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
Local Government (Further Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Changes to definitions 2
4. Substitution of section 94 2
94. The Chief Executive Officer 2
94A. Functions of the Chief Executive Officer 3
94B. Restrictions concerning the appointment of senior
officers 4
5. Consequential amendments 5
6. Substitution of section 95B 6
95B. Powers of the Minister concerning the employment of
senior officers 6
7. Further consequential amendment 7
8. Insertion of section 97C 7
97C. Outside employment of senior officers 7
9. Change concerning rates and charges notices 8
10. Change concerning procedure for declaring special rates and
charges 9
11. Substitution of section 163A 10
163A. Submissions concerning special rates and charges 10
12. Change concerning the payment of rates and charges 10
13. Changes concerning interest on unpaid rates and charges 11
14. Minor amendment concerning unpaid rates and charges 12
15. Substitution of section 181 12
181. Council may sell land to recover unpaid rates or charges 12
16. Council need not call for tenders for some contracts 16
17. Change concerning annual reports of regional library
corporations 16
18. Substitution of section 208A 16
208A. Councils must be parties to competitive arrangements 16
19. Changes to the meaning of "competitive process" 17
20. Insertion of section 208I 18
208I. Contributions to government projects deemed to be
competitive arrangements 18
21. Substitution of Parts 10A and 10B 19
i
531150B.I1-2/4/97
Clause Page
PART 10A--LOCAL GOVERNMENT PANELS 19
220A. Local government panels 19
220B. Membership of panels 19
220C. Conditions of appointment 19
220D. Panel proceedings 19
220E. Improper use of information 20
PART 10B--LOCAL GOVERNMENT RESTRUCTURING
REVIEWS 20
220F. Terms of review must be publicised 20
220G. Conduct of the review 20
220H. Legal proceedings excluded 20
220I. Supreme Court--limitation of jurisdiction 21
22. Substitution of section 220P 21
220P. Operation of this Part 21
23. Substitution of section 220T 22
220T. Panel review not needed for minor boundary changes 22
24. Insertion of new sections 223A and 223B 22
223A. Appointment of inspectors of municipal administration 22
223B. Powers of inspectors of municipal administration 23
25. Repeal of provisions that sections 223A and 223B replace 24
26. Provisions relating to the abolition of the Local Government
Board 24
27. Minor change concerning power to name roads 24
28. Repeal of spent Acts 24
NOTES 26
ii
531150B.I1-2/4/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Local Government Act 1989 and for other purposes.
Local Government (Further
Amendment) Act 1997
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Local
Government Act 1989--
(a) to clarify the powers of the Chief Executive
5 Officers of Councils; and
(b) to make changes concerning competitive
tendering by Councils; and
1
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 2
Act No.
(c) to abolish the Local Government Board and
to enable the creation of local government
panels; and
(d) to make changes concerning the payment of
5 rates and charges and interest on overdue
rates and charges; and
(e) to generally improve the operation of that
Act.
2. Commencement
10 (1) This Act (other than section 18) comes into
operation on the day on which it receives the
Royal Assent.
(2) Section 18 comes into operation on 1 July 1997.
3. Changes to definitions
15 In section 3(1) of the Local Government Act
1989--
(a) the definition of "Board" is repealed;
(b) after the definition of "how-to-vote card"
insert--
20 ' "local government panel" means a panel
established by the Minister under
section 220A;'.
4. Substitution of section 94
For section 94 of the Local Government Act
25 1989 substitute--
"94. The Chief Executive Officer
(1) A Council must appoint a natural person to
be its Chief Executive Officer.
(2) The Chief Executive Officer is a member of
30 Council staff.
(3) A Council may only appoint a person to be
its Chief Executive Officer after it has
2
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 4
Act No.
invited applications for the position in a
notice in a newspaper circulating generally
throughout Victoria and has considered all
applications received by it that comply with
5 the conditions specified in the notice.
(4) Sub-section (3) does not apply if a Council
appoints a person to act as the Chief
Executive Officer for a period of not more
than 12 months.
10 (5) A Council must not remunerate in any way a
person who has filled the Chief Executive
Officer's position on an acting basis for 12
months for anything the person does in
respect of that position after that 12 month
15 period (unless the person is appointed after
the Council has complied with sub-section
(3)).
(6) Any Council resolution that relates to the
employment of the Council's Chief
20 Executive Officer is of no effect unless,
before the resolution was passed, the
Minister was given reasonable notice of the
intention to put the resolution.
94A. Functions of the Chief Executive Officer
25 (1) A Council's Chief Executive Officer is
responsible for--
(a) establishing and maintaining an
appropriate organisational structure for
the Council; and
30 (b) ensuring that the decisions of the
Council are implemented without
undue delay; and
(c) the day to day management of the
Council's operations in accordance with
35 the Council's corporate plan; and
3
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
Act No.
(d) providing timely advice to the Council.
(2) The Chief Executive Officer may appoint as
many members of Council staff as are
required to enable the functions of the
5 Council under this Act or any other Act to be
carried out and to enable the Chief Executive
Officer to carry out her or his functions.
(3) The Chief Executive Officer is responsible
for appointing, directing, managing and
10 dismissing Council staff and for all other
issues that relate to Council staff.
(4) A reference to Council staff in this section
does not include a reference to the Chief
Executive Officer.
15 94B. Restrictions concerning the appointment of
senior officers
(1) A Chief Executive Officer may only appoint
a person to be a senior officer after she or he
has invited applications for the position in a
20 notice in a newspaper circulating generally
throughout Victoria and has considered all
applications received by her or him that
comply with the conditions specified in the
notice.
25 (2) Sub-section (1) does not apply if a Chief
Executive Officer appoints a person to fill a
senior officer's position on an acting basis
for a period of not more than 12 months.
(3) A Chief Executive Officer must ensure that a
30 person who has filled a senior officer's
position on an acting basis for 12 months is
not remunerated in any way for anything the
person does in respect of that position after
that 12 month period (unless the person is
4
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 5
Act No.
appointed after the Chief Executive Officer
has complied with sub-section (1)).".
5. Consequential amendments
(1) For section 95(2) of the Local Government Act
5 1989 substitute--
"(2) The Chief Executive Officer must give the
Council staff an opportunity to apply for any
vacant permanent full-time Council staff
position that she or he intends to fill.".
10 (2) In section 95A of the Local Government Act
1989--
(a) in sub-section (1), omit "by a Council";
(b) in sub-section (3A), for "section 94(4)"
substitute "section 94(3)".
15 (3) For section 95A(3) of the Local Government Act
1989 substitute--
"(3) On the expiry of a senior officer's contract,
the senior officer may be invited to enter into
a new contract.".
20 (4) For section 95A(4) of the Local Government Act
1989 substitute--
"(4) Any contract of employment between--
(a) a Council and a Chief Executive
Officer; or
25 (b) a Chief Executive Officer and a senior
officer--
that does not comply with sub-section (2) is
void.".
5
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 6
Act No.
6. Substitution of section 95B
For section 95B of the Local Government Act
1989 substitute--
"95B. Powers of the Minister concerning the
5 employment of senior officers
(1) The Minister may, by notice published in the
Government Gazette, exempt a Council or a
Chief Executive Officer from complying
with section 95A.
10 (2) If the Minister does this, section 95A does
not apply to the Council or Chief Executive
Officer until the Minister revokes the notice
by a further notice published in the
Government Gazette.
15 (3) The Minister may also, by notice published
in the Government Gazette, for a period
specified in the notice, forbid--
(a) a Council from employing a new Chief
Executive Officer, or entering into a
20 new contract with an existing Chief
Executive Officer, or entering into a
contract with a Chief Executive Officer
that expires after a specified period or
date;
25 (b) a Chief Executive Officer from
employing new senior officers, or
entering into new contracts with
existing senior officers, or entering into
any contracts with senior officers that
30 expire after a specified period or date.
(4) A Council must comply with a notice under
sub-section (3)(a).
(5) A Chief Executive Officer must comply with
a notice under sub-section (3)(b).
6
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 7
Act No.
(6) If a Council or Chief Executive Officer is
forbidden to fill a vacancy by a notice, it or
she or he may only employ a person on an
acting basis to perform the functions
5 assigned to the vacant position.
(7) Any contract entered into by a Council or
Chief Executive Officer in contravention of a
notice under sub-section (3) is void.".
7. Further consequential amendment
10 Section 97 of the Local Government Act 1989 is
repealed.
8. Insertion of section 97C
After section 97B of the Local Government Act
1989 insert--
15 "97C. Outside employment of senior officers
(1) This section applies if a senior officer is
given approval to engage in any paid
employment outside the duties of her or his
office.
20 (2) The Chief Executive Officer must--
(a) give public notice of the details of the
approval within 14 days of the approval
being given; and
(b) maintain a register that shows details of
25 every such approval.
(3) The Chief Executive Officer must make the
register available for inspection on request
by any person.
(4) Within 7 days of receiving an approval, a
30 senior officer may apply to the Minister for a
direction--
7
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 9
Act No.
(a) that public notice is not to be given of
the approval;
(b) that the approval is not to be shown on
the register.
5 (5) The Minister may give such a direction if she
or he is satisfied that there are special
circumstances that justify the giving of the
direction.
(6) The Chief Executive Officer must not give
10 effect to sub-section (2)--
(a) within 7 days of an approval being
given; or
(c) if within that time the senior officer
applies to the Minister under sub-
15 section (4), until the Minister rejects the
application.
(7) With respect to approvals given to current
senior officers before the commencement of
section 8 of the Local Government
20 (Further Amendment) Act 1997, the Chief
Executive Officer must comply with this
section within 30 days of the date that
section 8 of that Act comes into operation.".
9. Change concerning rates and charges notices
25 (1) For sections 158(4)(b) and (c) of the Local
Government Act 1989 substitute--
"(b) state--
(i) in the case of general rates, municipal
charges, service rates and service
30 charges, the dates when the 4
instalments of the rates or charges are
8
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 10
Act No.
due, and, if those rates and charges may
be paid in a lump sum, the date when
that lump sum is due; or
(ii) in any other case, when the rates or
5 charges are due; and
(c) specify any other options for payment
determined by the Council; and".
(2) For section 158(4A) of the Local Government
Act 1989 substitute--
10 "(4A) If general rates, municipal charges, service
rates or service charges--
(a) are not payable in a lump sum; or
(b) are payable in a lump sum but the first
instalment is paid--
15 the Council must send a notice that contains
the information set out in sub-sections (4)(a),
(b) and (c) at least 14 days before each of the
second, third and fourth instalments are due.
(4B) Despite anything to the contrary in section
20 167, a failure to comply with sub-section
(4)(d) or (4A) alters the date on which the
relevant payment is due to the 14th day after
the date on which the notice relating to that
payment is sent.".
25 10. Change concerning procedure for declaring special
rates and charges
After section 163(1) of the Local Government
Act 1989 insert--
"(1A) A Council must not make a declaration
30 under sub-section (1) unless it has given
public notice of its intention to make the
declaration at least 28 days before making
the declaration.
9
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 11
Act No.
(1B) In addition to any other requirements
specified by this Act, the public notice
must--
(a) contain an outline of the proposed
5 declaration; and
(b) set out the date on which it is proposed
to make the declaration; and
(c) advise that copies of the proposed
declaration are available for inspection
10 at the Council office for at least 14 days
after the publication of the notice.".
11. Substitution of section 163A
For section 163A of the Local Government Act
1989 substitute--
15 "163A. Submissions concerning special rates and
charges
A person may make a submission under
section 223 in relation to a Council's
proposal to make a declaration under section
20 163.".
12. Change concerning the payment of rates and charges
For sections 167(1), (2) and (2A) of the Local
Government Act 1989 substitute--
"(1) A Council must allow a person to pay a rate
25 or charge (other than a special rate or
charge) in 4 instalments.
(2) An instalment is due and payable on the date
fixed by the Minister by notice published in
the Government Gazette.
30 (2A) A Council may allow a person to pay a rate
or charge in a lump sum.
10
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 13
Act No.
(2B) If allowed, a lump sum payment of general
rates or municipal charges is due and
payable on the date fixed by the Minister by
notice published in the Government Gazette.
5 (2C) Any notice published by the Minister under
sub-section (2) or (2B)(or any variation of
such a notice) must be published at least 3
months before the start of the financial year
in respect of which the rate or charge is
10 levied.".
13. Changes concerning interest on unpaid rates and
charges
(1) For section 172(1)(b) of the Local Government
Act 1989 substitute--
15 "(b) which have not been paid by the date
specified under section 167 for their payment
(or, in the case of late notices, by the date
specified under section 158(4B)).".
(2) For sections 172(2), (2A), (2B) and (2C) of the
20 Local Government Act 1989 substitute--
"(2) The interest--
(a) is to be calculated at the rate fixed
under section 2 of the Penalty Interest
Rates Act 1983 that applied on the first
25 day of July immediately before the due
date for the payment; and
(b) becomes payable--
(i) if the payment was payable in
instalments only, on and from the
30 date on which the missed
instalment was due; or
11
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 14
Act No.
(ii) if the payment was payable in a
lump sum, on and from the date
on which the rate or charge was
declared; and
5 (c) continues to be payable until the
payment or the recovery of the rates or
charges.
(2A) The Council may continue to require a
person to pay interest in accordance with this
10 section after it obtains a court order requiring
the payment of the rates and charges payable
(but only until the payment or the recovery
of the rates or charges).".
14. Minor amendment concerning unpaid rates and
15 charges
In section 180(1) of the Local Government Act
1989, after "instalment" insert "or any part of a
rate or charge".
15. Substitution of section 181
20 For section 181 of the Local Government Act
1989 substitute--
'181. Council may sell land to recover unpaid
rates or charges
(1) This section applies if--
25 (a) any amount due to a Council for, or in
respect of, rates or charges (including
enforcement costs and interest) in
respect of any rateable land is more
than 3 years overdue; and
30 (b) no current arrangement exists for the
payment of the amount to the Council;
and
12
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 15
Act No.
(c) the Council has a Court order requiring
the payment of the amount (or part of
the amount).
(2) The Council may sell the land, or cause the
5 land to be transferred to itself, for an amount
equal to or more than the estimated value of
the land as set out in a written valuation of
the land by a valuer that was made not more
than 6 months before the date of the sale or
10 transfer.
(3) In sub-section (2), "valuer" means a person
who holds the qualifications or experience
specified under section 13DA(1A) of the
Valuation of Land Act 1960.
15 (4) For the purposes of sub-section (1)(b), an
arrangement is not current if any term of the
arrangement is not being complied with.
(5) Before selling the land, or causing it to be
transferred, the Council must--
20 (a) if it appears from the Register kept
under the Transfer of Land Act 1958
or from any memorial in the office of
the Registrar-General that a person has
an estate or interest in the land, serve
25 on that person a notice requiring the
payment of the amount referred to in
sub-section (1) accompanied by a copy
of this section; and
(b) ensure that public notice of its intention
30 to conduct the sale, or carry out the
transfer, is given; and
(c) if the land is to be sold by auction,
notify in writing any person who must
13
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 15
Act No.
be served with a notice under paragraph
(a) of when and where the auction will
be held.
(6) The Council must comply--
5 (a) with sub-sections (5)(a) and (b) at least
4 weeks before the date of the sale or
transfer; and
(b) with sub-section (5)(c) at least 14 days
before the date of the auction.
10 (7) The Council may recover the following
amounts from the proceeds of a sale of land
(or if the land is transferred, may offset from
the transfer amount the following
amounts)--
15 (a) all expenses incurred in connection
with the sale or transfer;
(b) the amount referred to in sub-section
(1) and any enforcement expenses and
interest associated with that amount;
20 (c) any other amount due to it for, or in
respect of, rates or charges (including
enforcement costs and interest) in
respect of the land.
(8) If any amount remains after the Council has
25 recovered (or offset) everything it is
permitted to recover (or offset) under sub-
section (7), it must then--
(a) use that remaining amount to discharge,
in their order of priority, any mortgages
30 and other charges in respect of the land,
whether registered or not, that it has
notice of; and
14
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 15
Act No.
(b) pay any amount remaining to each
person who appears to have an estate or
interest in the land--
(i) in accordance with that person's
5 estate or interest; or
(ii) if 2 or more people appear to have
an estate or interest but it is not
possible to determine from the
Register or memorials how their
10 estates or interests stand in
relation to each other, in equal
shares.
(9) If any person who is entitled to an amount
under sub-section (8) cannot be found after
15 reasonable efforts have been made to find
her, him or it, the Council may use the
amount for its general purposes.
(10) If no person appears to have an estate or
interest in land that has been sold or
20 transferred under this section, the Council
may use for its general purposes any amount
that remains after it has recovered (or offset)
everything it is permitted to recover (or
offset) under sub-section (7), and paid
25 everything it is required to pay under sub-
section (8)(a).
(11) If land that is sold or transferred under this
section is land under the Transfer of Land
Act 1958, the Registrar of Titles--
30 (a) must register a transfer of land under
this section if the transfer is in a form
approved by her or him; and
15
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 16
Act No.
(b) must cancel any mortgages or charges
registered as encumbrances on the land
when registering the transfer of land;
and
5 (c) may dispense with the production of the
certificate of title for the purpose of
registering the transfer.
(12) The registration of the transfer vests in the
transferee all the estate and interest in the
10 land.'.
16. Council need not call for tenders for some contracts
After section 186(5)(d) of the Local Government
Act 1989 insert--
"; or
15 (e) the contract is a subcontract under an in-
house agreement (as defined in section
208D) and the amount to be paid under the
subcontract is less than $100 000.".
17. Change concerning annual reports of regional library
20 corporations
For section 196(7)(d) of the Local Government
Act 1989 substitute--
"(d) Parts 5 and 6 (other than sections 126(1)(aa),
(ac), (c) and (d), 127B and 128);".
25 18. Substitution of section 208A
For section 208A of the Local Government Act
1989 substitute--
'208A. Councils must be parties to competitive
arrangements
30 (1) A Council must ensure that in any financial
year it is a party to competitive arrangements
16
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 19
Act No.
that have a total value of 50% or more of its
total expenditure.
(2) For the purposes of this section, "total
expenditure" means the result of this
5 calculation--
(E - (A + D)) + C
where--
E is the total, as set out in the Council's
operating statement for the relevant
10 financial year, of the Council's
expenses for that year;
A is the total of any abnormal expenses
and extraordinary expenses in that year
set out in the operating statement (or in
15 any notes accompanying that
statement);
D is the amount allowed for depreciation
in that year as set out in the operating
statement (or in any notes
20 accompanying that statement);
C is the amount of the Council's capital
expenditure as determined in
accordance with guidelines issued by
the Minister from time to time.'.
25 19. Changes to the meaning of "competitive process"
After section 208C(1) of the Local Government
Act 1989 insert--
"(1A) A competitive process in the awarding of a
contract also occurs if the amount to be paid
30 under the contract is $5000 or less and the
Council awarding the contract--
(a) obtains at least 3 oral quotations for the
goods, services or works to be provided
under the contract; and
17
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 20
Act No.
(b) records the names of the people from
whom the quotations were obtained in
its competitive tendering register.
(1B) A competitive process in the awarding of a
5 contract also occurs if the amount to be paid
under the contract is more than $5,000, but is
not more than $50 000, and the Council
awarding the contract--
(a) obtains at least 3 written quotations for
10 the goods, services or works to be
provided under the contract; and
(b) records the names of the people from
whom the quotations were obtained in
its competitive tendering register.".
15 20. Insertion of section 208I
After section 208H of the Local Government Act
1989 insert--
"208I. Contributions to government projects
deemed to be competitive arrangements
20 (1) This section applies if a Council pays an
amount to the Commonwealth Government
or to a State Government for the purposes of
any project or service contract that any of
those Governments is a party to.
25 (2) For the purposes of section 208A, the
Council is deemed to have entered into a
competitive arrangement that has a value
equal to the amount paid by the Council to
the relevant Government.".
30
18
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 21
Act No.
21. Substitution of Parts 10A and 10B
For Parts 10A and 10B of the Local Government
Act 1989 substitute--
"PART 10A--LOCAL GOVERNMENT PANELS
5 220A. Local government panels
The Minister may establish one or more
local government panels--
(a) to conduct a review of any matter
relating to local government
10 restructuring;
(b) to advise her or him on any other
matter.
220B. Membership of panels
(1) A local government panel may consist of up
15 to 5 people.
(2) The Minister may appoint one of the
members of a local government panel to be
the chairperson of the panel.
220C. Conditions of appointment
20 (1) A member of a local government panel holds
office on the terms and conditions
determined by the Minister.
(2) In fixing the fees and allowances that are to
be paid to members, the Minister must
25 comply with any relevant guidelines that are
published from time to time by the Office of
the Public Service Commissioner.
220D. Panel proceedings
Subject to any direction of the Minister, a
30 local government panel may regulate its own
proceedings.
19
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 21
Act No.
220E. Improper use of information
A person who is, or has been, a member of a
local government panel must not make
improper use of any information acquired as
5 a member of the panel to gain, or to attempt
to gain, directly or indirectly, a pecuniary or
other advantage for himself or herself or for
any other person.
Penalty: 20 penalty units.
10 PART 10B--LOCAL GOVERNMENT
RESTRUCTURING REVIEWS
220F. Terms of review must be publicised
(1) This section applies if the Minister
establishes a local government panel to
15 conduct a review of any matter relating to
local government restructuring.
(2) The Minister must publish a notice in a
newspaper generally circulating in any
relevant municipal district or neighbourhood
20 of the terms of reference of the review.
220G. Conduct of the review
A local government panel may conduct a
review of any matter relating to local
government restructuring in any way it
25 thinks appropriate and may have regard to
any matter that it considers to be relevant.
220H. Legal proceedings excluded
No proceedings--
(a) seeking the grant of any relief or
30 remedy in the nature of certiorari,
prohibition,
20
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 22
Act No.
mandamus or quo warranto, or the
grant of a declaration or an injunction;
or
(b) seeking any order under the
5 Administrative Law Act 1978--
(whether on the ground of absence of
jurisdiction or any other ground) may be
brought against any local government panel,
or any member of a local government panel,
10 the Minister, or any other person in respect
of any review under this Part, or any
proceedings relating to such a review or any
other act, matter or thing incidental to the
conduct of such a review.
15 220I. Supreme Court--limitation of jurisdiction
It is the intention of section 220H to alter or
vary section 85 of the Constitution Act
1975.".
22. Substitution of section 220P
20 For section 220P of the Local Government Act
1989 substitute--
"220P. Operation of this Part
The Minister must not recommend to the
Governor in Council that an Order in
25 Council be made in relation to a matter under
section 220Q(a), (b), (d), (e) or (f) unless the
Minister--
(a) established a local government panel to
conduct a review of the matter; and
30 (b) has considered the report of the panel
on the matter.".
21
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 23
Act No.
23. Substitution of section 220T
For section 220T of the Local Government Act
1989 substitute--
"220T. Panel review not needed for minor
5 boundary changes
The Minister may, without complying with
section 220P, recommend that an Order in
Council be made to give effect to minor
boundary changes if she or he certifies to the
10 Governor in Council that--
(a) the proposed changes are of a minor
nature only; and
(b) any Council whose municipal district is
affected by the proposed changes has
15 approved of the proposed changes; and
(c) public notice of the proposed changes
has been given in the municipal district
or districts affected by the proposed
changes.".
20 24. Insertion of new sections 223A and 223B
After section 223 of the Local Government Act
1989 insert--
"223A. Appointment of inspectors of municipal
administration
25 (1) The Minister may appoint any person who
has, in the opinion of the Minister,
appropriate skills or knowledge to be an
inspector of municipal administration.
(2) The Minister--
30 (a) may make an appointment either
generally or specifically; and
22
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 24
Act No.
(b) may impose conditions on an
appointment.
(3) An inspector is not, in respect of her or his
office as an inspector, subject to the Public
5 Sector Management Act 1992.
(4) A person who is appointed as an inspector
and who is not subject to the Public Sector
Management Act 1992 is entitled to be paid
the amounts, and on the terms, fixed by the
10 Minister.
223B. Powers of inspectors of municipal
administration
(1) An inspector of municipal administration
may examine or investigate--
15 (a) any matter relating to a Council's
operations or to Council elections or
electoral matters; and
(b) any possible breaches of this Act.
(2) An inspector may, by notice in writing,
20 require a person to--
(a) produce any document (whether or not
specifically identified in the notice) in
the person's custody or control that
relates to any matter that the inspector
25 may examine or investigate; and
(b) give all reasonable assistance in
connection with an examination or
investigation; and
(c) appear before the inspector for
30 examination on oath and to answer
questions.
23
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 25
Act No.
(3) An inspector may administer an oath.
(4) An inspector may take possession of any
document produced under sub-section (1) for
so long as she or he considers necessary.
5 (5) However, while an inspector retains
possession of such a document, she or he
must permit any person who would be
entitled to inspect the document if it were not
in the inspector's possession to inspect the
10 document at any reasonable time.
(6) A person appearing before an inspector is
entitled to be represented by another
person.".
25. Repeal of provisions that sections 223A and 223B
15 replace
Sections 130 and 131 of the Local Government
Act 1989 are repealed.
26. Provisions relating to the abolition of the Local
Government Board
20 (1) The members of the Local Government Board
cease to hold office.
(2) Schedule 11A of the Local Government Act
1989 is repealed.
27. Minor change concerning power to name roads
25 In Schedule 10 of the Local Government Act
1989, for clause 5(2) substitute--
"(2) After exercising a power under sub-clause (1)(a), the
Council must advise the Place Names Committee
established under the Survey Co-ordination Act 1958
30 of the action it has taken.".
28. Repeal of spent Acts
(1) The Local Government (Miscellaneous
Amendments) Act 1993 is repealed.
24
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
s. 28
Act No.
(2) The Local Government (Competitive
Tendering) Act 1994 is repealed.
(3) The Local Government (Elections) Act 1995 is
repealed.
5
25
531150B.I1-2/4/97
Local Government (Further Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
26
531150B.I1-2/4/97
[Index] [Search] [Download] [Related Items] [Help]