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PARLIAMENT OF VICTORIA
Local Government (Governance and Melton) Act
1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--DOCKLANDS AREA 3
Division 1--Docklands Authority Act 1991 3
3. Definitions 3
4. New Part 3A inserted 3
PART 3A--MUNICIPAL FUNCTIONS OF AUTHORITY 4
Division 1--Municipal functions of Authority 4
35B. Docklands area is not a municipal district 4
35C. Authority to have functions of municipal council 4
35D. Local laws 4
35E. Rates and charges 5
35F. Sewers and drains 6
35G. Roads and traffic 6
35H. Authorised officers 7
35I. Land information and notices 7
35J. Indemnity 8
35K. Obstructing the Authority 8
35L. Compliance with requirements 8
35M. Proceedings 8
Division 2--Advisory committee 9
35N. Advisory committee 9
Division 3--Polls 10
35O. Who can vote in a poll? 10
35P. When can a poll be conducted? 10
35Q. Voting at poll to be by postal ballot 11
35R. Form of ballot papers 11
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Clause Page
35S. Each voter is only entitled to one vote 12
35T. Conduct of postal vote 12
35U. Scrutineers 12
35V. Recount of votes 13
35W. What is needed for a poll to be carried? 13
35X. Notice of results 13
35Y. Application of Local Government Act 1989 14
35Z. Authority to have regard to result of poll 14
5. Docklands area 14
6. Role of Authority 15
7. Delegation 15
8. Charges 15
9. Docklands area not part of municipal district 15
10. General Fund 16
11. Release of information 16
12. Service of documents 16
13. New section 51A inserted 16
51A. Inspectors 16
14. By-laws 17
15. Regulations 17
16. Section 57 repealed 18
17. New Part 7 inserted 18
PART 7--TRANSITIONAL 18
57. Docklands area 18
58. Docklands area severed from municipal district of
Melbourne City Council 18
59. Planning scheme to continue to apply to area 18
60. Sewers and drains 19
61. Roads 20
62. Rates 20
63. Transitional orders 20
64. Voters' roll 21
Division 2--Amendments to other Acts 21
18. City of Melbourne Act 1993 21
19. Emergency Management Act 1986 22
20. Environment Protection Act 1970 22
21. Melbourne City Link Act 1995 23
22. Melbourne and Metropolitan Board of Works Act 1958 24
23. Metropolitan Fire Brigades Act 1958 24
24. Public Holidays Act 1993 25
25. Victoria Grants Commission Act 1976 25
PART 3--MELTON 27
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Clause Page
26. Insertion of Part 12 27
PART 12--PROVISIONS APPLYING TO THE MELTON
SHIRE COUNCIL 27
Division 1--Definitions 27
244. Definitions 27
Division 2--The holding of the first Poll 27
245. Minister may fix date for poll 27
246. What is needed for poll to be carried 27
247. Commissioners to continue if poll carried 28
Division 3--Further Polls on Form of Council
Administration 30
248. Application of this Division 30
249. Poll may be held to determine whether Commissioners
to continue 30
250. What is needed for such a poll to be held 30
251. Fixing of poll date and question 31
252. What is needed for poll to be carried 32
253. Holding of general election if poll carried 32
254. Automatic extension of term of office of Commissioners 33
255. Future elections 33
256. Future polls 33
Division 4--Conduct of Polls under this Part 33
257. Voting at poll to be compulsory 33
258. Voting at poll to be by postal voting 33
259. Application of other provisions of this Act 34
260. Form of ballot papers 34
261. Each voter to have one vote 34
262. Scrutineers 35
263. Recount of votes 35
264. Notice of results 36
Division 5--Expiry of this Part 36
265. When Part ceases to apply 36
NOTES 37
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PARLIAMENT OF VICTORIA
A BILL
to amend the Docklands Authority Act 1991, the Local
Government Act 1989 and the City of Melbourne Act 1993 and
other Acts and for other purposes.
Local Government (Governance and
Melton) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Docklands Authority Act
5 1991 to give the Docklands Authority the
powers of a municipal council in respect of
the docklands area; and
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(b) to amend the City of Melbourne Act 1993
to excise the docklands area from the
municipal district of the Melbourne City
Council; and
5 (c) to amend the Local Government Act 1989
to enable the residents and ratepayers of the
Shire of Melton to choose how their Council
is to be administered; and
(d) to make consequential amendments to other
10 Acts.
2. Commencement
(1) This Part, Part 3 and section 13 come into
operation on the day on which this Act receives
the Royal Assent.
15 (2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
20 1999, it comes into operation on that day.
_______________
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PART 2--DOCKLANDS AREA
Division 1--Docklands Authority Act 1991
3. Definitions
In section 3 of the Docklands Authority Act
5 1991 insert--
' "municipal functions" means--
(a) any functions, authorities, powers,
duties, responsibilities, liabilities and
rights conferred or imposed on the
10 Authority by or under Part 3A or
Part 7; and
(b) any functions, authorities, powers,
duties, responsibilities, liabilities and
rights of a municipal council conferred
15 or imposed on the Authority by or
under any other Act;
"public notice" means a notice published in a
newspaper generally circulating in Victoria;
"voter" means a person who is enrolled on a
20 voters' roll for the docklands area;'.
4. New Part 3A inserted
After Part 3 of the Docklands Authority Act
1991 insert--
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'PART 3A--MUNICIPAL FUNCTIONS OF
AUTHORITY
Division 1--Municipal functions of Authority
35B. Docklands area is not a municipal district
5 Despite anything to the contrary in the Local
Government Act 1989, the docklands area
does not form part of a municipal district.
35C. Authority to have functions of municipal
council
10 (1) The Authority has and may exercise and
discharge in relation to the docklands area--
(a) the functions of a municipal council
specified in Schedule 1 of the Local
Government Act 1989; and
15 (b) the functions and powers of a municipal
council under sections 137, 188, 194,
225, 227, 227AA and 227A of the
Local Government Act 1989; and
(c) any other functions, authorities,
20 powers, duties, responsibilities,
liabilities and rights conferred or
imposed on a municipal council by or
under any Act other than the Local
Government Act 1989--
25 as if the docklands area were its municipal
district.
(2) The Authority may perform its municipal
functions inside and outside the docklands
area.
30 35D. Local laws
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(1) The Authority may make local laws for or
with respect to any act matter or thing in
respect of its municipal functions.
(2) Part 5 and Schedule 8 of the Local
5 Government Act 1989 apply to a local law
made under this section as if the Authority
were a municipal council and the docklands
area were its municipal district.
35E. Rates and charges
10 (1) Without limiting section 25, the Authority,
with the prior approval of the Governor in
Council, may, by resolution, levy rates or
charges on the owners, occupiers or
licensees of properties or groups of
15 properties in the docklands area for the
carrying out of any of its municipal
functions.
(2) A rate or charge under sub-section (1)--
(a) may be different for different classes of
20 properties;
(b) may vary according to the value or size
of land or the nature or extent of use of
any service or facility;
(c) may include minimum rates or charges
25 or a scale of rates or charges;
(d) need not relate directly to the cost of
services or facilities provided;
(e) may be concessional rates or charges;
(f) may be waived in whole or in part on
30 any conditions that the Authority
determines.
(3) Sub-sections (3) to (7) of section 25 and
section 26 apply to a rate or charge levied
under this section as if any reference in those
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provisions to a charge were a reference to a
rate or charge under this section.
35F. Sewers and drains
(1) The following are vested in the Authority
5 and are under the management and control of
the Authority--
(a) all public sewers and drains in the
docklands area; and
(b) all sewers and drains in and under roads
10 in the docklands area; and
(c) all works and materials relating to the
sewers and drains referred to in
paragraphs (a) and (b).
(2) Sections 199 to 201 of the Local
15 Government Act 1989 apply to the
docklands area as if the Authority were a
municipal council.
(3) This section does not apply to any sewers
and drains vested in a municipal council or a
20 Minister, the Crown or any public body.
35G. Roads and traffic
(1) A public highway which is located in the
docklands area vests in fee simple in the
Authority on becoming a public highway.
25 (2) Sections 203(2) and (3), 204, 205, 206, 207,
207A to 207F and 208 and Schedules 10 and
11 of the Local Government Act 1989
apply in respect of public highways, roads
and traffic in the docklands area as if the
30 Authority were a municipal council and the
docklands area were its municipal district.
(3) In this section "public highway" and
"road" have the same meanings as they
have in the Local Government Act 1989.
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35H. Authorised officers
(1) The Authority may appoint any person to be
an authorised officer for the purposes of the
administration and enforcement of--
5 (a) this Part and any regulations or local
laws made under this Part; and
(b) any other law under which the
Authority exercises the functions or
powers of a municipal council in
10 respect of the docklands area.
(2) Sub-sections (2) to (8) of section 224 of the
Local Government Act 1989 apply in
relation to an authorised officer appointed by
the Authority as if the Authority were a
15 municipal council and the docklands area
were its municipal district.
(3) Section 224A of the Local Government
Act 1989 applies in relation to local laws of
the Authority as if the Authority were a
20 municipal council and any reference to an
authorised officer were a reference to an
authorised officer appointed by the
Authority.
35I. Land information and notices
25 Sections 229 and 230 of the Local
Government Act 1989 and the regulations
made under those sections apply to the
Authority as if--
(a) the Authority were a municipal council
30 and the docklands area were its
municipal district; and
(b) any reference to the Local
Government Act 1989 included a
reference to this Act; and
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(c) a reference to the Chief Executive
Officer were a reference to the
Authority; and
(d) the Authority were the prescribed
5 person for receipt of a notice of
disposition of land.
35J. Indemnity
The Authority must indemnify and keep
indemnified members of the Authority,
10 members of staff of the Authority and any
person exercising any function or power on
behalf of the Authority against all actions or
claims (whether arising during or after the
term of office or employment of that
15 member) in respect of any act or thing done
or omitted to be done in good faith in the
exercise or purported exercise of any
municipal function conferred on the
Authority.
20 35K. Obstructing the Authority
A person must not obstruct the Authority or
a member of staff of the Authority in the
performance of any municipal function or of
anything the Authority or member is
25 empowered to do under any local law.
Penalty: 10 penalty units.
35L. Compliance with requirements
Section 226 of the Local Government Act
1989 applies in respect of any requirement to
30 carry out work made to an owner by the
Authority under any Act, regulation or local
law as if the Authority were a municipal
council.
35M. Proceedings
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Section 232 of the Local Government Act
1989 applies in respect of the Authority as if
the Authority were a municipal council.
Division 2--Advisory committee
5 35N. Advisory committee
(1) The Authority may appoint any advisory
committee that the Authority considers
appropriate to advise it in relation to the
Authority's municipal functions.
10 (2) The Authority may appoint as members of an
advisory committee--
(a) any persons it considers represents the
interests of residents, occupiers or
businesses in the docklands area; and
15 (b) any other persons that the Authority
thinks fit.
(3) The Authority may do all or any of the
following--
(a) determine or vary the functions of an
20 advisory committee;
(b) appoint a person to be chairperson of an
advisory committee;
(c) determine the terms and conditions of
appointment of a chairperson or other
25 member;
(d) at any time remove a chairperson or
other member from office.
(4) A chairperson or other member of an
advisory committee is entitled to receive any
30 travelling and other allowances that are fixed
by the Authority for that member.
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(5) Schedule 3 (but not the by-laws, or the
provisions about remuneration or
allowances) applies to the procedure of an
advisory committee as if it referred to an
5 advisory committee instead of the Authority.
(6) The Authority may at any time dissolve an
advisory committee.
Division 3--Polls
35O. Who can vote in a poll?
10 (1) The Authority must prepare a voters' roll for
the docklands area which must contain the
prescribed particulars.
(2) Sections 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 21A, 22, 23, 24(2), (4A) and (5), 25,
15 26 and 27 of the Local Government Act
1989 apply in relation to eligibility for
enrolment on the voters' roll and the
preparation of voters' lists and the voters' roll
for the docklands area for the purpose of this
20 Division as if any reference in those
provisions--
(a) to a Council or the Chief Executive
Officer were a reference to the
Authority; and
25 (b) to a municipal district or a ward were a
reference to the docklands area.
35P. When can a poll be conducted?
(1) The Authority may at any time conduct a
poll of voters on any proposition relating to
30 its municipal functions or to the future
municipal management of the docklands
area.
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(2) The Authority must cause a poll to be
conducted if it receives a request for the poll
which complies with sub-section (3).
(3) A request for a poll must--
5 (a) state the proposition to be put to the
poll which must be a proposition
relating to the Authority's municipal
functions or to the future municipal
management of the docklands area; and
10 (b) be signed by not less than one-tenth of
the voters on the voters' roll for the
docklands area; and
(c) be in the prescribed form; and
(d) be accompanied by the prescribed fee.
15 (4) The Authority must, by notice published in
the Government Gazette, fix a date for the
holding of the poll.
(5) The notice must set out--
(a) the proposition that is to be put to the
20 poll; and
(b) the last date on which postal ballots
may be validly received; and
(c) any further conditions and requirements
to be complied with in the conduct of
25 the poll and the declaration of the
result.
35Q. Voting at poll to be by postal ballot
All voting at a poll of voters under this
Division is to be by means of postal voting.
30 35R. Form of ballot papers
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The ballot-papers to be used in a poll under
this Division must--
(a) contain the proposition to be put the
poll; and
5 (b) be in the prescribed form.
35S. Each voter is only entitled to one vote
A voter is only entitled to one vote at a poll
under this Division.
35T. Conduct of postal vote
10 The returning officer for a poll under this
Division must send or deliver to each voter
who is entitled to vote in the poll--
(a) a postal vote certificate or declaration;
(b) a ballot paper for postal voting;
15 (c) a prepaid envelope for the return of the
certificate and ballot paper;
(d) instructions on how to vote;
(e) notice of how and by when the ballot
paper must be returned;
20 (f) any document prescribed for the
purposes of this paragraph;
(g) any other material that the returning
officer thinks is appropriate.
35U. Scrutineers
25 (1) The following may appoint a scrutineer for a
poll under this Division--
(a) 3 or more voters who declare in writing
to the Authority that they are in favour
of the proposition; and
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(b) 3 or more voters who declare in writing
to the Authority that they are not in
favour of the proposition.
(2) The form for the appointment of a scrutineer
5 for a poll under this Division must--
(a) be signed by the people making the
appointment; and
(b) be accompanied by a copy of any
declaration made for the purposes of
10 sub-section (1).
35V. Recount of votes
At any time before the public declaration of
the results of a poll under this Division, the
returning officer may, if he or she considers
15 it appropriate to do so, open any sealed
parcel containing ballot-papers and recount
the ballot-papers.
35W. What is needed for a poll to be carried?
A poll under this Division is carried if--
20 (a) the number of valid votes recorded is
not less than one-third of the number of
votes on the voters' roll; and
(b) a majority of the valid votes recorded
are in favour of the proposition.
25 35X. Notice of results
The returning officer must, as soon as
practicable after the results of a poll under
this Division are known--
(a) publicly declare those results; and
30 (b) notify the Authority, and give public
notice, of--
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(i) the number of voters on the voters'
roll for the docklands area; and
(ii) the results of the poll.
35Y. Application of Local Government Act 1989
5 Sections 43, 51, 54(1), 55 , 58, 58A, 59, 60
and 61 of the Local Government Act 1989
and clauses 1, 2 and 4 of Schedule 2 and
clauses 1, 2, 12, 14 and 15 of Schedule 3 to
the Local Government Act 1989 apply to
10 polls under this Division as if any reference
in those provisions--
(a) to a Council or the Chief Executive
Officer were a reference to the
Authority; and
15 (b) to a ward or municipal district were a
reference to the docklands area; and
(c) to an election were a reference to a poll.
35Z. Authority to have regard to result of poll
The Authority must have regard to the result
20 of a relevant poll conducted under this
Division--
(a) in making a decision in relation to a
municipal function; or
(b) in making a recommendation to the
25 Minister on the future municipal
management of the docklands area.'.
5. Docklands area
In section 4 of the Docklands Authority Act
1991--
30 (a) sub-section (3A) is repealed; and
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(b) in sub-section (5)(a) after "municipal
district" insert "(including the municipal
district of the Melbourne City Council)".
6. Role of Authority
5 In section 6(3) of the Docklands Authority Act
1991--
(a) in paragraph (a) after "property" insert
"(except property vested in it under Part 3A
or Part 7)"; and
10 (b) in paragraph (b)(i) after "land" insert
"(except anything done in the course of its
municipal functions)".
7. Delegation
In section 13(1) of the Docklands Authority Act
15 1991 for "sections 25 and 54" substitute "sections
25, 35D, 35E and 54".
8. Charges
(1) In section 25(1)(a) of the Docklands Authority
Act 1991 omit "water, gas, electricity, sewerage,
20 drainage,".
(2) In section 25 of the Docklands Authority Act
1991, for sub-section (6) substitute--
"(6) A charge which is levied in relation to land
and is unpaid and any unpaid interest on that
25 charge and any costs awarded to the
Authority by a court in any proceedings in
relation to that charge or interest are a first
charge on the land.".
9. Docklands area not part of municipal district
30 In section 32(1) of the Docklands Authority Act
1991, paragraph (b) is repealed.
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10. General Fund
After section 36(3)(a) of the Docklands
Authority Act 1991 insert--
"(aa) in relation to its municipal functions, for any
5 purpose for which a council can apply
money under section 136 of the Local
Government Act 1989;".
11. Release of information
At the end of section 45 of the Docklands
10 Authority Act 1991 insert--
"(2) A document relating to the municipal
functions of the Authority is not an exempt
document under section 38 of the Freedom
of Information Act 1982.".
15 12. Service of documents
After section 50(4) of the Docklands Authority
Act 1991 insert--
"(5) A statutory declaration by a person who has
served or given a document to or on behalf
20 of the Authority stating the manner, place,
date and time the document was served or
given is evidence of the document having
been served or given.".
13. New section 51A inserted
25 After section 51 of the Docklands Authority Act
1991 insert--
"51A. Inspectors
(1) Without limiting the powers under section
223B of the Local Government Act 1989,
30 an inspector of municipal administration
may examine or investigate--
(a) any voters' roll or voters' list relating to
the docklands area;
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s. 14
Act No.
(b) any act, matter or thing concerning the
property, income, assets, rights,
liabilities or expenses of or other
matters relating to the Melbourne City
5 Council and the municipal district of
the Melbourne City Council required to
be examined or investigated or
necessary or convenient to be examined
or investigated for the purposes of Part
10 3A or an order under section 63.
(2) Section 132 and sub-sections (2) to (6) of
section 223B of the Local Government
Act 1989 apply in relation to any
examination or investigation referred to in
15 sub-section (1) of this section.
(3) An inspector of municipal administration, at
the direction of the Minister, must make
available to the Authority any information
and copies of any documents discovered by
20 or provided to the inspector in the course of
an examination or investigation under this
section.".
14. By-laws
In section 54(1) of the Docklands Authority Act
25 1991, paragraphs (e), (g) and (i) are repealed.
15. Regulations
After section 56(1) of the Docklands Authority
Act 1991 insert--
"(1A) The Governor in Council may make
30 regulations for or with respect to--
(a) any matter relating to the enrolment and
preparation of voters' rolls under Part
3A or to the holding of a poll under that
Part;
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s. 16
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(b) prescribing any matter or thing
authorised or required to be prescribed
or necessary or convenient to be
prescribed for carrying this Act into
5 effect.".
16. Section 57 repealed
Section 57 of the Docklands Authority Act 1991
is repealed.
17. New Part 7 inserted
10 After Part 6 of the Docklands Authority Act
1991 insert--
'PART 7--TRANSITIONAL
57. Docklands area
In this Part--
15 "commencement day" means the date of
commencement of section 17 of the
Local Government (Docklands) Act
1998;
58. Docklands area severed from municipal
20 district of Melbourne City Council
(1) On the commencement day, the land in the
docklands area is severed from the municipal
district of the Melbourne City Council.
(2) The alteration of the municipal district of the
25 Melbourne City Council under sub-section
(1) does not constitute a reconstitution of the
Melbourne City Council.
59. Planning scheme to continue to apply to
area
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Despite section 58 and anything to the
contrary in the Planning and Environment
Act 1987--
(a) any planning scheme in force in the
5 docklands area immediately before the
commencement day continues to have
the same operation and effect and may
be amended from time to time as if the
docklands area had not been severed
10 from the municipal district of the
Melbourne City Council; and
(b) no act, matter or thing under the
planning scheme or the Planning and
Environment Act 1987 is in any way
15 abated or affected because the
docklands area has been so severed;
and
(c) any such act matter or thing of a
continuing nature may be continued
20 and completed in all respects as if the
docklands area had not been so severed.
60. Sewers and drains
On the commencement day--
(a) all public sewers and drains in the
25 docklands area; and
(b) all sewers and drains in and under roads
in the docklands area; and
(c) all works and materials relating to the
sewers and drains referred to in
30 paragraphs (a) and (b)--
vested in the Melbourne City Council under
section 198 of the Local Government Act
1989 are divested from the Melbourne City
Council and are vested in the Authority and
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are under the management and control of the
Authority.
61. Roads
(1) On the commencement day all public
5 highways in the docklands area vested in fee
simple in the Melbourne City Council are
divested from the Melbourne City Council
and are vested in fee simple in the Authority.
(2) In this section "public highway" has the
10 same meaning as it has in the Local
Government Act 1989.
62. Rates
Despite anything to the contrary in the Local
Government Act 1989, a person is liable to
15 pay any rates or charges declared by the
Melbourne City Council under that Act
before the commencement day in respect of
land in the docklands area as if the land in
the docklands area were still part of the
20 municipal district of the Melbourne City
Council.
63. Transitional orders
(1) The Governor in Council, on the
recommendation of the Minister, may by
25 order provide for any matter necessary or
convenient to give effect to the severance of
the docklands area from the municipal
district of the Melbourne City Council.
(2) Without limiting the generality of sub-
30 section (1), an order may provide for--
(a) any property, income, assets, rights,
liabilities, expenses or other matters to
be apportioned, settled, transferred,
adjusted or determined;
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(b) the application, continuation,
amendment or revocation of existing
local laws;
(c) transitional provisions in relation to any
5 act, matter or thing done or required to
be done by or in relation to the
Melbourne City Council or the
Docklands Authority.
(3) Sections 220S(1) and 220S(2) (except
10 paragraphs (h) to (j)) of the Local
Government Act 1989 apply with any
necessary modifications to an order made
under this section.
(4) The Authority and the Melbourne City
15 Council must comply with any order made
under this section.
64. Voters' roll
The Minister may direct the Melbourne City
Council to provide information to the
20 Authority on any voters' roll which existed in
relation to the docklands area immediately
before the commencement day.'.
Division 2--Amendments to other Acts
18. City of Melbourne Act 1993
25 (1) In section 5(2) of the City of Melbourne Act
1993 after "sub-section (1)(b)" insert "(as varied
under sub-section (3))".
(2) After section 5(2) of the City of Melbourne Act
1993 insert--
30 "(3) Despite sub-section (1), the municipal
district of the Melbourne City Council does
not include any area severed from the
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s. 19
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municipal district under the Docklands
Authority Act 1991.".
19. Emergency Management Act 1986
After section 4(1) of the Emergency
5 Management Act 1986 insert--
"(2) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if--
(a) a reference to a municipal district
10 included a reference to the docklands
area; and
(b) a reference to a municipal council
included a reference to the Docklands
Authority established under the
15 Docklands Authority Act 1991.".
20. Environment Protection Act 1970
(1) After section 4(3A) of the Environment
Protection Act 1970 insert--
"(3B) This Act applies in relation to the docklands
20 area under the Docklands Authority Act
1991 as if--
(a) the docklands area were a municipal
district; and
(b) the Docklands Authority established
25 under the Docklands Authority Act
1991 were the municipal council; and
(c) for the purposes of section 50I, the
chief executive of the Docklands
Authority were a councillor.".
30 (2) After section 50S(5) of the Environment
Protection Act 1970 insert--
"(6) For the purposes of this Division, the
docklands area within the meaning of the
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s. 21
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Docklands Authority Act 1991 is deemed
to be a municipal district listed in
Schedule C.".
21. Melbourne City Link Act 1995
5 (1) In section 58 of the Melbourne City Link Act
1995--
(a) for "and the Local Government Act 1989 or
the regulations under that Act" substitute
"or the Local Government Act 1989 or the
10 regulations under that Act or the Docklands
Authority Act 1991 or the regulations under
that Act";
(b) in paragraph (b) after "Council" insert "and
the Docklands Authority".
15 (2) In section 62(1) of the Melbourne City Link Act
1995--
(a) after "Local Government Act 1989 or the
regulations under that Act" insert "or the
Docklands Authority Act 1991 or the
20 regulations under that Act";
(b) in paragraph (b) after "Council" insert "and
the Docklands Authority".
(3) After section 96(5) of the Melbourne City Link
Act 1995 insert--
25 "(5A) Section 35E of the Docklands Authority
Act 1991 does not apply in respect of
licensed land or leased land.".
(4) After section 103(3) of the Melbourne City Link
Act 1995 insert--
30 "(4) This section applies to the powers under the
Local Government Act 1989 which are
conferred on the Docklands Authority under
section 35G of the Docklands Authority
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s. 22
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Act 1991 as if a reference in sub-sections (1)
and (2) to a Council were a reference to the
Docklands Authority.".
(5) After section 104(3) of the Melbourne City Link
5 Act 1995 insert--
"(4) This section applies to local laws made or to
be made by the Docklands Authority under
section 35D of the Docklands Authority
Act 1991 as if--
10 (a) a reference in sub-section (1) to a
Council were a reference to the
Docklands Authority; and
(b) a reference in sub-sections (1) and (3)
to the Local Government Act 1989
15 were a reference to the Docklands
Authority Act 1991.".
22. Melbourne and Metropolitan Board of Works Act
1958
In the Third Schedule to the Melbourne and
20 Metropolitan Board of Works Act 1958, after
paragraph (d) insert--
"(e) the docklands area within the meaning of the
Docklands Authority Act 1991.".
23. Metropolitan Fire Brigades Act 1958
25 (1) After section 3(1) of the Metropolitan Fire
Brigades Act 1958 insert--
"(2) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if--
30 (a) a reference to a municipal district
included a reference to the docklands
area; and
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s. 24
Act No.
(b) a reference to a municipal council
included a reference to the Docklands
Authority established under the
Docklands Authority Act 1991.".
5 (2) After section 4(2) of the Metropolitan Fire
Brigades Act 1958 insert--
"(2A) The metropolitan fire district includes the
docklands area within the meaning of the
Docklands Authority Act 1991.".
10 24. Public Holidays Act 1993
After section 3(2) of the Public Holidays Act
1993 insert--
"(3) The docklands area within the meaning of
the Docklands Authority Act 1991 is
15 deemed to be a metropolitan municipal
district under this Act.".
25. Victoria Grants Commission Act 1976
At the end of section 2 of the Victoria Grants
Commission Act 1976 insert--
20 "(2) This Act applies in relation to the docklands
area under the Docklands Authority Act
1991 as if--
(a) the docklands area were a municipal
district; and
25 (b) the Docklands Authority established
under the Docklands Authority Act
1991 were the municipal council; and
(c) for the purposes of section 15, a
member or the chief executive of the
30 Docklands Authority were a
councillor.".
_______________
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s. 26
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PART 3--MELTON
26. Insertion of Part 12
After section 243 of the Local Government Act
1989 insert--
5 'PART 12--PROVISIONS APPLYING TO THE
MELTON SHIRE COUNCIL
Division 1--Definitions
244. Definitions
In this Part--
10 "Commissioners" means people appointed
to administer the Council;
"Council" means the Melton Shire Council.
Division 2--The holding of the first Poll
245. Minister may fix date for poll
15 (1) The Minister may, by notice published in the
Government Gazette, fix a date for the
holding of a poll to determine the views of
the voters of Melton as to whether the
Council should continue to be administered
20 by Commissioners.
(2) If the Minister fixes a date for the holding of
such a poll, the notice fixing the date must
also set out the question or proposition that
is to be put at the poll.
25 246. What is needed for poll to be carried
A poll under this Division is carried if--
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(a) the number of valid votes recorded is
not less than half of the number of
voters on the voters' roll; and
(b) a majority of the valid votes recorded
5 are in favour of the Council continuing
to be administered by Commissioners.
247. Commissioners to continue if poll carried
(1) If a poll under this Division is carried--
(a) the Governor in Council may continue
10 to appoint Commissioners;
(b) any order made under Part 10C that
applied to the Council immediately
before the poll was carried continues to
apply to the Council, except to the
15 extent that it is inconsistent with any
provision of this Part;
(c) a Commissioner is to be appointed for a
term of up to 3 years;
(d) if the office of a Commissioner
20 becomes vacant, the person appointed
to fill the vacancy is to be appointed for
the balance of the former
Commissioner's term of office;
(e) a Commissioner may be reappointed on
25 the expiry of her or his term of office.
(2) Subject to this section, the Commissioners--
(a) are deemed to be the Councillors of the
Council and together to constitute the
Council as Councillors; and
30 (b) have and may exercise and discharge
the responsibilities, liabilities, rights,
powers, authorities, duties and
functions conferred or imposed on--
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s. 26
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(i) the Council by or under any Act;
(ii) Councillors generally or on the
Councillors of the Council by or
under any Act.
5 (3) While the Council continues to be
administered by the Commissioners--
(a) the following provisions do not apply
to the Council--sections 10 and 28 to
30, Divisions 4, 5 and 6 of Part 3,
10 sections 63, 67, 68, 68A, 69 to 75, 219
and 242(1)(b);
(b) sections 66, 76 to 81, 85 to 87, 90, 92,
114, 126, 133, 134, 193, clause 15(3) of
Schedule 2 and clause 20(h) of
15 Schedule 12 apply as if a reference to a
Councillor in those sections was a
reference to a Commissioner;
(c) section 84(1) is to be read as if a
reference to "The Mayor or at least
20 3 Councillors" was a reference to a
single Commissioner;
(d) section 90(2) is to be read as if it did
not contain a reference to section 71(1);
(e) sections 153B(4B) and (4C) and
25 208G(3B) and (3C) are to be read as if
a reference to "2 Councillors" was a
reference to the Chairperson of the
Commissioners;
(f) section 220 is to be read as if--
30 (i) C was defined as the number of
Councillors the Council will have
after its next general election; and
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s. 26
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(ii) a reference to "each Councillor"
was a reference to one of those
Councillors;
(g) a reference to the Mayor of the Council
5 in any Act (other than this Act),
regulation, rule, by-law, local law,
instrument or document is deemed to a
reference to the Chairperson of the
Commissioners;
10 (h) any reference to an obligation to hold
an election in respect of the Council or
a Councillor has no effect.
Division 3--Further Polls on Form of Council
Administration
15 248. Application of this Division
This Division only applies if a poll is carried
under Division 2.
249. Poll may be held to determine whether
Commissioners to continue
20 A poll may be held to determine the views of
the voters of Melton as to whether the
Council should continue to be administered
by Commissioners.
250. What is needed for such a poll to be held
25 The Council must cause such a poll to be
conducted if--
(a) it has received a request for the poll
that--
(i) contains the details required by
30 the regulations; and
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s. 26
Act No.
(ii) is signed by people--
(A) who are entitled to be
enrolled on the Council's
voters' roll at the time the
5 request is given to the
Council; and
(B) who number not less than
10% of the number of voters
on the voters' roll at the
10 Council's last poll; and
(iii) is accompanied by the fee
required by the regulations; and
(b) it receives the request between 1 May
and 30 June in the year before the terms
15 of the Commissioners are due to expire;
and
(c) it has not received, in the 3 years
immediately before 30 June in the year
the request is made, another request
20 that complies with paragraphs (a)
and (b).
251. Fixing of poll date and question
(1) In this section "poll date" means the last
date on which postal ballots for the poll may
25 validly be received.
(2) The Council must fix a poll date for the poll
that is at least 6 months before the date the
terms of the Commissioners are due to
expire.
30 (3) On deciding that it is required to conduct a
poll under this Division, the Council must
notify the Minister in writing of that fact
within 3 working days of that decision.
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s. 26
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(4) As soon as is practicable after receiving such
a notice, the Minister must, by notice
published in the Government Gazette, fix the
question or proposition that is to be put at the
5 poll.
252. What is needed for poll to be carried
A poll under this Division is carried if--
(a) the number of valid votes recorded is
not less than half of the number of
10 voters on the voters' roll; and
(b) a majority of the valid votes recorded
are not in favour of the Council
continuing to be administered by
Commissioners.
15 253. Holding of general election if poll carried
(1) If a poll under this Division is carried--
(a) a general election of Councillors for the
Council must be held on the third
Saturday in March in the year after the
20 year in which the poll was carried; and
(b) the Council is deemed to have decided
to hold triennial elections and to have
complied with section 35(2).
(2) If the third Saturday in March in an election
25 year is Easter Saturday, the general election
of Councillors is to be held on the second
Saturday in March in that year.
(3) The Chief Executive Officer must summon a
meeting of the Council within 14 days after
30 the day the returning officer for the election
publicly declares the result of the election.
(4) The Commissioners go out of office when
that meeting of the Council starts.
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254. Automatic extension of term of office of
Commissioners
If a poll is carried under this Division during
the term of office of a Commissioner, the
5 Commissioner is deemed to have been
appointed to a term of office that ends at the
start of the meeting of the Council called
under section 253(3).
255. Future elections
10 Section 36(2) applies as if the election
required by section 253(1) had been held
under section 36(1).
256. Future polls
Polls may continue to be held under this
15 Division until a poll is carried.
Division 4--Conduct of Polls under this Part
257. Voting at poll to be compulsory
Section 40 applies as if a reference in that
section to an "election in respect of the ward
20 in which his or her principal place of
residence is located" was a reference to a
poll under this Part.
258. Voting at poll to be by postal voting
(1) All voting at a poll under this Part is to be by
25 means of postal voting.
(2) Section 41A(2) applies to polls under this
Part as if the Council had made a decision
that all voting at the poll was to be by means
of postal voting.
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(3) In addition to the items listed in section
41A(2)(b), the returning officer must also
send or deliver to each voter under that
section any material that the Minister, by
5 notice in the Government Gazette, declares
is to be sent or delivered to each voter.
259. Application of other provisions of this Act
(1) Part 6 of Schedule 3 does not apply to polls
under this Part.
10 (2) Sections 54(1) and (2) and 55(1) apply as if a
reference in those provisions to an election
was a reference to a poll under this Part.
(3) Subject to anything to the contrary in this
Part, the provisions of this Act (other than
15 sections 40A, 40B, and 44 to 49) and the
regulations dealing with enrolment for, and
voting at, Council elections and the election
of Councillors apply to polls under this Part
with any alterations or adaptations that are
20 necessary.
260. Form of ballot papers
The ballot-papers to be used in a poll under
this Part must--
(a) contain the question or proposition
25 fixed by the Minister for the poll; and
(b) be in the form specified by the Minister
by notice published in the Government
Gazette.
261. Each voter to have one vote
30 A voter is only entitled to 1 vote at a poll
under this Part.
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s. 26
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262. Scrutineers
(1) The following may appoint a scrutineer--
(a) for a poll under Division 2--
(i) 3 or more voters who declare in
5 writing that they are in favour of
the Council continuing to be
administered by Commissioners;
and
(ii) 3 or more voters who declare in
10 writing that they are not in favour
of the Council continuing to be
administered by Commissioners.
(b) for a poll under Division 3--
(i) 3 or more people who signed the
15 request for the poll; and
(ii) 3 or more voters who declare in
writing that they are in favour of
the Council continuing to be
administered by Commissioners.
20 (2) The form for the appointment of a scrutineer
for a poll under this Part must--
(a) be signed by the people making the
appointment; and
(b) be accompanied by a copy of any
25 declaration made for the purposes of
sub-clause (1)(a) or (1)(b)(ii).
(3) In this section a reference to a voter is a
reference to a person who is on the Council's
voters' roll.
30 263. Recount of votes
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s. 26
Act No.
At any time before the public declaration of
the results of a poll under this Part, the
returning officer may, if she or he considers
it appropriate to do so, open any sealed
5 parcel containing ballot-papers and recount
the ballot-papers.
264. Notice of results
The returning officer must, as soon as is
practicable after the results of a poll under
10 this Part are known--
(a) publicly declare those results; and
(b) notify the Minister and the Council, and
give public notice, of--
(i) the number of voters on the voters'
15 roll; and
(ii) the results of the poll.
Division 5--Expiry of this Part
265. When Part ceases to apply
This Part (other than section 255) ceases to
20 apply at the start of the meeting of the
Council called under section 253(3).'.
36
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
37
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Local Government (Governance and Melton) Act 1998
Act No.
38
532152B.I1-7/10/98
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