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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Local Government Amendment (Conflicting Duties)
Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 New sections 28A and 28B inserted 2
28A Disqualification to be a Councillor due to conflicting
duties 2
28B Transitional provision 3
4 Repeal of amending Act 4
ENDNOTES 5
561415B.I-28/7/2009 i BILL LA INTRODUCTION 28/7/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Local Government Amendment
(Conflicting Duties) Bill 2009
A Bill for an Act to amend the Local Government Act 1989 to
provide for conflicting duties of persons who are or want to be
Councillors 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 provide for conflicting
duties of persons who are or want to be
5 Councillors and for other purposes.
2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
561415B.I-28/7/2009 1 BILL LA INTRODUCTION 28/7/2009
Local Government Amendment (Conflicting Duties) Bill 2009
s. 3
3 New sections 28A and 28B inserted
See: After section 28 of the Local Government Act
Act No.
11/1989. 1989 insert--
Reprint No. 10
as at "28A Disqualification to be a Councillor due to
2 April 2009.
5 LawToday: conflicting duties
www.
legislation. (1) Subject to section 28B, unless subsection (2)
vic.gov.au applies, a person is not capable of becoming
or continuing to be a Councillor or
nominating as a candidate at an election
10 under this Act if the person is--
(a) a member of the Parliament of Victoria
or of the Parliament of the
Commonwealth of Australia or of
another State or a Territory of the
15 Commonwealth; or
(b) employed as a Ministerial officer, a
Parliamentary adviser or an electorate
officer by a member of the Parliament
of Victoria or in a corresponding
20 position (however designated) by or for
a member of the Parliament of the
Commonwealth of Australia or of
another State or a Territory of the
Commonwealth; or
25 (c) a Councillor of another Council
constituted under this Act or a member
of a corresponding body (however
designated) under an Act of another
State or a Territory of the
30 Commonwealth.
(2) A person to whom subsection (1)(b) applies
is not prevented from nominating as a
candidate at an election or from being
declared elected at an election if for the
35 duration of the election period for that
election--
561415B.I-28/7/2009 2 BILL LA INTRODUCTION 28/7/2009
Local Government Amendment (Conflicting Duties) Bill 2009
s. 3
(a) the person has taken leave from any
office or position referred to in
subsection (1)(b) held by that person;
and
5 (b) the person does not perform any of the
duties of that office or position.
(3) Despite subsection (2), a person to whom
subsection (1)(b) applies cannot take the oath
of office after being declared elected if the
10 person continues to hold any office or
position referred to in subsection (1)(b).
(4) In this section--
electorate officer means a person employed
under Part 4 of the Parliamentary
15 Administration Act 2005;
Ministerial officer means a person employed
as a Ministerial officer under Part 6 of
the Public Administration Act 2004;
Parliamentary adviser means a person
20 employed as a Parliamentary adviser
under Part 6 of the Public
Administration Act 2004.
28B Transitional provision
A Councillor who immediately before the
25 commencement of the Local Government
Amendment (Conflicting Duties) Act 2009
holds any office or position referred to in
section 28A(1)(a), (b) or (c) who continues
to hold that office or position at the expiry of
30 the period of 7 days after that
commencement goes out of office as a
Councillor on the expiry of that period.".
561415B.I-28/7/2009 3 BILL LA INTRODUCTION 28/7/2009
Local Government Amendment (Conflicting Duties) Bill 2009
s. 4
4 Repeal of amending Act
This Act is repealed on the first anniversary of its
commencement.
Note
5 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).
561415B.I-28/7/2009 4 BILL LA INTRODUCTION 28/7/2009
Local Government Amendment (Conflicting Duties) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561415B.I-28/7/2009 5 BILL LA INTRODUCTION 28/7/2009
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