been stored in the computer (including
informal ballot-papers, and formal ballot-papers that
are not sequentially numbered); and
(b) a record of the ballot-papers that are notionally
30 transferred, or exhausted, at each count; and
(c) a record of the progress of the count of the votes, at
each count.
18. Refund to group candidates
(1) This clause applies if--
35 (a) a candidate is a member of a group of candidates who
were grouped on the ballot-paper; and
(b) all the members of the group are elected or the
members of the group receive more than 4% of the
33
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 1
Act No.
total number of valid first preference votes cast in the
election.
(2) The fee paid for or on behalf of the candidate must be repaid
to the candidate on the returning officer certifying that sub-
5 clause (1) applies to the candidate.
_______________
34
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Sch. 2
Act No.
SCHEDULE 2
FORM OF BALLOT-PAPER
Ballot-paper
CITY OF MELBOURNE
5 Election of [2] Councillors of the Melbourne City Council
Place the
________ single
figure 1 in
D EITHER one, and one
________ only of these
! ! ! !
I squares to OR OR OR
indicate the 3 3 3 3
R group voting
ticket which
E you wish to
adopt as your
C vote
T
Ungrouped
I Place the
________ numbers 1 to
! 13 ! 13 ! 13 ! 13 !1
O [4] in the
OR squares
! 13 ! 13 ! 13 ! 13 !1
N ________ immediately
to the left of
S the names of
! 13 ! 13 ! 13 ! 13 !1
the
respective
candidates so
! 13 ! 13 ! 13 !1
as to indicate
the order
! 13 ! 13 ! 13
of your
preference
for them
! 13 ! 13 ! 13
1. Here insert name of a candidate.
2. Here insert number of vacancies.
3. Here insert name of a registered political party or other group name if applicable.
4. Here insert number of candidates.
10
35
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
36
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Act No.
INDEX
Subject Section
Act
amendments to other Acts 31
commencement 2
purpose 1
4
relationship with Local Government Act 1989
repeals and savings 32ญ33
Sch. 1, 2
Ballot papers
16, 18, Sch. 1, 2
By-elections
3, 6
City of Melbourne
9ญ10, 19
Corporations
Council
acting Deputy Lord Mayor 25
allowances 26ญ27, 33
constitution 6
definition 3
Deputy Lord Mayor 20, 22ญ24, 26
Lord Mayor 20ญ21, 23ญ24, 26
meetings of 20
meetings with State 8
objectives 7
Orders regarding use of revenue 28, 33
rates 28ญ29, 33
vacancies in offices 24ญ25
3
Definitions
Deputy Lord Mayor
acting Deputy Lord Mayor 25
allowances 26
definition 3
election of 14ญ16, 18, 24
functions, duties, powers 8, 20, 22
term of office 23
vacancies 24
Elections
ballot papers Sch. 1, 2
by-elections 16, 18, Sch. 1, 2
candidates 16
compulsory voting 19
corporations' voting entitlements 9ญ10
councillors 16ญ18, 24,
Sch. 1, 2
counting of votes 18
date 13
Deputy Lord Mayor 14ญ16, 18, 24
frequency 12
Lord Mayor 14ญ16, 18, 24
notice to people on voters' list 11
37
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
City of Melbourne Act 2001
Act No.
Subject Section
postal voting 13
simultaneous elections 14, 16
vacancies in offices 24
Local Government Act 1989
amendments to 31
application to
City of Melbourne and Council 5
elections 9, 18, 19
Lord Mayor 21
regulations 30
vacancies in office of Councillor 24
continuation of Orders made under 33
relationship to this Act 4
Lord Mayor
allowances 26
21
application of Local Government Act 1989 to
election 14ญ16, 18, 24
definition 3
meetings between Council and State 8
precedence 20
term of office 23
vacancies 24
8
Meetings between Council and State
28
Minister's powers
28ญ29
Rates
30
Regulations
32ญ33
Repeals and savings
ญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญญ
38
541168B.A1-6/4/2001 BILL LA AS SENT 6/4/2001
[Index] [Search] [Download] [Related Items] [Help]