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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government Amendment (Disclosure) Bill
2008
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 Amendment of section 62--Return by candidate 2
4 Amendment of section 62A--Responsibilities of Chief
Executive Officer 3
5 Amendment of section 78--Pecuniary interests 3
6 Amendment of section 81--Register of returns 3
7 Amendment of clause 5 of Schedule 2--Nomination form 4
8 Repeal of Amending Act 4
ENDNOTES 5
561PM11B.I-29/7/2008 i BILL LC INTRODUCTION 29/7/2008
PARLIAMENT OF VICTORIA
Introduced in the Council by Mr Greg Barber
Local Government Amendment
(Disclosure) Bill 2008
A Bill for an Act to amend the Local Government Act 1989 to
strengthen the disclosure of gifts provisions and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Local
Government Act 1989 to--
(a) strengthen the disclosure of gifts provisions;
5 and
(b) require a candidate for a Council election to
disclose in their nomination form whether
they have been a member of a registered
political party.
10 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561PM11B.I-29/7/2008 1 BILL LC INTRODUCTION 29/7/2008
Local Government Amendment (Disclosure) Bill 2008
s. 3
3 Amendment of section 62--Return by candidate
See: (1) For sections 62(1) and 62(2) of the Local
Act No.
11/1989. Government Act 1989 substitute--
Reprint No. 9
as at "(1) A candidate must disclose to the Chief
1 April 2007
5 and
Executive Officer a gift promised or received
amending during the donation period, to be used for or
Act Nos
26/2007,
in connection with the election campaign,
2/2008 and being a gift--
12/2008.
LawToday: (a) of an amount or value which is equal to
www.
10 legislation. or exceeds $200; or
vic.gov.au
(b) of goods or services the amount or
value of which is equal to or exceeds
$200.
(2) A disclosure must be made--
15 (a) on an election campaign disclosure
return in the prescribed form; and
(b) within the time specified in
subsection (2A) or permitted under
subsection (2B).
20 (2A) Unless subsection (2B) applies, a disclosure
must be made--
(a) within 3 days after nomination day, if
the gift is promised or received during
the period commencing from the
25 beginning of the donation period and
ending on nomination day; or
(b) within 3 days of the gift being promised
or received, if the gift is promised or
received during the period of the
30 donation period which occurs after
nomination day.
561PM11B.I-29/7/2008 2 BILL LC INTRODUCTION 29/7/2008
Local Government Amendment (Disclosure) Bill 2008
s. 4
(2B) A disclosure may be made outside the
relevant period under subsection (2A) if the
Chief Executive Officer is satisfied that
circumstances beyond the candidate's control
5 prevented the candidate from complying
with subsection (2A).".
(2) In section 62(4) of the Local Government Act
1989 for "subsection (2)" substitute
"subsection (1)".
10 4 Amendment of section 62A--Responsibilities of
Chief Executive Officer
In section 62A(3) of the Local Government Act
1989 after "hours" insert "and is published on an
Internet website maintained by the Council".
15 5 Amendment of section 78--Pecuniary interests
After section 78(2)(d) of the Local Government
Act 1989 insert--
"(da) the Councillor or member of a special
committee has been promised or has
20 received a gift to which section 62(1) applies
from a person, company or other body with
which the contract is made or is proposed to
be made or that has a direct or indirect
pecuniary interest in the matter under
25 consideration; or".
6 Amendment of section 81--Register of returns
(1) Sections 81(10) and 81(12) of the Local
Government Act 1989 are repealed.
(2) In section 81(11) of the Local Government Act
30 1989 after "hours" insert "and must be published
on an Internet website maintained by the
Council".
561PM11B.I-29/7/2008 3 BILL LC INTRODUCTION 29/7/2008
Local Government Amendment (Disclosure) Bill 2008
s. 7
7 Amendment of clause 5 of Schedule 2--Nomination
form
After clause 5(1)(c) of Schedule 2 to the Local
Government Act 1989 insert--
5 "(ca) make a declaration in writing stating--
(i) whether or not the candidate has been a
member of a registered political party
within the meaning of section 3 of the
Electoral Act 2002 at any time since
10 the last election for the Council in
respect of which the candidate is
nominating; and
(ii) if the candidate has been a member of a
registered political party, the name of
15 the registered political party; and".
8 Repeal of Amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
20 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561PM11B.I-29/7/2008 4 BILL LC INTRODUCTION 29/7/2008
Local Government Amendment (Disclosure) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561PM11B.I-29/7/2008 5 BILL LC INTRODUCTION 29/7/2008
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