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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government (Further Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Construction of Act 2
4. Definitions 2
5. Dismissal of Council 2
6. General election 3
7. Entitlement date 3
8. Certain provisions not to apply 3
9. Record of persons who appear to be entitled to vote 3
10. Voters' roll 4
11. Validity of voters' roll not to be affected 4
12. Meeting of the Glen Eira City Council 5
13. Expiry of Order in Council 5
14. Amendment of Local Government Act 1989 5
ENDNOTES 6
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551380B.I1-16/8/2005 BILL LA INTRODUCTION 16/8/2005
PARLIAMENT OF VICTORIA
A BILL
to dismiss the Glen Eira City Council and provide for a general
election for that Council, to amend the Local Government Act 1989
and for other purposes.
Local Government (Further
Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to--
(a) dismiss the Glen Eira City Council;
(b) provide for the expiry of the Order in
Council that applies to that Council;
5
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Local Government (Further Amendment) Act 2005
s. 2
Act No.
(c) provide for a general election for the Glen
Eira City Council;
(d) amend section 219 of the Local
Government Act 1989.
2. Commencement
5
This Act comes into operation on the day on
which it receives the Royal Assent.
3. Construction of Act
This Act must be read and construed as if it
formed part of the Local Government Act 1989.
10
4. Definitions
In this Act--
"general election" means the general election to
be held under section 6;
"Order in Council" means the Order in Council
15
made by the Governor in Council in relation
to the Glen Eira City Council under
section 219 of the Local Government Act
1989 that was published in the Government
Gazette (No. S 149) on 11 August 2005, and
20
includes any subsequent Order in Council
that is made under section 219(2)(c) or
219(2)(d) of that Act.
5. Dismissal of Council
(1) The Glen Eira City Council is dismissed.
25
(2) The persons holding office as Councillors of the
Glen Eira City Council cease to hold office.
(3) Nothing in this Act affects the continuity of the
Glen Eira City Council as constituted under
section 219(3) of the Local Government Act
30
1989 by the administrator appointed under the
Order in Council.
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Local Government (Further Amendment) Act 2005
s. 6
Act No.
6. General election
(1) A general election for the Glen Eira City Council
is to be held on 26 November 2005.
(2) The general election held under sub-section (1)
has effect as if it were a general election held in
5
accordance with section 31(2) of the Local
Government Act 1989.
7. Entitlement date
Despite anything to the contrary, the entitlement
date in respect of the general election is 7 October
10
2005.
8. Certain provisions not to apply
Sections 21, 22, 23 and 23A of the Local
Government Act 1989 do not apply in respect of
the general election.
15
9. Record of persons who appear to be entitled to vote
(1) The Registrar must prepare a record of the persons
who appear to be entitled to vote in the general
election and ensure that the record is available for
inspection by members of the public at the
20
Council office of the Glen Eira City Council for
the period commencing 9 a.m. on 3 October 2005
and ending at 4 p.m. on 7 October 2005.
(2) The record prepared under sub-section (1) must
contain the prescribed particulars of persons
25
which are prescribed by regulations made under
the Local Government Act 1989 for the purposes
of section 24 of that Act.
(3) A person may within the period specified in sub-
section (1) object in writing to the Registrar on the
30
ground that the record contains--
(a) an omission, error, misnomer or inaccurate
description of any person, place or thing; or
(b) the name of a person who has died; or
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s. 10
Act No.
(c) the name of a person who is no longer
entitled to be enrolled as an elector for the
Council or Assembly by virtue of section
48(2)(d) of the Constitution Act 1975.
10. Voters' roll
5
(1) Section 24 of the Local Government Act 1989
applies in respect of the voters' roll for the general
election with the modifications specified in this
section.
(2) As if for section 24(2) there were substituted--
10
"(2) The Registrar must compile a voters' roll
containing the prescribed particulars of
persons entitled to be enrolled as at the close
of the roll.".
(3) As if for section 24(4) there were substituted--
15
"(4) The Victorian Electoral Commission must
provide to the Registrar not later than 3 days
after the close of the roll a record in a form
specified by the Registrar of persons entitled
to be enrolled under section 12 as at the close
20
of the roll.".
(4) As if for section 24(5) there were substituted--
"(5) The Chief Executive Officer must provide to
the Registrar not later than 3 days after the
close of the roll a record in a form specified
25
by the Registrar of persons entitled to be
enrolled under section 13, 14, 15 or 16 as at
the close of the roll.".
11. Validity of voters' roll not to be affected
Without limiting section 25 of the Local
30
Government Act 1989, the validity of the voters'
roll is not affected by any action or inaction of the
administrator appointed under the Order in
Council.
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Act No.
12. Meeting of the Glen Eira City Council
The Chief Executive Officer must summon a
meeting of the Glen Eira City Council within
14 days after the day the returning officer publicly
declares the result of the election.
5
13. Expiry of Order in Council
(1) Despite anything to the contrary in section 219(7)
of the Local Government Act 1989, the Order in
Council expires when the meeting of the Glen
Eira City Council under section 12 starts.
10
(2) Sections 219(9) to 219(12) of the Local
Government Act 1989 do not apply in respect of
the expiry of the Order in Council.
See:
14. Amendment of Local Government Act 1989 Act No.
11/1989.
For section 219(7) of the Local Government Act
15 Reprint No. 8
1989 substitute-- as at
28 July 2005
"(7) The Order in Council under sub-section (2) and
amending
expires-- Act Nos
92/1990 and
(a) unless paragraph (b) applies, 1 year 18/2005.
after the date of its publication; or LawToday:
20
www.dms.
dpc.vic.
(b) on the date specified in the Order in gov.au
Council being a date which is less than
1 year after the date of its publication.".
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Local Government (Further Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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